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When things turn sour with your IT provider.. the EBM/Beracha Saga

Fri, 25th February 2011, 13:09

Despite the multitude of media reports and warnings over the years to have website backups, change passwords regularly, and keeping your domain name separate from your web hosting, it appears that at least 150 Baptist missionaries scattered around the world may be about to have a whole new lesson in repentance and forgiveness.

A falling-out between Evangelical Baptist Missions and its longtime web host and site designer, the Beracha Foundation based in Mainsville, Ohio, is at the center of a federal lawsuit over ownership of the missions' Web page and the vital passwords to run it. Beracha and its operators Dana and Connie Dunmyer are asking more than $152,000 to disclose the passwords so the missionary organization can resume collecting donations online and allow missionaries to access their accounts.


Leaders of the 83-year-old Evangelical Baptist Missions, headquartered in Indianapolis, assumed the organization owned its two websites. Beracha ran the sites for at least five years, and Dana Dunmyer was an officer of the organization. But when the board of trustees ended the relationship for Beracha's Web services Jan. 10, EBM discovered the websites were registered in Connie Dunmyer's name -- and the Dunmyers refused to divulge the passwords without payment.


EBM's lawsuit in U.S. District Court in Indianapolis asks the Dunmyers and their nonprofit foundation to disclose the internal network and external Internet passwords and transfer the domain name to EBM. EBM is also asking for details and documentation of any bills to justify the payment. (one has to wonder why they can not just look at the invoices)


“The BERACHA Foundation is an Ohio non-profit organization that specializes in providing information technology services and technical support to churches and organizations worldwide. Our goal to is to "Serve Those Who Serve" by providing quality IT services to non-profits” states the Beracha Foundation home page.  The Beracha site continues “for churches looking for a new church website design or an organization looking for advanced software solutions to promote efficiency, then Beracha has a solution for you. At Beracha, we don't do what you do - we help you do what you do better”.


A link on the Beracha homepage directs readers to a statement from the Executive Director. It reads in part: The Beracha Foundation (Beracha) and Evangelical Baptist Missions (EBM) had enjoyed a long term ministry partnership benefiting their mission and missionaries around the world since 2005. This contractual relationship was entered into by Beracha and EBM. EBM breeched the contract on January 10, 2011, still owing Beracha many thousands of dollars. Despite this unresolved debt, Beracha had maintained websites for EBM and their missionaries, allowing EBM to continue to conduct business. In no way were missionaries placed at risk, and in no way has Beracha interfered with EBM and their missionaries’ ability to collect and access their funds through Beracha maintained websites and IT infrastructure.


Unfortunately, without exhausting what we believe to be our scriptural mandates for handling disputes, our brothers at EBM filed suit against us in the courts. We are deeply saddened by this matter. We pleaded with our brothers not to reject the authority of the scriptures in favor of the courts fully believing we could readily work through our differences. We were surprised to find that while we were engaged in seeking a resolution with EBM, they, unbeknownst to us, were already in process of launching legal action.”


The statement from the Executive Director of Beracha more than hints that systemic financial issues facing EBM are at the root of the matter.


As numerous past stories and hosting reviews on HostJury will attest, unpaid fees and charges can quickly lead to your account being “held hostage”. EBM seeking resolution in a court room almost appears naive and a waste of court resources (as well as those who donated to mission causes). The dollar figures suggest there is more to this story than claimed by the principles involved. The websites at the center of the dispute continue to function, and it will be interesting to see whether the dispute is settled amicably, or through a further airing of what some might suggest is the “dirty laundry”


The lesson is, it's better to deal with these issues upfront, before they turn into litigation. Any organization or company that is outsourcing its website design and hosting should have a contract that will smoothly unwind a relationship at the end of the term. It should spell out who owns and registers the site.  It is also an important reminder to keep a back up of your website and to know your passwords.


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