My questions for this forum concern a non-profit neighborhood association site. I took over web management from a gentleman who had set it up and was less familiar with domain names than I was (we’re all volunteers, and non-profits cannot usually afford to hire professional help—they look for the most computer literate among their bunch). The original registrant (a private individual who hosted us on his own server) has disappeared and the domain name (a .ORG domain) has expired but is listed as in reserve. I’m working with the registrar to see if we can regain ownership of the original domain (held by the association since 2001). If not, we will simply have to go with a new domain name and find a new host. That will not be too much of a problem.

Whether regaining the old name or getting a new one, the association wants to be sure that the association itself is the owner of the domain name. I know that registration requires an individual’s name as well as a company name. Which takes legal priority?

It’s been suggested that we use the name of the current President as the Registrant’s name; it would change yearly, but the “company name” would remain the same. Is this a good solution? If something happens to the President and she or he is unavailable, what would be the permissible recourses? Are there alternative strategies? Are there any legal or technical issues of significance (regarding ownership) among ORG, NET, or COM level domains?

Other suggestions? It’s a long first post, sorry, but I wanted to describe the situation, introduce myself (without violating rules about discussing my “products and services”, and—most important—thank all the posters in the forums. I’ve learned a lot about several topics in the last couple of weeks I’ve been browsing. Cheerz!

I want to hear the opinions on this too. I have a hosting client exactly like this. The "control" changes hands every year and I have a hard time getting paid sometimes.

Check out the registrant information for major corporate websites. You can use a legal entity name instead of an individual's name.

Which takes legal priority?

Neither, actually. Your question is essentially how to regain ownership and control of the .org domain name, whose registrant is that individual you said has disappeared.

What you asked is a common issue around here. Unfortunately there's no easy way to resolve it since registrars generally treat the listed registrant as the "legal" owner, no ifs ands or buts, unless that person steps forward or a court order is secured.

Getting a new domain name is seemingly more practical, as you suggested. As for the expired .org, you can wait for it to become available (assuming no one's interested) and hopefully...hopefully...re-register it brand new.

Good luck. And welcome aboard here.

Check out the registrant information for major corporate websites. You can use a legal entity name instead of an individual's name.

Unfortunately there's no easy way to resolve it since registrars generally treat the listed registrant as the "legal" owner, no ifs ands or buts, unless that person steps forward or a court order is secured.

I have some names registered as:
Firstname - ABC
Lastname - XYZ LLC
Organization - ABC XYZ LLC

So, someone would have to (somehow) prove they have authority by ABC XYZ LLC to make changes to the name.

I guess, in the case of the homeowner's association, register the name as ABC XYZ LLC and keep the login/renewal/payment info in the "Book of Bylaws" for the organization. :) This way, future leaders have the info at hand.

As a host, I still have the problem of sending invoices or renewnal reminders to some email address that isn't associated with the organization any more.

You can use company/ngo/organisation name in both (name/company)
What is the actual status of the domain, is it in grace period or has gone in redemption period?

The previous person may have disappeared, but may be he/she had filed the domain management/login details somewhere in an office file. Try to trace the person to fix this issue.

Who was paying for the domain, the person or the non-profit?
Does non-profit has any proof that the person was paying on behalf of the organisation?

Whatever domain you get, this time book it with an ICANN accredited registrar in the name of the organisation and buy hosting from some reputed company. Don't use same domain based email ID for domain's Registrant/Admin contact.

My questions for this forum concern a non-profit neighborhood association site. I took over web management from a gentleman who had set it up and was less familiar with domain names than I was (we’re all volunteers, and non-profits cannot usually afford to hire professional help—they look for the most computer literate among their bunch). The original registrant (a private individual who hosted us on his own server) has disappeared and the domain name (a .ORG domain) has expired but is listed as in reserve. I’m working with the registrar to see if we can regain ownership of the original domain (held by the association since 2001). If not, we will simply have to go with a new domain name and find a new host. That will not be too much of a problem.


If only previous webmaster is listed as registrant not even along with your organization's name, then you will not be able to re-gain control over domain unless you paid for it and can prove this. Whois information is of first priority for Registrars. Your options here are as follows 1) pay for domain and allow registrar to keep it alive without gaining access to it 2) let it expire completely and re-register it once it is available (try to backorder it though)


Whether regaining the old name or getting a new one, the association wants to be sure that the association itself is the owner of the domain name. I know that registration requires an individual’s name as well as a company name. Which takes legal priority?
It’s been suggested that we use the name of the current President as the Registrant’s name; it would change yearly, but the “company name” would remain the same. Is this a good solution? If something happens to the President and she or he is unavailable, what would be the permissible recourses? Are there alternative strategies? Are there any legal or technical issues of significance (regarding ownership) among ORG, NET, or COM level domains?


I strongly recommend to use Company's name *only* (indicate company for both). You never know what can happen and in case of any dispute Registrars try not to interfere in those ones where domain is owned by individual and comapny - so you will have to dispute ownership in court. Which costs money and causes headaches. :S

Whether regaining the old name or getting a new one, the association wants to be sure that the association itself is the owner of the domain name. I know that registration requires an individual’s name as well as a company name. Which takes legal priority?

It’s been suggested that we use the name of the current President as the Registrant’s name; it would change yearly, but the “company name” would remain the same. Is this a good solution? If something happens to the President and she or he is unavailable, what would be the permissible recourses? Are there alternative strategies? Are there any legal or technical issues of significance (regarding ownership) among ORG, NET, or COM level domains?


The registrant part should use company's name. The other parts (admin, technical and billing) are the contact person(s) who handle the domain which can be changed anytime.

AFAIK, the company/organization name takes precedence in case of Registrar Contact. Whenever an individual tries to take control or prove ownership, they need to prove their affiliation with the organization and also present official docs/letterhead of the organization.

Having said that, you may put org name for registrant's name as well as company name (as someone else suggested earlier), to ensure legal ownership remains with the organization.

As far as your current situation is concerned, PM me the domain name and I can try to help you by suggesting ways out.

Just as someone else already suggested, you should at least work with the registrar to keep the domain alive (by renewing/redeeming it, as the case maybe), rather than waiting for it to expire and then re-booking it again.

Btw, if there is a PPC page on that site already, chances are that your Registrar or their agents/partners will not drop the domain at all, rather will retain it for advertising revenues.

If your organization does not care for the name, its a different ball game then.

AFAIK, the company/organization name takes precedence in case of Registrar Contact. Whenever an individual tries to take control or prove ownership, they need to prove their affiliation with the organization and also present official docs/letterhead of the organization.
I believe that the person with access to the contact email account takes precedence.

Well, the reason I mentioned Registrant Name takes precedence is that whenever it comes to them taking over domain ownership, they are asked to submit paper documents through FAX or personally, rather than email contact.

I would say company name for both, unless you want to put Domain Manager, Company name.
Fairly easy and simple :)

Thanks to all for the helpful advice. The Board instructed me to get a new domain name and new host. I did follow the consensus and listed the organization as owner and it seems to have worked ok. As far as I know the old domain name is still fermenting in redemption limbo... Thanks for the offer to help, Zaffer!

Gorf's point of reimbursement is well taken; I certainly try to keep the books straight myself. At this point I have the domain billing sent to me and after I pay personally I invoice the association.

The Board selected name.com for the registar out of a list I submitted. They responded quickly to queries, though their registration is a bit less than intuitive.

They did make one good point that I had not thought of, and that is that there are (for them anyway) two sets of contact data: one for the account (under which you can have multiple domains), and the contact info for any given domain itself. According to them, "who ever is listed as the domain's administrator is considered the owner..." Somewhat confusingly, however, their registration form at set up says "Registrant (owner)".

I think we'll be ok though, and if not I know where to come for expert advice! Gracias, y'all (that's Texas talk)!

David

Thanks to all for the helpful advice. The Board instructed me to get a new domain name and new host. I did follow the consensus and listed the organization as owner and it seems to have worked ok.

Then you did the right thing. That can prevent this sort of thing from happening again.

Just make sure people are aware how to gain access if the one assigned to manage the domain name "moves on" to other things.

Interesting thread, I've come accross mainly, designers who bought the domain, and then gone walkies, leaving the business owner with no domain, and no site! (Normally a friend or familly member)

I know that registration requires an individual’s name as well as a company name. Which takes legal priority?

Different registrars have different policies about this. You should definitely check if it's not clear.

For example, my company always considers the organization name to take precedence, and we describe that to our customers at http://support.tigertech.net/company-name and on any page that has a space for the company/organization name.

That seems reasonable to us, but I've heard some horror stories about some other registrars. You can't go wrong checking.