Domain name ownership contract

**dvdrip** · 01-17-2003, 08:06 AM

Hi,
I am going to register a domain name on behalf of someone else.

We are going to have a contract in which I will state that even though the domain has been registered under my name, ....... are the real owners of the name.
What do you think the contract should include?

Has this been done before? Is this something that works?

Thanks

**DomainPairs** · 01-17-2003, 08:55 AM

You can reg it in their name and still maintain it on their behalf. I do this and it's the easiest way. If you are using your name, but are not the owner, you may be liable for any problems they cause, so you need to make sure that this can't happen somehow. You are also concealing the true ownership and this could lose you the name. Maybe one of the lawyers can comment on this.

**dvdrip** · 01-17-2003, 09:09 AM

Actually I forgot to mention it's .gr domain.
They can reg it under their names but it's a very difficult procedure.

I didn't quite understand what you say here:"If you are using your name, but are not the owner, you may be liable for any problems they cause, so you need to make sure that this can't happen somehow."
They are using it and I am the owner. It is a kind of lease but they don't want the contract to say it's a lease. They want it to say they are the owners.

**NameBox** · 01-17-2003, 09:21 AM

Is it not illegal for any foreign nationals to register or own .gr domains? Legally, you may "register" for someone else, but in your absence, and without a concrete presence in Greece or Greek nationality, they can't "register" or own the domain.

I think that other poster indicates that you would be liable (as the registrant) for any legal liabilities that the "user" may have brought upon themselves ....

"Tell it to the judge ...." as they say, in trying to "prove" that you weren't the "owner" if the whois record indicates otherwise!

**dvdrip** · 01-17-2003, 09:41 AM

No it is not illegal anymore. The rules have changed.
You can register a .gr as long as you have a representative living in Greece.

What about if the contract states that the user is liable?
Doesn't this secure me?
What happens during a lease? Isn't the one renting the domain liable?

**DomainPairs** · 01-17-2003, 01:19 PM

If you own the name and the user posts cp galleries, you'll carry the can if they are not deleted within 24 hours. If galleries are submitted to some of the big tgp owners, and are changed to cp after they have been accepted, your door is the one that gets kicked in.

Just remember, there are no ears on a baseball bat!

**dvdrip** · 01-17-2003, 06:39 PM

DomainPairs I didn't understand what you said.
What happens with the tgp galleries?

**DomainPairs** · 01-17-2003, 07:02 PM

If you submit a gallery to a tgp they review it and accept it if it's up to standard. If you change the gallery afterwards that is cheating the tgp owner. You could add popups, dialers or route it to a banned site eg. cp. If your offence is serious enough the owner will retaliate in a variety of ways. img src'ing is one, I think one guy in Turkey was shot - this is another approach.

**dvdrip** · 01-17-2003, 07:04 PM

So I can just change the nameservers and bye bye domain...

But what about the contract? Don't contracts count for something???

**jberryhill** · 01-19-2003, 12:35 AM

"What about if the contract states that the user is liable?"

I had a similar situation. You see, this guy hired me to kill his wife. In the contract, we agreed that if I got caught, then he would be liable for the murder.

He and his new wife come to see me on visitation days once in a while....

**dvdrip** · 01-19-2003, 06:14 AM

Come on...
This is like saying that if I rent a car and then I run over someone then the company that rented me the car is liable.

Nobody leases domains?

**DomainPairs** · 01-19-2003, 06:26 AM

The OP wasn't about leasing, it was about nominee holding of domain names.

Re: car rental. If the rental company says they were driving it at the time, they may be liable.

**Banned: timechange.com** · 01-19-2003, 01:06 PM

Just write up an agreement that describes:

1. who is the owner
2. who is the representative (proxy owner)
3. what obligations each party has, related to legal issues, lawsuits, etc etc.

Poio einai to domain?

**dvdrip** · 01-19-2003, 05:17 PM

Hi,
what is OP?

I don't understand what you said for car rental.
Why would they admit they are driving the car if they have rent it to me and I am driving it?

Originally posted by DomainPairs
The OP wasn't about leasing, it was about nominee holding of domain names.

Re: car rental. If the rental company says they were driving it at the time, they may be liable.

**dvdrip** · 01-19-2003, 05:21 PM

As owner do you mean the one who is on whois?

den mporw na sou pw!

Originally posted by 2003
Just write up an agreement that describes:

1. who is the owner
2. who is the representative (proxy owner)
3. what obligations each party has, related to legal issues, lawsuits, etc etc.

Poio einai to domain?

**jberryhill** · 01-19-2003, 09:24 PM

"The OP wasn't about leasing, it was about nominee holding of domain names."

That issue is expressly covered in most registrars' domain registration contracts, and it is also covered in the registrar accreditation agreement.

You might also take a look at UDRP disputes that have involved Namezero, for example:

http://arbiter.wipo.int/domains/deci...2001-0360.html
Due to Namezeroâ€™s way of operating, Namezero, although the formal owner of a huge amount of domain names, is in fact very often a screen for unnamed and unidentified "real" owners. Notwithstanding its protests, Namezero may in fact offer an easy way to infringers to violate trademark rights, yet remain anonymous. As another Panel stated in a previous Namezero case "such company [Namezero] is nevertheless responsible as the acting and registering party, regardless of the fact they were executing mandates or performing acts contemplated within their corporate purposes, whether authorized or ordered as part of their contractual obligation to their customers or by the improper act of their officers or directors.

**jberryhill** · 01-20-2003, 12:06 AM

To clarify things a bit further, the situation is not at all like renting a car. It's more analogous to YOU renting the car, and then letting someone else drive it.

It's amazing how many people do not or have not read the things to which they agree when they register a domain name.

As a domain name registrant YOU are already bound by a number of contractual terms that you cannot assign to someone else by "renting" the domain name to them.

For example, take a look at paragraph 9 of the Enom agreement:

------
9. Agents and Licenses:

You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement
--------

...and among those obligations is the acceptance of liability and indemnification of the registrar for all legal disputes arising from registration and use of the domain name.

**dvdrip** · 01-20-2003, 04:39 AM

I am a bit confused...
So leasing is not allowed for domains?

Although the rules for .gr are different...

Originally posted by jberryhill
To clarify things a bit further, the situation is not at all like renting a car. It's more analogous to YOU renting the car, and then letting someone else drive it.

It's amazing how many people do not or have not read the things to which they agree when they register a domain name.

As a domain name registrant YOU are already bound by a number of contractual terms that you cannot assign to someone else by "renting" the domain name to them.

**tassos** · 01-20-2003, 05:36 AM

check who is for ebay.gr its ebay corp usa .may be your client can be the owner even if he s not in greece, call ITE and ask them,
same for cosmopolitan.gr

**HOWARD** · 01-20-2003, 01:05 PM

Domains can be leased and have been for awhile. However, the lessor is not off the hook if someone sues due to how the domain is being used by the Lessee.