The concept of traditional contract law understands that for a party to be bound by the terms of the contract, a party must have first agreed to it?s terms and consequently signed it. Since the 1980?s PC use has continued to grow by phenomenal amounts in both business and residential environments. It?s hardly surprising that software has been released at a similar pace to run on all these PC?s, more recently with the advent of the Internet software is easily available for direct download to the end-users machine. Software companies need to protect themselves from damages claims stemming from damage caused by improper and proper use of their software by end users and profits lost by users making illegal copies of their software among other things. This is done through a contract. It would be virtually impossible and very impractical to have the buyer of a software package to sign a traditional paper based contract relating to the software prior to purchasing it as in the IT industry software is rarely sold directly in person by the publishing company to the end-users. Thus there needed to be some mechanism whereby the purchaser agrees to the terms of the license without actually signing on the dotted line. Enter shrink-wrap and click-wrap contracts. Shrink-wrap contracts, the earlier of the two are the terms and conditions that accompany software distributed in a retail computer store. Shrink-wrap contracts usually read something like ?By opening the packaging on this box you agree to the terms and conditions of the license.? The terms and conditions of the license are more often than not located inside the box. Click-wrap contracts were developed in response to the massive growth of the Internet and Internet technology. A party enters into a click-wrap contract when they click the ?I agree? or ?I accept? button which are preceded by terms and conditions. Examples of where click-wrap contracts can be regularly seen include before you download software, before you book an airline ticket online, before you download music and many more. Both shrink-wrap and click-wrap contracts have their advantages and disadvantages for the consumer and the company offering the terms and conditions themselves. This report focuses however on the advantages of click-wrap contracts over shrink-wrap contracts and hence I will now continue to discuss this. The main advantage of click-wrap contracts over shrink-wrap contracts to me seems to be the fact that with click-wrap contracts you?re given a clear opportunity to read through the terms and conditions of the contract before you agree to them. With shrink-wrap contracts the fundamental problem is that the consumer doesn?t get to know the key terms of the contract until they open the box, by which point it is often too late to get the money back for the software product. In traditional contract law, the parties have to come to a ?meeting of the minds? over key terms of the contract agreement click here . With this in mind Mark Lemley an intellectual property professor at the University of Texas school of law said: ?software licences change that assumption by saying that when you take the software home and you take it out of the box, you agree to a whole host of other terms that you didn?t agree to at the store.? Should these ?other terms? as Lemley puts it be allowed to extend the contract between the consumer and the retailer? or do these extra terms in fact create a whole new contract altogether in which case the question of does breaking open a box containing software have the same legal force as a written signature on a negotiated document? has to be raised. Well it is these questions that bring us to another advantage of click-wrap contracts over shrink-wrap contracts. Click-wrap contracts are more enforceable than shrink-wrap contracts thus offering the software company more peace of mind. Shrink-wrap contracts have questionable enforceability. Although it is true to say that shrink-wrap contracts are gaining wide acceptance, this lack of full legal acceptance is seen as a worrying fact for software companies that want to precisely control the terms and conditions for use, limitation of liabilities and warranties and warranty disclaimers of software for their protection. Click-wrap contracts on the other hand have gained almost universal acceptance as law binding contracts. The reason behind this is that with click-wrap contracts you cannot proceed unless you click the ?I agree? or ?I accept? button, if you don?t acknowledge your agreement to the terms and conditions set in front of you by pressing one of these buttons then you cannot proceed to use the downloaded software, downloaded music, you cannot book that ?18 flight to Glasgow for the Celtic match with ryanair.com or can?t do or use any other of the things you might expect to be protected by a click-wrap contract. If on the other hand you do agree with the terms and conditions and click on the appropriate button, the law will say that you had time to read the contract, the chance to reject the contract but you clearly have agreed to it and so are legally bound by the same. It?s not all rosy for click-wrap contracts though as along with shrink-wrap contracts, they are often referred to as adhesion contracts, whereby one party has no ability to bargain with the other. This can lead to terms and conditions, which seem very restrictive and unfair to the consumer. However it is these restrictive terms and conditions which enable software to be sold at comparatively cheap prices as if software companies had to assume the risk of the possible consequences that end-users might face, they would have to charge far greater amounts for their products in order to make the assumption of that risk financially prudent. In closing I would have to say that neither shrink-wrap nor click-wrap contracts are fully ideal for either the consumer or for businesses wishing to sell software or other intangible products online. Of the two however click-wrap is the superior, this is due mainly to the ?fairness? it offers consumers in the ability to view the terms first and also because of the level of enforcement click-wrap contracts have achieved in the courts, albeit US based. Sources: Mark Lemley ? UT School of LawArticle by David Callan. David is an Internet marketing professional and webmaster of AKA Marketing.com webmaster forums. Visit his webmaster forums for the latest discussions on search engines, website authoring and Internet marketing related issues and topics.
Copyright © 2005 Priya Shahhttp://www.priyashah.comBlogging is the latest buzzword in online marketing and PR.But with so many marketers jumping on the blogging bandwagon, few people are giving a thought to whether blogs are really up their alley, or taking the time to consider the best ways of going about it.If you are planning to start a business blog, ask yourself these questions before you take the final plunge.1. Do you really need a blog?Writing and maintaining a blog takes a certain degree of commitment, as well as a passion (or at least a liking) for stringing words into a decent sentence. If you don't enjoy writing that much, you could always create an audio or video blog.But would your business objectives really be served by starting a blog? Or could other methods of online marketing - like SEO, ezine advertising or newsletter publishing work just as well, if not better?2. Whom do you want to reach with your blog?The first step to reaching your audience is understanding where they go to find information about your products.If your audience largely consists of people who live in your town or use products that they search for in the newspapers, offline advertising might be more suited to your purpose.If however, your target audience belongs to one or more of these segments, a blog might be just the thing to boost your business.- Internet usersDoes your target audience really use the internet? If not, then starting a blog (or any online activity, for that matter) will just be a huge waste of time and effort.- Blog readersDoes your target audience read blogs? Or do they prefer to get their information in their inbox? If the latter is true, then an email newsletter might be a better option than a blog.- Search engine usersA blog is an excellent way to boost your search engine rankings and get listed for a lot of your target keywords. If you know that your audience uses search engines to find information, a blog will increase your chances of getting their attention.3. What do you want to achieve with your blog?There are a lot of things that a blog can do for your business. Blogs can help you — Increase your visibility and search engine rankings- Brand yourself, your products, your services, your company- Build a community and network with people who have similar interests- Expand your reach to those outside your current sphere of influence- Establish your credibility as an expert or thought-leader in your field - Put a human face on your business- Reach out to potential customers and stakeholdersDeciding exactly what you want to achieve with your blog can help you get focused, so that you can spend your time and effort in activities that help, not hinder your business objectives.4. How much time can you spend on your blog?Serious business bloggers not only spend time writing their own blogs, but also spend a great deal of time reading up on current events and browsing other blogs in their field for information.If you are prepared to put in the time and effort required to do that sort of research, your blog will serve as a good branding tool for your business.If not, you should either hire someone to do the research or seriously rethink your decision to start a blog all-scunthorpe.co.uk .5. What blogging platform will serve your needs best?Deciding your blogging platform is an important step that you should take only after becoming familiar with the features and benefits of each option.The reason it is so crucial is because it can be extremely difficult to migrate an established blog to a new platform once you have started it. Moving your blog can result in you losing your data, search engine listings and readers, so don't take this decision lightly.Decide which platform will best meet your marketing objectives, time constraints and personal preferences before you make your first post.According to T.L. Pakii Pierce who writes at “How to Blog for Fun & Profits!” http://blogforfunandprofit.blogware.com, if you are short of time, and want to spend more time writing, then a hosted solution like Blogger, Blogware, Squarespace or Typepad might serve your purpose better.This might also prove a better option if you want to get started as soon as possible, are new to the internet, or are unfamiliar with scripts or code.If, on the other hand, you're a control freak (like me) and don't mind spending some time and effort to customize your blog, then a server-installed software, like Wordpress, b2Evolution or Movable Type might be just right for you.If you don't want to install the scripts yourself, choose a hosting solution with Fantastico, which comes with a one-click install of a number of blogging software click here .6. How do you plan to promote your blog?Why is it good to know this before you start your blog? Because it will help you decide where best to invest your time and effort when you need to build traffic to your blog.You'll learn more about the methods to promote your blog when you subscribe to the email course below. Some of these tasks can be outsourced, while others you would have to do yourself.Decide what you want to take on and look out for service providers to handle the other functions so you can start building traffic to your blog as soon as possible.7. How will you assess the success of your blog?To determine how successful your blog is in boosting your profile or profits you will have to measure your blog traffic and track sales or leads that have come through it.Planning this in advance will help you take more informed decisions about your blogging metrics, choice of blogging platform and degree of customization you require on your blog.Understand that blogging is not for everyone. It's just another form of communication.Don't get so hung up on the technology that you end up ignoring more appropriate ways of communicating your message.Some things may be easier to communicate face to face, in a conference room, or even through the good old telephone.But if you asked yourself all the questions above and decided that blogging meets all your objectives, then a blog may be just what the doctor ordered for your business. Priya Shah is a former journalist who writes on business blogging and publishes an internet marketing newsletter. Subscribe to her free eCourse on Blogging for Marketers
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If you?ve been getting caught up in all this talk of RSS versus email, its time to stop wondering.Marketing Sherpa just posted a new report that stirred up the old RSS vs Email debate again. http://www.marketingsherpa.com/sample.cfm?contentID=2988The report starts out by stating, ?It chills our blood when we hear email marketers and publishers blithely state, ?I?m thinking about switching over to RSS entirely!? Oh no. Please don?t. RSS is worthy of testing, but it?s not an email replacement and it never will be.?A report in Jupitermedia titled ?E-Mail Marketing: Alive and Well? notes, ?RSS won't be immediately effective as an alternative to e-mail marketing. (But) for some companies (primarily publishers who cater to a technical audience), it's sensible to press forward with RSS now as a supplement to e-mail marketing.? http://www.jupiterresearch.com/bin/item.pl/research:concept/1103/id=96103/A lot of people think this debate has been going on for long enough. RSS is NOT a replacement for email. It does not (and may never) rival the marketing reach and immediacy of an email message.Those who?ve been mourning the death of email marketing don?t seem to ?get? the fact that RSS hasn't reached the tipping point yet. More people read email than RSS feeds ? many more.I believe that a smart publisher or marketer must use both - Email and RSS. Its not an either/or question. I know for a fact that my blogs get read more when I send out an email with a ?blog post roundup.? I personally prefer email and tend to read those blogs more frequently that use email notification. But the news is not all good for email marketing. According to DoubleClick, 64.7% of all legitimate email being sent (based on their own customers' stats) is never opened. Email delivery is cited as the #1 email marketing headache.The good news is that email marketing has a terrific Return on Investment (ROI) bringing in $15.50 per dollar spent on a campaign according a report in Email Sherpa. http://www.emailsherpa.com/emailblog click here .cfm?ID=360That $15.50 per email-marketing dollar spent is roughly 17% more than in direct-mail campaigns and 73% more than telemarketing campaigns.eMarketer reports that email is still a powerful marketing tool if used well in a new report, “Email Marketing: How to Improve ROI.” http://www.emarketer.com/article.aspx?1003369Some points it notes: · 71 percent of US online advertisers used email marketing in 2004, while 77 percent using paid search. · Despite spam and email overload 45 percent see email as a good way for companies to stay in touch with customers. · Customer retention and increased loyalty is the main objective for email marketing among 63 percent of surveyed marketers · 62 percent also see email as a way to acquire new customers click here . · Email volume in the US is expected to rise from over 2 trillion message this year to nearly 2.7 trillion by 2007. Even though both email spam and email delivery are on the rise, end-users are getting used to spam and it's bothering them less than it used to.The Marketing Sherpa report also notes that 91% of US Internet users use email on a regular basis, while roughly 4% use RSS feeds on any sort of basis at all. It suggests that publishers do test RSS, but recommends that they not treat RSS as ?shovelware for email content? because it is a new medium. Other disadvantages it notes for RSS publishers is the challenge of metrics. ?No deliverability, open rates, hard vs soft bounces. No a/b tests, no usability tests, no offer tests, no recency/frequency tests, and multivariable testing?”"The kind of data that marketers and publishers rely on to make business, content, and marketing decisions for email campaigns is almost entirely lacking for RSS at this time,? says the report.So if you?re wondering what you should publish - a blog or an email newsletter - I suggest you do both. Or at least publish a blog with email notification built in. Remember, your list is still your most valuable asset online.Keep either Email or RSS out of your marketing toolbox and you?re losing out on a significant portion of your audience. RSS has other advantages that email does not have - like being able to syndicate your content across the web. It can be a very useful tool for building link popularity - if you do it right.As a marketer you do need to start brushing up on your knowledge of RSS and a good place to start is here. http://ebizwhiz-publishing.com/rss-blogging.htm Priya Shah is the CEO of eBrand360. She writes the Marketing Slave blog and publishes an internet marketing newsletter.This article may be reprinted as long as the resource box is left intact and all links are hyperlinked.
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Today's tirade: Convenience Fees.It sounds appropriate, the business or organization goes out of it's way to provide you a new or extended service that saves you time and money and you pay a small fee for this added service.But most of the time this “convenience fee” is applied to something that is actually saving the business or organization thousands, tens of thousands, even millions of dollars a year. Not only are they cutting costs but they are increasing revenue by socking you with another fee for a service you already pay for through your regular payments or fees.This tirade was sparked by my having to pay a $2 “convenience” fee to pay some state sales taxes. While $2 isn't much and it was more convenient to be able to pay on-line rather than having to write a check, find a stamp and remember to mail it, I am annoyed that it was charged in the first place. Since the transaction was done entirely on-line, the state saved on payroll costs for a state employee that would have to open my letter, extract the information, figure out what the payment was for, lookup my account on their computer system, enter the payment information, and prepare the check for submission to the bank.This may only take a state employee a grand total of 10 minutes, but if that is all the person does all day long and they get paid $10 an hour (though most likely it is much more when you add in all those great state benefits), then it would cost the state $80 for that day's work.But if I do the work myself through my on-line payment as do another 48 people, not only does this poor employee have nothing to do that day, but the state saves $80+ in payroll costs. But also the state charges each of these 48 people a “convenience fee” of $2. So the state also increased revenue by $96. For a total net gain to the state of $176+ per day.What is interesting is that the $80+ dollars that was saved is less than the total of the convenience fees.But I can see a reason for the convenience fee. If I owe $100 taxes and I want to use my AmEx card to pay it, AmEx charges for the transaction. So the state is right in charging me extra for the “convenience” of using my credit card business .But if I just saved the state by doing the transaction and recording the information myself on-line, didn't I just save the state some money. If AmEx charges the state a high 3% fee on tranactions, my $100 trasaction would cost the state $3. If the total cost for the 10 minutes the state employee to open and process my payment is more than $3 then the state saved money.If the state pays the employee a measley $10/hour plus benefits and we estimate the total payroll costs at $14/hour and add in half again for the costs of the building, utlitiles and equipment that employee uses we get a total of $21/hour cost.So the 10 minutes it would have taken the state employee to process my payment would cost the state about $3.50. If the state saves $3.50 by giving me the convenience of paying my bill on-line and it costs the state $3.00 for the credit card processing fee, didn't the state just save an additional $0.50 on my one transaction alone.$0.50 is not much but add that up over the state population and over several years and it is significant savings. Also, it these times of tax increases and government budget woes you would think that any savings or reduction in expenses would be a welcomed thing.So why is the state being stingy and additionally charging me a “convenience fee” when I am helping them to save money? Should they give me a discount to encourage me to try their new system.Once I have used the system (if it is a well designed system) I will probably use it in the future, thus saving them additional money for years to come. People should be encouraged and rewarded for going out of their comfort zone to try something new, especially if it saves the business or organization money.And don't even get me started on bank ATM fees. This same argument can be used on banks and their ATM “convenience fees”. Everyone knows that they saved billions of dollars over the last 20 years with ATMs. In the meantime, I will use and even appreciate the convenience of paying my tax bill on-line, but I will cringe each time I am charged a “convenience fee” for helping my state save money. Tax breaks anyone? ***************************************************************© Simple Joe, Inc.David Berky is president of Simple Joe, Inc. a marketing company that sells simple software under the brand name of Simple Joe. One of Simple Joe's best selling products is Simple Joe's Money Tools - a collection of 14 personal finance and investment calculators click here . This article may be freely distributed so long as the copyright, author's information and an active link (where possible) are included.
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“0% interest* for the first six months, no annual fees** and a low fixed*** rate of only 8.9%****!”* Unless you count the deferred interest we will charge you if you don't pay off the full balance transfer amount when the promotional period ends.** Except the ones we charge for “late payments****”, going over your balance, cash advances, balance transfers, membership in “rewards” programs, etc., etc., etc.*** Fixed for the first month, but after we may change it without notice for: late payments, going over your balance, changes in the prime rate, or just cause we want more of your money.**** Rate depends on your credit score. (Which we already checked and intend to charge you 19 business .8% or we wouldn't bother sending you this great***** offer.)***** A payment may be late if we just don't get around to processing it in time no matter when you actually mailed it to us.****** May not be great in all states click here .Yes, folks, “the devil is in the details” and the truth is in the fine print.While this is obviously an exaggerated and fictitious example I have seen most of these “weasel” clauses in the 100s of credit card offers I receive each year.Some of these tricks and traps are practiced by local and national merchants with their “store credit cards” and “discount cards”.I have seen stores and even car dealerships make “no interest for a year” type announcements and advertisements. But when you actually read the contract (and who does that - they count on you to not read the whole thing and you probably won't understand it without your attorney) you may find that instead of the regular payments you would expect to start at the end of the no interest period, you are required to pay the full purchase price.If you want to make installment payments, you will be required to pay the payment plus the interest (look for the rate in the fine print) and you may also be required to pay the interest that accrued during your “interest free” period. Gotcha!Or how about the “no annual fees” bit. Look out for the contract to say “no annual fees FOR THE FIRST YEAR”. Or first two years or that a “membership” fee is required. How that differs from an “annual fee” is beyond me.Also watch out for the “no annual fees” for the use of the card but “membership fee required” to participate the in frequent flyer miles or cash back points program (which was probably why you chose that card to begin with). Gotcha!And how about the “fixed” rate? Read the fine print, it will actually say “subject to change without notice”. Is it just me or do I misunderstand the meaning of the word “fixed”?Also your “fixed” rate may be raised to the “maximum allowable by state law” if you go over your credit limit (including fees that may put you over your limit before you even know it), make a late payment, miss a payment or do not pay the full amount. Gotcha!And then there is that low “teaser rate”. Yes that's what it is called in the industry and it is appropriately descriptive. That rate is given out, they aren't lying about that. But it is only given to the people who have 700 or above credit scores, minimal debt, and a high paying job.The majority of the people who are sent the ad will not get the lowest rate. But you won't know your rate until you apply for the card. But by the time they tell you what rate you will be at they have already signed you up and issued your card.They count on the fact that most people will just accept the rate and go from there. Gotcha!So how can you avoid these traps? Rule #1, read ALL of the fine print. If you are not clear on something ask someone else what they think it means. Ask an attorney friend, CPA (certified public accountant), financial planner, banker or other person in the financial industry. Chances are they will have several questions about the fine print, too.Rule #2, don't apply for a card unless or until they tell you what your actual rate will be. This is hard because most of them are not set up to tell you. Generally you will need to know your credit scores and have a copy of your credit report handy.Even then you are unlikely to find someone through their telephone maze that will or can actually answer your question. Try to find a card that gives you a confirmed rate before you apply. A conscientious company will first request a copy of your credit report from one of the credit bureaus before quoting you a rate.Look on http://www.bankrate.com for current rates offered by various credit card companies and banks. Often smaller banks and companies offer better deals and are not as strict or hard to deal with. Check with your local banks also. At least with a locally issued credit card “you know where they live”.Rule #3, always mail your payment at least 7 days before it is due. Or try paying through the Internet. Many companies now offer that payment method. It can also save you time and stamps.Rule #4, check your statement each month to be sure you are still at the interest rate you signed up for. If your rate has been increased, look for a late payment fee, or some other reason for the increase. Call the company and ask them why they increased your rate.If your rate was unjustly increased (they processed the payment late or credited it to your account late, but it was not received late) then ask them to change your rate back to what it should be.Even if you did make a late payment, most companies will reduce your rate after six months of on-time payments. But if you don't ask, they will keep you at the higher rate as long as they can.In the credit card business it is definitely “caveat emptor” or buyer beware!***************************************************************© Simple Joe, Inc.David Berky is president of Simple Joe, Inc. which sells the Simple Joe's Debt Eraser PC software. Debt Eraser can help anyone get out of debt quickly and inexpensively by creating a Rapid Debt Reduction Plan. This article may be freely distributed as long as the copyright, author's information and an active link (where possible) are included.
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What exactly is bankruptcy? Bankruptcy is when your assets are tied up and you cannot pay your debts. There are a number of different bankruptcies that are open to individuals. These different bankruptcy options were created to help individuals and their special needs. However, bankruptcy's effects can last for years, including difficulty finding a job, getting insurance, renting an apartment, buying a home and financing a car. Bankruptcy can stay on your credit record for up to 10 years. The rest of this article will deal with ways to try and avoid bankruptcy.As mentioned in previous articles a good budget is one of the most valuable financial tools you can have. Every individual or family needs to develop a budget and follow it. Impulse buying is not only dangerous for large expensive items, it can also be costly for smaller purchases that add up, killing your budget and pushing you further into debt.When going to buy a large or expensive item a good rule of thumb is to go and look and leave your checkbook, credit card, or financing information at home. When looking to buy these large items go and look around at more than one place. There is usually more than one store or dealer in the area that has comparable products to look at. The more places you visit the better idea you get of what a fair price is. Take time to evaluate the merchandise you have seen. When you do this, you will eliminate impulse buying or buying on emotion. When you have done your research and determined that you really need the item, then you are prepared to go and purchase it.Living within your means creates a future of financial stability. There are many things that can be done to live within our means. Some of these things include driving nice, dependable vehicles, not the latest and greatest; and purchasing a home that meets your needs, not a large home which carries an astronomical mortgage. Don't get caught up in trying to impress your neighbor by buying things you can't afford or don't need click here . There is only one person that can keep you from bankruptcy and that's you. Have some self control.If you find that you are really in overwhelming debt, there are steps that can be taken. Evaluate your financial circumstances. If you have large credit card debts that you can't afford, contact the credit card company and try to work out a payment plan that works for you. If you have other large bills, try and contact these companies and see if they will work with you. Sit down and figure out what your debt to income ratio is. This can be done by adding up how much take-home pay there is against how much there is in bills. If your debt ratio is close to or higher than your income, then you need to seriously evaluate your spending habits. Unavoidable medical expenses or disasters that cause major debt have to be dealt with on an individual basis and may require the advice of a competent financial planner. Day-to-day financial monitoring will help you improve your financial future.If you need the help of a financial advisor, it will be worth your time to do your homework and find out who will be the best at helping you. There are a number of ways to go about finding a financial advisor click here . A good place to start is by asking friends and acquaintances if they know or have heard of anyone that is good. You can also check in the yellow pages. However, be aware of billboards and radio/TV ads, and check with your local BBB. Once you have found a good potential advisor, ask them about their credentials and ask for references of satisfied customers. Ask how their work will help you and how it will effect your credit. Don't be afraid to ask questions to find out if this is the right person to help you. Remember this individual is going to give you advice that is going to effect your financial future. There are financial services that charge large service fees, and those that are non-profit that are less expensive. It will depend on what you feel comfortable with and who you think will give you the most help. Finally, if you own a lot of expensive items, you may think about trying to sell off items to raise money to pay off debt. Consider getting a second job to help to bring in extra income. Look at borrowing against any reserves you may have. (Do this only after consulting a good professional advisor.)Avoiding bankruptcy requires vigilance and determination. Bankruptcy and its long-term effects should be considered very carefully. Working hard to overcome financial woes will give you an improved sense of self-worth and well-being. ***************************************************************© Simple Joe, Inc.Lyle Evans is a software testing specialist for Simple Joe, Inc., makers of the popular Simple Joe's Income & Expenses PC software. Income & Expenses is a quick and simple way to keep track of your cash flow and stay within your budget. Income & Expenses is ideal for personal, business, home and club accounting.. This article may be freely distributed as long as the copyright, author's information and an active link (where possible) are included.
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Here are 8 things to consider, when evaluating lenders online:1. Website Design2. Privacy Policy3. About Us4. Popularity5. Reputation6. Short Form7. Points, Fees, Terms and Rates8. Communication1. Website Design: The webpage is, in fact, the storefront of the internet. In the real world, your first impressions make all the difference. Well, it?s no different on the internet. a) Does the site seem forth-right? Can you glean valuable information immediately, or does it appear that you are being pushed to click here, click there? b) Does the page load fast, indicative of a reliable server, or does it seem to take forever for everything to be displayed (or worse, are you receiving various error messages). c) Are there a ridiculous amount of pop-ups, pop-unders, and other in-your-face ad campaigns, or, does the lender simply put it all out there for you to decide? Examine the website design, and trust your first impressions.2. Privacy Policy: You will likely be sharing some personal information, in exchange for loan offers. You shouldn?t be so concerned about this that it limits your ability to reach out to possible lenders. However, use your common sense. a) Does the website post its privacy policy? If so, take a quick peak at it click here . b) Does it seem to make sense, and is it reasonable? Virtually all trustworthy online businesses now have posted privacy policies to both assure you of their intent, and to comply with current laws and regulations click here .3. About Us: Does the lender post an ?about us? page? a) If not, this could be a red flag. In other words, the lender should take pride in its history, its vision, and its mission statement. An ?about us? page is an opportunity for your lender to tell you a little bit about themselves. If you don?t see it, then what are they hiding? b) On the other hand, if you do see an ?about us? page, go check it out. How long have they been in business? Where are they located? Do they post a phone number, and do they provide contact information? What are their policies and philosophies? Reading the ?about us? page can tell you tremendous information about the lender. 4. Popularity: Take your lender?s website address, and plug it into Alexa.Com. Alexa is a tool, created by the folks at Amazon, to evaluate traffic on the internet, and to provide a venue for visitors to post critiques of websites. a) Popularity is gauged by the Alexa rating, and the lower the number, the higher the rating. For example, our site, http://loanresources.net , as of today?s date, has a 3 month average Alexa Rating of 86,517. This means that we are one of the top 100,000 websites in terms of traffic (and popularity). If we get down to let?s say 50,000, then our traffic and popularity has increased. b) You can use this tool to evaluate the traffic of your prospective lenders. c) Our advice is this: Don?t be blinded by popularity alone. There are plenty of competitive lenders and mortgage brokers out there with the highest integrity, which may not, necessarily, have a favorable Alexa rating. It doesn?t mean that they shouldn?t be considered. It is simply a measurement of traffic, and that?s it. Don?t miss out on what they have to offer. Just use popularity as one of the many tools at your disposal, when evaluating online lenders.5. Reputation: There are a number of ways to evaluate a lender?s reputation. Talking to friends, family, and associates, of course, is one way. Another method is to see whether or not the prospective lender is a member of the Better Business Bureau (BBB at BBB.Com), and if there are any complaints on record filed against them. a) The BBB produces what?s called a ?Reliability Report?, and this report will provide you with corporate information (such as name, address, phone number), BBB membership information, whether or not the lender is a participant of the ?BBB Online? program, along with a complaint history, and each complaints final resolution. b) The report also states the overall rating that they give the lender. Remember we discussed earlier, that popularity is not everything? Here?s a prime example. You?d be surprised how many ?popular? lenders, may in fact carry a rather lengthy BBB Reliability report filled with a variety of complaints. c) Again, just use your good, common sense, and consider reputation alongside all other factors. Also, if you see something on the reliability report that may be concerning you, talk to your prospective lender, and see if they can give you a reasonable explanation for what happened.6. Short-Form: Complete an online ?short form? application, and within minutes, several competitive loan offers could be making their way to you. a) Consider the short form application, when evaluating the lender. Is it short indeed, or are they asking you for way too much information? b) Be expected to share some basic information about yourself, such as name, phone number, salary information, etc., but never disclose what you feel is too personal or compromising, such as a social security number, credit card numbers, etc.c) Does the short-form make sense, is it well organized, and is it simple for you to follow and understand? This is important, because if the form is easy to complete, the lender may be saying that their whole loan process is simple and easy. On the other hand, if the form is arduous and complex, what does that tell you?So, evaluate your comfort level with the context of each lender?s short form application online.7. Points, Fees, Terms, and Rates: After you complete the online short-form, prospective loan offers will almost instantly be making their way to you. a) These preliminary loan offers will present you with important information about the points, fees, terms, and rates being offered.b) This, of course, is the nuts and bolts of what you are evaluating?This is the dollars and cents of your preliminary loan offers. c) Obtain several offers, and compare them to each other. d) Who offers the best savings? Who seems too low to believe? Who is way too high to consider? e) Check the current rates and see how these offers compare. We?ve got a RateWatch set up at our website, or, you can find other resources from any search engine.8. Communication: After you?ve obtained several loan offers, it will be time to talk to your prospective lenders over the phone. a) Do not fear this process. Remember, you are the buyer of this product, and you are in the driver?s seat. Think of it as an interview, and you are in charge. Ask some good questions, and see if you are comfortable with the relationship forming. b) How does the lender strike you over the phone? Is it someone that you feel you could do business with, or, does the conversation seem forced and uncomfortable?c) Use the phone call to evaluate the relationship, and to obtain useful information. d) Do not make an immediate decision. Talk to 3 or 4 lenders, and then take a pause, and evaluate what you?ve learned. Use your instincts to gauge who you worked well with, and who might present challenges down the road.We?ve enjoyed providing this information to you, and we wish you the best of luck in your pursuits. Remember to always seek out good advice from those you trust, and never turn your back on your own common sense.Sincerely, Tom Levineinfo@loanresources.nethttp://loanresources.net—————————————————–Copyright 2004, by LoanResources.NetTom Levine provides a solid, common sense approach to solving problems and answering questions relating to consumer loan products. His website seeks to provide free online resources for the consumer, including rate-watch, tips and articles, financial communication, news, and links to products and services. You can check out Tom's website here: http://loanresources.net , or you can email Tom at info@loanresources.net.
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The concept of traditional contract law understands that for a party to be bound by the terms of the contract, a party must have first agreed to it?s terms and consequently signed it. Since the 1980?s PC use has continued to grow by phenomenal amounts in both business and residential environments. It?s hardly surprising that software has been released at a similar pace to run on all these PC?s, more recently with the advent of the Internet software is easily available for direct download to the end-users machine. Software companies need to protect themselves from damages claims stemming from damage caused by improper and proper use of their software by end users and profits lost by users making illegal copies of their software among other things. This is done through a contract. It would be virtually impossible and very impractical to have the buyer of a software package to sign a traditional paper based contract relating to the software prior to purchasing it as in the IT industry software is rarely sold directly in person by the publishing company to the end-users. Thus there needed to be some mechanism whereby the purchaser agrees to the terms of the license without actually signing on the dotted line. Enter shrink-wrap and click-wrap contracts click here . Shrink-wrap contracts, the earlier of the two are the terms and conditions that accompany software distributed in a retail computer store. Shrink-wrap contracts usually read something like ?By opening the packaging on this box you agree to the terms and conditions of the license.? The terms and conditions of the license are more often than not located inside the box. Click-wrap contracts were developed in response to the massive growth of the Internet and Internet technology. A party enters into a click-wrap contract when they click the ?I agree? or ?I accept? button which are preceded by terms and conditions. Examples of where click-wrap contracts can be regularly seen include before you download software, before you book an airline ticket online, before you download music and many more. Both shrink-wrap and click-wrap contracts have their advantages and disadvantages for the consumer and the company offering the terms and conditions themselves. This report focuses however on the advantages of click-wrap contracts over shrink-wrap contracts and hence I will now continue to discuss this. The main advantage of click-wrap contracts over shrink-wrap contracts to me seems to be the fact that with click-wrap contracts you?re given a clear opportunity to read through the terms and conditions of the contract before you agree to them. With shrink-wrap contracts the fundamental problem is that the consumer doesn?t get to know the key terms of the contract until they open the box, by which point it is often too late to get the money back for the software product. In traditional contract law, the parties have to come to a ?meeting of the minds? over key terms of the contract agreement. With this in mind Mark Lemley an intellectual property professor at the University of Texas school of law said: ?software licences change that assumption by saying that when you take the software home and you take it out of the box, you agree to a whole host of other terms that you didn?t agree to at the store.? Should these ?other terms? as Lemley puts it be allowed to extend the contract between the consumer and the retailer? or do these extra terms in fact create a whole new contract altogether in which case the question of does breaking open a box containing software have the same legal force as a written signature on a negotiated document? has to be raised. Well it is these questions that bring us to another advantage of click-wrap contracts over shrink-wrap contracts. Click-wrap contracts are more enforceable than shrink-wrap contracts thus offering the software company more peace of mind. Shrink-wrap contracts have questionable enforceability. Although it is true to say that shrink-wrap contracts are gaining wide acceptance, this lack of full legal acceptance is seen as a worrying fact for software companies that want to precisely control the terms and conditions for use, limitation of liabilities and warranties and warranty disclaimers of software for their protection. Click-wrap contracts on the other hand have gained almost universal acceptance as law binding contracts. The reason behind this is that with click-wrap contracts you cannot proceed unless you click the ?I agree? or ?I accept? button, if you don?t acknowledge your agreement to the terms and conditions set in front of you by pressing one of these buttons then you cannot proceed to use the downloaded software, downloaded music, you cannot book that ?18 flight to Glasgow for the Celtic match with ryanair.com or can?t do or use any other of the things you might expect to be protected by a click-wrap contract. If on the other hand you do agree with the terms and conditions and click on the appropriate button, the law will say that you had time to read the contract, the chance to reject the contract but you clearly have agreed to it and so are legally bound by the same. It?s not all rosy for click-wrap contracts though as along with shrink-wrap contracts, they are often referred to as adhesion contracts, whereby one party has no ability to bargain with the other. This can lead to terms and conditions, which seem very restrictive and unfair to the consumer all-tamworth.co.uk . However it is these restrictive terms and conditions which enable software to be sold at comparatively cheap prices as if software companies had to assume the risk of the possible consequences that end-users might face, they would have to charge far greater amounts for their products in order to make the assumption of that risk financially prudent. In closing I would have to say that neither shrink-wrap nor click-wrap contracts are fully ideal for either the consumer or for businesses wishing to sell software or other intangible products online. Of the two however click-wrap is the superior, this is due mainly to the ?fairness? it offers consumers in the ability to view the terms first and also because of the level of enforcement click-wrap contracts have achieved in the courts, albeit US based. Sources: Mark Lemley ? UT School of LawArticle by David Callan. David is an Internet marketing professional and webmaster of AKA Marketing.com webmaster forums. Visit his webmaster forums for the latest discussions on search engines, website authoring and Internet marketing related issues and topics.
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Copyright © 2005 Priya Shahhttp://www.priyashah.comBlogging is the latest buzzword in online marketing and PR.But with so many marketers jumping on the blogging bandwagon, few people are giving a thought to whether blogs are really up their alley, or taking the time to consider the best ways of going about it.If you are planning to start a business blog, ask yourself these questions before you take the final plunge.1. Do you really need a blog?Writing and maintaining a blog takes a certain degree of commitment, as well as a passion (or at least a liking) for stringing words into a decent sentence. If you don't enjoy writing that much, you could always create an audio or video blog.But would your business objectives really be served by starting a blog? Or could other methods of online marketing - like SEO, ezine advertising or newsletter publishing work just as well, if not better?2. Whom do you want to reach with your blog?The first step to reaching your audience is understanding where they go to find information about your products.If your audience largely consists of people who live in your town or use products that they search for in the newspapers, offline advertising might be more suited to your purpose.If however, your target audience belongs to one or more of these segments, a blog might be just the thing to boost your business.- Internet usersDoes your target audience really use the internet? If not, then starting a blog (or any online activity, for that matter) will just be a huge waste of time and effort.- Blog readersDoes your target audience read blogs? Or do they prefer to get their information in their inbox? If the latter is true, then an email newsletter might be a better option than a blog.- Search engine usersA blog is an excellent way to boost your search engine rankings and get listed for a lot of your target keywords. If you know that your audience uses search engines to find information, a blog will increase your chances of getting their attention.3. What do you want to achieve with your blog?There are a lot of things that a blog can do for your business. Blogs can help you — Increase your visibility and search engine rankings- Brand yourself, your products, your services, your company- Build a community and network with people who have similar interests- Expand your reach to those outside your current sphere of influence- Establish your credibility as an expert or thought-leader in your field - Put a human face on your business- Reach out to potential customers and stakeholdersDeciding exactly what you want to achieve with your blog can help you get focused, so that you can spend your time and effort in activities that help, not hinder your business objectives.4. How much time can you spend on your blog?Serious business bloggers not only spend time writing their own blogs, but also spend a great deal of time reading up on current events and browsing other blogs in their field for information.If you are prepared to put in the time and effort required to do that sort of research, your blog will serve as a good branding tool for your business.If not, you should either hire someone to do the research or seriously rethink your decision to start a blog.5. What blogging platform will serve your needs best?Deciding your blogging platform is an important step that you should take only after becoming familiar with the features and benefits of each option.The reason it is so crucial is because it can be extremely difficult to migrate an established blog to a new platform once you have started it. Moving your blog can result in you losing your data, search engine listings and readers, so don't take this decision lightly.Decide which platform will best meet your marketing objectives, time constraints and personal preferences before you make your first post.According to T.L. Pakii Pierce who writes at “How to Blog for Fun & Profits!” http://blogforfunandprofit.blogware business .com, if you are short of time, and want to spend more time writing, then a hosted solution like Blogger, Blogware, Squarespace or Typepad might serve your purpose better.This might also prove a better option if you want to get started as soon as possible, are new to the internet, or are unfamiliar with scripts or code.If, on the other hand, you're a control freak (like me) and don't mind spending some time and effort to customize your blog, then a server-installed software, like Wordpress, b2Evolution or Movable Type might be just right for you.If you don't want to install the scripts yourself, choose a hosting solution with Fantastico, which comes with a one-click install of a number of blogging software all-loughborough.co.uk .6. How do you plan to promote your blog?Why is it good to know this before you start your blog? Because it will help you decide where best to invest your time and effort when you need to build traffic to your blog.You'll learn more about the methods to promote your blog when you subscribe to the email course below. Some of these tasks can be outsourced, while others you would have to do yourself.Decide what you want to take on and look out for service providers to handle the other functions so you can start building traffic to your blog as soon as possible.7. How will you assess the success of your blog?To determine how successful your blog is in boosting your profile or profits you will have to measure your blog traffic and track sales or leads that have come through it.Planning this in advance will help you take more informed decisions about your blogging metrics, choice of blogging platform and degree of customization you require on your blog.Understand that blogging is not for everyone. It's just another form of communication.Don't get so hung up on the technology that you end up ignoring more appropriate ways of communicating your message.Some things may be easier to communicate face to face, in a conference room, or even through the good old telephone.But if you asked yourself all the questions above and decided that blogging meets all your objectives, then a blog may be just what the doctor ordered for your business. Priya Shah is a former journalist who writes on business blogging and publishes an internet marketing newsletter. Subscribe to her free eCourse on Blogging for Marketers
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If you?ve been getting caught up in all this talk of RSS versus email, its time to stop wondering.Marketing Sherpa just posted a new report that stirred up the old RSS vs Email debate again. http://www.marketingsherpa.com/sample.cfm?contentID=2988The report starts out by stating, ?It chills our blood when we hear email marketers and publishers blithely state, ?I?m thinking about switching over to RSS entirely!? Oh no. Please don?t. RSS is worthy of testing, but it?s not an email replacement and it never will be.?A report in Jupitermedia titled ?E-Mail Marketing: Alive and Well? notes, ?RSS won't be immediately effective as an alternative to e-mail marketing. (But) for some companies (primarily publishers who cater to a technical audience), it's sensible to press forward with RSS now as a supplement to e-mail marketing.? http://www.jupiterresearch.com/bin/item.pl/research:concept/1103/id=96103/A lot of people think this debate has been going on for long enough. RSS is NOT a replacement for email. It does not (and may never) rival the marketing reach and immediacy of an email message.Those who?ve been mourning the death of email marketing don?t seem to ?get? the fact that RSS hasn't reached the tipping point yet. More people read email than RSS feeds ? many more all-york.co.uk .I believe that a smart publisher or marketer must use both - Email and RSS. Its not an either/or question. I know for a fact that my blogs get read more when I send out an email with a ?blog post roundup.? I personally prefer email and tend to read those blogs more frequently that use email notification. But the news is not all good for email marketing. According to DoubleClick, 64.7% of all legitimate email being sent (based on their own customers' stats) is never opened. Email delivery is cited as the #1 email marketing headache.The good news is that email marketing has a terrific Return on Investment (ROI) bringing in $15.50 per dollar spent on a campaign according a report in Email Sherpa. http://www.emailsherpa.com/emailblog.cfm?ID=360That $15.50 per email-marketing dollar spent is roughly 17% more than in direct-mail campaigns and 73% more than telemarketing campaigns.eMarketer reports that email is still a powerful marketing tool if used well in a new report, “Email Marketing: How to Improve ROI.” http://www all-norwich.co.uk .emarketer.com/article.aspx?1003369Some points it notes: · 71 percent of US online advertisers used email marketing in 2004, while 77 percent using paid search. · Despite spam and email overload 45 percent see email as a good way for companies to stay in touch with customers. · Customer retention and increased loyalty is the main objective for email marketing among 63 percent of surveyed marketers · 62 percent also see email as a way to acquire new customers. · Email volume in the US is expected to rise from over 2 trillion message this year to nearly 2.7 trillion by 2007. Even though both email spam and email delivery are on the rise, end-users are getting used to spam and it's bothering them less than it used to.The Marketing Sherpa report also notes that 91% of US Internet users use email on a regular basis, while roughly 4% use RSS feeds on any sort of basis at all. It suggests that publishers do test RSS, but recommends that they not treat RSS as ?shovelware for email content? because it is a new medium. Other disadvantages it notes for RSS publishers is the challenge of metrics. ?No deliverability, open rates, hard vs soft bounces. No a/b tests, no usability tests, no offer tests, no recency/frequency tests, and multivariable testing?”"The kind of data that marketers and publishers rely on to make business, content, and marketing decisions for email campaigns is almost entirely lacking for RSS at this time,? says the report.So if you?re wondering what you should publish - a blog or an email newsletter - I suggest you do both. Or at least publish a blog with email notification built in. Remember, your list is still your most valuable asset online.Keep either Email or RSS out of your marketing toolbox and you?re losing out on a significant portion of your audience. RSS has other advantages that email does not have - like being able to syndicate your content across the web. It can be a very useful tool for building link popularity - if you do it right.As a marketer you do need to start brushing up on your knowledge of RSS and a good place to start is here. http://ebizwhiz-publishing.com/rss-blogging.htm Priya Shah is the CEO of eBrand360. She writes the Marketing Slave blog and publishes an internet marketing newsletter.This article may be reprinted as long as the resource box is left intact and all links are hyperlinked.
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