Legal Question in Technology Law in Ohio

I am a webmaster. Recently a client entered into an agreement with a Search Engine Optimization company that has a terrible reputation and a D- rating at the BBB. This was done without consulting me. The SEO is using what google considers to be "illegal" tactics of link selling and this practice may initially bring up a website's ranking but when Goolge discovers the trick, the website may be completely removed from Google's index. This SEO company now has all of the passwords for the account. Other customers have openly complained their sites disappeared after severing their associations. The company has also damaged pages with errant code. I have tried to communicate the ramifications with my client to no avail. On Google's webmaster forum someone has suggested that I ask the client to put something in writing which releases me from any responsibility if something should happen to their search engine placement or their data. I fear that a request for such a document will result in the end of our relationship which is already on very shaky ground due to this situation. My contract states that I am not responsible for data loss due to server malfunctions and also addresses the costs for repair should someone else try to edit the pages. It does not go into sabotage by an SEO company. I guess I need to review my contracts now that I know about this nuance.

Please advise. Do you think it is necessary to ask the client for a release from any damages caused by their contract with an SEO company.


Asked on 7/01/10, 10:04 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

As an Internet Law Attorney, my recommendation would be to EITHER a) explain the situation to your customer following a thorough review of your contract by an attorney, and thereafter seek a release and waiver

or b) send a carefully but strongly worded Cease & Desist letter to the SEO company, with a copy to your customer and a "clarification" of your liabilities for there actions, or lack thereof.

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Answered on 7/01/10, 1:27 pm


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