Internet based businesses are our specialty. Below are just a few of the many areas in which we counsel in.
End User Licensing Agreement.
An End User Licensing Agreement (EULA) is typically provided for when software code changes hands, such as for installable software on a user machine, or for an installable application used in connection with a larger SaaS platform. The main purpose of a EULA is to preserve your copyright in that downloaded or transferred code, and set forth acceptable terms and limitations for its use.
Terms of Service.
A pure SaaS product generally only requires a Terms of Service Agreement (ToS), which provides rules for the users of the service regarding their allowed use of the service. Provisions may also include some cover, such as disclaimers against service outages, indemnity of the service from liability, a termination at will provision, and others, depending on the type of service offerings.
Service Level Agreement.
A Service Level Agreement (SLA) is generally more common in enterprise platform offerings, and generally provides particular time frames for fixing errors, and for ensuring minimum performance standards, rather than using blanket disclaimers and no warranty clauses. Compared to a ToS, a SLA is usually a more sophisticated document directed to attract and retain paying, enterprise-level clients, who may require a higher degree of certainty and warranties in the product offering.
DMCA Safe Harbor.
The Digital Millennium Copyright Act (DMCA), at 17 U.S.C. § 512, provides limitations on copyright infringement liability for "service providers", so long as certain requirements are met. In other words, if a website or SaaS application includes user generated content, additional provisions are required to provide cover from certain intellectual property concerns related to the user generated content, and a DMCA agent registration with the US Copyright Office is strongly recommended.
CDA 230 Protection.
The Communication Decency Act (CDA), at 47 U.S.C. § 230, provides general immunity to a range of "interactive computer service providers" from the content published by others, such as the service provider's users. The Section 230 immunity however, is not absolute, and two critical exceptions include federal criminal liability, and intellectual property claims.
Domain Name Disputes.
A trademark owner may initiate a claim under the Uniform Dispute Resolution Policy (UDRP) or the Anticybersquatting Consumer Protection Act (ACPA), in order to recover a domain name identitical to or confusingly similar to a trademark. While the UDRP provides a more efficient way of obtaining an improperly registered or unused domain name for a trademark owner, the ACPA may offer additional remedies, besides the mere cancellation or transfer of the domain name itself.