Who
Owns Your Website? Domain Name Disputes.
By:
Chris Behan - President, Socius Marketing, Inc.
Posted: 11-16-07
Having
helped companies market their websites for close to
10 years now, I have encountered firsthand the many
different ways some web development/marketing firms
can back their clients into a corner. From coding
sites using proprietary software that leaves the customer
no choice but to remain with the firm or start all
over again, to coding it in such a way that only their
programmers can edit the site, unethical firms seem
to be everywhere.
There is one practice, however, that truly
borders on criminal. On an ever-increasing
scale, we are finding development firms actually making
themselves the registrant or owner on file of the
company’s URL/Domain Name with Network Solutions,
Go Daddy, etc. This practice effectively steals the
domain name from the rightful owner, i.e. the customer,
and puts it in the development firm’s name,
almost ensuring that the customer can never leave
that firm. Remember, it is not just your domain name,
but your website, customers, sales, time, and effort
that the web development firm took ownership of.
In
one recent case that Socius consulted on, the customer
had its domain stolen by a marketing firm in Tampa,
Florida, and the firm refused to transfer the domain
name unless the client paid an additional $10,000
for “The Big Idea.” This is after the
customer already paid close to $22,000 for a 25-page,
static website.
Many
development firms actually defend this process, saying
they only did it to help administer the domain. This,
unfortunately, is almost certainly untrue, since the
development firm could have simply made themselves
the administrative contact of the domain, instead
of the outright owner.
Here
are a few tips to keep this from happening to you:
- Register
your domain name yourself. Do not rely on the development
firm to do it for you.
-
When you register the domain name, make sure the
company name or the owner of the company’s
name is used.
-
Register your domain name with a reputable company
like Network Solutions or Go Daddy.
-
Make sure every e-mail address you use when registering
your domain name is one that you know you will always
have. Also make sure every domain-related e-mail
goes to a principal of the company who can be trusted
to address any e-mails regarding the domain name.
This helps prevent the theft of your domain name.
-
Never give out your login and password to administer
your domain name unless you are changing hosting
companies. As soon as the new host is established,
change the password to protect your information.
-
Register your domain name for at least five years.
It is very inexpensive, and if you are serious about
marketing online, you want to do this.
If
your domain name has already been stolen by a firm,
here are some steps to follow.
- Be
nice! If they are the registrant on file,
they hold all the cards. Simply contact them and
ask them to transfer ownership. Accept their “reasons”
for doing it, and then ask them to transfer it.
Hopefully this is all it takes.
-
Be patient. It can take a few days
(sometimes longer) to get this resolved and transferred.
-
Be persistent. If 10 days have
passed, e-mail them to follow up on the transfer.
-
Be firm. If, after two weeks, they
still have not transferred the domain name, mail
them a certified letter insisting on their immediate
attention to the matter.
-
Be litigious. Unfortunately, it
may result in you having to get an attorney. Before
you do, consider what the website and domain name
are worth to you or your company. If the domain
is non-branded, new, or has low traffic, it may
not be worth it. If you need help with this, let
us know.
Important!
Once you have received possession of your domain name,
change the passwords. Use long passwords that combine
letters, numbers, symbols, and case sensitivity.
If
you are unsure about the ownership of your domain
name, you can click
here to view the current registrant information.
If you find that you don’t own your domain name,
and would like some further advice, please feel free
to contact us.
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