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Results: 1-10 of 113

Early termination fee in contract for internet access not an invalid liquidated damages clause under California law

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled

CDA Section 230 protects online business review site from liability for refusing to remove negative reviews

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, a district court ruled

Forum selection clause specifying state court venue operated as waiver of federal forum for claims under ECPA

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled

Adverse effect for CAN-SPAM standing shown by cost of processing spam e-mails

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An ISP that had less than 1,000 customers for its Internet access and e-mail services established standing under the federal CAN-SPAM Act with evidence that it received 200,000 spam e-mails a day, that it spent $3,000 a month in fees to process the e-mails, and that it experienced occasional network slowdowns as a result of spam traffic, a district court ruled

Online clickwrap agreement unenforceable where customer warned company that non-executives had no contractual authority

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A forum selection clause in an online clickwrap agreement is not enforceable against a customer that warned the Web site owner that it would not assent to such agreements, and that the customer's employees who accessed the site were not authorized to enter agreements on the customer's behalf, a district court ruled

Despite liability disclaimer, domain name registrar may be liable for social engineering hack of domain name

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A domain name registrar may be liable for damages sustained by a search engine as a result of a social engineering exploit that enabled a hacker to obtain control of the search engine's domain name and redirect traffic to the hacker's political site, a district court ruled

CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals court ruled

No CDA 230 protection for online booksellers for internet sale of book

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled

Notice of past infringements on online photo site does not obligate operator to proactively screen site

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

An online photo-sharing site does not have a duty to search its site for material that infringes an artist's works, even if it has received past notices of infringement of the same works from the artist, a district court ruled

New York Insurance Department opinion controls validity of electronic signature on clickwrap insurance application

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The New York State Insurance Department may impose a requirement that an insurance company verify the identity of a person providing an electronic signature on an online application for insurance, notwithstanding the less restrictive definition of an electronic signature in the New York Electronic Signatures and Records Act, a district court ruled