Wednesday, April 20, 2011

Who owns your assets?

Asset: noun
1.
a useful and desirable thing or quality
2. a single item of ownership having exchange value.


Your website domain name is an asset. Your domain name represents your business name, links to your website and/or your blog(s).

Your Social Network accounts are assets: i.e:Facebook, LinkedIn, Twitter, AVVO, etc.

Who owns and controls your assets?


You should.

There are honest web designers and Internet marketing consultants who maintain control of their clients assets; and they have long term mutually beneficial relationships. There are others who maintain their clients by holding them hostage through the control of these assets.

And there are clients who maintain ultimate control and grant the designers and consultants access to do all that is needed. In our experience, it is this type of consultant who is working on a client satisfaction basis.

Domains/Blogs/Websites:
Many lawyers wisely delegate the responsibility of designing and publishing their website and blog to a web designer or web design company. For many reasons, they may also delegate the ownership of their domain accounts (asset) and their hosting accounts to their web designer. Many people do this because they don't understand, don't want to be bothered with the details, or don't know what the risks are.

Your domain account (the company from whom you purchased the domain, ie: GoDaddy, NetworkSolutions, etc) lists the owner of your domain name(s) as well as the administrative and technical contacts. This account also controls the settings for where your email and website(s) are hosted. Your hosting account holds and publishes all the files for your websites and blogs so they are visible on the Internet.

Social Network Accounts:
Your social network accounts include the popular Facebook, LinkedIn and Twitter; and also your legal specific accounts, i.e: SuperLawyers, Findlaw, AVVO, etc. When used effectively, these accounts mirror your professional image and should also include posts from your blog and current cases results. 


When delegating any part of the control of your Internet assets, you may want to consider the benefits of delegating a shared control.

When you delegate all control to another person - web designer, consultant or company:
1.) This person has sole access to the account where the domain name was purchased. Many web designer have a reseller account with domain registrars (i.e., GoDaddy, Network Solutions etc.) and they purchase your domain for you through this account and keep it in their account base.
2.)They maintain full control and have the only password access to the account. Any changes are in the total control of this web designer.


This may sound good from a one viewpoint, however, consider this:
(1) If your web designer is a sole proprietor, and something happens to them (accident, illness, death), how will you obtain access to your asset? If they have maintained full control, you may wait months or years, or never obtain the access information. If your web designer is a member of a company, hopefully the company will have this information for you.

One company experienced this problem. They had been working with the same person for years who took care of everything Internet for them. Unfortunately this person was the victim of a car accident which then left all of his clients without any access to their Internet accounts. We were able to work with this company and the registrar of their domain name to prove their actual ownership. Even so, it took months to finally gain access and rightful ownership to the domain and all the related Internet files.
Another customer was not as lucky and had to purchase another domain name and wait out the expiration of their company domain name. This required opening new accounts and rebuilding their entire website.

(2) If you want, for any reason, to change your services to another company, you will have to request access to your asset. If you are working with an honest consultant, there should be no lost time in making the transfer. Unfortunately, I continue to hear stories of delayed transfers, sudden cancellation fees and additional payment demands as the assets are held hostage.
Attorneys aren't immune from this. Even though you may have the legal knowledge and means to fight it, do you really want to be spending your time on something like this?

There are honest web designers and Internet consultants who have long term mutually beneficial relationships.  Work with one under a shared control agreement.

If you aren’t sure who is listed as the owner of your domain account, you can check at www.whois.net

You will see something similar to this:






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