DomainOwners.org

DOMAIN OWNER RIGHTS

REGISTRATION AND DEVELOPMENT:

Domain owners have the right to:

• register and own one or more domain names
• develop a domain name at the time of registration or to postpone development until a later time (these are the same options available to owners of raw land, commercial property and/or residential property)
• develop a domain name with selected partners and third party service providers
• earn revenue from the ownership of a domain name to help offset costs of registration, acquisition, development, hosting, management and state/federal taxes
• earn a profit from the ownership of a domain name providing a positive ROI (return on investment) beyond costs of registration, acquisition, development, hosting, management and state/federal taxes
• use a domain name with a .COM extension to show commerce related materials; including the sale and/or the advertisement of commercial goods and services on websites published on a domain name
• use a domain name to syndicate editorial, advertising and other content from third party sources that have granted syndication permission
• sell a domain name for a price that exceeds the cumulative historical registration fees and acquisition costs of a domain name (these are the same options available to land, commercial property and residential homeowners that acquire developed or undeveloped property and pay annual property taxes)
• pay competitive prices for domain registrations, not prices based on unregulated monopoly power (e.g. for a given extension)
• freely move a domain name from one registrar to another registrar (domain name portability)

DIRECT NAVIGATION:

Domain owners have the right to:

• publish a website that is reached by an internet user by entering a domain owner’s registered domain name into a web browser’s address bar, via search tools or other acceptable means for locating content via a standard, well formed URI (Universal Resource Indicator)

DOMAIN HIJACKING:

Domain owners have the right to:

• register and use generic domain name without attempts by current trademark holders or trademark applicants to over-reach current trademark rights in an attempt to “hijack” domain registrants domains
• quiet enjoyment of ownership of domain name
• protection against reverse domain hijacking from entities abusing spirit of trademark registration in an attempt to obtain a domain name that owner’s date of registration pre-dates the registration date of a trademark

DUE PROCESS:

Domain owners have the right to:

• due process and fair representation in all legal proceedings regarding a domain name dispute

DOMAIN THEFT:

Domain owners have the right to:

• secure domain registration without theft
• timely, thorough investigation and action by the appropriate registrar(s) and/or registry to
  • investigate a domain name theft
  • ensure a stolen domain is returned to the rightful registrant.

DOMAIN OWNER RESPONSIBILITIES

TRADEMARK INFRINGEMENT:

Domain owners have the responsibility to:

• NOT register, acquire or own a domain name that infringes on a famous or well known trademark
• provide correct telephone contact information either via WHOIS record and/or contact information on a web site found via a domain name
• respond in a timely manner when contacted by telephone by an official representative of a famous trademark holder
• initiate a TRANSFER to an official representative of a famous trademark owner if
  • domain owner is properly notified ( see above) and
  • domain owner agrees that an owned domain name infringes or possibly infringes on a famous trademark and
  • domain owner agrees to transfer the domain name to an official representative of a famous trademark without legal action
• NOT use a domain name to publishing infringing content on a website
• NOT register domain names that contain famous trademarks unless usage is considered
  • fair use (for comparison content)
  • fair use (aftermarket or non-competitive to famous mark)
  • protected as free speech (commentary/complaint content)

DECEPTIVE PRACTICES AND “PHISHING”:

Domain owners have the responsibility to:

• NOT to use domain name to publish any website used for the collection of identifying information of individuals by false, fraudulent or deceptive practices (i.e. Phishing)
• report any suspected or known Phishing attempt to the registrar of the domain name used for the phishing attempt

TASTING/KITING FREELOADING:

Domain owners have the responsibility to:

• pay registration costs for a registered domain name
• not register a domain name with intention of canceling the registration within the five-day “grace period” (known as “domain tasting” or “domain kiting”).

DOMAIN THEFT:

Domain owners have the responsibility to:

• NOT buy, sell, lease or otherwise intent to profit from a domain name that is known or suspected to be stolen
• notify the original domain owner if a third party attempts any form of contact regarding stolen domain name

COMMON DECENCY:

Domain owners have the moral responsibility to:

• increase the utility of the Internet to the general public by providing relevant content and/or commerce related materials on a developed domain name
• NOT register or publish content on a domain name that is likely to expose children to adult and/or harmful material.
• NOT register or publish content on a domain name with the intent to profit from a specific event of tragedy, human suffering or other catastrophic events

 

Source Credits: AJ Martin and Robert A. Connor