Legal Question in Technology Law in New York

I will be making web sites for companies in the adult market. For instance escort services ect... Also Individual escorts. Will I be held responsible if they do something wrong(illegal) or can this be solved with the escort service agreeing to my terms and conditions that say I will not make ads for companies that engage in illegal activies. If I can make web sites and be o.k. with correct terms and conditions please let me know and also I will need a lawyer to help me with terms and conditions.


Asked on 4/24/11, 4:38 pm

2 Answers from Attorneys

You may indeed be held responsible for their wrong doings. In order to protect yourself as much as possible, at least two sets of documents need to be considered.

First you will need a 'services agreement' that you will need to enter into with the website proprietor. The 'services agreement' will spell out the terms for the work you will be doing in developing and designing the site. It should also contain disclaimers and indemnifications from the site's proprietor to protect you in the event legal action is brought against the proprietor or against you.

Second, the website should also incorporate terms of use, have a privacy policy and feature prominent age and anti-solicitation disclaimers. Since you are the web developer/designer it will be your job to make sure that these disclaimers are properly posted on the website. Such disclaimers may also act to shield you from liability, so it's important that they are properly drafted and posted.

Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (at) TheLegalist (dot) com

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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

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Answered on 4/24/11, 7:20 pm
Michael Markowitz Michael A. Markowitz, PC

Although what Roman says may be true, if you conduct illegal or criminal activity no document will protect you. For an extreme example, if you prepare a web site that is used for escorts for minors, that is illegal and you will be held responsible notwithstanding any document drafted by Mr. Fischman.

Mike.

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Answered on 4/25/11, 5:45 am


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