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iberlian
07-26-2010, 10:49 AM
Hello we are starting at online directory of niche doctors. We will have third party content giving relevant health news. What essential legal documents are needed to start this directory (i.e. privacy policy, TOS, etc...)? Any help or direction would be amazing! Thank you.

vangogh
07-27-2010, 12:08 AM
Hi iberlian. Welcome to the forum. This isn't my area of expertise, but I'll try to toss out some ideas. I'm also posting just so this thread rises to the top of the new posts list and hopefully gains the attention of others who would know more.

I don't think a privacy policy or even terms of service are legally binding, though I think you should have both. From my understanding neither has been tested in court and I think many experts would say they wouldn't really hold up. Again I'm not an expert. More my opinion and things I've read.

It sounds like the only place you could even conceivably get in trouble is with the health news if it makes recommendations. I think you'd be fine if you make it clear you're not giving out medical advice and that the information on your site is just that, information. Have a look at the WebMD site. At the very bottom they say


WebMD does not provide medical advice, diagnosis or treatment.

and then they link to this page (http://www.webmd.com/about-webmd-policies/additional-info), which says the same in more detail. They do offer a very detailed privacy policy and a very detailed TOS and make you check that you've read and agreed to both before being able to register. I'd probably follow their lead, just in case both would hold up in court. They might. I really don't know.

Hopefully someone who knows more about this will follow with some thoughts.

Harold Mansfield
07-27-2010, 01:37 PM
Hello we are starting at online directory of niche doctors. We will have third party content giving relevant health news. What essential legal documents are needed to start this directory (i.e. privacy policy, TOS, etc...)? Any help or direction would be amazing! Thank you.

Any legal documents and licenses that you need are going to be the same as starting any other business. You don't need any specific licenses to start a web directory or any other kind of website.
Privacy Policies and Terms of Services are more for end users..your readers..than they are for contributors...that is an agreement that you would draft separately. Personally, I have 2 websites that received submitted press and promotions and I have no agreements with anyone. It is assumed that they are making submissions with the expectation of them being published.

Copyright is assumed on your original content, but you may want to trademark your brand....slogans, and logo.

As far as advertising on the directory, you really only need a SSN to sign up for the various ad services and affiliate programs, or you can sign up as a business using your businesses info.
For private advertising, its a simple as creating your own terms and billing accordingly. Assuming you have your other business info in order you can bill as your business entity or as a personal website..it really doesn't matter, that is more about how you have your business set up than having to do with anything about the web.

Other than that, the same general rules apply as any other website. Only use content that you have created yourself, purchased, or have permission to use.