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.

Pay for a web designer or do it yourself? Can small business owners really design a website or is it a job for the pro's?

Most consumers look on the internet before going to a store. Sometimes it is their only stop: they research, compare and buy online. It goes without saying then that for a small business to reach its potential market, it should have an internet presence.

Small business operators do not often have a dedicated IT person on staff - in the past this is the person who would be given the job of building a website. It's great news then that there are now beginner-friendly website building packages on the market which are perfect for the small business person's use.

Data is entered into your web pages as one would using a word processor - with modern easy to use web builders, there is no need to know any html whatsoever.

The tutorials provided with almost all software suppliers take the novice through the process of building a website in a non-technical, easy to understand way. Having completed the tutorial, one is equipped with more than enough knowledge to launch straight into a website build.

Not all website software programs are easy to use. Small business operators do not need fully blown web design industry solutions due to the steep learning curve. One feature to look for is a WYSIWYG (What you see is what you get) editor. This simply means you type on the page as you see it.

There are expenses involved in publishing your own website - you get nothing for nothing. Apart from the cost of the software (there are free web builders however they are more difficult to use or too basic in features), a small business (or an individual or a large company) will need to register a domain name (less than $10) and find a web hosting service (around $8 per month).

Businesses should also set up a merchant's account from an organization like Paypal (free). Having a third party handle financial transactions is always reassuring for consumers and takes away an administration burden. When an item has been ordered via your website and paid for, Paypal advises you, with delivery instructions so that you can fulfill the order or if it is an electronic delivery, this part can be automated.

In any small business time is money, and the time spent learning a new skill like website building with easy to use software must be seen as a good investment. It is possible to build multiple websites so that you can have a website network feeding a central business. This is ideal for multi-brand retailers and multi-branch operators. This degree of control will reap rewards as your business grows and you build different websites to cater to changing needs.

Because you have built and are managing your website yourself, you are able to instantly react to changing trends and new opportunities. Avoid delays by not having to wait for your webmaster to make changes. Fresh content on your website is highly desirable.

Some website programs are specifically designed to assist the business person become an internet business marketer, and as your knowledge of web design grows, the more you will value search engine optimization and site map generation tools. Having a correctly designed site map helps search engines easily match your site to search requests.

If you decide to look at other ways to earn money through your website without doing a thing, you will no doubt look at including on your site some affiliate marketing and advertisements from non compete companies.

Features to look for:

Ideally you will have an instructional video, help desk support and forums. Look for testimonials from other business owners to see how they have applied the software.

Getting started is the next step once you arrive at the conclusion that a website is no longer a luxury - it is essential!

Selecting a domain name - Domain name provides an identity to a website. It confirms your space on the internet as it denotes the name of your website that is entered by a user in search box to land on your site. For instance- yahoo.com, sujivan.org, usa.net and so on. Usually the user should opt for a domain name that ends with .com, .net or, org. These are the most common extensions used by the surfers. Many companies offer domain names at discounted rate, so keep an eye on online discounts if you want to purchase domain name at discounted price.

Web Hosting - Every website that is being launched requires a web hosting for database support and web application. Many service providers offer free web hosting service, this should be avoided and instead go for companies providing this service by taking some nominal monthly fees. Otherwise chances of the host offering free web hosting to put up their banner on your site is there which may prove harmful for your business. If the user does not have much traffic they can go for shared hosting and when increases switch on to solo web hosting traffic.

Website design and development- Next step is to hire a professional web designer to design your site. Take a note that the designer should have knowledge of HTML which is basic requirement for web designing. If you desire increased traffic to your site make sure that it is pleasant looking, fast downloadable and dynamic. Once web design part is complete then move for website development. Hire a professional web developer to develop advance functionality of your website.

Content creation - Content management and creation is one of the most important aspects of any website. It can be considered as heart of any site, as relevant information, goals, objectives, discussions, etc fall under the content category. Can you imagine any website without content? Not possible, it's the backbone of every site whether personal or commercial. The content should be to the point and relevant, devoid of any grammatical errors.

Search engine optimization - To get increased traffic to your website, it is essential that it is visible in first or second page of major search engines like Google, msn and yahoo. This can be done by search engine optimization of certain keywords that the user is likely to enter in the search box. Higher rank in the search engine lands more visitors at your website. You can hire an SEO expert or give this work to your web development company who has this facility.

Thus these were certain essential key steps for starting up a successful website. These are followed by other website enhancing tools like online marketing, multimedia designs, graphics, flash, ecommerce, database application, logo design and website maintenance.