Legal Question in Technology Law in New Jersey
Dear Law Gurus,
I have the following questions that I need help with.
I am not from the US but the things at question are related to individuals/company in the US.
1) Is a website considered a legal entity on it's own, if there is no identifiable owner or business behind it?
2) Can a contract be formed with just the name of the website or nickname used by the website?
3) I bought a website script from a website that had hidden domain information, payment was made to a Paypal account that I will call as "A" and the script was not sold as described, with features missing in them. They declared that we have to buy those features separately when their website said it was INCLUDED. What does this fall under? Paypal does not deal with intangible products so I cannot get a refund.
4) I decided to continue to use the script, but it had plenty of problems. The unidentified script seller "A" was given a restricted ftp access to fix the problems. They uploaded new files without informing us and importantly, they secretly downloaded files that contained our Username, Password and Database without asking for permission. They did not inform us of their downloads either. Is this a crime?
5) A company called "B" suddenly sprang out of nowhere one day and asked us for our verifiable information or threatened to get them from the Feds via the email address of unidentified seller "A". That company was formed 2 weeks after I bought the script and they were not around when I bought the script nor did I pay them for the script, do they have such a right to do so?
6) Company B accessed the restricted FTP account that was given to the unidentified seller "A" and secretly download data without permission. Is it wrong for company B to access the FTP account and also to download data?
7) Company B disabled my website when I did not want to reply to their demand for information. Is it legal for them to do so when I did not buy the script from that company? Is this a crime?
8) There was no announcement about Company B taking charge of the website and I think unidentified seller "A" who sold the script earlier decided to register a company after the sales was over. Am I bound to Company B?
9) Are terms and agreements secretly inserted before the incorporation of a company valid and can continued to be used on customers after the company is incorporated?
2 Answers from Attorneys
I don't believe there is any easy to to answer all of your questions without a more detailed review of your situation. We handle Internet related matters on a regular basis, so please feel free to contact my office to discuss further.
It sounds like....well, almost fraud. I would need to talk to you, and guide you as to how to deal with this. Give me a call, and let us see what is your best action against these crooks.
Robert Davies, Attorney 201 820 3460
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