A domain name is the part of the your website address after the “www.” It is used to identify an IP address. When carefully chosen, a domain name can be the most important element in your online marketing strategy. But it takes more than registering a domain name to get your digital marketing going. Understanding the legal consequences of how to register it matters a great deal. Here are a few things you should consider about domain names.
The legal owner of a domain name is the person in whose name the domain has been registered with a hosting provider or registrar. When you do a WHOIS lookup of your domain name, the database coughs up different entities associated with the name. For example, you could have a different name associated with billing, another for administration, and yet a different name under technical support. The most important element relevant to you and your business is the name under Registrant. It has to be your name or a name you have legally given permission to be used.
Because the registrant is the legally accepted owner of the domain, only that person or entity can renew a domain ownership or sell it on to another person. And so if your service provider lists itself as the registrant of your own domain name, it means they alone have said ownership and the privileges coming thereof.
The registrar, on the other hand, is the company that takes your information and does the registration for you. Many web hosting service providers do this on your behalf and will be the legal registrars. However, there are many brokers in the game who are at least a layer beneath the main registrar. Whatever the case, a WHOIS lookup should show you the company taking up that responsibility.
The registry is where the information is kept under contractual lock and key. It’s like the bank’s vault; so long as the account is registered under your name, you hold exclusive rights over its content.
To check up on the ownership structure of your domain name, you do what is called a WHOIS lookup. This gives you access to one or more databases where information regarding your domain’s registrar can be found. The WHOIS database includes all information you give at the point of registering the domain. As such, there is a contact point that will let others reach out to you in the event that it is necessary to do so.
The WHOIS database also carries information regarding the expiration and renewal dates of your domain name. Some databases carry other information about the past ownership of any given domain. In some cases, the database lets you know which other domains the current owner holds as well. This lets you know if you are dealing with a serial domain grabber, like Mike Mann.
Note that privacy policies can hide the true identities of some registrants. Contacts may also be out of date. WHOIS databases don’t verify the details domain owners provide.
As a domain registrant, you enjoy some rights and privileges that ensure you keep ownership of the domain name for the stipulated period in your contract. For instance, the registrar must provide a copy of the terms and conditions in your contract in a manner in line with best practices. This means the conditions should be readily available at the point of buying the domain and not after. The same applies to the privacy policy which should explain what they are using your information for; be sure you read and understand the privacy policy and terms of use before going on to purchase the domain name.
If your registrar is associated with any proxy or privacy service provider, the conditions should be known to you in agreeable terms. You should be able to tell the extent to which the registrar’s relationship with third-parties will extend to your personal record and information.
Being a registrant also means you are at liberty to transfer the domain by completing a Form of Authorisation. You can sell the domain before it expires or give it up for a cause you believe in.
On the other hand, you are responsible for all content associated with your domain name. If legal authorities find a domain peddling in false, incriminating activities, the registrant is as much culpable as the author of the content. And so once your name is entered as registrant, be sure to stay within legal remits of your freedom.
Domain names are traded regularly on domain brokerages across the world. They help connect domain buyers to elusive domain owners at a fee. Domain traders normally use algorithms to track expiring domains across the world, putting them at the front queue immediately the original owner is not able to renew the contract. Others fish around for catchy titles and snap them up. Then they wait for buyers interested in the names and sell them on at a premium.
To keep your domain name safe, it is advisable to register it using an email not associated with the domain name. Hijackers will quickly change the WHOIS information when they steal your name. Registering the name in an unrelated email gives you access in case you need to verify information to restore ownership of your domain.
Also, authorise your registrar to add a transfer lock to your domain name to give it a layer of security. The transfer lock prevents any ownership transfer within a stipulated time after a domain purchase or renewal. It lasts for 60 days in most cases. Keep your password strong and change it often to stay safe.
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