$100,000 Penalty for Linking to a Site?

41 replies
I just came across legal terms for a website stating that anyone hyperlinking to the site, or even mentioning the url, must pay liquidated damages of $100,000 plus actual damages plus attorney's fees.

Two important things here:

1. Obviously unenforceable.

2. Someone could mention the url or hyperlink to it, and then file a lawsuit to have the legal term and claimed damages declared invalid.

Since attorney's fees causes are often made reciprocal by law, that means this website owner not only doesn't collect $100K, he gets to pay thousands of dollars to someone's attorney.

Lessons:

1. Pay attention to your legal terms. This isn't a situation where there is no potential harm for over-reaching.

2. Don't get funny or cute with your legal terms.
#$100 #linking #penalty #site
  • Profile picture of the author Dan C. Rinnert
    Originally Posted by kindsvater View Post

    I just came across legal terms for a website stating that anyone hyperlinking to the site, or even mentioning the url, must pay liquidated damages of $100,000 plus actual damages plus attorney's fees.
    Why do they even have a website then?
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    • Profile picture of the author BudgetSEO
      Originally Posted by Dan C. Rinnert View Post

      Why do they even have a website then?
      Finding people linking to them so they can extort money :p
      Think creative
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      • Profile picture of the author Dan C. Rinnert
        Originally Posted by BudgetSEO View Post

        Finding people linking to them so they can extort money :p
        Think creative
        And hope none of the people they try to extort are, or have friends or relatives who are, lawyers.
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        • Profile picture of the author BudgetSEO
          Originally Posted by Dan C. Rinnert View Post

          And hope none of the people they try to extort are, or have friends or relatives who are, lawyers.
          Still you'd loose the case~
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          • Profile picture of the author GlobalTrader
            Probably a new lawyer looking to build up his coffers and reputation.
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            GlobalTrader

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            • Profile picture of the author Shannon Herod
              That's absolutely crazy. I cannot believe that would actually be in terms of service?
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          • Profile picture of the author Richard Van
            Originally Posted by BudgetSEO View Post

            Still you'd loose the case~
            Erm how exactly? You did read the OP didn't you?
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    • Profile picture of the author Gary King
      Originally Posted by Dan C. Rinnert View Post

      Why do they even have a website then?
      That was my question as well.

      Originally Posted by BudgetSEO View Post

      Finding people linking to them so they can extort money :p
      Think creative
      Guess you have the answer! It's insane really, but excellent points kindsvater - don't be cute and realize that legal issues are legal issues, not games.
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  • Profile picture of the author joshril
    Originally Posted by kindsvater View Post

    I just came across legal terms for a website stating that anyone hyperlinking to the site, or even mentioning the url, must pay liquidated damages of $100,000 plus actual damages plus attorney's fees.

    Two important things here:

    1. Obviously unenforceable.

    2. Someone could mention the url or hyperlink to it, and then file a lawsuit to have the legal term and claimed damages declared invalid.

    Since attorney's fees causes are often made reciprocal by law, that means this website owner not only doesn't collect $100K, he gets to pay thousands of dollars to someone's attorney.

    Lessons:

    1. Pay attention to your legal terms. This isn't a situation where there is no potential harm for over-reaching.

    2. Don't get funny or cute with your legal terms.
    Will you please share the link?
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  • Profile picture of the author adamgoss
    Rediculous!
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  • Profile picture of the author Caleb Spilchen
    LOL.

    There is more then one site doing this too

    Google

    One of the sites is just kindsvaters article tho
    Caleb
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    Canadian Expat Living in Medellin, Colombia

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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by Caleb Spilchen View Post

      LOL.

      There is more then one site doing this too

      Google

      One of the sites is just kindsvaters article tho
      Caleb
      I wonder if they are copy & pasting other people's TOS's or if this is a TOS that some site offers free somewhere.
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  • Profile picture of the author Matt Bard
    It's a reverse psychology trick aimed at the BlueFartters
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  • Profile picture of the author Caleb Spilchen
    Google

    It's gotta be given away somewhere..
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    • Profile picture of the author Genesis1
      it's unbelievable amount of money for such a trouble
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  • Profile picture of the author Caleb Spilchen
    Internet Law Compliance Terms of Use

    sorry I cant link..

    Cost ya $100 for that baby.
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by Caleb Spilchen View Post

      Internet Law Compliance Terms of Use

      Cost ya $100 for that baby.
      In the voice of George Takei: "OH. MY."
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      • Profile picture of the author Dan C. Rinnert
        By the way, Caleb, you owe that site $100,000 now.
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      • Profile picture of the author scoopy
        never mind i got my answer.
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by Caleb Spilchen View Post

      sorry I cant link..
      I wonder if Google got express written permission to link to their site?
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      • Profile picture of the author Dan C. Rinnert
        You know, here's the tricky thing.

        Seemingly, the source for that TOS is a website which appears to be a legal website.

        If kindsvater is correct in his assessment, then, judging by all the people who use this TOS, a lot of people have potentially put themselves at risk.

        But, they may have visited this site and figured they were in compliance by buying that TOS.

        So, I think this stresses the importance not only of having a lawyer do your legal terms, but carefully checking that lawyer out before hiring him or her.

        And it's just one more reason not to trust some generic form made available on a site somewhere.
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        • Profile picture of the author kindsvater
          Dan, thanks for sending me the link from where this junk is apparently originating.

          Here is another tip:

          If you see someone on a website with "J.D." next to their name it means they passed law school and obtained their juris doctorate.

          Whether or not they could be considered an "attorney" is debatable. But without an "Esq." it typically means they not authorized to practice law.

          Either they never passed the bar, never tried to pass, decided to be inactive, or maybe were disbarred. Who knows. But the important point is they are not practicing and obtaining through experience critical legal know-how.

          There are plenty of real attorneys having solid legal forms that will help protect your online business - not hurt it. Bob Silber and Mike Young come to mind. So there is no reason to risk your business with forms from anyone other than someone authorized to provide legal guidance.
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          • Profile picture of the author Dan C. Rinnert
            Originally Posted by kindsvater View Post

            Dan, thanks for sending me the link from where this junk is apparently originating.
            Caleb did the harder work of finding it.
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  • Profile picture of the author James Campbell
    Kind of want to buy one of those 5000 backlinks packages for them

    Just to see what happens.

    James
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  • Profile picture of the author JD Nunes
    Wow, actually, Shawn Casey - a former lawyer and famous Internet marketer - originally sold this legal form. I know, because I bought it from him. It doesn't say you can't LINK to the website that has those terms of use; it says you can't steal the intellectual property. It's to protect against copyright infringement, among other things. Obviously, affiliates are granted permission to use designated promo tools, which usually contain text that is similar or identical to what is on the sales letter.

    Correction: I clicked the Google search query and did find terms of use which prohibit hyperlinking. I mistook it for Shawn Casey's terms of use, which I have, and it doesn't mention hyperlinking, just the same $100,000 penalty. Just shows how you should always have a lawyer look over your stuff, before publishing it for the world to see.
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  • Profile picture of the author OpticalOut
    Haha, someone should:
    -xrumer or a mass linking tool. Create 1 million backlinks around the Internet
    -press release the fact that they are being stupid about linking - it will gain attention + more links

    It would be so funny to see their "don't link to me" plan back fire and cause a massive amount of links to their site.
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  • Profile picture of the author Imanimer
    LOL.. funny... it could be a reverse marketing tactic... like "don't download my product" or whatever. curious to know if it worked.
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  • Profile picture of the author Doran Peck
    doesn't it actually help the site rankings to have more links attached to it?

    If they hired an SEO guy to build backlinks...wouldnt they be breaking their own policy?
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  • Profile picture of the author jasonmorgan
    VIEWING, HYPERLINKING TO, CO-BRANDING, "FRAMING" AND REFERENCING THIS COMMENT IS STRICTLY PROHIBITED

    Unless expressly authorized by a Sock Puppet, no one may view this comment, hyperlink to this comment, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the content of this comment in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' this comment. You specifically agree to cooperate with the comment author to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of a bag of microwavable popcorn plus costs and actual damages for violating this provision.

    Pay up suckers
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  • That is by far the silliest thing I've heard today. Unless you have some sort of written contract it really is unenforceable. Plus you still have to prove damages. Also in the court of law a contract will not stand up if it is favored to one party, not to mention you actually have to sign and agree to the contract to make it a contract. If somebody actually make a claim like that, It must just be a scare off people unfamiliar with the law. Anyone that had been through a few lawsuits before will know that's total BS.pretty entertaining reading though...

    Originally Posted by kindsvater View Post

    I just came across legal terms for a website stating that anyone hyperlinking to the site, or even mentioning the url, must pay liquidated damages of $100,000 plus actual damages plus attorney's fees.

    Two important things here:

    1. Obviously unenforceable.

    2. Someone could mention the url or hyperlink to it, and then file a lawsuit to have the legal term and claimed damages declared invalid.

    Since attorney's fees causes are often made reciprocal by law, that means this website owner not only doesn't collect $100K, he gets to pay thousands of dollars to someone's attorney.

    Lessons:

    1. Pay attention to your legal terms. This isn't a situation where there is no potential harm for over-reaching.

    2. Don't get funny or cute with your legal terms.
    {{ DiscussionBoard.errors[3309468].message }}
    • Profile picture of the author Itachi
      thats fairly silly indeed , i have an idea , what if you make a TOS agree yes/no page before using a website , and in the TOS in small you say that if you visit this website you agree to pay 1000$..,could be even 100k ? aha
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  • Profile picture of the author DPWeb
    I don't think this would hold up in any court. That would be awful. Put that in your terms just to extort people? Doesn't that send up a red flag in your own mind. Why are there so many shady shades? Why do people feel the need to do that? I'll never understand it.
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    • Profile picture of the author foxlobo123
      ouch..100k?

      Try to be careful in doing these things
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  • Profile picture of the author hotftuna
    Does the site with that notice link to any other sites?

    What if they added that disclosure and turned it around on them? I'm sure that they would not be happy.
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  • Profile picture of the author CBSnooper
    Why don't they just change their TOS and say anyone visiting the site without proper permission has to pay $100,000...

    ;-)
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  • Profile picture of the author hashif16
    i think they are looking for a prey..we are making money with linkbuilding and they are.......
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  • Profile picture of the author Ruka
    These words are in the law package from Shawn Casey at Internet Law Compliance. Shawn Casey is a successful/well known Internet Marketer.
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  • Profile picture of the author Jack Duncan
    Kindsvater,
    Care to share the link to the original site...
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  • Profile picture of the author Michael Meaney
    Wonder what they would do to me if I tattooed their URL across my butt....
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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by kindsvater View Post

    I just came across legal terms for a website stating that anyone hyperlinking to the site, or even mentioning the url, must pay liquidated damages of $100,000 plus actual damages plus attorney's fees.
    So ... what's the url?
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