Spanky, I'd pass this hot potato over to the group that sets policy for use
of your IT resources.  They should have a policy in regard to
responsibility for material on the website.  Any agreement you make with
this non-affiliated community-based organization should be required to
follow your institutional IT policies.  Your agreement might also require
some disclaimer on their home page.  It is between the people who set and
publish the IT policy and the attorney as to the risk the institution is
willing to take take in hosting that website, or others.

We have to make enough hard decisions in our jobs.  If the decision is
properly someone else's have them make it!

Chuck

At 01:14 PM 4/9/2003 -0500, you wrote:
>We have an agreement in process to host and maintain a website for a
>non-affiliated community-based organization.  Our attorney is
>suddenly shaky about this, saying:
>"There is potential exposure to allegations of defamation, claims of
>copyright and trademark infringement, and other liabilities based
>upon the content generated by an unaffiliated third party. Although
>there are certain statutory protections for Internet service
>providers under both the Digital Millennium Copyright Act and the
>Communications Decency Act, does UALR really want to be in the
>position of having to invoke such protections because of infringing
>or libelous content created by a third party?"
>
>At first legal wanted to dump the project, then said they would
>consider some kind of policy and clause to use in agreements of this
>kind.  I'm still a bit squirmy on this. I'm sure there are websites
>all over the mainframe that are similar to this but now I have to
>"officially aware."
>
>So, do you do this? and Do you have a policy and/or contract clause
>you use to cover you institutions, umm, interests in this situation.
>
>thanks.spanky
>--
>Mike McCallister, Ph. D.
>  Director, Research and Sponsored Programs
>University of Arkansas at Little Rock
>2801 South University
>Little Rock, AR 72204-1099
>(v) 501-569-8474
>(f) 501-371-7614
>(c) 501-590-5609
>
>
>Only those who risk going too far can possibly find out how far one
>can go. — T.S. Eliot
>
>
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