Mark's Internet Design (MIDGroup)

Response to Customer's Statements: [redacted] hired [redacted] to develop and maintain their presence on the World Wide Web in March 2003. Since that time we have developed and maintained a website for [redacted] with no issues. In 2007 [redacted] requested a re-design of...

the current website. After the redesign was complete [redacted] reviewed the website and approved the new design. In June 2015 [redacted] received an e-mail from [redacted] (see Attachment A) After receiving this e-mail [redacted] inquired of me where the original photos came from. I responded that I could not recall where the photos originated because I had collected them eight years ago and didn’t maintain any documentation on the origination. I took it upon myself to help them in any way possible. I did an extensive search over the Internet for a solution and discovered that the e-mail received by [redacted] from [redacted] was most likely an ‘extortion letter’. I gave suggestions, via e-mail, on how [redacted] could precede (see Attachment B.) Apparently [redacted] started a dialogue with [redacted] and asked for my help with the correspondence letter to [redacted] (see Attachment C.). As [redacted] has mentioned I did all of this at no charge. My time added up to over 30 hours. I was not aware that [redacted] settled with [redacted] for $147.00. Nor was I aware that [redacted] had decided to go with a new website developer. Note it is correct that I gave them 60 days notice of my desire to discontinue our relationship which I believe was more than ample time for a new developer. On 10/15/2015 [redacted] sent me an e-mail stating "In order to proceed with this transfer, I need you to unassign my domain from the current bluehost account. Please inform me as soon as this is done so I can assign it to a new account. We can get bluehost for free since we are a nonprofit. This is what we want to do." (see Attachment D.) It appeared to me that she was getting this advice from her new web developer. So as instructed I unassigned the domain at bluehost on 10/15/2015. But apparently the new web developer did not inform [redacted] that the site would not function nor would the e-mails function because it was unassigned. I believe Ms. [redacted] did not understand the full application of unassigning a domain account (see Attachment E & F dated 10/19/15). [redacted] left a message on my answering machine stating that I arbitrarily took down the [redacted] website and as a result she was going to contact the Revdex.com and send me an invoice. To clarify the meaning of unassign a domain from a hosting account you may call bluehost [redacted] and ask any support technician. The other claim in [redacted] words: "His action caused our e-mails not to be delivered and thus impacted our business because we must take referrals by email." According to the information on [redacted] website e-mail referrals should not be made (please review the statement below). Just a quick note: On [redacted] website, we still are hosting a video that is currently playing on [redacted] website hosting at [redacted] Our Counter Complaint: On October 19th [redacted] stated "The problem was resolved by our new developer very late on October 19th." Here’s what they did; created a new hosting account at [redacted] downloaded the website that we have developed for [redacted], and uploaded that website to their account. This is a copyright violation under U.S. copyright law. There are many articles illustrating this on the [redacted] I only give three examples below. Another interesting fact I learned that the new images I purchased for [redacted] through [redacted] on 6/22/2015 are licensed to the purchaser. 1. [redacted] The question of ownership: [redacted] "Web sites usually consist of both creative material and software, so who owns the material that makes up a [redacted] site? That would depend on the contract you negotiate. Under U.S. copyright law, the creator of a work automatically holds the exclusive copyright to it. Therefore, the only way that copyright may be transferred to a customer is in a signed contract. What happens if a business does not own the rights to its Web site? If the developer goes out of business, resigns, or is otherwise unsatisfactory, your company may not have the legal right to modify the site without the developer's permission. Even if your company has worked closely with the developer to create novel site ideas, the developer may be able to resell them, perhaps even to your chief competitor." 2. [redacted] 3. [redacted] Referrals and Evaluation [redacted]l Referrals are generally taken from a wide variety of sources. Due to confidentiality issues, please do not make referrals via e-mail. Referrals can be made to our main office in Weirton for outpatient services, home-based services, and evaluations. Referrals to [redacted] should be made directly to the site director. Please go to our contact us for telephone numbers for referrals. Desired Settlement[redacted] requests that [redacted] drop their current course of action with The Revdex.com and any other entity in the future, providing no slander with current customers or future customers of [redacted] We have no desire to pursue charges against [redacted] for copyright infringement. [redacted] is currently in violation as they did not notify me that they were going to upload the website that we developed for them and claim the website as their own. We further request that [redacted] write a courtesy letter stating that they will not pursue their current course of action now or in the future against [redacted]. If they will comply [redacted]ill give them the rights to the website and images purchased from [redacted]. If [redacted] continues on their current course of action this may force our hand to seek legal action. We are sorry that [redacted] feels that contact with the Revdex.com was necessary. We had no intent to harm or disrupt our relationship with [redacted]. [redacted]