On a side note, you say 'Open Source' - if you meant GPL licensed (which you don't in this context, but just to say) - then it is perfectly legal to sell GPL licensed code. Of course, you have to give them a reason why they should buy it from you and not go to the project and get it for free.
In this circumstance, it's noncommercial CC, which is a complete no-go.
Creative Commons is not the same as Open Sourcing. CC is about retaining rights, while giving other rights. Open Source (via the GPL) is about giving permission to distribute. (You can take GPL code and do whatever you want with it (modify it, use it) - whether you agree to the license or not, but you can't distribute it (or any modifications) unless you follow the GPL - note selling is allowed by the GPL).
The main reason Im going after this guy is because he charges $1500 to build the site with 1 year of support.
That's a ripp-off, I have developed for Â£5 an hour, Most of my designs cost around Â£150 total (I am talking flat site here, obviously, more complex sites require more work), including support (again Â£5 an hour, I round down and most people don't need it). I don't charge them anything extra for hosting, I just set it up for them, anything they give me for that goes direct to the host, and my designs are entirely my own work, built from scratch and written properly in valid code. Not trying to drum-up business here (well, I am, but whatever) - but if you do get a refund (I'd contact the original creator too) then I'd be happy to design a new site, and It'd be a lot cheaper. You can check my site (see sig) for more.Edited by lattyware - 6/17/08 at 2:38am