Visitor privacy for websites.
Put it all in the contract.
Do you have
a topic for Client NEWSPAGE to cover?
Code Scripts ...
You name it, we'll advise you on what, when, how, or
email us ...
down time: 7-23-2012:
11:13.08 - 0:04 min.
FORWARDED EMAIL: It has come to our attention that an
account [ several really] from a client's server has
a mail forwarder setup which is relaying and forwarding mail
to a major email host. It's a fact, email addresses hosted
on our servers will inevitably receive some form of spam
The email forwarder causes every server we have problems
when they "Block" those spam messages. The email that
reached the client on the email host system was sent [
technically] from the client's domain. The receiving
email host looks at the "Blocked" sender and may create a
filter against that domain, or simply blacklist the domain.
At this point our client has effectively Blacklisted their
Own domain. They have also Blacklisted other domains using
the same base IP Addresses.
ESPECIALLY AOL USERS; When using forwarders on our
system, please DO NOT USE the "REPORT SPAM" feature when you
get Spam email, as this will only report yourself (your
AIMwebs Server account) as spamming and cause issues for
AIMwebs and you. If clients continue to Block email and
cause multiple blacklisting issues, we will disable their
mail forwarder and advise them it will stay locked until
they clear the blacklisting with their email hosting
EMAIL - This is important. You're aware that we know
your email addresses, all of them, but we can't and
don't,know any of the passwords. Each site owner, or the
webmaster, needs to setup all their email accounts. Email
links on your webpages are still on those pages. Forwarded
email goes to your chosen provider.
Using the CPanel is easy. The new CPanel is not much
different, it just has all the extra functions that we've
added. The statistics services are the same great ones, so
if you like AWStats we still have them, and if you haven't
looked, give them a try. We'll also be announcing some other
new services during August. For management tools for Cpanel,
go to: http://www.cpanel.net/.
The servers are the newest Linux servers. Because they are
UNIX systems, you can't use any capital letters in
filenames, folders, image names or have any blank spaces in
the names. When you look at your pages, and an image may not
show, the odds are it has a name that doesnt meet the
UNIX standards. Check the image name or file name and see if
thats the problem, before you call us. We try to
correct the obvious file-name errors, but we cant
catch them all.
This is a major project and has involved the efforts of all
our AIMwebs staff. If you have questions, please call and
leave a message, or email
IS THE LAW
Legal alert: A
new law on website privacy policies.
A new California statute establishes minimum requirements
for privacy policies of commercial websites. Effective July
1, 2004, the California law requires an operator of a
commercial website that collects "personally identifiable
information" (such as e-mail addresses) about consumers
located in California to address certain matters in its
policy. In addition to website operators headquartered in
California, companies doing business nationwide, and their
legal counsel, should consider their website privacy
policies as they relate to the new statute. There is a
chance that the California attorney general could attempt to
enforce the new statute against national operators to the
extent that California consumers are affected by such
operators' violation of the statute.
Required Elements of a
- The new statute,
entitled the Online Privacy Protection Act (OPPA), states
service must do the following:
- Identify the categories
of personally identifiable information (defined below)
that the operator collects through the website or online
service about individual consumers who use or visit its
commercial website or online service, and the categories
of third-party persons or entities with whom the operator
may share that personally identifiable information.
- Describe the process, if
any, that is maintained by the operator for an individual
consumer who uses or visits its commercial website or
online service to review and request changes to any of
his or her personally identifiable information that is
collected through the website or online service.
- Describe the process by
which the operator notifies consumers who use or visit
its commercial website or online service of material
or online service.
- Identify the policy's
OPPA defines "personally
identifiable information" as (a) a first and last name; (b)
a home or other physical address, including street name and
name of a city or town; (c) an e-mail address; (d) a
telephone number; (e) a social security number; (f) any
other identifier that permits the physical or online
contacting of a specific individual; (g) information
concerning a user that the website or online service
collects online from the user and maintains in personally
identifiable form in combination with an identifier
OPPA defines the term
"operator" as any person or entity that owns a commercial
website or online service that collects the personally
identifiable information of consumers residing in California
from such consumers using or visiting the site or service.
The statute defines the term
"consumer" as any individual who seeks or acquires, by
purchase or lease, any goods, services, money or credit for
personal, family or household purposes.
Under OPPA, an operator of a
commercial website must "conspicuously post" its privacy
policy on the website. To "conspicuously post" would include
- A webpage on which the
homepage or first significant page after entering the
- An icon that hyperlinks
posted, if the icon is located on the homepage or the
first significant page after entering the website, and if
the icon contains the word "privacy." The icon would also
use a color that contrasts with the background color of
the webpage or is otherwise distinguishable.
- A text link that
hyperlinks to a webpage on which the actual privacy
policy is posted, if the text link is located on the
homepage or first significant page after entering the
website, and if the text link does one of the following:
(a) includes the word "privacy;" (b) is written in
capital letters equal to or greater in size than the
surrounding text; (c) is written in larger type than the
surrounding text, or in contrasting type, font or color
to the surrounding text of the same size, or set off from
the surrounding text of the same size by symbols or other
marks that call attention to the language.
- Any other functional
hyperlink that is so displayed that a reasonable person
would notice it.
- In the case of an online
service, any other reasonably accessible means of making
The statute provides that an
operator will only be in violation of the obligation to post
days after being notified of non-compliance. An operator
will be in violation of OPPA's key provisions if it fails to
comply with such provisions (or with the provisions of the
negligently and materially.
The actual consequences of
OPPA (including the courts' reception to enforcing the
statute nationally) remain to be seen, but one California
official has been reported as stating that the California
attorney general could seek to bring actions on behalf of
aggrieved consumers under California law that might result
in fines or injunctions.
As noted above, the statute
should be consulted in connection with an individual
is Cal. Bus. & Prof. Code § 22575-22579.
article was written by John A. Gliedman with the law firm of
Brown Raysman Millstein Felder & Steiner LLP. He
specializes in IT and business process services agreements
as well as intellectual property licensing. He may be
reached at email@example.com.