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Domain Name Ownership sanity check

Started by December 15, 2010 12:34 PM
5 comments, last by gavco98 14 years, 2 months ago
Quick question about domain names.

Person A has a domain name registered with Company A for the next 3 years. Company A offers hosting services as well, but Person A wants Company B to build and host the website, and have the domain name at Company A simply point to the hosted site at Company B.

Company A is not too happy with this, because they see it as losing business to Company B. They would rather build and host the site themselves for Person A.

Is Company A legally allowed to prevent pointing the domain name to Person A's website hosted at Company B?
Is Company A legally allowed to prevent a transfer of the domain name to Company B (until the 3 years expires, or for any amount of time) ?

I had assumed that Person A could do whatever he wanted with his domain name but now Company A is really stalling and being difficult about things and I'm wondering if theyre in the right.
You can't transfer a domain in the first 60 days after they have been registered. Other than that there shouldn't be any restrictions. You should also be able to point your dns to whatever host you want, as well as change the nameservers if you want to host the dns elsewhere.

All of this should be outlined on Company A's website.
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Thanks for the quick response, because this is kinda urgent :)

So not within 60 days of the original registration? What if its less than 60 days since it was renewed for another 3 years? That doesnt matter, right?

Are you saying if that stuff isnt outlined on Company A's website, then it doesnt apply? Or is this some kind of international law that everyone must follow?
There are definitely rules registrars must follow. Policy on Transfer of Registrations between Registrars

These seem to be the relevant bits.

Quote:
The Registrar of Record may deny a transfer request only in the following specific instances:

  • Evidence of fraud
  • UDRP action
  • Court order by a court of competent jurisdiction
  • Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
  • No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
    Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
  • A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
  • A domain name is in the first 60 days of an initial registration period.
  • A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs).


Instances when the requested change of Registrar may not be denied include, but are not limited to:

  • Nonpayment for a pending or future registration period
  • No response from the Registered Name Holder or Administrative Contact.
  • Domain name in Registrar Lock Status, unless the Registered Name Holder is provided with the reasonable opportunity and ability to unlock the domain name prior to the Transfer Request.
  • Domain name registration period time constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
  • General payment defaults between Registrar and business partners / affiliates in cases where the Registered Name Holder for the domain in question has paid for the registration.
Thank you for that.
I will check out some of the other 'fine print'.
Is Person A the actual registered owner of the domain (Check with a WHOIS lookup). I've heard some hosting companies that offer domains actually register it under their own name and then point it at your site, if this is the case then things get a lot more tricky. If it's under your own name then they have to let you transfer.
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Quote:
Original post by Monder
Is Person A the actual registered owner of the domain (Check with a WHOIS lookup). I've heard some hosting companies that offer domains actually register it under their own name and then point it at your site, if this is the case then things get a lot more tricky. If it's under your own name then they have to let you transfer.


This is particularly true of hosting companies that offer a "free" domain when you take a hosting package with them.
Gavin Coates
[size="1"]IT Engineer / Web Developer / Aviation Consultant
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