Hi,

I came accross this :-
http://www.webspaceuk.com/packages.php
It says that you get a free domain with all packages but the first.

On this post -:
http://www.webspaceuk.com/viewtopic.php?t=29
It says that they own the domain for the first 6 months. I was told that part of ICANN's policy was if it was a free domain, the client owned the domain. This is what I was told by a friend. What I want to know is if it is legal to do this and withhold the domain from a client for 6 months if they cancel. I had somone come to me who was formally a client of webspaceuk and had their domain taken off them and asked me to get it back for them. If it is an ICANN offence then it will be easier to do. Please tell me if it is or not.

Yours,
Craig Brass

Hello,

I would also be interested as well as I was under full understanding this was absolutly fine because the free domains are owned by us, and the user agree's to this when they purchase their seperate hosting account, and we move the owner of the domain over to the hosting account owner.

I was told this was fine from some one else in the hosting industry.

Just so you know Craig, the client is still a client of WebspaceUK and we did not sell his domain. We simply suspended his site and pointed the domain somewhere else.

Please let us know, as this is the first time someone has questioned this since it was set up (And told it was perfectly fine). I am sure the regulations have not changed, have they?

Kindest regards,

James Parmee Morris

http://www.webhostingtalk.com/showthread.php?s=&threadid=306335&highlight=domain+owned+by+host

It is perfectly fine.

Just a suggestion to the provider perhaps clarification of this should be noted in your TOS like such:

Any account(s) which are provided free domain registration are entitled to use of the domain name for x period of time and there after the domain will be transferred to said customer name and they will be entitled full registrant rights.

Mind you a domain name is never property of the registrant but instead is property of the registry and is leased to a ICANN Accredited Registrar for "use" by a consumer for duration of the lease as communicated and paid for by the registrar to the respective registry.

Ok thankyou I shall add that on aswell. :)

This issue does come up here from time to time, mostly postings from angry customers who feel that they have been screwed out of their "free" domain when they decide to move hosting.

I've never tried offering the "free domain with hosting" premium. But, if I did, I would offer a buyout option at perhaps Network Solutions $35.00 registration price. This would be so the customer could not say that the domain was "stolen" away from them and they would feel like they were offered an option.

I try to never burn bridges with my former customers and employees... Not always successful, though.

What's that old research? A happy customer will recommend you to about 1 to 2 others, but the upset customer will tell 10 to 15 others about how they feel they got screwed and why they should avoid your business.

Originally posted by NH-Benjamin
Mind you a domain name is never property of the registrant but instead is property of the registry and is leased to a ICANN Accredited Registrar for "use" by a consumer for duration of the lease as communicated and paid for by the registrar to the respective registry.

while that is true, the point here is that webspace is the registrant and it appears that they are simply allowing the use of it to their clients.

shouldnt matter who is USING the name but rather who is PAYING for and registering the domain name.

hosting companies who offer free domain registration and force a transfer out fee wont last in business, so many people left them and posted a bad feedback which might effect the company reputation.

i believe if the domain was free it should be included in the fee paid for the hosting account.

Hello,

Well, I think what I do is fair. Unlike what other companies do, I actually give them full control of their domain after the 6th month of hosting (Meaning they own it and can do what they wish with it). Many other hosts simply keep it under their name and charge a fee to persuade them to stay.

If the user cancels their hosting on the 3rd month for example, we refuse to give the use their domain free, we simply ask them to pay for the basic charge of a domain with us (http://www.domains.webspaceuk.com).

I think this is totally fair, what are your thoughts? :)

Kind Regards,

James Parmee Morris

We are missing a big point here....

Why would you want to have your domain prior to the 6 month period?

Is there a reason.. because I did not read any complaint about their service..... then assuming this guys are giving you a good service ... why you want that Domain prior to your agreeing first contact....

Originally posted by WebspaceUK
Well, I think what I do is fair. Unlike what other companies do, I actually give them full control of their domain after the 6th month of hosting (Meaning they own it and can do what they wish with it). Many other hosts simply keep it under their name and charge a fee to persuade them to stay.

If the user cancels their hosting on the 3rd month for example, we refuse to give the use their domain free, we simply ask them to pay for the basic charge of a domain with usI think that is a fair deal, James. I don't see how people can complain about that, assuming that it is very clear when they sign up that that is the deal.

Originally posted by jcrespi
We are missing a big point here....

Why would you want to have your domain prior to the 6 month period?

Is there a reason.. because I did not read any complaint about their service..... then assuming this guys are giving you a good service ... why you want that Domain prior to your agreeing first contact....

Because it is a free domain.

I could have 100's of people get hosting and the free domain and go straight away and cancel and take the domain with them.

This is all clear at signup :)

Originally posted by Bashar
hosting companies who offer free domain registration and force a transfer out fee wont last in business, so many people left them and posted a bad feedback which might effect the company reputation.

i believe if the domain was free it should be included in the fee paid for the hosting account.

This would be the first time that I haven't agreed with you Bashar:)

We offer discounted as opposed to free domains and clearly state what happens should the client decide to move elsewhere for hosting. The outcome is the client has the domain 'pushed' to them and as a requirement of the ETP that transfer requires payment of the full registration fee. It's a fair system and in no way are we forcing a transfer out fee.

We do this for the obvious reason that some - not all clients will and have transferred out after 60 days.

We believe that for us to sell hosting the client must first have a domain so why should they pay thru the nose for it :)

Originally posted by LaurenStephens
while that is true, the point here is that webspace is the registrant and it appears that they are simply allowing the use of it to their clients.

shouldnt matter who is USING the name but rather who is PAYING for and registering the domain name.

While on the customer's point of view that should be
the case, on the registrar or reseller point of view,
because of the possibility that at least 2 individuals will
dispute ownership of the name, the legal owner of the
domain is whoever is listed as the registrant - no
matter who paid for it.

The truth is, anyone (even those totally unrelated to
the domain) can pay for it. The only limit to paying for
the domain is if the registrar or reseller places limits on
it (i.e. only admin contact on record can renew but
must log inside first).

Great posts here, guys. James, I think your offer is fair,
considering how much you actually "invest" in providing
such offers. ;)

I know what you mean, 4solutions. Unfortunately the
customer doesn't have to understand how the
whole thing works, even if they did or didn't read the
TOS/SA.

Thus, if they feel they're screwed, they're sure to get
word around.

Ain't life unfair? :D