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.

Some people say that using a splash page as your home page is a bad idea. And that's true. You shouldn't use a splash page as your home page for search engine optimization purposes. Search engines love content, and having a splash page as your home page defeats your purpose of ranking well in the search engines, if that is one of your goals.

A splash page actually is a good idea - if you don't use it as your home page.

For example, a splash page on a traffic exchange is an excellent strategy and it's actually one of the best ways to eke out results from traffic exchanges.

You can set your splash page as an extension. For example, yourdomain.com/splash.html. Then use that for appropriate marketing channels. A splash page works well to get a visitor interested in a site because it's consistent two-step marketing. Get someone to do something, and he is likely to follow-up on whatever you tell him to do next!

So go and create a simple splash page now and use it for marketing channels like traffic exchanges, classified ads, pay per click ads etc. Splash pages are uncannily effective when the situation calls for something less cluttered and more attention grabbing. For the traffic sources mentioned above, splash pages definitely fit the mold.

Hire a graphic designer to create a snazzy graphic for you to use on your splash page. After all, the goal of your page is to capture immediate attention! You can even create a simple Flash movie or even include a video there.

How's your website, then?

I'm not asking whether it's a good site or not, but what its performance is like. Is it slow to load? Does it have problems with certain web browsers? Occasionally you'll find that code working perfectly on, say Internet Explorer, doesn't work with Firefox. And vice-versa. Any coding problems?

How should I know? Who... who cares? I hear you ask.

Because it's important. You only have seconds -- tenths of seconds, even -- to make an impression on people who come to your site. If the site isn't working, has dead links or some old code that doesn't work and leaves the site with blank areas, you can bet your life those lovely, potential customers will click away at the drop of a pixel. And more than likely they'll be clicking away to the welcoming site of one of your competitors.

Wake up and smell the Mugicha! After reading this post you no longer have any excuses for not knowing. There's a website I often turn to when I want to see how my own site is doing, performance-wise. It makes for uncomfortable reading sometimes, because it doesn't hesitate to tell me stuff I don't particular want to hear -- the site's too heavy, too many images, too many elements, you've failed at life, you're a bad, bad person... et depressing cetera. But it's well worth it.

I have no connection whatsoever with the owners of the site and this isn't an affiliate link, so click in confidence. Here it is:

http://www.websiteoptimization.com/services/analyze/

Put in the full address of your website and have a look at what it says. Pretty eye-opening stuff, eh? You didn't realise it was that bad, did you?!

I'm not particularly interested in contacting the owners of the site to ask for their optimization services, but the results I get when I check my site are very interesting. Useful, too. Oh, and completely free. Check it out.