Cover Your Arse Online: A Guide To Protecting Your Online Business Assets

By Jeanette Jifkins

The online world is fraught with danger.If you’re about to create a website and launch your business online, you need to be aware of the risks and pitfalls that lie in wait.

It’s not uncommon for ill-advised business owners to lose everything simply by being unaware of certain legal issues.Here’s the blueprint that will not only cover your arse, but quite possible save your arse too.

Easy to read and understand, it will give you an insight into those tricky legal aspects you didn’t even know existed.Find out how your particular business might be at risk, and what you can do to safeguard and protect it in a variety of situations.

Get practical advice on the basics of setting up a secure, stable website and learn how to avoid trouble right from the outset.

Don’t miss out. The advice offered in Cover Your Arse Online will prove to be an invaluable resource for the safety and well-being of your business.

• Language: English
• Publisher: Jeanette Jifkins
• Release date: Aug 31, 2016
• ISBN: 9781370091584

Jeanette Jifkins

Legal disputes concerning website content, advertising and privacy are on the increase. Nobody knows this better than lawyer Jeanette Jifkins, who has helped over 1000 clients protect their businesses from court action. When it comes to legal issues in the online world, Jeanette is the go-to expert. She's been working with people in the digital space since 2010 and operates a variety of legal websites with her husband, giving her keen insight into the many online problems facing business owners. She enjoys thinking through problems looking for workable and practical solutions, and loves writing contracts. With a bachelor’s degree, a Masters with a focus on international business and a graduate diploma in legal practice, she is more than well-qualified. But she also has 18 years worth of experience to offer, having worked in a variety of law firms as well as inside business, as general counsel. She currently runs her own legal practice and consultancy. Many people have commented on the fact that Jeanette is a far cry from your average lawyer. She’s open, approachable and easy to talk to. And so it comes as no surprise that her book is written in plain, easy-to-understand language with clear explanations and practical solutions. Having seen the effects of legal action against unsuspecting and unprepared businesses, Jeanette is well aware of the catastrophic consequences that can result, as her book will testify. If you’d like to get in contact, you can find Jeanette at www.onyxonlinelaw.com.

Book preview

Cover Your Arse Online

Title

Copyright

Foreword

Introduction

Endorsements

About The Author

Chapter 1 - Getting Started

Domain Names

What is Website Hosting?

Cloud Systems

Security and Backups

Chapter 2 – Copyright – Using Images, Video and Music Online

Copyright Basics

Top 3 Legal Mistakes in Creating Website Content

Letters of Demand

Digital Millennium Copyright Act (DMCA)

Chapter 3 – Protecting Your Online Content

What is Intellectual Property?

What You Need to Know About Protecting Your Ideas

5 Ways To Protect Your Ideas

Trade Mark Protection

Automated Content Creation

Chapter 4 – Digital Marketing

Marketing in the Information Age

Key Legal Concerns for Digital Marketing

Using Testimonials

Your Consumer Protection Obligations

Email Marketing and Communications

Online Sales and E-commerce

Chapter 5 - Working with Others Online

Having Other People Create Content for You

If you outsource or get a contractor, who owns the content?

Affiliate Marketing

Paying for referrals

Getting in front of someone else’s audience

Advertising

Chapter 6 - Social Media

Social Media

Defamation in Social Media

Vilification in Social Media

Discrimination in Social Media

Bullying and Harassment on Social Media

Privacy and confidentiality in Social Media

Copyright and Trademarks on Social Media

Misleading and Deceptive Conduct in Social Media

Social Media in Courts

Chapter 7 - Privacy and Data Protection

Privacy and Data Protection

Your Privacy Obligations in Business

Data Protection

Chapter 8 - Accessibility and Discrimination

Being Accessible

Chapter 9 – Why You Should Have Terms and Conditions for Your Website

Why You Should Have Terms and Conditions for Your Website

Governing Law

Right to remove people

Avoiding disputes

Working Out What Legal Forms You Need

Disclaimers

Types of Disclaimers

Chapter 10 – Contracts

Contract basics

Standard Form Contracts – Do You Need One?

What’s the best template?

Contracting with Web Developers

How to read a contract

Chapter 11 – Business Structures

Business Structures

Choosing a Structure

Keeping Hold of Your Business

Chapter 12 – Risk Management

Risk management basics

Insurance

Other controls

Reduce Your Legal Risk

Chapter 13 – Dispute Resolution for Online Business

Dispute Resolution for Online Business

What to do when a client won’t pay

Resolving problems with a supplier or joint venture partner

Negotiation

Mediation

Arbitration

Expert determinations

Online dispute resolution systems

Going to court

Chapter 14 – Wrap Up

Choosing a Lawyer

Your Legal Costs Budget

Guide

Cover

toc

Title

Title

Cover Your Arse Online

A Guide To Protecting Your Online Business Assets

By Jeanette Jifkins LLB LLM GDLP

Copyright

Cover Your Arse Online

Copyright © 2016 by Jeanette Jifkins All rights reserved 

No part of this publication may be reproduced, distributed or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the author, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.

For permission requests, write to the author, addressed Attention: Permissions Coordinator, at the address below.

Disclaimer: This book is sold on the understanding that the author and publisher are not responsible for the results of any actions taken on the basis of information found in this publication. You should obtain advice from a qualified professional about your specific circumstances. This publication is designed to help you work out when you might need that advice. The author and publisher expressly disclaim all and any liability and responsibility to any person, reader or purchaser of this book, for the consequences of anything done or not done by that person in reliance upon the information in this book. The law changes and the online world evolves rapidly. The author and publisher are not responsible for any error or omission in the publication. Additional resources available through the website will be updated more readily that this publication.

LinkenIn:   https://au.linkedin.com/in/jeanettejifkins

Author Website:  www.coveryourarseonline.com 

Email:    [e-mail]

1st Edition 2016 

First Published 2016 for Jeanette Jifkins by Evolve Global Publishing

PO Box 327 Stanhope Gardens NSW 2768 

[e-mail]        

www.evolveglobalpublishing.com

Book Layout: © 2016 Evolve Global Publishing

ISBN: (Paperback) 978-1-68419-629-6

ISBN-13: (Createspace) 978-1536838091

ISBN-10: (Createspace) 1536838098 

ISBN: (Smashwords) 9781370091584

ASIN: (Amazon Kindle)  B01IMVI93S

This book is available on Kobo and Apple iBooks (digital)

Foreword

Currently around the globe, companies, and even Governments, are struggling to keep up with the ever-changing world of digital business and E-commerce. 

When it comes to creating an online income or taking your traditional business to the internet, it's never been more important to make sure you are compliant with the needs of the digital commerce world.

Traditional business thinking will only get you so far in the digital world, and then you need to recognise that what you thought you knew, just might not apply to the online world.

Jeanette has become a specialist in helping people cross this potential mine field by becoming an expert on the requirements of meeting your legal obligations online. Capped with the fact that she can also help you protect your interests, giving you the space and ability to do what you do best, knowing your best interests are taken care of.

Having been in the online space since 2006 I've had a number of challenges including copyright theft of writing as well as images, Trading Name legal challenges, and Trade Mark violations, to name a few. Thankfully, having received the right advice, I was able to handle these challenges and come out on top every time.

All of these challenges can be overcome simply and easily, if you follow the correct steps as outlined by Jeanette in this leading edge book and in the next level strategies she can do for you. As an online marketer; using strategies ranging from email marketing, affiliate marketing to employing customer testimonials, you need to make sure what you do has an impact, while balancing the correct protection your digital asset may need.

This new digital frontier can be daunting and exciting at the same time, and if you're ready for the challenge, it's a highly worthwhile one. 

Follow the advice shared in this fantastic, comprehensive, yet simple to follow book, and you'll be glad you invested your time, money and energy into reading it.

To your Success

Matthew Clarkson

eBay Expert, Author, International Speaker

www.EasyHomeBusiness.com.au

Introduction

DON’T KNOW WHAT YOU DON’T KNOW?

Any business that is looking for new customers needs to understand the Internet and how to market their goods or services through it.

Eric Lefkofsky

No one uses yellow pages anymore. If you want to find anything, you just search online. So if you are one of the 78% of Australian businesses, 56% of US businesses or 68% of UK businesses not already online, you are missing a lot of customers.

Just think about your own behaviour.

The last time you wanted to find a new mobile phone, what did you do? You search online for features and plans before heading down to your local supplier to really see what it looks and feels like. We do the same with vehicles, household items, and even education.

Loads of retailers are now enabling people to buy online and pick up in-store, adapting to online shopping habits really well. They still provide the option of delivery, but they have anticipated that you’d rather collect your new item straight away than wait a week. 

So what’s stopping you getting online?

This book has been designed to alert you to the risks you might not really understand, help you get your business online, explain the key concepts in a practical way to give you peace of mind and cover off the legal issues that might otherwise be holding you back.

You might have heard some horror stories. Things like…

Trade mark disputes, where an enterprising couple spent six month developing and investing in products and branding. Three weeks prior to launch they made their shiny new website live and immediately received a legal letter of demand to take it down due to trade mark breach. Unfortunately, they didn’t go through the simple step of checking for competing or potentially competing businesses. We’ll show you how.

You might have come across stories about companies that have been hacked and had to pay a ransom (Crypto-lock or Ransomware) to get access to their website and make it visible and accessible to the public again. Although the implications are legal, the set up to protect yourself is mostly technical, and we’ll give you some tips there too.

An increasing number of people are receiving letters of demand in the mail asking for take down and then payment for copyright material. These demands should not be ignored! Yes, there are some really low-risk situations where you can take down the offending content (writing, image, video, audio), apologise and move on, but in some cases, you may need to negotiate more carefully to avoid a court action.

Other problems arise more indirectly and are about the way you do business. People who sell products have specific consumer protection laws to comply with, and once you understand those rules, compliance is pretty straightforward. However, if you are a service provider you have the challenge of making sure that both you and your client understand what you can and cannot do for them.

We’ve developed a legal system that provides ample opportunity for people to abdicate any responsibility for their own actions and blame others if they can. This leads to higher professional indemnity insurance premiums and ‘he said, she said’ arguments. If you have a clear service agreement in place, lots of disputes can be avoided. The challenge with a service agreement is to make it logical, easy for you and your client to understand and relevant to your business, not copied and pasted from someone else. 

And for ease of understanding, this book has been produced with you in mind. You won’t find a whole lot of references to cases or legislation.  Specific examples and case studies are based mainly on Australian examples, but the areas of law you are reviewing are fairly consistent around the world. No matter what country you live in, the principles described in this book will have some application to your online business. 

The object of this book is to help you recognise where there might be risks to your business, and then to be able to make an informed decision about what you can do to protect it. You will need to talk to a lawyer in your country who understands the online space to get specific advice relevant to your business. This book helps you to ask the right questions and provides context for the answers.

Endorsements

I found this book to be a surprisingly easy read - really important for business people. I enjoyed the specific examples coming from Jeanette's own experience that emphasised the point and made it easier to relate to. The advice on trade marks was quite timely for me as my Diploma of Business clients had to research that information during their studies. I'm glad to find such a useful book that I can confidently share with the business people I work with.

David Green

Business Coach

ActionCOACH

www.actioncoachnorthbrisbane.com.au

Wow, a legal guide that makes sense, is a joy to read, and helps a small business owner navigate the minefield of running a small business. Jeanette nailed it. A must read!

Suzanne O’Shea

Owner, SOS HR Services

http://www.soshrservices.com.au

This book is very comprehensive in an area where I have had to learn to correct errors by experience! A new person to the field of using the internet for their business would be well advised to read this book and be guided by this very practical advice. Having been on the internet with websites and blogs for 15 years, this advice back then would have saved me considerable angst, time and some money, let alone an enormous waste of time and energy. I lost my original website .com through a silly forgetting to renew my registration on time!

William MacLean         

Corporate Finance and Wealth Strategist, MacLean Finance

www.macleanfinance.com.au

What some may call a boring subject, written in a clear and entertaining way, providing all the tools and facts you need to have a safe and legal online business.

Piemur Thomson

Project Management Student

Cover Your Arse Online is a must-read for anyone in online business. I have had an online business for 3 years, and WOW, am I behind the times already. Make sure you are ticking your boxes, there's so much valuable information whether you are starting out, already established, or even just thinking about a website business. Thanks Jeanette you have opened my eyes! Don't start without it, don't continue without it!

Trish Hammond

CEO & Founder, Plastic Surgery Hub

http://www.plasticsurgeryhub.com.au/

Informative, exceptional advice and guidance for anyone getting online for business or even personally. Recommend to all my clients as a mandatory resource.

Phil Sealy

CEO Pro Leaders Academy

http://proleadersacademy.com.au/

I am really impressed with how simple yet comprehensive this book is. I knew most of this but I still got a couple of valuable reminders about some actions I must take.

Tracey Gilmartin

Manager, Y Marketing

http://ymarketing.com.au/

Cover Your Arse Online is a user-friendly and essential guide for any business with an online presence, whether a local start-up or well-established global entity. I found the sections on the obligation for web-accessibility for disabled users, the dangers of cut & paste conditions, and how to limit liability for viruses and malware passed through your website particularly useful.

Sue Lester Mindset Coach,

Growing Content www.growingcontent.com.au/

As professional website investors, we know the importance of protecting our online assets and this book is essential reading if you own a website, or about are to invest in one! Jeanette has been sharing this important knowledge at our digital marketing conferences for many years, and her greatest skill is breaking down the complexity and confusion of law into a simple, easy to understand guide so you can protect your wealth and business. There is many thousands of dollars worth of legal knowledge here, and it could save you millions.

Matt and Liz Raad

Website Investors and Educators 

mattandlizraad.com

About The Author

What do lawyers learn in law school? They learn to win... What we've got to start thinking about is ‘How do we solve problems?’

Ben Carson

Being a lawyer isn’t the same as being a police officer. We don’t go around prosecuting people for doing things wrong, we either work to create