Domain
name scams and pressure selling
Inevitably the domain name industry has attracted some unscrupulous
operators. There are a number of dubious domain name sale and resale
techniques. Sometimes organisations register names and try and sell these
on, perhaps implying that another organisation is trying to register it.
This can be legal, doubtful or even illegal depending on the tactics used.
One
prevalant scam consists of a company obtaining the details of the true
domain name registrant and sending them an invoice just before the name is
due for renewal. If you pay this invoice, you may inadvertently change the
company dealing with your registration - in effect, your agent. You are
advised to check that any invoices you are asked to pay are genuinely from
the agent with whom you currently do business.
Avoid
pressure to register a domain name through an unsolicited telephone call
or fax from an unknown third party and remember to take your time and seek
advice if in doubt
Protecting
your domain name
If
the registration agent has registered the domain in your name then you
will be classed as the holder or registrant. This means that you have
certain
rights over the name for a specified period of time. The
only circumstance where these rights can be taken away is if it is proven
that somebody else has greater rights to the name.
As the
registrant
of a domain name you have:
-
first
rights on its renewal - so long as this is done within an agreed
timescale
-
the
right to claim sole ownership - except if challenged by recognised
dispute resolution procedures or court action
If
you have any concerns, contact your registration agent or Internet service
provider. You can
read about the
domain name dispute resolution at the Nominet UK website
and also read
about domain name dispute resolution policies at the ICANN website.
If a
registration appears to be an infringement of a trademark or an act of
passing off then you should seek formal
legal advice.
The
most frequent basis for litigation involves the practices of
cybersquatting and cyberpiracy. These terms have not yet been clearly
legally defined.
Cybersquatting
generally refers to the practice of stockpiling domain registrations in
bulk for future resale to the general public, eg some companies resell
domain registrations as a service to people who may not want to register
themselves.
Cyberpiracy
refers to the registration of well-known names with the intent of deriving
revenue from the sale of another's branded property. It also includes the
act of registering names that are confusingly similar to a famous mark or
a well-known name for the purpose of generating traffic to a web site that
would be ignored but for the user's confusion over the names.
How to
register a domain name
Domain names are usually registered through different registration agents.
These are usually Internet service providers (ISPs) who offer further
services, such as web design, in addition to basic registration services.
To
register your domain name, the registration agent will ask you for
specific contact information. Make sure the agent registers your domain
name in either the name of
your business or your
own name. This will make you the
domain name holder or registrant and will give you the authority to make
subsequent changes to the registration.
You
should bear in mind that when you register a domain name with Nominet UK
that you are agreeing to abide by its terms and conditions.
Your
registration agent will also be asked to state the administrative, billing
and technical details for the domain name. Currently the initial
registration period
is one year. The maximum registration period is ten years.
You
should check that your agent is registered with the Internet Corporation
for Assigned Names and Numbers (ICANN) or Nominet to ensure a good quality
of service. Each registration agent sets the price it charges for
registering names and prices - services and conditions can vary
significantly between different agents.
The
Register is a public register for the purposes of data protection
legislation. Once your domain name is registered, certain information
about you and your company will be in the public arena. The Register will
include your name and postal address, telephone and fax number and email
address together with other relevant details. Read
FAQs on registering a domain name on the InterNIC website.
Find a database of
.uk domain name registrations at the Nominet UK website.
For the best prices and simple & secure registration or transferring
your domain name I can thoroughly recommend UK2.net
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