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Should a SaaS based Startup be needed to register or licensed?

New York, NY |


I am planning to launch a Startup. It would be a SaaS solution to allow Individuals or businesses to create Websites just like creating blogs on blogspot or any other service.

We will be operating from India and our services would be global. We are expecting most of the orders from US and European countries. I just worry that If I need to register it.

Also is it important to incorporate in US? Could any one answer me?

Attorney Answers 2


Are You Planning on Opening a New E-Commerce Website?

There is much you need to know as you begin your new business. 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 offer a free phone consultation.

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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Sir, I believe your message doesn't answers my question. It is much like a standard copy and paste message like many of yours. I just googled with first few lines of your message and there are hundreds of result with the same Copied message. I am not sure about Avvo, but on any other question and answers site, this kind of duplicated and unrelated answers cannot be accepted.



Please go through the terms and conditions here- I am sure that the answer violates some of the play nice rules.

Andrew Mark Jaffe

Andrew Mark Jaffe


Dear Asker, I am sorry if you feel I did not help you get a beter understanding of your problem. I did not answer your three specific questions as I felt the answers would be useless in a vacuum. As I tried to point out, there is much more to starting an e-commerce site than the three questions you asked -- I tried to show you all the steps you would need to take to get your new e-commerce business off the ground. Finally, it is not the responsibility of lawyers on avvo to read specific legal policies and give you an answer that fits your needs. It is our mission to give answers to general questions that relate to all visitors. Reviewing specific issues is something you need to hire a lawyer to do for you.



When I search internet with the first few lines of your answer, I did find a 50 answers and a few blog posts with the exact 15 points including the last three paragraphs of the answer. I see that it is just copied from your other answer. Generally, such responses are not considered as real answers. That is just a general community policy that any one follow. I don't know why it is a fair policy on Why would some one expect an exact copy of answer which is available else where? It is better not to post when it is already available elsewhere. It's a simple ethic not to copy/paste same answer. Just leave unanswered if you ever want to lift from another answer.



The policies page I linked( is of Terms and conditions of Avvo. I never requested to read legal policies to answer me. I requested you to read that terms and conditions because your answer doesn't comply with Avvo's terms. I wonder that you are not aware of the terms and conditions of Avvo yet.



If you want to be a member of Avvo, you need to follow some basic guidelines and policies which I linked. I wonder why a lawyer like you don't follow them.


Where would your servers be located? Based on the information you provided so far you can incorporate in India and provide services to the US.

The answers provided are of a general nature and are not intended to be final or complete answers of any individual's legal questions. Other facts not considered may change the analysis or outcome. Do not rely on information presented herein to address your individual legal concerns. Your receipt of information from this website does not create an attorney-client relationship and the legal privileges inherent therein. If you have a legal question, you should consult an attorney experienced in that area of the law. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you hire an attorney, you should request information about the attorney's qualifications and experiences. We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area. NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum.

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The server location would be a DC(Data Center) in US. (I am unsure if the location of server matter legally) Like several other Startups and some Indian Startups like, I am looking at the option to incorporate in US.

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