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Thread: who owns the domain name?

  1. #1
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    who owns the domain name?

    i have accepted work for a client, designing a hair salon site. they came up with the name and i registered it at networksolutions but using my credit card and contact information. the price for this is included in their web cost. if it comes down to legal brass tacks...who actually owns this domain name? say for example if someone really wants the domain name and is willing to pay big bucks for it, who gets the cash?...thanks.

  2. #2
    FK M.D. pheck's Avatar
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    you shouldn't have registered it in your name. it is their money, you should not have your name on it. they should have rights to it as well.

  3. #3
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    when you say they should have rights to it as well do you mean that i also have rights to it? i use my name (my credit card) but their information.

  4. #4
    An Inconvenient Serving Size hurricaneone's Avatar
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    Re: who owns the domain name?

    Originally posted by monstermash
    the price for this is included in their web cost.
    Where's the confusion here?

    They've bought the name back from you, it is now your responsibility to sign over that domain to it's rightful owners and use the money they gave to you to pay your credit card bill.

    And if Mr. Gates comes a-knocking for said domain, they get the cash.

    I hope you can tell me it's not that simple, or else I have to ask how you manage to get dressed in the morning.
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  5. #5
    FK M.D. pheck's Avatar
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    Originally posted by monstermash
    when you say they should have rights to it as well do you mean that i also have rights to it? i use my name (my credit card) but their information.
    no, i mean in addition to the mistake you presumably made in registering it in your name, you should also not have the rights to it. that is where the "as well" came in in my meaning. there is no sharing of rights. they wanted it, they bought it, it is theirs. would you have bought that domain yourself if they hadn't asked and paid you to do it? no. it's not at all yours.

  6. #6
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    Sorry if I was unclear there, hadn't had my coffee yet. Forget I said 'as well'. Its all theirs.

  7. #7
    FK M.D. pheck's Avatar
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    Originally posted by geoffmasson
    Sorry if I was unclear there, hadn't had my coffee yet. Forget I said 'as well'. Its all theirs.
    when did you ever say that?

  8. #8
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    wow. i didn't mean to stir up such a hornets nest here. i've never had the intention of keeping any client name for myself. the question just came up because my usual method is to have the name, i acquire the name so therefore i use the clients information, but my credit card information, because they won't process my credit card for the purchase of the name without my correct name and address, so therefore, in this domain registration, i (my company) am technically the one who pays for the name but my clients information is also in there.

  9. #9
    FK M.D. pheck's Avatar
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    monstermash = geoffmasson?

    anyway, just trying to answer your question when i sign my clients up for a domain name as part of my service i always walk them through it and have them use their company card.

    i think you brought up a good point monstermash, and something that isn't discussed much on these boards. i feel that as business men and women, we need to practice responsibility and professionalism, and ensuring the client's ownership of their own domain name is one of the important ways we can do this.

    what do other boardroom members think are other ways we can practice responsibility and professionalism in our businesses? i think a list, in jacob nielsen style, would be really beneficial. ie- the 2003 top 10 list of being responsible and professional in multimedia design/development.

    it'd be cool if we "published" a list like this every year, and it'd be appropriate coming from this forum of professionals.

    just a thought.

  10. #10
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    Well ****, I think i've lost it. I posted a reply to this somewhere that said as well. At least I thought I did. :S time to get some sleep I'd say. Oh my.

  11. #11
    But, Gentlepersons, there is a whole body of law, much of it learnable in Business 201, which gives you the straight answers here.

    1) When you agree to do a website such as this, you are doing more than just selling your service as a craftsman. You are, to a limited extent, agreeing to become their agent.

    Even if a domian, or anything else, is in your name; in the end, you registered it as their agent, and are obliged to act in their interest.

    One of those duties is, "An agent may not make a contract for himself that should have been made for the principle."

    Fortunately for us, the registry companies usually give at least three contacts: technical, administrateive, and ownership, recognising that this is how we work.

    2)Note that under other circumstances, you might claim to be a partner, rather than an agent.

    For example, I might come to you and said, "Lets build and promote 'BuckeyesToEat.com'. You build it, I'll promote it." Absent any contract, a court would probably presume us partners, and equally sharing in profit or blaim (I don't believe buckeyes are all that healthy to eat).

    3) Of course, there are also trademark law issues here. If the Hair Gallery has been operating for a long while locally, they own the name locally. So they also own hairgallery.com so long as no other business cannot make a more substantial claim to the trade name.

    I'd definitely encourage anybody to take a business law class at your local community college, and take these fun questions with you.

    "I love the Law!"

    Ed

  12. #12
    An Inconvenient Serving Size hurricaneone's Avatar
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    Originally posted by ej0c
    When you agree to do a website such as this, you are doing more than just selling your service as a craftsman. You are, to a limited extent, agreeing to become their agent.
    I agree that he was acting as an agent for them, but he also later contracted to resell the domain to his clients. This sale, if done correctly and completely, should include the details of the final owners, with no mention of the original purchaser, the designer. With this purchase, I would assume that the final owners, the purchasers of the site, have made it clear they intend to take responsibility for it's support, payments, etc and by agreeing to the sale, the designer has chosen to relinquish all claim to the domain by both agreeing to the sale and accepting payment.

    And there's nothing wrong with eating buckeyes, or chestnuts. They are, when rosated, a traditional English Christmas treat, which you can buy on the street from vendors throughout the season.
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  13. #13
    The Eror Group Onionboy's Avatar
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    ive eaten roasted chestnuts from outside tower hill tube station many times leading up to xmas


    as for the domain etc, i normally run through it with the company im dealing with.
    ive only had to do it with 3 companies so far.
    most of my clients have already established themselves on the web... my work recently has been to correct other peoples mistakes and generally revamping sites.

    i normally just get them to register with a company (lets say one and one for example) then they email me, meet, or phone to tell me the username and pass etc then i upload the site and jobs a goodun

    has anyone had a bad experience from buying domains for a client?
    or getting them to buy them and hand the username/pass over?

    anyone had big issues with it all?
    fishpiracy
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  14. #14
    An Inconvenient Serving Size hurricaneone's Avatar
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    Originally posted by Onionboy
    has anyone had a bad experience from buying domains for a client?
    No, of course not. I've done it quite a few times - in portuguese, I might add.

    The only thing that would be difficult to do would be to sell it, yet keep a backdoor open so that in the event that someone did come along and offer some big cash, the original purchaser could still lay claim to the domain and catch a piece of the action.

    Infer anything you like from that, monstermash.
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  15. #15
    Originally posted by hurricaneone
    And there's nothing wrong with eating buckeyes, or chestnuts. They are, when rosated, a traditional English Christmas treat, which you can buy on the street from vendors throughout the season.
    Take his Flash advice, but not his medical!
    Yes, I've had chestnuts in New York of a Christmas season. But don't eat our Ohio (or 'fetid') buckeyes!
    http://cancerweb.ncl.ac.uk/cgi-bin/o...ion=Search+OMD
    http://hort.ifas.ufl.edu/trees/AESGLAA.pdf

  16. #16
    An Inconvenient Serving Size hurricaneone's Avatar
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    Originally posted by ej0c
    Take his Flash advice, but not his medical!
    Yes, I've had chestnuts in New York of a Christmas season. But don't eat our Ohio (or 'fetid') buckeyes!
    http://cancerweb.ncl.ac.uk/cgi-bin/o...ion=Search+OMD
    http://hort.ifas.ufl.edu/trees/AESGLAA.pdf
    Jeezus, I never claimed to be some sort of a Flashing botanist.



    Though, my English is quite good enough to know that if something has the word 'fetid' anywhere near, best not to try ingesting it.

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  17. #17

    Go Bucks!

    Fiesta bowl, starring The National Champion Ohio State Bukeyes, begins at 8 eastern!
    http://www.tostitosfiestabowl.com/

    Go Bucks!!!!

  18. #18
    An Inconvenient Serving Size hurricaneone's Avatar
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    Re: Go Bucks!

    Originally posted by ej0c
    Fiesta bowl, starring The National Champion Ohio State Bukeyes, begins at 8 eastern!
    http://www.tostitosfiestabowl.com/

    Go Bucks!!!!
    I'd rather watch the

    http://www.tostitoswithsalsabowl.com/



    Naw, I like football, but I only get to see the NFL here - plus the college rankings are an annual joke.
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  19. #19
    The Eror Group Onionboy's Avatar
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    another flashpiracy takeover it seems
    fishpiracy
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  20. #20
    An Inconvenient Serving Size hurricaneone's Avatar
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    Originally posted by Onionboy
    another flashpiracy takeover it seems
    Eagles rule!

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