Your business website is fantastic. It works so
well, ranking highly in search engines, it is beautifully designed
and the content on your site is so informative and persuasive that
the customers simply can't wait to spend their hard-borrowed cash
on your product. One day though, that website of yours might just
disappear...
We've seen it happen. If your domain (your web address, for
example mycompany.co.uk) belongs to someone else, like a
midnight web developer, a flamboyant designer darling, or a
holistic marketing guru then it is obviously their property and
their responsibility. It is not in your control and this invaluable
asset is at the mercy of another party.
What type of problems could this cause?
1) The person responsible could fail to renew the registration of
the domain on your behalf, meaning you could eventually lose your
domain. This could be for a variety of reasons (they have no cash,
the business went bust, or maybe your businesses have ceased
working together).
2) This is highly unlikely, but such is their authority over the
domain, the person responsible could point the domain at a
different website, meaning when someone looks up your web address
instead of seeing your site, all of a sudden there's something else
there!
3) A more likely scenario is that you build a new website and when
it comes to repointing the domain to the new site, you try to do
this but realise you don't actually own the domain. You try to
contact the person with authority, but they are no longer
contactable because they did it 5 years ago, you have no paperwork,
your old email account is no longer active, and even if you could
find their details, they have moved. Consequently you are stuck
with your old website... and remember the domain will need to be
renewed at some time in the near future (see point 1).
When it comes down to one of these scenarios it is going to be a
real hassle reaching a satisfactory resolution, because someone
else has ownership and authority over your domain, and essentially
it is out of your hands.
So what? I can just get a new domain can't
I...
Consider, what cost marketing a new domain, the loss of years of
search engine presence, reprinting packaging, changing the TV
advert you just commissioned.
Some might say 'We can cross that bridge when we come to it'.
It might not be an option, the bridge could have been swept down
the river a long time ago.
So who is in charge of all this domain stuff
then?
Different domains are controlled by different authorities in
different countries.
Nominet is the UK Registy for domain names, that being domains
ending .uk (including .co.uk). You might think of them as the
appointed guardian, an authority on, or the wholesaler of uk
domains. You can't buy domains from them directly, you need to
purchase them from a Domain Registrar, for example someone like
1and1, 123-reg, Webfusion, Dataflame etc... there are countless
other providers available.
Nominet have fair procedures and systems for settling any disputes
or issues with domain ownership. This doesn't mean you'll always
win your case of course, as I say they have fair systems
and procedures, so don't bother trying to claim amazon or ebay
.co.uk addresses.
The main problems arise when we look into ownership of a .com, a
.biz, a .de, or similar, ie any domains that are not registered
through Nominet in the UK. Instead the domains mentioned are
registered via different bodies in different countries. Nevermind
the call charges to the US to talk to the domain registry there -
ICANN, what are the procedures for dealing with disputes, and if it
does get awkward, how does a uk citizen exercise legal action in
foreign territory. You may need to look into contesting domain
names through WIPO (World Intellectual Property Organisation). What
a load of hassle!
Who actually owns my domain then?
Well its actually straightforward to find out if its a .uk, simply
search the web for 'WHOIS'. This will return a number of websites
where you can enter your domain (web address) and find out who owns
the domain name.
If it is a .uk you should be able to see who owns it (registrant),
which domain provider it is registered with (registrar), and when
it is due for renewal.
With other domains you may or may not be able to see the above
mentioned detail, for example with a .com the WHOIS record doesn't
have to show the domain owner's details.
BEWARE, if you OWN your domain.
If your name is down as the registrant then legally any transfers
or changes to the domain will need to be (should be) authorised by
you. Great on the face of it, but you must also check the contact
details held for you. One example might be the domain provider
responsible tries to contact you when the domain is due for
renewal, but the contact details are wrong, therefore you miss the
email and miss out on renewing the domain... it then becomes
available on the open market and someone else snaps it up.
BEWARE, if you DON'T OWN your domain.
If you don't own your domain, someone else has ultimate control
over it.
I dont own my domain! OMG!
Don't panic! That midnight web developer, flamboyant designer
darling, or holistic marketing guru you appointed is probably a
thoroughly decent, responsible person, if you just kindly ask them
to talk you through how you could transfer the domain over to
yourself, there is a good chance that they would see no problem in
doing this whatsoever.
If after a time they refuse to do so, or if they prove
uncontactable, and if its a .co.uk then you may wish to consider
looking at contacting Nominet and seeing if they can help you. It's
best to start with a phone call to them and it may turn out that
you need to go through their Dispute Resolution Service
(DRS).
If its a .com, .biz or .net, then disputes will be dealt with in
the US and you may need to go through ICANN's Uniform Domain-Name
Dispute-Resolution Policy (UDRP). For any other domains in other
countries you will need to go through the relevant bodies and
processes.
If this fails then you may need to consider legal action to obtain
what you believe is your domain name, and at this point you weigh
up the cost of legal action and potential outcomes of this, against
the costs and implications of changing domain name
altogether.
Please note that on the nominet site they say for every 2000
domain names, they have a dispute.
Going by these figures there is a good chance you might expect the
current owner of the domain to assist you in transferring ownership
of the domain to you.
Just be sure to make contact with the owner of your
domain, sooner rather than later.
Samuel Manley is the Multimedia Designer at Aawen
Design Studio, Cornwall, UK, working on projects from design for
Print and Web, to front-end Web development and on-page SEO.