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Can Domain Name Owner be held liable for Website Content?

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bumblebee

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Hi, if I were to rent out my domain to another person by pointing my domain name to their website while still maintaining ownership of the domain, could I be held liable for what the person does on their website?

Common sense tells me that I couldn't be held liable, because a domain name is "just the messenger", and that only the owner of the actual site (ie. the pages that reside on the server), could be held liable.

Am I wrong?

Thaaanks.
 
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.US domains.US domains
if you own something or anything, you are liable for the things you own and any consequent events that cause any damange. However you can draw a contract to make sure the renter is liable for what they do.
 
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Here's the way I see it: If a domain name owner can be held liable for the content to which it points to, then, following that same line of reasoning, any website that LINKS to that site, would also be liable. Of course, no one can be held liable for linking to another page, therefore, I conclude that a domain name owner cannot be held liable for the contents of the website it points to.

After all...a domain name, just like a link, only points you in the right direction, nothing more, nothing less.
 
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Pointing a link to a site and "housing" a site are 2 entirely different things.

My guess is that you are in fact looking to rent a domain and you are rationalizing it so that you feel more confident to go through with it.

Good luck.
 
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Nope, you're wrong on that one.

So if I used no_url_shorteners to "house" an illegal mp3 site, and placed that no_url_shorteners link on my site, then, according to your rational, I could also be held liable. I doubt that would hold up. Plus, for websites with dedicated IP addresses, a domain name really is just another "link" to the site and isn't even required to access the page.

I'm just playing devil's advocate because no one seems to be able to point to any case studies that resolve this question. It makes for a fascinating discussion, though.
 
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Yes -- I once received a subpoena in the mail for a user on a website I sold, I was still the domain registrant. Luckily I was out of state from the courthouse and didn't have to go to court for something I had no idea about.

Get a service like Whois Guard on all your domains, I highly recommend it so you don't get letters from attorneys requesting information in the mail. :)
 
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Actually I think you're right ebooklover.. I mean if a web host can be responsible for you content.. then the domain owner should be equally responsible right?

Also I really don't like to think of my thoughts as naive... so... please... be nicer next time ;)
 
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Etab said:
Get a service like Whois Guard on all your domains, I highly recommend it so you don't get letters from attorneys requesting information in the mail. :)

Eherm...

http://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?se=+&pageid=DOMAIN_NAMEPROXY

You understand and agree that DBP has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to either: (i) close Your account (which means You then become the Registrant of the domain name registration); (ii) reveal Your name and personal information that You provided to DBP when required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law, or to comply with a legal process served upon DBP; (iii) resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name registered by DBP on Your behalf; or (iv) take any other action DBP deems necessary:

https://www.networksolutions.com/legal/static-service-agreement.jhtml#prv_reg

3. Network Solutions Right To Disclose Your Contact Information and Terminate the Private Registration Service. You acknowledge and agree that Network Solutions has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (a) reveal to third parties the contact information provided by you to Network Solutions in connection with the account for the applicable domain name, (b) populate the public WHOIS database with the registrant's name, primary postal address, e-mail address and/or telephone number as provided by you to Network Solutions, or (c) terminate your subscription to our Private Registration Service:

(i) if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;

(ii) to comply with any applicable laws, government rules or requirements, ICANN policies or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or

(iii) if any third party threatens legal action against Network Solutions that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party's legal rights.

http://www.enom.com/terms/idprotect_agreement.asp

You understand and agree that Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the IDP Services, close Your Account, terminate provisionment of the IDP Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of IDP Domain, or take any other action which Backend Service Provider deems necessary.

Every registrar offering a privacy service has a similar provision. But they all
say the same thing.

Have we met before, bumblebee? Or is it "directforsale"?
 
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I'm going to have RTFM engraved on my tombstone.

Read your domain registration contract. You accepted liability for whatever purpose the domain is used.

You might as well ask "If I give someone a drink, can I be held liable if they kill someone while driving." Yes, you can.

If I loan someone a gun, can I be an accessory to murder? Sure, if you knew what they were going to do with the gun.

I don't see how this is a complicated question at all. John Zuccarini went to jail for 18 months and never ran a single website.
 
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jberryhill said:
John Zuccarini went to jail for 18 months and never ran a single website.
And the world wide web is now a better place from it...
 
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fonzie_007 said:
And the world wide web is now a better place from it...

FYI, JZ's out. :D
 
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