by Lesa Seibert, President, Xstreme Media

Is your website a breeding ground for a lawsuit?  I am sure that your home and landing pages undergo much heavier scrutiny that your Privacy Policy and Terms of Use.  But even though you don't may much attention to this, website visitors, privacy advocates and government agencies do pay attention.

Over the next couple of weeks, we are going to look at what you need to do to make sure you are compliant.

Facebook was targeted twice in 2009; first in February when they changed thier Terms of Use and later when they introduced new privacy settings that the Electronic privacy Information Center charges will "violate user expectations, diminish user privacy, and contradict Facebook's own representations."   More recently the Federal Trade Commission launched a series of roundtable events to debate online privacy regulation, and flexed their muscle with the "FTC Guides Concerning the Use of Endoresements and Testimonials in Advertising."

So, which legal documents does a website need and how do these documents relate to marketing efforts?  Internet attorney and DigiContracts.com founder Chip Cooper says there are two legal documents that every online business should have.  They are a Legal Notice page and Terms of Use to protect your property rights (copyright, trademark and patent) and limit liability.  The Terms of Use also discloses important marketing-related activities and relationships between you, your advertisers and visitors.

If visitors can contribute information to your site, it should also describe who "owns" posted material, and contain liability protection via a special Digital Millennium Copyright Act (DMCA) Notice.

Next week we will look at other needed documentation.