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iranfromthezoo · Jul 22, 2006, 02:56 PM

Okay so I know I should probably post this in the web forum but did not know if this went there. I have a website www.bythetree.com....heres the deal the guy who worked on it and all is a jerk and really doesnt want to give it up but will not update the website at all...now the band paid around $1,000 for this. is there any way we can get the domain back?

analogika · Jul 22, 2006, 03:42 PM

Do you have a written contract?

And why isn't the domain registered in YOUR name?

loki74 · Jul 22, 2006, 05:58 PM

hes totally right...

You should probably NEVER spend that much money on a service unless you have a written contract... (well, at least I wouldn't design anything for that kind of money w/o a contract). if you don't have that, I'm not sure there's much you can fall back on. You could try to say that you've paid for services not rendered, but then again, he did make the site--so unless theres something that says you get the domain too, well... that would be the service rendered.

If you don't have anything on paper, well I'm assuming he doesn't either. So perhaps you could go to your own site and save ALL the content and pages to your HD, and put it up on a new domain/host....and I don't think theres much he could do about it (like I said, unless he has an agreement on paper). I know it would be quite a chore to do (especially if he has external javascript or css files or whatnot), but if you really want it... I think it is possible. I mean, once you have all the site files on a different domain, he'd have to be REALLY vindictive to make the effort to ensure that you dont get the normal domain once it expires.

Well, best of luck to you! hope I could be helpful...

CMYKid · Jul 22, 2006, 06:31 PM

it's flash, so it's gonna be less simple than just saving the pages down and uploading it elsewhere. it SAYS its not the official site or whatever, I'd think you should have a good bit of luck posting an updated site on yoru myspace that directs people to a new one.

have you asked him about transferring JUST the domain? You could ask about that and leave out anything about wanting a new site. He cant be THAT professional, he's still putting recommended resolution on the enter page. still putting an 'enter' page for that matter.

iranfromthezoo · Jul 22, 2006, 06:53 PM

yeah I understand...see it is not anything I am a sprt of. I just came on with them as their internet/marketing/merch guy and they were wondering...and no the guy cannot be professional at all and I don't really understand. He won't give the band the domain back or anything and they did not sign a contract I don't think because He was their manager at the time. And now people are going to the www.bythetree.com and getting a not updated site and he won't allow me (the new web guy) any access or anything after we`ve talked on the phone and the reason was He owns the site and I was like dude I will buy the site back from you and he wouldn't even do that.

It expires on Jan. 24 of 2007 do you think I can park it before he renews it?

loki74 · Jul 23, 2006, 01:11 AM

Originally Posted by CMYKid

it's flash, so it's gonna be less simple than just saving the pages down and uploading it elsewhere.

yeah... you'll have to get into the source, copy the URL of the flash, open it directly, and then save it from there...

ie I went to http://www.bythetree.com/swf/index.swf and hit "Save Page As" and the flash is now on my HD. Well, it was a few seconds ago anyway... you get the point.

Theres also the added layer of complication that he has a frame which holds an HTML file which has the flash embedded, as opposed to embedding the flash directly. So thats 3 files for the one page. But it doesn't look like he has a whole lot of other HTML, so once you get those 3, all the images, and the intro page... you should be mostly set.

As far as getting the domain before he renews it... well it depends how badly he wants to renew it. If he REALLY wants to renew it, you'll have to jump on it the second it expires. IIRC they will pre-emptively remid you that your domain is about to expire, so I wouldn't count on him forgetting. But who knows, maybe by then he won't care?

And he thinks its his site, eh? So in his mind you paid him 1,000 bucks to build himself a site that just happens to be about you guys... that is why you need a contract my friend!

Originally Posted by CMYKid

He cant be THAT professional, he's still putting recommended resolution on the enter page. still putting an 'enter' page for that matter.

true, true. Although the flash did seem rather polished. I wonder if he used some template...? I know he didn't do any of the JavaScript, so... hmm. oh well, lol.

Anyway, I really do hope this goes over well for you... if not, well at least you learned a valuable lesson, (to bad it cost 1K dollars though

)

analogika · Jul 23, 2006, 04:49 AM

If he *really* wants to be a dick about it, send him a bill over $1000 licensing the hitherto unauthorized use of copyrighted, unlicensed material.

He owns neither the rights to the music on "his" site, nor the pics.

If he wants to keep the site but removes all copyrighted material, then register bythetree-music.com and move on. Let it be a lesson to the band.

If he doesn't remove the copyrighted material, sue him, but offer the option of a domain transfer.