Cyberspace Robbery!

[JCP]

Cyberspace Robbery!
There are a lot of things that are unclear with websites, domains and hosting. Recently I've heard of 2 or 3 people that paid for their own domain, web hosting and had websites created- all arranged by one person. Then, due to some sort-of disagreement with the webmaster (I don't really know what happened), he/she takes the domain and site away from them. It's like the customer has no rights to the site even though they paid for it. I know I don't have all the facts, but that still sounds like cyberspace robbery!
What rights does the customer have???

[bear]

Originally Posted by JCP

I've heard of 2 or 3 people that paid for their own domain, web hosting and had websites created- all arranged by one person. Then, due to some sort-of disagreement with the webmaster (I don't really know what happened), he/she takes the domain and site away from them.

This happens fairly often, and it's reprehensible. I know of several personally, involving folks local to the Oxford/Norwich area. In one (a non-profit), they lost a terrific domain that was very much related to the service they offered, and the provider still uses it to this day as a web design company site, and the name doesn't match or fit that at all. It was just a "cool name". There was another that involved a local sports group, and the person that had set it up refused to cooperate and they lost it all, site, domain and content.
I don't do this, ever. When you buy a name, it's yours, and has your info on it (more on that below). You take it with you if you decide to leave, as that's the way it should be. Same for your content/website. If you've paid for something, it's yours, not mine.

It's like the customer has no rights to the site even though they paid for it. I know I don't have all the facts, but that still sounds like cyberspace robbery!

Absolutely, it's robbery, but you do have some recourse/rights. The following is going to be pretty long, but if anyone has questions, feel free to ask. Same applies for help in getting something back, if you're in a situation like this. Drop me a line, maybe I can help.

Domains

• If you've bought a domain, the first thing to do is check the domain "whois" to find out who's name and address is listed in the "registrant" field. That's the owner, and it should be you. If it isn't, ask your provider why, and if they will change it to your information. Don't take no for an answer, and don't let them convince you it's for any valid reason. If it's not your name, you aren't the owner, and it's harder to get it back if things go wrong.
• Get and keep a receipt for the initial purchase, and any subsequent renewals. If things go badly, this helps prove you've paid and are entitled to ownership. If they are buying the name for you (charitable), ask for a written agreement that states you keep the name if you part ways.
• Legal recourse is possible with the above. If you can prove the domain was in your name and you'd paid, most of the time the registrar (the place the name is actually registered) will help getting it back, even if they've recently changed it to their own information to keep it from you.

Designs and sites

• If someone has made a site for you, and you've paid, get a receipt. A contract or receipt is very helpful in getting your material back.
• If it's a not-for-profit site and someone has donated their time to create and maintain it, ask for a written contract/agreement to state that the content created belongs to the organization. It's never too late to do this, and a reputable provider won't have an issue doing so.
• Ask for regular site backups that you can keep on a local computer for safekeeping. These are usually a compressed file that can be generated through the hosting control panel rather simply. If you have access, you can probably make these yourself by clicking a few buttons. If things go badly, that can be used on a similar host to restore the account. I've always allowed this access when asked by non-profits, and by default with paid hosting clients. Get access, and religiously make backups at least once a week or so, or at least after changes are done to it.

Feel free to ask about any of this. I'm happy to try my hand at recovering things from those that do this, as it gives all providers a bad name. There are honest providers out there.