204 • A Guide to IT Contracting: Checklists, Tools, and Techniques
KEY ISSUES AND GUIDING PRINCIPLES
Evaluate Your Website
• Who is the website’s targeted audience? is audience could be ven-
dors, dealers, resellers, strategic partners, consumers, children, reg-
ulators, or search engines.
• Is the entire website accessible to all users, or is access to certain por-
tions limited to classes of users with varying user rights? Additionally,
are the website’s users generally located inside or outside the U.S.? If
outside, can the locations be identied where users outside of the
U.S. (generally) access the site? If so, what percentage of all site users
are non-U.S. users?
• Does the website process any transactions? ese may include credit
applications, sale of goods, and user registrations.
• Are any products or services sold or made available on the website?
If so, they should be identied. Products or services may include
tangible products, insurance, securities, information, and nancial
• Does the website use any forms? If so, how does it use forms? Uses of
forms could include product ordering, collection of personal infor-
• Does the website enter data into or access a database? If so, does the
website owner have the proper licenses to use such database, includ-
ing tables, table denitions, entry forms, report engines, etc.? Know
the location of the database and compile a list of who has access to
the database if it is shared.
• Proper registration (whois.net). e domain owner should conrm
that the registration information is accurate, and should promptly
make any changes if any of the information is not accurate at pres-
ent or in the future. Additionally, the owner should conrm that the
proper entity is listed as the owner of the domain name.
• Trademark due diligence (USPTO.com). Actions for trademark
infringement are the primary source of litigation involving web-
sites. As such, any use of a third-party’s marks should be carefully