Threats...court.....

Tell you buddy to put all the site files on a disc (HTML, CSS, images and java scripts etc and send them the customer. So basically you are providing the customer with they paid for. Then take the site down.
 
wait wait, you were talking about ownership, im not sure ownership of property = denying use of the design that was paid for. Even if he doesnt own it he may have usage rights but not able to resell or use for multiple sites...I dont know these laws are very confusing.

id just suspect the hosting account...no message indicating why it was suspended or anything like that.
 
I used to run a hosting company with a couple of friends...

Here is what we did when people didn't pay.


1. Take Down their Website

2. Leave FTP up for them to get their stuff

3. Send notices

***********************************************************

To answer other questions, the hosting company should NOT claim ownership of the site content or the actual domain itself.
 
Last edited:
I agree with netwiz.

No need to backup the files just give them FTP access and shut down the site. They will pay up quick is my guess.
 
NETWizz said:
I used to run a hosting company with a couple of friends...

Here is what we did when people didn't pay.


1. Take Down their Website

2. Leave FTP up for them to get their stuff

3. Send notices

***********************************************************

To answer other questions, the hosting company should NOT claim ownership of the site content or the actual domain itself.
Click to expand...

Not a lawyer, but I can tell you working with these type of issues with lawyers for over 10 years (Many different hosting companies), the content belongs to the designer or the person creating the site... UNLESS there is a contact signed. Any and all images/text provided to the designer, can NOT be claimed by the designer.

Now, if you worked FOR the company (Employee of) and designed the site while "on the clock", the work belongs to the company. This is a copy right issue and is black and white.

As stated, the domain name has nothing to do with owner of site/content.

With this being said, if he does not want to go to court, why not just give the files to the customer and let the customer go? Going to court is a loss for everyone involved. I am welling to bet the site content is NOT worth the cost of court. 90% of these types of cases are just a power struggle.

Will your friend win on court? You bet (assuming there was not contract created AND he did not work for the company at the time the site was created) Is it worth the legal cost and stress? Hell no!!
 
No contract your friend owns the design, not the content that was more than likely supplied by the client. If it was supplied by your friend, well his too.

Either way, If I didnt pay godaddy since October, it would be black by nov.

Whats the client threatening to sue over? seems silly. I hate clients like this, because it causes such unnecessary stress.
 
NETWizz said:
To answer other questions, the hosting company should NOT claim ownership of the site content or the actual domain itself.
Click to expand...

You are correct. It is the designer (not the host) that owns the design of the site. The op's friend is both designer and host, and as the designer, he owns the design. The ownership goes to the designer by default. The ONLY way this is not the case is if there is a signed contact stating otherwise.
 
Well my buddy told the client that he would give him the site and void the invoice to wash his hands. Client then stated he expected the site to stay live for atleast a week after the files are received. WTF??

Buddy took site down this morning.

Client just emailed that he will see him in court.....
 
AlphaCS said:
Well my buddy told the client that he would give him the site and void the invoice to wash his hands. Client then stated he expected the site to stay live for atleast a week after the files are received. WTF??

Buddy took site down this morning.

Client just emailed that he will see him in court.....
Click to expand...

Thats too funny. I had a very similair situation. Doesnt sound like that guy has a leg to stand on.
 
Somewhat related...

I was part of a police wife support group. I volunteered to design and host their site 100% out of pocket. The president of the group, some 23 year old holster sniffer, bad mouthed me and called me unprofessional. Well, I showed her just how unprofessional I am!

http://www.cwbbal.org

Sadly, they still advertise it as their website all over their FB page. :D
 
Tell your friend to take them to small claims court for the back fees. Do so first thing Monday morning. Let them countersue. They can't win.
 
Rocco said:
Tell your friend to take them to small claims court for the back fees. Do so first thing Monday morning. Let them countersue. They can't win.
Click to expand...

That won't work if he already sent an email stating that he was crediting back the invoices.
 
No, that I can disagree with.

Because there was no written agreement in place, you can take the person to court for oral agreements.
Depending on the judge, they may ask why the site was left up so long etc etc and you only might get 1 month worth of the charges ... not worth the time IMO.

At this point, let it blow over. If he takes you to court counter for time wasted IF it even makes it to a judge.
 
ComputerRepairTech said:
Don't think so. The customer usually owns rights to any design purchased from the designer unless stated in an agreement.
Click to expand...

don't need a contract it is owned by whoever copyright is on the bottom of the page....

that being said, it can still come down for lack of paying the hosting fee, up to the customer to have a backup of the site to put it up again later somewhere else but if he screws me I am not giving him a copy of it till he catches up all payments. also wouldn't discount SEO if he is being a jerk that is a service not a guarantee. Doesn't sound like he has added fresh content and in a competitive market that is necessary.
 
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