Legal Question in Business Law in Massachusetts

business and a web site

A year ago, friends were opening a

restaurant. I built a web site to

publicize it (on my own), then let my

friends know. They loved it, and

started providing info to put on it.

Then 6 months ago, they started

being bossy and abusive, yelling

when they were stressed out about

other things. Last week, it

hit a fever pitch, and I hung up the

phone because of the yelling. They

called back, said they'd forget I hung

up on them. I said that I did so for a

reason, that they must treat me with

consideration and respect.

A few days later they wanted to take

over updating the web site. I didn't

want to deal with any of it (they

don't know how to code, it's my

registration/hosting/security), so I

took the site down. Now they show

up on my doorstep and threaten me

with litigation for disrupting their

business.

They never paid to register or host a

domain. They never paid for

anything. Every once in a while I

would get a free meal at their

restaurant, but I couldn't count on it.

Anything illegal?


Asked on 7/07/09, 8:41 am

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: business and a web site

the rules of engagement depend on any written agreement; in its absence the issue of illegality depends on any contest between who is believable. Illegality is not the issue.

You need to consult an attorney.

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Answered on 7/08/09, 10:24 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: business and a web site

The issue is whether you should be paid under a theory of quantum meruit or implied contract;))

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Answered on 7/12/09, 11:28 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: business and a web site

I don't believe that you are doing anything illegal by shutting down your private website.

My one concern is that a creative legal argument could be made that: once you began to routinely offer a service (internet development) in exchange for a payment or benefits (meals), you may be prevented from unilaterally terminating the services.

You may want to retain counsel to let them know you will protect your business interests. It may also be a good time to see if they are willing to purchase or lease the domain name/registration/security from you on terms favorable to both parties.

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Answered on 7/07/09, 8:51 am


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