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DOMAIN NAMES
Domain Name Issues

A company's domain names are the online equivalent of its traditional office or retail outlet locations - it is crucial that users are able to find your sites easily, without being directed to competitors or similar addresses on the internet. So, finding, acquiring and managing website domain names effectively is vital for any business with a presence on the Web. This section answers more on:

  1. Who is responsible for the management of the domain name system?
  2. What different types of domain names exist?
  3. Who owns and manages the UK's ccTLD (.uk)?
  4. How do I register a domain name?
  5. Can I choose the Registration Agent I want?
  6. Can I register a domain name without using a registration agent?
  7. What do I need to be aware of when registering a domain name?
  8. What is involved in registering a domain name?
  9. Will my name and contact information be publicly available?
  10. How long does my registration last?
  11. How much does a domain name registration cost?
  12. Somebody else has registered a domain name I feel I am entitled to, what action can I take?
  13. Do I own my domain name?
  14. What should I do if I receive an approach saying that if I do not pay a fee, my domain name will be sold to somebody else?
  15. Pressure selling tactics

Who is responsible for the management of the domain name system?

The Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for a range of technical aspects of the internet, including the co-ordination of the assignment of domain names. For more information on ICANN see www.icann.org

What different types of domain names exist?

The Domain Name System (DNS) allows for the registration of domain names within a number of registries known as "top level domains" (TLDs). Today, TLDs fall into two broad categories:

  • Generic top-level domains (gTLDs) which are .com, .net, .org, .info, .name, .aero, .biz, .coop, .museum
  • Country code top-level domains (ccTLDs), such as .uk for the United Kingdom. There are also some ccTLDs such as .tv which are used because they have marketing value even if the use to which they are put is not relevant to the country (in this case Tuvalu).  A list of ccTLDs can be found at http://www.iana.org/cctld/cctld-whois.htm

While both categories of top-level domains work in much the same way technically, the rules and policies for registering domain names and how the registries are managed vary significantly between gTLDs and ccTLDs. For more information on the structure of the DNS see  http://www.internic.net/faqs/domain-names.html.

Who owns and manages the UK's ccTLD (.uk)?

The UK's ccTLD (.uk) registry is owned and operated by Nominet UK. Nominet is a not-for-profit, private sector organisation based in Oxford, and it operates .uk as a trustee on behalf of the UK internet community. It runs and manages the top level (.uk) and seven second-level domains under .uk (.co.uk, .me.uk, .org.uk, .plc.uk, .ltd.uk, .net.uk and .sch.uk). The other second level domains (.ac.uk, .gov.uk, .nhs.uk, .police.uk, .mod.uk) are run by other specific companies and organisations.

How do I register a domain name?

Domain names are generally registered through a variety of different "registration agents", sometimes called "registrars". Typically these are internet service providers (ISPs), or specialist companies, who can offer bundled services, such as web design and hosting, in addition to basic registration services. Registration agents act as intermediaries between the registry and the domain name holder, taking most of the technical hassle out of registering and running a domain. A similar (real world) example of the use of agents is when you use an independent travel agent to book a holiday. As an alternative to booking directly with the holiday company you deal with an agent instead.

Can I choose the Registration Agent I want?

Yes, but this will depend on the type of domain name you wish to register. There are many registration agents in the UK who, as members of Nominet, are able to register .uk domains on your behalf. However, Nominet does not control or regulate the full range of services provided by its members or their various business models.

The registration process for gTLDs works along similar lines, however, in these cases ICANN or the gTLD registry accredits what are called "accredited registrars" to carry out the registrations on their behalf.

In all cases, you should shop around to find a company which provides the service or range of services you need. But check carefully the exact nature and price of the services they are offering. Further information is available at http://www.nominet.org.uk/howto/choosing-isp.html

Can I register a domain name without using a registration agent?

Yes, it is possible to register a domain name without using a registration agent. However, it requires a certain amount of technical knowledge. It can also prove to be a more expensive option than obtaining a domain name through a registration agent, as they will have access to the registry's automated systems, enabling them to register domain names more quickly and cheaply.

What do I need to be aware of when registering a domain name?

You should always make sure that your registration agent registers your domain name in your business's or your own name, which will make you the domain name "holder" or "registrant" and give you the necessary authority to make subsequent changes to the registration.

When you register a domain name, you are actually entering into a contract with two separate organisations. Firstly with your registration agent, who has registered the domain name on your behalf. You should ask to see copies of their Terms and Conditions for Domain Name Registration, which should be provided on their website or in paper form.

Secondly, you are entering into an agreement with the registry, in the case of .uk this is Nominet UK. Your registration agent should make you aware of Nominet's Terms and Conditions, or alternatively you should refer to Nominet's website at http://www.nominet.org.uk/terms.html

What is involved in registering a domain name?

For a domain name registration to take place, your chosen registration agent will require specific contact information from you. It is vital that you keep this information up-to-date throughout the life of your registration.

As the registrant or holder of the domain name, you will be asked to provide a contact name and address which will be shown on the public register. A registrant can be a company or an individual. However, in the former case, there must be a named personal contact within the organisation. Nominet will also require other details, such as the type of organisation, and a telephone number and e-mail addresses, these are not shown on the public register.

Your registration agent will also be asked to specify administrative, technical and billing details for the domain name. These functions are normally fulfilled by the agents themselves. Once the application has been received, accepted and processed by Nominet, the domain name will be available for use by other internet users, who can then access your website by name and use the name in email addresses.

Will my name and contact information be publicly available?

In the vast majority of cases the answer is yes. All companies who register a domain name, and subsequently trade online, will have their registrant name and address details published on the WHOIS database. WHOIS is a lookup service that allows people to find out whether a domain name is registered and if it is, by whom it is held. It also enables domain names holders to ensure that the registry holds accurate and up to date contact details. Other details such as the name of your registration agent will also be published. This is to improve consumer confidence for buying online, as it proves that sites relate to specific companies. It also enables easier contact to be made with domain name holders if disputes or problems arise. Essentially the rules for trading online are similar to those in the offline world, where, before you start trading, you need to register company details with Companies House.

However, in .uk, the rules for non-trading individuals are different as they have the option to opt out of having their address posted on the WHOIS database. If you are a non-trading individual and you do not wish to have your address displayed on the WHOIS, please contact your registration agent who can arrange for you to opt-out. Note that individuals who are trading are not permitted to opt out. For more information on the process in the UK, click http://www.nominet.org.uk/whois.html

There are a number of websites set up providing links to WHOIS databases for both gTLDs and ccTLDs. Click here for an example.

Remember that the WHOIS service helps you to check that the registry has the correct information for you.

How long does my registration last?

This will vary between registries, but a common timescale would be two years. Under normal circumstances, the current registrant has the first right to renew their domain name registration as long as they have not breached the terms and conditions of the initial agreement, and that no other source has proved they have better entitlement to that particular domain name. Your registration agent should send you a notice that your domain name is due for renewal. However, you should also make a note of the date on which your domain name is due for renewal.If you fail to renew your domain name, you could risk losing it altogether.

How much does a domain name registration cost?

Each registration agent sets the price it charges for registering names, and prices can vary significantly between different agents. In addition, some offer discounted or free registrations in connection with other services, such as web hosting.

Within .uk, Nominet makes a flat charge to all registration agents alike. Nominet also has a separate fee to direct applicants.

Somebody else has registered a domain name I feel I am entitled to, what action can I take?

Most domain names are allocated on a first-come first-served basis, however, disputes may arise when another party feels they have a greater right to use a domain name. Nominet has a Dispute Resolution Service (DRS), as a method for resolving disputes in the .uk Top Level Domain. Further details can be found by accessing http://www.nominet.org.uk/ref/drs.html

The registrars for the gTLDS .biz, .com, .info, .name, .net, and .org follow the Uniform Dispute Resolution Policy (UDRP), developed by ICANN. Further details concerning the procedure can by found at www.icann.org/udrp/udrp.htm

The procedures noted above do not replace the role of the courts and complainants are entitled to follow the legal route if they wish.

Alternative domain names

Alternative domain names are any names whose top level is not registered in the "legacy" root server. The legacy root server is where most browsers look when an internet user does a search or types in an address such as internetaddress.co.uk. Legacy server names are the ICANN approved TLDs and country codes. A number of companies are selling names registered in alternative servers. To find these domains in a search or when a specific address is typed in, the internet user's browser must be modified so that it knows to look to this alternative server instead of/or as well as the legacy root server.

Some companies that sell alternate domain names have reached agreements with a small number of ISPs that the browsers, and search engines supplied by the ISP are programmed automatically to include the alternative servers. In this case, to the internet user supported by an associated ISP, it would appear that the domain name operates the same as normal TLDs. These new names do form part of a legitimate network. However, it is important to note that they will not automatically link to the mainstream internet, without specialist action being taken, as listed above. For further information, see http://www.oft.gov.uk/News/Press+releases/2002/PN+53-02+Misleading+domain+name+ads+stopped.htm

The ICANN website contains details of all top-level domains that operate on the non-modified internet. If you are offered a name you are unsure about, refer to http://www.icann.org/ for clarification.

Are there any potential difficulties in changing my domain name registration agent?

Often, domain name registrations are purchased in addition to other services such as web design and hosting. At a later date you may wish to transfer these services to a different agent. In most circumstances this process is carried out free of charge.However, some agents charge a fee for this service. When signing your initial contract you should check to see if any such a clause exists. Circumstances have arisen where domain name owners have refused to pay the release fee, which has subsequently led to their web site and email services being affected, until the payment is made.

Nominet UK encourages all its member registration agents to offer this service for free, but this may not be the case with all registries. If you have trouble resolving this situation, Nominet may be able to help you . As a last resort, Nominet may be able to enforce a change on payment of a cost-recovery administration fee.

Note that this relates purely to the transfer of the domain name registration from one agent to the other and the consequential changes of details. It does not relate to payment for other services which might have been provided by the agent.

Do I own my domain name?

If the registration agent has registered the domain name in your name, you will be classed as the "registrant" or "holder" of the domain name, which means that you have certain rights for the name for a specified period of time. This, however, is not always the case, as some registration agents enter themselves as the domain name holder, and only give rights to you to use the domain name. This has proven to be a issue where individuals have looked to change their agent, only to find they cannot because they are not the official "holder" of the domain name. It is, therefore, always advisable to ask the registration agent to register the domain name in your own name. Use of the WHOIS service (see above) will reveal the true registrant.

What should I do if I receive an approach saying that if I do not pay a fee, my domain name will be sold to somebody else?

(a) If you already use the domain name in question. When you become a domain name registrant, you receive rights for the domain 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 also have first rights on its renewal, so long as this is done within an agreed timescale, nobody else can claim ownership except through recognised dispute resolution procedures or court action. If you have any concerns, contact your registration agent or ISP.

(b) If you do not own the domain name. You need to decide how many different domain names you want to purchase, and what extra worth they may create, if any, for you or your company. This, however, may be decided by availability of names. In the first instance, you may wish to contact your registration agent, or ISP, or check on the WHOIS database. This will enable you to find out if the domain name in question is available. Your registration with Companies House, and any subsequent Trade Mark registrations will give certain rights over specific domain names, but are not guaranteed. There are rules against companies or individuals purporting to be you, this is known as passing off. Alternatively, if a domain name is registered with you or your company's details you may be able to retrieve it. But remember, in the real world, companies with very similar names are still permitted to trade quite legally at the same time.

Pressure selling tactics

There are a number of dubious domain name sale and resale techniques, which could be confusing for existing or potential domain name registrants. Some of this activity is actually illegal. The Office of Fair Trading, your Local Trading Standards Office, or Nominet may be able to help, and would certainly like to identify any patterns of such activities.

One technique 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.By paying this invoice you can inadvertently change the company dealing with your registration (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.

Another is when a company contacts you and offers you the registration of a domain name which is similar to your existing trading or company name. They falsely warn you that someone else is trying to register "your" name and that from the goodness of their heart they wish to give you first refusal. You are advised to delay responding to such requests and to check with the WHOIS to see if the domain name is already registered or not.

You may also be approached by the registrant of a domain name which is similar to you or your company's name. They may offer to "sell" it to you for a lot of money. There are several genuine domain name "warehouses" who keep a selection of desirable names either for leasing or for sale. This is not an illegal activity when the domain names do not infringe another party's rights. If the domain name offered does appear to infringe your rights then you can avail yourself of the dispute resolution services. If the name appears to be "generic" and does not infringe someone else's rights, you will have to decide whether the price asked is worth it for you. But do check if you are getting ownership transferred or only getting a time-limited lease.

In general, you should never be pressurised into registering a domain name through an unsolicited telephone call or fax from an unknown third party. Pressure-selling tactics, as in other areas of business, are rarely the practice of genuine providers. If in doubt, take your time and seek advice.