When a domain service is booked as a part of kit through a host, or by an employee, there are certain important matters to consider at this very initial stage.
The most important is how the whole domain registration process is being handled by the third party as it may land up to the ownership litigation in future. Custodial registration is a biggest problem in domain registration which involves the inability to prove the ownership right, when the domain gets registered by a third party on behalf of the actual user.
If the third party, involved in the registration process, use his name in domain registration on behalf of the user, his name gets recorded in the ICANN whois database as registrant. If, for any obvious reason, the password gets lost, the end user looses his access to email account and thereby cannot no longer reaffirm the domain name registration, take care of her nameservers or make other modifications in his domain. This is ultimately landed up to a big headache of his inability to validate his identity to the registrar for regaining the control of his account. This happens because of the ICANN policy which states that only the whois registrant has the legal power to act as a domain holder.
To avoid these hassles, one should follow the precautions mentioned below.
Domain owner is listed as registrant – Check whether the domain registering company’s name is recorded as registrant in the Whois record. If the third party custodian do not list the name of the owner, and instead records his own name, then legally the owner has no rights to the domain.
Get hands on user name and password – The username and password manage the customer account for the domain are provided by domain provider. If any third party creates the account, he should be insisted to give the username and password to the domain owner. If the owner manages the domain through his own customer account, he doesn’t have to worry about the ownership dispute in future. Also, he will not have to face the problems with his web designer of not implementing the required changes, he asks for. If the custodian slops to part the information, and instead demands that he registered the domain using an account that contains other domains on behalf of other clients, request the custodian to move the domain to another separate account. All these are well maintained by domain booking company.
Contract with the Third Party – This may sound extreme, but if the domain owner gets stuck in a holding, conflict with the third party who either roguishly or heedlessly records his own name as the Registrant in the Whois record, the domain owner, by the power of his contract with the third party, may move to the court and file a suit against the custodian.
Pay from the owner’s account – If the domain is paid for by the third party’s billing information, it’s going to look like that the owner is trying to hijack the domain from that third party. If the domain is paid using the owner’s own billing information, it will help to substantiate his claim that this is indeed a custodial registration situation.
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