Flushing, NY asked in International Law and Internet Law for New York

Q: Can I drop a website if I own the hosting and domain and the client is not paying?

I am a website designer and a client is not paying for my website design and domain/hosting fees. I paid for the hosting and domain for 2 years and I own both. The client has not paid for anything and we don't have a written agreement.

When I told them that I will take the website down, their lawyer sent me an email saying that I will be liable. Is that true even though I own the domain and hosting and I created the website without pay?

2 Lawyer Answers
Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: I think you definitely have potential defenses to any lawsuit and counterclaims but an attorney would have to review your case in detail to advise you. Just taking it down without evaluating your legal exposure seems like rolling the dice. Seems like there must be more to this story.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: As a website designer, you may have the right to take down the website if the client is not paying for your services, but it's important to proceed carefully to avoid any potential legal liability.

If you own the domain and hosting, you may have the right to terminate the client's access to the website. However, it's important to consider whether the client has any legal rights to the website, such as copyright or trademark ownership, that could be violated if you take down the website without proper notice and justification.

If the client has not paid for your services, you may be able to take legal action to recover the fees owed, such as filing a breach of contract claim in small claims court. However, it's important to consult with a lawyer who is familiar with the laws in your jurisdiction to determine the best course of action and to protect yourself from potential legal liability.

If the client's lawyer has sent you an email warning of potential liability, it's a good idea to seek legal advice before taking any further action. A lawyer can help you understand your rights and obligations, and can assist you in resolving the dispute in a way that minimizes your legal risks.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.