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.

I think the biggest mistake many of us make when we set out to build a website to make money is not to think out clearly how we are going to achieve this under our given set of circumstances.

We immediately jump on whatever bad wagon promises the best opportunity and hope to be able to achieve the same results. While hope is always nice it is action that will bring results. This is why it is imperative at the outset for you to figure out what you are prepared to do and how you are going to go about doing it.

For example list your strengths and what you are comfortable doing. Then you are going to look for ways and opportunities that will compliment your strengths.

If I had done this years ago I would have been a lot more successful. What I did instead was jump on the latest greatest opportunity, then when I would get the material I would be disappointed because many of the techniques listed where not in my field of expertise.

For example it would involve me having to cold call people to make sales and this is something I hate to do. So your first objective when setting out to build a website is to build it around a subject that you have some relationship with. Basically something that interests you.

Start out broad and be prepared to be taken down different paths that may yield more positive results in other words do not be too ridged.

Research is critical the more time spent researching the better your chances of success. Visit forums relative to your topics of choice and see what people are looking for - then with this information start to structure your site.

There are many site builders out there that can help. The one I used took care of the hosting and also helped me to market the site. This was very helpful especially starting out.

To conclude figure out what you want to do then be prepared to be adaptable based upon what the market demands. Then build a site that addresses their needs and provides solutions and you will make money.

Any of us who are interested in making money online are bombarded daily with information relative to achieving this objective. Along with this it seems that everyday there is a new technique and if you do not apply it you could be leaving thousands of dollars on the table.

Many of these opportunities involve creating your own website. This way you can earn revenue using multiple techniques. And of course on the business opportunity sales pages they often say that this can be done within weeks of implementing their strategies.

While in some cases this may be true it is often more the exception rather than the rule. I do not want to burst anyone's bubble. I have been marketing online for almost four years and honestly it takes grit and determination to build a successful business on the internet.

The truth is it can be done but many factors have to be brought into consideration before you begin. The first being how many hours per day are you willing to spend to build your online business.

By the way do not be fooled into thinking that an online business does not have to be taken as seriously as an offline business. If you do not take it seriously then you will not achieve serious results.

The step to take is to outline on a piece of paper what your interests are. Then you will need to research the market online to see which way you can enter the market and make money.

In terms of building a website you need to gather all this information first. Once you find what you are looking for and have determined that you are going to build a site relative to that subject you can then look for a site builder that will help you achieve the results you desire to achieve.

The best site builders are the ones that have proven results. Secondly if you are not technically minded you want it to take care of all those details. Remember if you are busy building a site then you will not be marketing your website hence you will not be making money.

To conclude apply due diligence. Research your market thoroughly and you will achieve results.