Attention all business owners! Do you know the answer to this question: Who gets to keep the website after you divorce your webmaster?

Just like in a marriage, it all depends on the pre-nuptial agreement (contract). Do you have one?

My personal disclaimer: Some of this information may be about legal issues; however this article is not intended as a substitute for legal advice. I am not an attorney nor do I play one on webTV therefore you should consult with an attorney familiar with the laws concerning internet and intellectual property.

Ok, now on with the story, the short version. . .

Here's the situation, for whatever reason the client decided not to pay their annual bill for web hosting services. Even though there were several attempts to reach the client the bill went unpaid for more than 90 days. As a result, the hosting was cancelled and the site was removed from the server.

Several months later the client sent this exact message: "you have my website and I need you to let me know how to get it back, like I said before I paid you money to build it so....? that money had nothing to do with hosting or anything".

Just because you paid for the development of your website does not mean you own it. There are Intellectual Property laws designed to protect the creator and to encourage the creator to create. If you hired a company they own the software development and website design produced by its employees. If you hired an independent contractor you must obtain a written "assignment" of the copyright in the commissioned work from them.

Most business owners unknowingly give their webmaster complete control over their business website. Even if you don't have a pre-nuptial agreement (contract) or own your website you can still maintain some control. While you and your webmaster are honeymooning be sure you can document the answer to these questions:

1. What software was used to develop the website?

• Exact name
• Version
• Software website

2. How to access the code?

3. Where is the code located on the server?

4. How to change the content?

• Graphics
• Text

5. How to create a weekly back up?

6. How to grant access to additional users?

7. How to obtain the master copies of your website design?

As a business owner, how many people realize their webmaster is like their spouse? Voluntarily joined for life (or until divorce), not many! Just like in marriage a prenuptial agreement (contract) is a practical solution to dealing with the risks and problematic topic of who gets to keep the website after your divorce.

Here's an analogy for you. Yesterday, I was working my butt off in the gym on the cardio machines, panting wildly with sweat dripping off me and my face as red as a beet. Not the most attractive sight, but I figure, you're at the gym to work out right? I might as well "go hard" or "go home", as they say.

As I looked around me, I could see all these people simply going through the motions. There they were, minus perspiration in their shiny new lycra and expensive gym shoes, casually walking on the treadmill or lazily turning the wheels on a bike while reading a book or glued to the TV screens in front of them. Only a few seemed to be there for the actual purpose of working out. The rest seemed to be there to check out the talent or to simply keep up the appearance of fitness, while doing the bare minimum.

Huh? I don't get it. Why have these gym bimbos paid so much money for a gym membership and all the related gear if they aren't going to take full advantage of their investment?

Then it struck me - these gymbos were just like those companies who spend thousands of dollars on a shiny new website with all the bells and whistles like graphic design, blogs, shopping carts, web analytics, the lot and then fail to take advantage of it. I see it so often, regardless of company size. Web sites that could easily be bringing in loads of traffic and revenue simply wasting away because nobody can be bothered tracking visitor activity, analyzing trends or checking for search engine compatibility and usability.

These companies are simply keeping up appearances, investing heavily in Internet technology because their competitors are doing the same. But no thought has gone into the search engine compatibility of the site, how usable it is for visitors or whether it meets accessibility guidelines. They don't look at their site statistics, they don't check for broken links and they sure as heck don't investigate why their sites aren't converting traffic into customers. What a waste!

Is your web site working hard enough for you? Run it through the following 20 point fitness assessment to find out:

- Is your site fully search engine compatible? Are all your pages being indexed by the major search engines?

- Do you track your visitor statistics on a regular basis? Do you use the information provided by your visitor statistics to improve your site?

- Is your web site accessible to visually-impaired visitors? Does it meet the international standards set down by the Web Accessibility Initiative (WAI)?

- Do you know which sites and search engines provide you with the most traffic? Do you use this information to increase your traffic further?

- Do you track the source of all reported errors in your site statistics and fix them promptly?

- Do you know which keywords your site was found for in the search engines? Have you conducted keyword research to determine what search terms your target markets are looking for so you can optimize for them?

- Does your web site HTML code validate to W3 standards? Do you check for validation regularly?

- Does your site contain zero broken links? Do you check for and fix broken links regularly?

- Has your site been fully search engine optimized to integrate your target search terms into your Page Titles, META Tags and visible page text?

- Have you created and submitted an XML sitemap to Google Sitemaps?

- Have you created and submitted a sitemap to Yahoo Site Explorer?

- Have you checked to see if your site meets Google's Webmaster Guidelines?

- Do you measure your visitor sign-ups and conversions on a regular basis? Do you tweak your landing page copy to increase the conversion rates?

- Is your site navigation intuitive and are your visitors following the navigation paths you intended?

- Do you encourage feedback from your site visitors and provide an obvious way for them to provide such feedback?

- Are there at least 250 words of text on your home page to satisfy search engines?

- Does your site contain a visible, text-based site map to aid user navigation?

- Do you have an ongoing link building campaign running to secure more incoming links to your site and improve your site's link popularity score?

- Does your site have a high percentage of repeat visitors? Are the majority of your visitors staying on your site for more than a minute?

- Do your search engine referrals and site traffic figures grow each month?

Unless you can answer yes to all the questions in the above checklist, your web site is not working hard enough for you and needs a workout. Get to it!

Using Coldfusion dedicated server, web developers can build multi-functional websites, content publishing systems, e-commerce websites, and a host of other things. Coldfusion is an easy to learn, user friendly, tag based scripting language which has connectivity to enterprise level data and strong in built searching capabilities, all of which helps in creating brilliant web pages.

Developed by JJ and Jeremy Allaire and released as an Allaire product in July 1995, Coldfusion along with Allaire was acquired by Macromedia in 2001, while Macromedia in turn was sold to Adobe Systems in 2005. A Coldfusion dedicated server is an application server used to develop both computer software and dynamic websites. Products in the same category as that of Coldfusion are Microsoft ASP.NET, JavaServer Pages or PHP. ColdFusion Markup Language (CFML) is the scripting language, similar in nature to JSP, ASP.NET, PHP and HTML is a brilliant and distinguishing feature of Coldfusion. Nonetheless it must be remembered that other CFML application servers apart from ColdFusion exist as does other compatible scripting languages like Actionscript and embedded scripts written in CFScript.

A Coldfusion dedicated server is generally used for data filled websites or intranets but remote services like SOAP web services and Flash remoting can also be generated using Coldfusion. Asynchronous forms like SMS and IMs can also be handled by Coldfusion thanks to the gateway interface, available in ColdFusion MX 7 Enterprise Edition.

Some of the value added services that come with Coldfusion are:

• generation of client-side code for form widgets and validation
• converting to PDF and FlashPaper from HTML
• database querying, regardless of platforms via ODBC or JDBC
• data retrieval from Active Directory, LDAP, POP, HTTP, FTP, Microsoft Exchange Server etc
• XML parsing, validation and querying
• client and server cache management
• clustering of server
• session, client, and application management
• Using Verity K2 for file indexing and searching
• Task scheduling
• GUI administration

Certain implementations of CFML allow enhanced functions like running in a .NET environment and image manipulation.