To receive a copy of this article to use on your website or in your newsletter just send me an e-mail at
Put "Article Request: Own Domain" in the subject line.

Most people assume that because they paid to have their domain name registered that they own it, but nothing could be further from the truth. The distressing truth is that the person who paid to register a domain name has nothing to do with who owns it.

The owner of a domain name is the person or company listed as the "Registrant" when the registration form was submitted to the registrar. It's very common to have the website designer or Internet Service Provider (ISP) listed as the registrant. This means that they are the legal owner.

I was recently updating a website for a florist in town and found out that her ISP was the legal owner of her domain name. I told her what steps she needed to take to get her domain back. She followed my advice and turned out to be one of the lucky ones who had an ISP that was willing to list her as the Registrant. Even with this level of cooperation she had to make several calls, fill out forms, send faxes and jump through a few more hoops. The entire process took several weeks, which was fast when compared to similar situations I know of.

So, how do you know who owns your domain name? Simply go to WhoIs (www.WhoIs.com) and enter your domain name. You will be taken to a new page, and at the bottom you want to click on "Whois Lookup." This will open a popup window that will give all the contact information for the domain name you entered. If you are not listed as the "Registrant Contact," then you don't own your domain name.

Be sure to check any contracts you have signed. A website designer or registrar may have in their contract that they own the domain name. If this is the case don't worry, all is not lost. Be aware that if a person is listed as the Registrant, but they are acting as an agent of a company, then the company still owns the domain name.

At this point you have several options, assuming that you want to be listed as the Registrant.

1. You can contact the person or business listed as the Registrant and ask them to list you as the Registrant. They may do this with no more than your e-mail or phone request, or they may fax a form to you that you must fill out and fax back to them.
2. You can contact the Registrar that your site is registered with (this is usually listed in the popup window at "WhoIs.com") and prove to them that you are the owner of the domain and should be listed as the Registrant. You will meet some resistance, which is good. You don't want just anyone to say they own your domain name and be listed as the Registrant. You will need to show receipts for when you paid for the site and other documentation, including any correspondence between you and the person listed as the Registrar. Expect this process to take a while. It could be days or weeks. A month or two would not be uncommon, and expect to make a lot of phone calls and e-mails.
3. If you need to pull out the big guns because nothing has worked, then you must contact the Internet Corporation for Assigned Names and Numbers (ICANN) (www.icann.org). They are a nonprofit organization and are responsible for the management of the Internet domain name system, as well as other aspects of the Internet. You can find out more about ICANN (www.keytlaw.com/urls/udrp.htm)

Dealing with ICANN isn't cheap. Each provider sets a fee for filing a complaint. The fee varies depending on the number of panelists and the number of domain names you are filing for. The price averages between $1,250 and $6,000. This doesn't include attorney fees.

As you can see, things can easily get expensive, and you are fighting an uphill battle.

The best solution to this problem is to prevent it from happening in the first place. You can do this by registering your domain name yourself. It's usually pretty easy and involves nothing more than filling out an online form at a registrant's website.

You should be sure to list yourself, or your company, as the Registrant Contact. It's also a good idea to list yourself as the Administrative Contact, Technical Contact and any other contact listed on the registration form.

As a side note, you should expect to pay about $15, or less, a year to register your domain name.

So check WhoIs for your current domain name, or register any new domain name yourself. As the saying goes, "An ounce of prevention is worth a pound of cure," and as I mentioned above that "Pound of cure" can take a lot of time and money.