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How do I fill up this DMCA paper that protects my site?

New York, NY |

Background: I'm a college student that owns websites(hosted in us) in Lebanon. I do not have a registered business nor a business name.

Here are the issues with the form:
+ Full Legal Name of Service Provider: my_real_name ... Is it okay to use your real name?
+ Address of Service Provider: Street St., Building Bldg., Beirut, Lebanon. We do not have PO Boxes in Lebanon? Is that okay?
+ Name of Agent Designated to Receive Notification: my_real_name... I can't afford right now an agent, is that okay?
+Address of Designated Agent to which Notification Should be sent: PO Box of my college where I receive letters, is that okay?
Signature of Officer or Representative of the Designating Service Provider:mine
Typed or Printed Name and Title: also mine.

Attorney Answers 2


You need to consult with a copyright lawyer to have your DMCA policy properly done. Avvo is for finding that lawyer, not for getting specific instructions for free on how to fill out your specific form.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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Besides the DMCA notice, there is much you need to know when you run a business in the U.S.

Further, your web will need written legal policies. I suggest you do not attempt to write your own legal policies. This is not where your training and background lie, and though you are probably as smart as an attorney, you do not have their experience.

Below is a checklist for legal issues I use for new e-commerce clients.

1. Business Model – Is your idea viable as a web based business?

2. Business entity - Are you going to be a C corp, a sub-S, an LLC or a sole proprietorship?

3. Terms of Service - This is your contract with your visitors and is the most important item for any e-commerce site. A little work here brings big dividends in the future.

4. Privacy Policy - Every e-commerce site needs a privacy policy!

5. FTC guidelines - The FTC has been regulating business advertising for almost a century. All of their advertising guidelines apply to e-commerce sites.

6. Domain Name issues? Is your name available. Can you create a Trademark?

7. Trademark - Do you have a brand name free from conflict? Should you start with just common law rights? Should you register the mark, and when?

8. Copyright - If it is on the web, it already belongs to somebody. Did you buy a license for the images you are using?

9. Do you need a DMCA policy?

10. Web Site security issues?

11. Do you need and have an EIN? You can get that for free.

12. Do you need an arbitration clause?

13. Do you have employees? - If so you need written policies regarding their authority and use of the internet.

14. Do you know the difference between a "browser wrap" and a "click wrap" and which do you need?

15. Are you abiding by the Child's Online Privacy Protection Act (COPPA)rules?

When I discuss this list with clients other issues arise. Finally, I always discuss with my clients their need for good accounting services. An accountant's advice as you start up can save you many dollars in tax that you might not save if you wait to speak to an accountant until your first tax return is due.

I hope this list will give you pause to think about those issues for which you might need to seek professional advice.

You may want to discuss your situation with a lawyer in more detail. Most lawyers on Avvo, including myself, offer a free phone consultation. I also skype by appointment.

This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

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