Domain name ownership contract

[NameBox]

https://grweb.ics.forth.gr/english/instructions_reg_en.html


7. For Foreign Legal Bodies and Companies:
- Constitution with attached official translation or translated by a lawyer. The Constitution must bear the Apostille authorization as per the Hague Agreement..
- Power of Attorney composed by a Notary Public abroad at the headquarters of the company bearing the Apostille authorization as above, with the attached official translation or translated by a lawyer from the content of which there should be evidenced the name and i.d. of the proxy who has been authorized to sign the relevant contract with F.O.R.T.H. or a Transcript of a meeting of the Governing Council of the applying Company authorizing a member of the Governing Council or a third party to sign the contract with F.O.R.T.H. The Apostille authorization still applied as above.
- Appointment of a proxy (representative) in Greece with a transcript from the Governing Council as described above.
- The VAT number or if it does not exist, the Registry Number of the Company as evidenced from the relevant Company Registry abroad, where the company’s headquarters are located, or a relevant certificate of the Registrar responsible for the Company Registries abroad.
- Any document concerning the registration / renewal / deletion of the domain name will be sent to the postal address of the representative within Greece.

8. For Foreign Individuals:
- Photocopy of passport authorized by an official body abroad and relevant partial translation by a lawyer.
- Power of Attorney composed by a lawyer in the country of the permanent residence of the individual bearing the Apostille authorization with attached official translation or translated by a lawyer from the content of which there should be evidenced the name and i.d. of the proxy who is authorized to handle (registration, renewal and representation of the individual in matters pertaining to the domain name) the domain name.
- The representative must be a permanent resident of Greece. Any correspondence related to the domain name will be sent to the postal address of the representative within Greece.

 

[dvdrip]

I know!
Banks want less documents to give me a loan!
And I am paying for the domain!!!

 

[timechange.com]

Forthnet is the biggest bureaucrat in the Greek cyberspace. No wonder why Turkey has more Internet infrastructure both for business and universities.

 

[dvdrip]

It's not forthnet. It's ITE.
www.forth.gr is not www.forthnet.gr

 

[jberryhill]

"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. "

Bingo.

How they run things in .gr is, of course, up to them. But Howard has distilled the essential point for gTLDs.

 

[charles]

Originally posted by dvdrip 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?

My thoughts:

The difference is between documents of "title" (like registrations agreements or deeds to real property) and contracts, which are documents that create "agreements."

One: Documents of title are good against the claims of all the world. They establish "ownership," that is, the right to exclude others from use of the property.

Two: Contracts establish relations between the contracting parties, and create no enforceable rights with respect to unrelated third parties.

Three: There is another issue, that most posters seem interested in - who is responsible from crimes committed using the property? And to this there is no fixed answer. It varies from one type of property to the next. Some people have been charged with criminally negligent homicide for letting their children play with guns and killing themselves. But so far no one has been charged with killing their kid by letting them smoke tobacco.

Generally speaking, tort law is all about "foreseeability." I will be held liable for the forseeable results of my conduct in, for example, letting my friend drive a car when he is pissing drunk. It's called negligent entrustment. But if I loaned him the car at 8 a.m., when he was crystal clear sober, and he wrecks it at 3 a.m. after an all-night revel, I probably will not be found liable unless my friend was a notorious drunk.

As to who is responsible for infringement, cp, or such other nastiness -- it depends on several things:
1. Where you sue
2. Who you sue
3. What you sue for

If we're talking crime, then it's
1. Where the defendant is charged
2. The conduct and status of the defendant
3. The crime alleged

And guess what? Without answering all three questions in detail, there is no clear answer to be given!

Charles Carreon
Attorney at Law
None of the foregoing is offered as legal advice, and no attorney-client relationship is created by this posting. Online Media Law, PLLC advises clients only after forming an explicit relationship with appropriate disclosures. Please consider this material as offered solely for purposes of general education and do not rely upon it in making legal decisions. Online Media Law, PLLC

 

[NameBox]

Originally posted by jberryhill
"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. "

Bingo.

How they run things in .gr is, of course, up to them. But Howard has distilled the essential point for gTLDs.

One should also note that "acceptable use" is more narrowly defined in certain parts of the EU than in the USA for example. One should be circumspect in opening up oneself to local liability on behalf of a foreign client. I think that the Greek authorities in this case, would come looking for the local representitive first!

The concept of "limitied liability" is somewhat different as well. Its much more difficult to set up a corporate structure, with more concrete requirements necessary, than in the USA for example.

This all assumes that the use of the domain in question would contravene (or skirt) the laws or community standards in Greece. If you worry about that fact, then any "contract" may not save you from the Greek authorities.

I think that you may find the Law of Agency to be defined differently in the EU vs. the USA for example, where the "agents" rights, responsibilities, obligations and liabilities are generally accepted assuming a strict separation from his principal and no illegalities being conducted.

If the site is merely brochureware, etc., then it shouldn't be much of a problem. Remember, yanking down a site in times of trouble via changing the DNS, is not going to absolve you of the responsibility of having been "responsible" for the content for some time.

Bottom line, unless you're profiting handsomely, and are confident that the use of the domain won't contravene Greek or EU law, I'd be very careful.