We all make New Year’s resolutions – some are personal, some are business or professional in nature. Even if we don’t actually make New Year’s resolutions, we engage in formal and informal “planning” as we look ahead to the new year.
If you operate a website, you’re probably aware that your website operations are now highly regulated. And the pace of legal regulations continues to accelerate.
Which means that you face an increasing risk of legal liability.
So, it’s a good idea to give your website a legal check-up and to update your site before it’s too late.
General Issue Checklist
The general checklist below covers issues that are not new issues which arose in 2009. These issues have been around for a while, but some may be new to you, particularly if your website or marketing activities changed recently.
- Copyright Notice. These are the basic elements of a copyright notice: the word “copyright” or copyright symbol (c in a circle) followed by the year of first publication followed by the name of the copyright owner followed by “All rights reserved worldwide.” Here’s an example taken from my digicontracts.com website: Copyright 1996-2010 Digital Contracts, Inc. All rights reserved worldwide.
- Blogs. If you’ve recently added a blog to your site, or if your site is a blog site, it’s possible that a visitor could post infringing materials (e.g. text, video links, images). Under the strict principles of copyright law, you’d be a copyright infringer even if you were unaware of the posting. Your liability could be significant. The Digital Millennium Copyright Act (DMCA) provides a “safe harbor” from liability provided you publish a DMCA notice and register with the Copyright Office.
- Collection, Use and Sharing of Personal Information. Your marketing activities determine the categories of personal information you collect, how you use it, and how you share it. As you evolve your marketing practices over time, it’s easy to forget that your Privacy Policy should reflect your actual practices regarding personal information. This is one area in which most online marketers are the most vulnerable to legal liability. So, review carefully your present and anticipated future marketing activities that include personal information and update your Privacy Policy accordingly.
- Data Security. Technology and security practices are in a continual state of evolution. You’re required to implement and maintain “reasonable and appropriate” data security measures, according to the Federal Trade Commission (FTC). If your site does not actually implement up-to-date measures, you should update them immediately.
- Service Providers. Do your outsourced service providers – hosting, SEO, website development, etc. – have access to the internals of your website server and your databases that archive personal information? If so, according to the FTC, you need to enter into simple confidentiality agreements with these service providers.
- Human Intervention in Online Contracting. Two 2008 cases highlighted the fact that human intervention in online contracting may be a recipe for creating unenforceable agreements. The recipe for enforceable online agreements is well settled, but if you add intervention by your employees into the acceptance process, your online agreement may end up becoming unenforceable.
Emerging Issue Checklist
The emerging issue checklist below covers issues that were new in 2009 or experienced relatively significant new developments in 2009.
- Keyword-Triggered Ads. The issue is familiar: Whether pay-per-click advertisers should be permitted to use keywords that are also competitor’s trademarks for purposes of triggering the advertisers’ ads on a search results page. This issue continued to be hotly litigated in 2009 without ultimate resolution due to a split among various Circuit Courts of Appeals. However, a 2nd Circuit ruling in 2009 narrowed the split in favor of trademark owners. Congress may resolve the split with specific legislation in 2010.
- Behavioral Ads. Behavioral ads are highly relevant to consumers because they are based on consumers’ online behavior, including data tracked regarding sites visited, length of visits, content read, and searches made. In February 2009, the FTC issued a staff report entitled “Self-Regulatory Principles For Online Behavioral Advertising”. This report set out certain principles for purposes of protecting consumer privacy. Later, Google issued a notice that “interest-based” advertising utilized in its AdSense program required a modification to the Privacy Policies of all participants in the AdSense program. Look for congressional action on behavioral advertising in 2010.
- Red Flag Identity Theft Policy. 2009 saw deadlines for establishing a Red Flag Identity Theft Policy come and go. Extensions of the deadline were ordered by the FTC due to confusion over the scope of the regulations and who is covered. The current deadline is June 1, 2010. In simple terms, if your registered users make periodic payments payable as monthly or quarterly installments, or if you extend credit so that payment is made after receipt of the product or service, you’re covered by the regulations, and you should implement a policy.
- False Advertising. In July 2009, the Attorney General for New York reached a settlement with a cosmetic surgery company over the company’s fake positive consumer reviews on the Web. The company ordered its employees to pose as customers and to write flattering reviews. The Company agreed to pay $300,000 in penalties.
- FTC Guides. Concerned over false advertising on the Web (including the type of behavior discussed in the False Advertising point above), the FTC issued new Guides explaining how they will interpret existing law regarding endorsements and testimonials used in online advertising. if you recruit affiliates, resellers, or bloggers to promote your offering, you’d be classified as an “Advertiser” under the Guides, and if you’re recruited as an affiliate, reseller, or blogger to pitch the products of others, you’d be classified as an “Endorser” under the Guides. In simple terms, Advertisers are required to provide guidance and training to their Endorsers regarding the Guides or face liability. Endorsers are required to disclose material connections with their sponsoring Advertisers including receipt of compensation of any kind. Drafting and posting a Disclosure Policy is the key to compliance for Endorsers in order to avoid a fine of up to $11,000.
What to do if You’re Developing a New Website
If you’re developing a new website (or heaven forbid, if you have an existing website that has yet to incorporate website compliance documents), your website should incorporate some combination of the following documents:
- FTC Guides Disclosure Policy
- Legal Page
- Terms of Use
- DMCA Registration Form
- Privacy Policy
- Service Provider Privacy-Security Agreement
- Customer Agreement (click-wrapped SaaS, Membership, Subscription, Account Agreement)
- Red Flag Identity Theft Policy
Conclusion
The checklists in this article are not exhaustive; however, they should be a good start to a comprehensive legal check-up for your website as you move into 2010.
It’s not the “wild, wild west” atmosphere on the Web anymore. Legal compliance is essential if you want to avoid liability in a highly regulated environment.
This article is provided for educational and informative purposes only. This information does not constitute legal advice, and should not be construed as such.
Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting website legal compliance documents with his MyLegalFirewall website documents drafting service. Use his free online tool Website Documents Determinator to quickly determine which documents your website really needs. And grab your 3 complimentary Special Reports.
Post from: SiteProNews: Webmaster News & Resources
2010 Resolution — Give Your Website a Legal Check-Up
Squidoo was a term from the 20′ and 30’s I think, and it was a slang phrase for “Get out while the gettin’s good.” Nope… that’s 23 skidoo! My mistake.
So then I looked it up in Wikipedia and this is their words exactly… “Squidoo is a community website that allows users to create pages (called lenses) for subjects of interest. Squidoo is in the top 500 most visited sites in the world, and in the top 300 most viewed in the United States.[1] Squidoo grew 91% in 2008, and had 900,000 handbuilt lenses as of February 1st, 2009.
Wow! 900,000 websites! Just on Squidoo! It boggles the mind.
But here is how it can work for you. This coming from the perspective of an online marketer AND a traffic hog. The more the better…almost, but I’d rather have good quality traffic than just big traffic.
First, when you get to Squidoo, you get a domain name AND a website hosted at that URL. Squids, who are just people who use Squidoo, refer to their their websites as “lenses.” Maybe it comes from being able to view a slice of the world through one of their lenses.
But a FREE domain name and website! And they make it easy.
That clears up a big hurdle that folks who want to earn money online face in the beginning.
One method by which small online marketers get the right people to their sites is by selecting a keyword that they can rank for. The keyword also has to be highly relevant to the content of their site.
So, say you had a good supplier of umbrellas and you wanted to make some affiliate sales for them.
You need a keyword that will let you into the market.
I checked “umbrellas” as a keyword except that the word is too broad and will have high competition and low quality of traffic.
I went to Google this is what I typed in… site: squidoo “umbrellas” and got Results 1 – 9 of about 11,700 for site: squidoo “umbrellas”. Way too broad! Plus I can’t compete! Good grief! There are 11,000 “umbrella” squidoo competitors. Give or take a thousand.
Why is that so important? Well, it’s more important than it would be if you had a free standing, self hosted site simply because Google will only show ONE Squidoo result most times and occasionally two on a page of ten search results.
So I went to Google this is what I typed in… site: squidoo “rain umbrellas” and got Results 1 – 10 of about 101 for site: squidoo “rain umbrellas”. Wow!
That’s a fine example of a “low competition” keyword. That’s just may way of saying not too much competition.
Now, go get a Squidoo site with rain-umbrellas first in the domain name and you are ready to to go. IF you have an umbrella supplier.
Now, go ahead and fill your site with all things rain umbrellas and do what it takes to get indexed by Google. This is imprtant because if you are not indexed Google WON”T show your site!
So what does all this show us?
It shows you where to get a website and domain name free.
It shows you how to pick a Squidoo lens domain name so that you will have a really good shot at Google showing YOUR offer up on Page One.
Page One on Google translates into traffic.
I think you can take it from here fairly easily.
Riley West – Squidoo Lenses can easily get traffic to your offers! And it’s quality traffic too. Use the information in this article AND in the FREE EBOOK at Make Money With Squidoo. Start now, get some commissions coming in. You can do this!
Post from: SiteProNews: Webmaster News & Resources
This morning I woke up to someone having submitted a pile of SEO questions using our newsletter question form. At first I thought, “Yikes, that’s kind of pushy to think I have time to answer all those questions!” But then I remembered that this was a newsletter week and I still had no idea what I was going to write about. A second look at the questions made me think that you guys would probably be interested in the answers to many of them, so it worked out perfectly.
Most of these questions have been answered in greater detail in various articles that I’ve written, so if you’d like more info on any of them, I’ve linked to the relevant ones for your convenience.
Thanks to Umair R., who submitted these questions.
1. Is there any fixed rule for Google as far as SEO is concerned? If so, what are the steps?
If only! There are no fixed rules because every website is different and has different needs. There are basic things that all websites need to do in order to improve their chances of showing up in Google search results for relevant phrases, but no magic formula.
See “The Art of SEO” article for more on this.
2. Do the following play important roles in website page ranking and positioning?
- PR
Yes, real PageRank (PR), that kind that only Google knows, about plays a very large part in websites showing up (or not) for search queries that are relevant to it. But toolbar PageRank is another matter entirely. What you see there doesn’t correlate very well to where your page will show up in the search results.
See: “Getting Into Google.”
(Scroll down to the “Google Still Loves Its PageRank” part.)
- The number of incoming links
Not so much in and of itself. Real PR, as mentioned above, is calculated not only on the number of links, but also on the quality of those links. A handful of links from authoritative, trustworthy, relevant pages should far outweigh hundreds of links from so-so sites.
See the High Rankings Link Building Forum.
- Keyword density
Not in that there’s some special percentage that you need to aim for. Certainly it’s helpful to have the keyword phrases that you’d like to show up being used within the content of your page. But that’s just common sense, if you ask me. Surely, if your page is about a certain something (your keyword phrase), how could that phrase NOT be on the page?
See the various threads on keyword density on the High Rankings Forum.
- Page response time
This is important only because if it takes too long to load, it might not be properly (or completely) indexed.
- Bounce rate
It’s doubtful that this matters, because there’s no way for Google to know the bounce rate of every site. And it wouldn’t be fair for them to only count the bounce rates of those sites that have Google Analytics installed, so my guess is that this is not a factor.
See various High Rankings forum threads.
- Time on site
Like the above answer, they don’t know this number unless the site has Google Analytics installed. That said, they may sometimes incorporate the old trick of seeing if a searcher clicks to another site in the search results after clicking one result, and how long it took them to click another. In other words, if they find that lots of people who clicked to one site in the search engine results pages (SERPs) always end up back at Google to try another site, then perhaps that first site wasn’t a great answer to the search query after all.
- Domain page / page age
From what I can tell, this can often be a factor. But it doesn’t seem to be as prominent a factor as it was a few years ago.
3. Is there any special technique for content writing?
There’s no special technique, but I highly suggest hiring a professional marketing copywriter. You will see a positive return on your investment very quickly if you do. In addition, the tried and true SEO copyediting techniques in my “Nitty-gritty of Writing for Search Engines” may come in handy if you’re not sure how to integrate your keyword phrases into your professionally written content.
4. Should we cater to code-to-text ratio while developing websites?
There’s not one shred of evidence that this would have an effect on where a page would show up in the search results for a relevant search query.
5. If active scripting is a must for webpage development, how harmful can it be for PageRank and positions?
It’s typically not harmful at all because it’s usually done before a browser (or search engine spider) sees a page. To users and search engines, your dynamically generated pages are just static HTML by the time they get to them. Still, not all dynamically generated pages are created equal. There are some ways of developing your site that are less search friendly than others. For example, some JavaScript menus, some AJAX, etc.
See “Diagnosing the SEO Health of Your Website“:
6. If a webpage is ranking top for a specific keyword, if we make textual changes in that webpage, is there any chance that we lose the rankings?
Any changes you make to a page’s content can affect how relevant the search engines believe it to be for any particular search query. That doesn’t mean it definitely will change the search results, but it could. The only way to know is to try it and see. Usually, if you’re rewriting your page to be more useful to your site visitors and you don’t remove all the instances of the keyword phrase, you should be fine. Because nothing is permanent with SEO, if you don’t like what you see you can tweak it until you do.
7. Is it possible to be #1 for 20 high-volume searched keywords on Google for a particular domain?
Of course. Every website has lots of pages contained within it, each of which has the ability to be relevant for a number of keyword phrases. However, it’s important to note that what you see as the #1 result may not be what everyone else sees. A better question to ask would be, “Is it possible to get search engine traffic for 20 high-volume searched keywords?”
See “5 Reasons Why Rankings Are a Poor Measure of Success.”
8. How many good-quality links does a webpage require to be in #1 position at Google?
See the previous answer about the number of links as well as the article on rankings referenced above.
9. Is link building an ongoing process forever in order to maintain the top positions?
Like most of the answers I’ve been providing, it depends. An awesome website that is different from its competitors and that is continually developing innovative content will consistently generate high-quality links. But the site that is the same as its competitors with no real added value will most likely end up having to beg for links for its entire existence.
10. Is there any other significant factor for SEO apart from those mentioned above?
Yes, there are thousands of other factors! I’d suggest reading all the articles referenced here, as well as past issues of this newsletter. Also, become a regular member of the High Rankings SEO Forum. Keep studying, but more than that, keep trying different things on your own sites – learn what works and what doesn’t that way.
Jill Whalen, CEO of High Rankings and co-founder of SEMNE, has been performing SEO services since 1995. Jill is the host of the High Rankings Advisor newsletter and the High Rankings SEO forum.
Post from: SiteProNews: Webmaster News & Resources
by Mike Moran
Image by tstadler via Flickr
For the past couple of years, people have been asking if blogging is now dead. Now, as you read this blog post, you might expect that if I took the time to write it, I probably don’t agree. And I don’t. But the “blogging is dead: crowd does have a point–I just don’t think the situation is as extreme as they say.
Now, I could go ahead and list all the reasons that blogging is not dead, but truthfully, that misses the point. The reason that people love to declare things dead runs deeper than some analytical look at the pros and cons. What’s really happening here is simple human nature’s interest in finding the answer.
We all do it at one time or another. In our need to simplify, we tend to make things a bit too simple. So we veer from, “Everyone needs a blog” to “Blogging is dead” in less time that it took to put up an averaged-sized building. Our planning horizons in marketing seem so short nowadays that we don’t have a minute to put things in perspective.
So, yes, Twitter and Facebook status updates have made blogging less essential than it was just a few years ago. You no longer see blog posts that riff off someone else’s post, because people just link to that post on Twitter. For people for whom blogging was too long a form to stick with, Facebook status updates are more manageable.
But blogs aren’t “dead” any more than TV is dead. And TV didn’t kill off radio either. As each new media form comes along, it makes all the previous forms somewhat less important, because each of us has only so much time in the day to create those forms and (more importantly) to consume them. So we probably watch less TV than before the Internet came along, and yes, we probably read fewer blogs now that we monitor Twitter.
So, now that 140-character updates are all the rage, we’ll actually have to have a reason to write blog posts. We’ll need reasons to read them. We won’t just be doing it because it is the new new thing. We’ll have to figure out what they are really good for.
So, rather than blogging being dead, I think it just emerged from adolescence, where instead of being the thing that “all the kids are doing,” now we need to find the true business purpose for our blogs so they are used when needed, just like every other kind of media. Here’s betting that blogs do find an important place for years to come.
If you have a business that depends on providing expertise, it’s hard to beat blogging as a way to show off what you know. Contrast the impact that a blog has to influence opinion over a 140-character tweet. That will certainly keep some people (including me) blogging for the foreseeable future.
What other purposes for blogging are there? That’s what we all need to figure out now. Because if your business can benefit from blogging, it makes sense to keep doing it, or to start doing it, even if blogging is no longer the flavor of the month.
Check out our small business news site.
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Why Blogs Aren’t Dead
