Re: Electronic Authorazation/Contract

by Ivan Hoffman <ivan(at)ivanhoffman.com>

Date:	Mon, 31 Jan 2000 11:04:53 -0800
To:	"Brian V Bonini" <brian(at)livenet.net>, "HWG Business" <hwg-business(at)hwg.org>
In-Reply-To:	livenet
	todo: View Thread, Original

At 11:11 AM 1/31/00 -0500, Brian V Bonini wrote:
>Has everyone/anyone been to one of those sites
>where you sign up for something but before doing
>so your presented with an agreement that you must
>read and then click "I agree" before proceeding?

First of all of course the underlying agreement has to be valid.  In this
instance, the client apparently has the desire to acquire certain rights as
to material submitted.  So that agreement must be properly structured.

Second, in order to even have a  remote chance of having an agreement
deemed valid, there has to be a set up so that the visitor cannnot access
the rest of the site without clicking on "I Agree."  There is no guarantee
that the agreement or this procedure will be upheld since the cases are not
uniform.

Third, if the designer tries to do all this without referring the client to
an attorney, the designer may be held liable, at least as to the client,
since the client may be relying on the expertise of the designer and there
may be implied, or even express warranties made by the designer.  It may
depend upon what the designer/client written agreement says.

IVAN HOFFMAN, B.A., J.D. 
Attorney At Law
Lawyering With Integrity (sm)
Writing and Publishing Law, Web Design Contracts and Law, Copyrights,
Trademarks, Internet Law, Web Site Audits, Recording and Music Law.  *A
Four Times Award-Winning Site.*
http://www.ivanhoffman.com

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