Date Posted: 8/14/19
Mark D. Gilkison aka TheDMDG.com
Sole, employed Graphic Designer of Truck House T's and sole creator of the stripped site seen here presently and the sole creator/owner of the "uncompleted" site that was once active and seen here (activated on approximately 4/15/19), and finally replaced with the mostly blank, current content (earlier starting version) seen here as of 8pm 8/13/19.
Owner Truck House T's
and any future parties he has or intends to employ to build a new, "better and amplified" site to replace these contents seen here or elsewhere on other future domains beyond www.thtgap.com.
Please note the following before reading the NOTICE section that follows below:
This post/backend webpage is now available to any and all visitors of this site (8/14/19 - if they found the "invisible" link from the homepage at www.thtgap.com). Regardless of being "invisible" this notice is now of official public record due to internet spiders and bots. Matt and other potential and contractual parties/partners (which Matt is required to notify) have now been hereby legally notified on this public domain of the following - and even moreso and officially after Matt receives my future email to him (mailed to: firstname.lastname@example.org - no later that the end of this week - 8/17/19 - a read receipt will be requested also at time of mailing to verify it was properly received and saved for future records once it it received back).
This future email correspondence will only contain simple directions to locate the link I embedded on the homepage at www.thtgap.com, which in turn, links directly to this page you are reading from now. If no read email receipt is received I will be notifying/serving him by certified mail soon after - mailed to Truck House T's, 503 S. Country Fair Drive Suite B, Champaign, IL 61821.
NOTICE TO CEASE, DESIST and COMPLY:
This notice is in regard to the former and partially incomplete website that I created that has been active for 3+ months and including all of the content that was contained within it. Shortly after you hired me, primarily as the only knowledgable and trained THT Graphic Designer, I (Mark G) voluntarily began constructing this site as a favor and at the repeated behest of you (Matt E) to replace the basic and mostly content free wordpress site that you had at the time and to help drum up business for your quickly failing business. A website you at that time located at the same domain (thtgap.com), that I was under the impression you paid someone to build, but yet somehow did not even have access to.
I always had the best of intentions and built the site to primarily benefit you and your business with the implied inference it would eventually and potentially, financially benefit my position within your company. Against my better judgement and although it (as with much of the work I've performed) fell well outside the scope of my daily job responsibilities as the lone THT Graphic Designer, I started doing backend research, making calls on your behalf to the webhost and domain holders and eventually built what I built over the course of a couple months. Your welcome.
100% of the work I performed myself, 98% of the time invested was completed, "off the clock" from my home in my downtime. Proof of this is the fact that the source files for the site have never resided on any PC or storage device beyond the secondary files uploaded to and temporarily served from your own THT webspace. In fact, the same exact site is still active, mirrored and resides in the same state it was when I brought it down on the backend of my own personal webspace and test area at an undisclosed/unindexed location as I type this - where it was primarily built then updated on the THT server after proper testing.
On one single occassion I was compensated for 8 hours of my labor performed over the course of a single weekend after I confronted you about the unpaid time I was investing in this project. Which is a drop in the bucket of the total amount of actual time that I invested. The site in its entirety, including images, code and copy (text or technical writing) was 100% original content (to THT) and supplied solely by me.
There has never since or before been any legally-binding written or verbal contract or agreement made between us that directly expresses the terms of any rights of ownership, project deadlines, just or adequate compensation or terms establishing the legal transfer of copyrights tht pertained to the work I created on your behalf and benefit.
With that said, since I have not received anything remotely resembling adequate financial compensation for my time invested nor any payments made to legally obtain the copyrights and ownership to all the digital content I created (which I still retain and physically possess all original source files for), I have opted to now return your site back to an earlier state in early construction - the equivalent product for the 8 hours of time and labor which it took to create and for which I was paid for.
Given the recent and somewhat surprising turn of events in the last 2 days, I am now legally putting you on notice and claiming all of my legal rights of ownership/authorship to all digital content I created which I possess in source form and/or including all later derivitaves based from or plagarized from my uncompensated work, persuant and in complaince with the Federal Copyright Revision Act of 1976, Article 29.
If the company that you have recently contracted/employed to create for you a "new, better, more successful and amplified" site uses or plagarizes any of the original content that I retain legal ownership and copyright to, without proper payment or compensation to possibly and legally transfer or purchase proper rights for use - this notice is your first warning. Expect immediate legal actions to be taken on my part and a proper and court ordered cease and desist letter to soon follow if any of my work is seen/used in their "new" site.
Ironically, had you invested in or willing to pay me properly for my services from the beginning, much less afford me the time, attention, and input needed (that any responsible business owner should supply in this kind of project and which I requested many times over), the site I built would by now been entirely completed and performing just as well or better than any "miracle" cookie-cutter, wordpress template site built by technically ignorant snake-oil salesmen. Which is exactly the site that it sounds like you have coming and more than happy to pay them to "build" which primarily means it will will mostly be constructed from "retasked" material, (aka stolen content and plagarized copy) from the site I built which I was never paid for.
So in conclusion, take this notice as your first warning and be sure to pass this on and properly notify the providers for your new "miracle" web solution - I 100% legally own the copyrights to all that former content that I created - and you, nor them by any legal means have any right to use any of the content (source files, secondary files or other such later derivitaves. You're right Matt, you are the owner of your business, I never wanted it any other way, but I am the owner of my own creativity, work and subsequent creative productions - ESPECIALLY without proper compensation and formal written consent to etablish or make it otherwise and it is what it is.
Mark D. Gilkison