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New internet startup needs advice

Boston, MA |

I am looking to create a new internet business. The nature of the business will be a blog about orthodontist procedures. Such as the different types of braces describing the pros and cons of each. The main audience will be people which are thinking about going for orthodonture treatment. For the site to earn revenues I plan on selling ad space to orthodontists within the local area. The site would be targeted towards a given state such as Texas for example. The domain would be something like texas-orthdontist.com Is there any problem with that domain name? Other orthodontists in Texas would pay a monthly fee to advertise on my site. I would have a banner ad for them on my site saying they are the “featured” orthodontist within the state of Texas. In addition I would have a terms of use and a disclaimer on the site. Furthermore I will be setting up an S corporation as well. Is there any other steps I can take to reduce legal liability? Any advice is appreciated.

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Attorney answers 4

Posted

My advice is to stop posting versions of the same question here and retain your own lawyer.

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Posted

One issue that will come up is whether your site crosses the boundary from providing information about orthodontist procedures to giving advice about orthodontic procedures. I strongly advise you to discuss your site with an attorney before you put it up, and consider a procedure to vet content.

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Asker

Posted

I understand you comment. However if I am providing this information what type else should I do besides a terms of use and a disclaimer.

Konrad V. Sherinian

Konrad V. Sherinian

Posted

There is not much else I can say aside from (1) get a good business owner's policy that covers advertising injury, and (2) consult with a skilled attorney in Massachusetts. I understand that you may not want to spend the money, but the consultation will probably cost you less than $3,000 - if you do not have that to spend on an attorney, then you probably do not have enough money to cover the other necessary expenses for your business, and you should consider a different use of your time.

Posted

Create a corporation to protect yourself from personal liability. I do not understand your question about the domain name itself. And finally, I would highly recommend that you stop posting the details of your business idea, as I could turn around right now, retain a web designer's services and start this exact business. I would highly suggest you delete these posts. Good luck!

Posted

Your best and easiest step to reduce legal liability would be to contact a good business attorney - there are so many potential pitfalls here that you really need to be very careful. If this is anything more than a hobby, you should approach it as a business and spend the money to get good advice tailored to your specific situation, including from an accountant. E.g., will you have to register to do business in Texas and pay taxes there? Do you want to subject yourself to the jurisdiction of Texas courts? A reminder - corporate form helps protect you against contract liability- but if you personally commit a tortious act, you're still likely to be on the hook (think "insurance"). Good luck!

Asker

Posted

I have an an existing S corporation that is already filled in the state of NY. Can that be the new owner of the blog?