Use Disclaimer in your Email to seek relief from legal actions

Discussion in 'Legal Issues' started by sankaranand, Dec 30, 2006.

  1. #1
    Wonder your mail contains Sensitive or Confidential materials or Phonographic which you intend to send one of your friend but unfortunately you misspell the email address and it was sent to someone whom you don’t know! Just think about the sequences or how bad the user might have felt or hurt reading your mail but mistakes or mistakes. What if the user takes a legal action against you ? So although its recommended to be safe while sending email, i strongly recommend you to add email disclaimers for your outgoing emails.

    What is Disclaimer ?
    It is a statement that states that entity is not responsible for something in some manner. There are many types of Disclaimers. E-mail Disclaimers alerts the readers to risks involved. These disclaimers are appended to email either as signature or attachment. I cannot assure you that email disclaimers will protect against actual libelous but it will certainly help you in some situations from liability.

    Example of a standard email disclaimer which i use

    This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. Sankar Anand or Gmail™ of Google® accepts no liability for any damage caused by any virus transmitted by this email.

    Adding Disclaimers as Signature in your mail:
    Gmail or Googlemail:
    *Click Settings.
    *Enter your new signature text in the box at the bottom of the page next to the Signature option. As you type, the radio button will shift from No Signature to the text box.
    *Click Save Changes.

    Yahoo Mail :
    * Select Mail Options from the Yahoo! Mail navigation bar
    * Follow the Signature link (under Personalization).
    * Enter the desired signature in the text field.
    * Click Save.
    Other Mail Service users can contact their local mail providers for instruction on adding signature to their outgoing mails.
     
    sankaranand, Dec 30, 2006 IP
  2. marketjunction

    marketjunction Well-Known Member

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    #2
    If your disclaimer is not legal, it doesn't matter what you say. Just claiming you're not responsible for something, doesn't mean you aren't.
     
    marketjunction, Dec 30, 2006 IP
  3. sankaranand

    sankaranand Peon

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    #3
    Thats why i said this

     
    sankaranand, Dec 31, 2006 IP
  4. marketjunction

    marketjunction Well-Known Member

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    #4
    So, you are saying you can libel someone as long as you have a disclaimer?
     
    marketjunction, Dec 31, 2006 IP
  5. ladybiker

    ladybiker Peon

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    #5
    If you sent me pornographic email, it is wrong. Your disclaimer does not make it right.
     
    ladybiker, Jan 3, 2007 IP
  6. Corey Bryant

    Corey Bryant Texan at Heart

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    #6
    I understand your point - but unfortunately it is usually spammers sending my these pornogaphic images / details and adding that disclaimer does not necessarily make it ok.
     
    Corey Bryant, Jan 3, 2007 IP
  7. tke71709

    tke71709 Peon

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    #7
    Nor do you have any right to make statements on behalf of Google or Gmail.
     
    tke71709, Jan 3, 2007 IP
  8. clancey

    clancey Peon

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    #8
    Hiding behind disclaimers does not give someone immunity when they act in a criminal or libelous manner.

    Pump and dump stock fraudsters use disclaimers. However, once found, the disclaimers do not afford them legal protection in civil and/or criminal proceedings.

    By contrast, a legitimate stock or commodity researcher may legitimately use disclaimers to protect themselves and their company from liability.

    Clearly, intent is a very important when determining whether or not disclaimers offer any protection.

    If your intent is to liable Joe -- though between friuends -- and your email finds its way to Joe, your disclaimer is unlikely to afford you any protection.
     
    clancey, Jan 3, 2007 IP