are we liable for products advertised?

legally questionable services being listed

[amznVibe]

I am seeing adsense ads on our sites that include offers for services that are possibly illegal IMHO. Apparently Google has approved them because they have been around for weeks now. I can block them as I see them, but all they have to do is change the URL a little bit and they can be running for days before I catch them.

Does that "ads by Google" release us from responsibility to the website visitor?
Obviously only a real attorney can answer this but I'd still like to hear general thoughts.

On a site note, I sure wish Google would create an option to show ads for people under 18 and over 18, or even a NO "sex/dating ads" option. I am seeing way too many raunchy sex/dating ads that are so tasteless. Some webmasters may want them but I can't block them fast enough. Google should give us an option to filter out categories entirely.

[europeforvisitors]

I shouldn't think you'd be responsible for the ads, since you're basically renting the ad space to Google and Google is in charge of serving the ads. On the other hand, since you do have some editorial control (via the URL filter), who knows?

When I tried AdSense on my freelance writing site last year, I got ads for vanity presses, so-called "poetry contests," and other schemes that preyed on aspiring writers. Filtering out the endless stream of questionable ads bay was impossible, so I yanked the AdSense code--not because I was afraid of getting into legal trouble, but because I didn't want those ads on my site.

[Never_again]

I wouldn't think you would be responsible either, but your Terms of Use on your site should deal with the issue. Add something like the following: "Dealings With Advertisers - Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through [your site name], including Google’s AdSense program, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that [your site name] shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on [your site name]."

Remember, I'm not providing legal advise, so be sure you deal with competent counsel before acting.

[HughMungus]

Never, disclaimers are meaningless in court. They serve only to discourage litigation, not eliminate legal responsibility.

[annej]

When I tried AdSense on my freelance writing site last year, I got ads for vanity presses, so-called "poetry contests," and other schemes that preyed on aspiring writers

I tried it on a chronic illness site and got ads for all the quack cures. Like your experience, there were too many to just filter out. I've never tried adsense on my poetry site but can see from your experience what sort of garbage I'd get.

There are some sites and individual pages that just don't work with adsense.

[Never_again]

disclaimers are meaningless in court

So HughMungus, you’re a trial lawyer then and practice law in this area. How would you then suggest amznVibe and the rest of us deal with this issue?