Companies that maintain Web sites must be vigilant to scrutinize the substance of the sites, including content accessible via Internet links from the company’s site to a third-party site. If not, the potentially deceptive nature of hyperlinks can lead to direct and derivative liability arising from actively using hyperlinks and from passively allowing others to hyperlink to an existing Web site.
Hyperlinks are technically Hypertext Reference links. These links permit an Internet user to jump from one Web site to another. When an Internet user clicks on the link, that act activates software code written in the language of the Internet, Hypertext Markup Language. This software instructs the Internet user’s Web browser software (such as Microsoft’s Internet Explorer) to go to the linked location, which is often another Web site or another part of the Web site itself, such as a home page.
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