# Domain name registration—legal issue.

**URL:** <https://boards.straightdope.com/t/domain-name-registration-legal-issue/118939>\
**Category:** Factual Questions\
**Created:** [July 14, 2002, 7:06pm UTC](https://boards.straightdope.com/t/domain-name-registration-legal-issue/118939 "2002-07-14T19:06:28Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Chance\_the\_Gardener](https://avatars.discourse-cdn.com/v4/letter/c/eada6e/32.png) [@Chance\_the\_Gardener](https://boards.straightdope.com/u/Chance_the_Gardener)\
**Post date:** [July 14, 2002, 7:06pm UTC](https://boards.straightdope.com/t/domain-name-registration-legal-issue/118939/1 "2002-07-14T19:06:28Z")

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So last week, I hurled myself into Blogistan. I’m pleased with my blog, and I think it’s got potential to really take off. I think it has enough potential that I want to register a domain name for it, in fact. I checked and found that the name I want is available, so I went to [www.domainname.com](http://www.domainname.com) to register. I plugged in all my personal information but read the contract before clicking _send_. I have a problem with part of their contract, which reads as follows:

> [@](#):
>
> \*\*7. Ownership of Data \*\*  
> You agree and acknowledge that DomainName owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name databases, and all information and derivative works generated from the domain name databases. Additionally, you hereby grant to DomainName a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction (other than as set forth in Section 6(d) of this Agreement) the following information: (a) the original creation date of the registration, (b) the expiration date of the registration, © the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services. DomainName does not have any ownership interest in your specific personal registration information other than our rights in our domain name databases, as set forth in this Section 7.

What worries me is the language in the contract. I get the feeling that it says that DomainName retains certain rights over whatever data I choose to post on the site. If that’s the case, then I don’t like it. I hope I’m reading it incorrectly, but I wouldn’t want to post anything on a site that insists on retaining copyright on anything I write. The aforementioned Section 6(d) is related to the sale of my personal information to marketers, which they say they’ll also do, if they feel like it, and I’m not too crazy about that, but at least I understand it.

If anyone can interpret the above-posted legalese and either justify or dispel my fears, I’d appreciate it. Further, if anyone has any better domain name registration spots to recommend, I’d appreciate that, too. I’m not adverse to registering my domain outside the United States; in fact, I might actually prefer to do so, if it means avoiding annoying deluges from marketers…

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**Author:** ![kirk](https://avatars.discourse-cdn.com/v4/letter/k/f9ae1b/32.png) [@kirk](https://boards.straightdope.com/u/kirk)\
**Post date:** [July 14, 2002, 7:09pm UTC](https://boards.straightdope.com/t/domain-name-registration-legal-issue/118939/2 "2002-07-14T19:09:50Z")

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IANAL but it pretty much says that they have the right to resell your domain name REGISTRATION info.

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**Author:** ![black\_rabbit](https://avatars.discourse-cdn.com/v4/letter/b/f19dbf/32.png) [@black\_rabbit](https://boards.straightdope.com/u/black_rabbit)\
**Post date:** [July 14, 2002, 7:49pm UTC](https://boards.straightdope.com/t/domain-name-registration-legal-issue/118939/3 "2002-07-14T19:49:40Z")

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IANAL, but it reads on the up and up to me.

When you register a domain name, your contact information becomes public. All that legalese about the databases probably refers to their Domain Name Servers, ie, the computers that tell the web surfer’s browser where to go to find your site.

On the other hand, it sounds like they’re reserving the right to sell your contact info for marketing purposes.

Lawyers?

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**Author:** ![Kaio](https://avatars.discourse-cdn.com/v4/letter/k/c68b51/32.png) [@Kaio](https://boards.straightdope.com/u/Kaio)\
**Post date:** [July 14, 2002, 8:01pm UTC](https://boards.straightdope.com/t/domain-name-registration-legal-issue/118939/4 "2002-07-14T20:01:35Z")

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If it raises red flags, how about trying other registrars? I’m not sure if Dotster ultimately has similar language in their agreement, but I do know that they’re half the price of the “big name” registrars and have good customer service. Check with a couple different registrars and see if some other has an agreement you can live with.

But I checked Dotster’s privacy policy and they don’t sell personally identifiable information to advertisers and the like. They only share such personal info with third parties who are to provide services for you.

Although I agree, it looks like they’re just telling you that they’re retaining rights to what’s in their database… not what’s in your pages. IANAL either, but I’m not sure that they COULD have a legal claim to it when the data is hosted on a different company’s server.

[www.dotster.com](http://www.dotster.com)  
[www.dotster.com/privacypolicy.asp](http://www.dotster.com/privacypolicy.asp)

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**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\
**Post date:** [July 14, 2002, 10:09pm UTC](https://boards.straightdope.com/t/domain-name-registration-legal-issue/118939/5 "2002-07-14T22:09:42Z")

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The text is definitely talking about the registration and related info on _their_ servers. In addition to worrying about selling the info, also check if you can continue to own your domain. The sleazier companies (which are strangely the ones doing the biggest business) claim perpetual ownership of the domain name. I.e., they can take it away from you on a whim and not let you transfer it if you decide to later use a different registrar.
