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:
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Who is responsible for the management of the domain name system?
-
What different types of
domain names exist?
-
Who owns and manages the UK's
ccTLD (.uk)?
-
How do I register a domain name?
-
Can
I choose the Registration Agent I want?
-
Can I
register a domain name without using a registration agent?
-
What do I
need to be aware of when registering a domain name?
-
What is involved in
registering a domain name?
-
Will my name
and contact information be publicly available?
-
How long does my registration last?
-
How much does a domain
name registration cost?
-
Somebody else has registered a domain name I feel I am entitled to, what action
can I take?
-
Do I own my domain name?
-
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?
-
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
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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.