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The Digital Deed: Who Really Owns Your Website and Domain?

Who Really Owns Your Business? The Critical Truth About Domain Ownership

Written by Jeannie M. Hill

As a business owner, you likely have the deed to your office or the title to your company vehicle in your safe. But do you have the “digital deed” to your business identity?

This article is being shared to prevent “Third-Party Ownership Traps” – domain ownership issues.

At Hill Web Marketing, we’ve spent years helping clients navigate real-world rescue operations. We understand the complex world of web assets. One of the most common, and dangerous, bottlenecks we see is a “Third-Party Ownership Trap.” Security is a paramount concern when it comes to any digital asset.

“Who” holds the digital deed to your domain registrar is the highest of data securiy issues.

Table of Contents (Click to expand)

Here is why owning your domain name is the single most important security step you can take this year.

Despite web domains being the foundation of your digital presence, set up often skips business standards. This exposes businesses to cyber risks, as domains are a prime starting point for cyberattacks as well as brand-based fraud.

1. Your Business Entity “Address” vs. The “House”

Most business owners are not schooled on the difference between Domain Registration and Web Hosting.

  • The Domain (The Address): This is your identity (e.g., yourbrand.com). It controls your website traffic and, most importantly, your professional email flow.
  • The Hosting (The House): This is where your website files live.
  • The Golden Rule: You can rent your “house” (hosting) from a designer or agency; however, it is also better to “own” your web host account. However, you should always own your “address” (domain). If a third party owns your address, they effectively own your ability to sell, receive email, and manage business communications with your customers.
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To own your “Digital Deed,” you need to understand the three players involved in every domain name. Next, I’ll define them and explain their roles.

What is the Difference Between a Domain Registry, Registrar, and Registrant?

The Registry manages the master database for TLDs (like .com, .org, .ai, or .io). The Registrar is the store where you lease the domain (like Dynadot, Clourflare, or Hover). The Registrant is the legal owner or business entity that holds the rights to use the domain.

How it works: When a “registrant” buys a domain, they use a “registrar”, who then records it in the “registry’s database.”

  • Domain Registrant: A registrant can be any person who registers a domain name. Registrants can manage their/your domain name’s settings through their registrar account. When changes are made to the domain name, their registrar will communicate the changes to the registry to be updated in the registry’s database.
  • Domain Registry: A domain registry is the central authority that manages a top-level domain (TLD) like .com or .net (e.g., VeriSign), setting rules and maintaining the master database.
  • Domain Registrar: A domain registrar is an ICANN-accredited company that manages the reservation and renewal of internet domain names (e.g., example.com). They are crucial for securing online assets and managing TLDs. Leases domain names, ensuring they are unique and registered to you with registries.
  • Domain Name System (DNS): This provider (e.g., Cloudflare, AWS Route53) manages the technical records that direct traffic to that domain. The system hosts the DNS records (A, CNAME, MX) that do the “mapping.” DNS providers manage the “phonebook” that connects the domain to an IP address or email server.
  • Domain Registrar Management: This management role refers specifically to the technical and administrative tasks of managing website domains, including registration, renewals, DNS configuration, and security. Since it involves ethical, technical, and legel factors, management tasks should be completed by a vetted “registrant.”
  • DAM (Digital Asset Management: While some security-focused, high-level “digital asset management” strategies might include managing social media handles or domain identities as intellectual property, in a business context, DAM almost always refers to “content repository management”, not technical DNS or domain registration.

NOTE: If a registrar goes down, you cannot change your domain settings. If a DNS provider goes down, your website becomes unreachable, even if you own the domain.

2. Business Standards Protect the Sale of Your Business

If you ever decide to sell or merge your company, the first thing a buyer’s legal team will assess as Due Diligence is a clear “chain of title” for your digital assets.

A domain registered in a freelancer’s personal account creates a “cloud on the title.” In a high-value acquisition, this isn’t just an inconvenience; it’s a ‘deal-killer’ that suggests the business does not legally own its own identity.

A buyer may walk away—or significantly devalue the offer—because they cannot risk an ‘Asset Gap’ where the brand identity is legally tethered to a third party.

3. Digital Deed Compliance & Your Denial of Claims

Web designers and developers can be a “manager” on your account, but should never be the “owner” of the account itself.

Professional designers follow an ethical standard of Delegated Access:

In states like Minnesota and California, new privacy laws (such as the MCDPA) grant business owners the Right to Data Portability. This means you have a legal right to move your digital assets from one provider to another without “unreasonable hindrance.”

Under the Minnesota Consumer Data Privacy Act (MCDPA), businesses that meet certain thresholds must comply with your right to data portability. This means they (like a web host or web design agency) are required to provide your data in a format that makes it easy for you to move it to another provider.

MCDPA sets a standard business requirement:

  1. The Right to Obtain: Minnesota residents have a right to obtain a copy of their personal data in a “readily usable format”.
  2. Business Compliance: Businesses subject to the law must provide a way for consumers to exercise these rights. The Minnesota Consumer Data Privacy Act (MCDPA) became fully enforceable on January 31, 2026, marking the end of the 30-day cure period (grace time) for violations.

Minnesota Business Owners: Your Need for “Access” & “Portability” Results

Many owners don’t realize that as of July 2025, Minnesota law (MCDPA) significantly strengthened your rights to your own data. If a provider refuses to release your database or personal account information, they may be in violation of your Right to Access and Portability.

While I am not a lawyer, I often help clients prepare the technical documentation needed to get results or file a formal complaint with the Minnesota Attorney General’s Office. This office has the power to fine non-compliant service providers up to $7,500 per instance.

Our 3-Step “Digital Key” Checklist

To ensure your business is protected from unethical domain holding, hijacking, extortion, or accidental downtime, we recommend this setup for every client:

  1. Set Up Direct Billing: Ensure your business credit card is the primary payment method on file with the Domain Registrar. By paying the registrar directly, you eliminate the risk of a third-party vendor “owning” your renewal process or using billing as leverage in a dispute.
  2. Verify Registrant Information: Audit your registrar settings to ensure your official business name and a secure, internal company email address are listed as the ‘Registrant.’ Never list a freelancer or agency as the owner. In the eyes of ICANN and the law, the ‘Registrant’ listed in the domain’s records is the legal owner. Meaning, it is critical that your business name is listed as the Registrant to maintain full control of your digital asset.
  3. Implement a Registry Lock: We recommend a “Registry Lock” for every business domain. This provides the highest level of security by preventing any unauthorized transfers, deletions, or changes to your domain without a multi-factor authentication process and manual verification. It is the digital equivalent of requiring a notary for a property transfer.

Does it matter which domain registrar you use?

Yes! Pricing should not be the primary factor in selecting your registrar. Features like grace periods for expired domains and protections against domain name hijacking are important criteria when choosing a registrar.

Additionally, many trusted registrar services have systems to avoid third-party control.

They ensure registrant contact information remains under direct, internal company control rather than with third-party vendors. Regularly audit user permissions and use secure, non-public email addresses for administrative tasks.

“Security-Conscious Registrar” vs “Consumer-Grade Registrars”

Feature Consumer-Grade Registrar Security-Conscious Registrar
Primary Goal Low cost, ease of use Asset protection, high security
Security Features Reactive, basic MFA Proactive, Registry Lock, Advanced DNSSEC
Support General/Automated Dedicated, vetted administrative roles

Minnesota Attorney General Submission: Quantify the harm done when you file your MN AG Complaint.

As of Oct 26, 2021, “57% of Global 2000 companies still use consumer-grade registrars, which can expose them to unnecessary security risks, according to CSC DBS research and FutureCIO.” – Registrar Influence on the Domain Security Posture of the Forbes Global 2000 by Elliott Champion, Global Product Director for Brand Protection at CSC

Website & Web Host Ownership: Critical Data Management

Too often, when a business growth involves a website migration, suddenly, the owners learn that they don’t fully own it.

Business owners often lose control of their websites because they confuse paying for a service with owning the underlying technical assets. Website ownership is not a single, monolithic right; it is a collection of accounts, licenses, and technical credentials that must be properly registered to the business.

We Help Business Entities Learn Who Owns Their Website

Own your digital deed and secure your business identity

Identify your assets and ownership

Before notifying your current web designer/web host, we determine what you actually own versus what they may claim as their intellectual property.

  1. Domain Name: Research to determine if the “Registrant” is your practice or another entity. If they own it, we help you request a transfer code (EPP).
  2. Website Content: Review your contract to ensure you own the copy, images, video, other media formats, and custom code. Proprietary platforms (such as a custom CMS) may not be transferable, so you might have to rebuild the site.

NOTE: I am a digital marketing expert, not an attorney. The information in this article is for informational purposes only and does not constitute legal advice. For specific legal questions regarding your contracts or digital property rights, please consult with a qualified legal professional licensed in Minnesota.

This article sheds light on common situations we discover when asked to assume website and digital marketing management.

The Problem:

When these, particularly domain registration and hosting, are in a developer’s or agency’s name, the owner has no legal control over their own site. It deeply saddens me when the business realizes they lack ownership and face ensuing problems.

When a developer or agency registers a domain or holds the hosting contract in their own name, they hold the “keys to the kingdom”. This practice, whether intentional or accidental, effectively makes the business owner a tenant on their own website, leading to significant risks.

The Solution:

On both the hosting and registrar accounts, owners should maintain “Ownership” and grant “Management” permissions to the developer or agency acting on their behalf. While the individual paying taxes and registering a business (such as an LLC or corporation) may see themselves as the legal owner of the associated website, “true” ownership can be more complex.

In reality, website ownership is technically defined by who holds the domain registration, controls the hosting account, and owns the content, which may differ from the state registered business entity. The only solution is to set this right.

If a website is currently hosted on a shared account with limited access, you might have to rebuild the site from scratch. Building your knowledge graph means owning your web presence.

Domain registration and web hosting ownership basics:

Your contract with anyone managing Registrar and hosting services should require the following:

  1. The business owner’s credit card is used for billing.
  2. The account is under the business owner’s name.
  3. The business owner’s email is on file.
  4. For WordPress sites, ensure that the “SuperAdmin” is the business owner, not just “Admin.”

Web design companies typically focus on a niche. Many specialized medical and dental practices use a “Website as a Service” (WaaS) model that prioritizes agency control over client portability.

Hill Web Marketing follows the same standards that Google has set forward for all business accounts.

“Website content must be owned and managed by the business owner.” – Google Business Profile

Any individual or company that manages business information for a separate business that they don’t own is considered an “authorized representative.” Business owners can lose control of their ownership when they do not know how ownership is technically established.

Examples of services providers:

  1. A web designer/developer.
  2. A third-party web host.
  3. A third-party SEO/SEM company.
  4. A friend, family member, intern, or anyone else representing the business owner.
  5. An online tracking, ordering, scheduling, content manager, or booking provider.
  6. An affiliate network provider.

Diplomatic Negotiation and Asset Buyout

The initial response to the provider should be professional and framed as a standard corporate governance update. The medical practice should request full administrative access to its registrar account for “security auditing and insurance compliance”.

If the provider invokes the ownership clauses in your contract, the practice should request a formal buy-out price for the domain and the “original design content”.

Often, agencies/web designers will agree to transfer these assets for a fee that compensates them for the loss of recurring revenue. It is vital to remind the provider that, if and where their contract explicitly permits it, the practice may move their “personal content” and images. We recommend that the client request an immediate export of this data to facilitate the transition.

The implications of a contract clause where the third-party holds domain ownership are profound. A domain name is the foundation of a practice’s search engine optimization (SEO) equity, its email communication infrastructure, and its patient-facing identity. By retaining “legal property” status, the provider establishes a mechanism for vendor lock-in.

How do Site Owners Get Trapped in a “Proprietary Lockdown”?

If the practice attempts to migrate to a new hosting provider, they face a “domain trap”

Commonly, business owners lack the contextual understanding when a web designer or host says you “own” your content. In a Proprietary Lockdown, even if you technically own your content, your host owns the server environment it sits on.

Contractually, this usually falls under the “Terms of Service” (ToS) you agreed to when signing up. ToS are legally binding contracts between service providers and users that outline the rules for using websites, applications, or software. They define user rights, acceptable usage, liability, and intellectual property.

This is why, sometimes, I’m asked just to review a contract to avoid such risks. If you don’t understand your contract terms, have your ToS reviewed by a lawyer or contract expert, especially if you are vulnerable to this set-up.

I have witnessed business owners who were completely sold on the “marketing speak” in a contract. Initially, they didn’t care too much and assumed the third party would respect their rights.

Unfortunately, if they wanted to add a new business partner, sell, or migrate to a new provider, finding themselves in a proprietary lockdown was a real inconvenience. Often, a ransom was required to regain ownership.

How the Proprietary Lockdown system works and is often justified:

  1. Security & Stability: Many “Managed WordPress” hosts legally restrict plugin access to ensure their server remains stable. They argue that letting users install any plugin could introduce malware or break the server for other customers.
  2. Service vs. Software: These hosts often don’t sell you a “Designed Website”; they sell you a “Website Service.” In their view, they are providing a finished product, not a flexible tool, which gives them the right to lock the dashboard.
  3. Data Portability Limits: While laws like GDPR (EU) and CCPA (California) grant you a “Right to Portability” for your personal data, these laws don’t always mandate that a host must provide a “one-click” migration for an entire website’s code and database. They only have to provide the data in a “structured format,” which is exactly what the WordPress XML Export file is.

What is a Software-as-a-Service (SaaS) web design model?

A Software-as-a-Service (SaaS) model differs vastly from a custom development model. While the client “uses” the website, the title remains with the third-party provider or its licensors under United States and foreign copyright laws.

A SaaS web design model delivers website creation tools, hosting, and maintenance as a subscription-based, cloud-hosted service rather than a one-time software purchase.

However, we check for critical distinctions made in a cancellation policy. While the “original design content” remains with the provider, clients are permitted to move “personal content” and images they specifically added to a new company.

A SaaS contract creates significant technical and legal hurdles during migration.

The “original design content” likely includes the underlying HTML/CSS code, the site’s layout structure, and any text provided by the agency’s copywriters. Consequently, a practice leaving the web designer/web host is legally prohibited from simply copying the website to a new host. Instead, they would be required to extract their raw data and rebuild the site’s framework from scratch with a new designer.

Positive SaaS web hosting examples

For example, Wix, Squarespace, and Shopify are SaaS providers that protect your business entity’s ownership. For example, Shopify lets you retain full ownership of your brand, shop content, and intellectual property. However, you do not own the underlying proprietary code or the templates used to build the site.

Registration: If you buy a domain through them, they are the Registrar of Record, but you are the Registrant (the legal “owner” or lease-holder).

The legal standing of “Proprietary Platforms”

In my experience, some agencies that operate this way use a SaaS (Software as a Service) model. Their contracts often state that you are licensing their software rather than owning the code.

Court Outcomes: Courts generally uphold these contracts if you signed them. If the contract says “O360 owns the CMS and design,” a judge may rule that you only own the “Client Content” (your text and images) and cannot force them to give you the underlying code.

In the eyes of a court, a web designer refusing to hand over a site is not always “interfering” with your business. They might simply be “enforcing a contract” that you signed unwittingly. However, there are specific scenarios where their actions cross the line into liability issues.

What Red flags Commonly Signal that a Hosting Company has you Hostage?

Awareness (Diagnosis): A web design or hosting company may be holding your assets “hostage” if they intentionally limit your access or legal control to keep you paying for their services.

Common red flags during “due diligence” tasks include:

  1. Ownership & Access Restrictions:
    • Domain Registration in Their Name: The most critical red flag is a domain registered under the designer’s name or email rather than yours. Check this via an ICANN Lookup—if you are not the Registrant, you do not legally own the domain.
    • Blocked Admin Access: Refusing to provide “Super Admin” or full administrator credentials for your Content Management System (CMS) like WordPress.
    • No Access to Hosting/FTP: Denying you the login details for your hosting account, servers, or databases.
  2. Contractual & Financial “Handcuffs”:
    • Proprietary Platform Lock-in: Building your site on a custom, “closed” platform that they alone control. If you leave, the site often cannot be moved and must be rebuilt from scratch.
    • Vague Intellectual Property (IP) Terms: Contracts that state website designs or modifications remain the property of the vendor.
    • Mandatory Long-term Hosting: Requiring you to use their hosting as a condition of the website redesign.
    • Hostage Fees: Threatening to take your website offline immediately if you cancel a monthly maintenance plan.
  3. Obstructionist Behavior:
    • Refusal of Backups: Making excuses or charging high fees when you request a full ZIP file or database export of your website.
    • Unresponsiveness: Suddenly becoming hard to reach once you ask for credentials or mention moving to a new provider.
    • Dragging Feet on Transfers: Delaying the release of your EPP/Authorization code needed to move your domain to a different registrar.
  4. How to Verify Your Status:
    • Check Domain Ownership: Use Whois.com or ICANN to see if your name is listed as the Registrant.
    • Request Credentials: Ask for your registrar and hosting logins immediately. A reputable provider will provide them without pushback.
    • Review the Fine Print: Look for “handcuff” clauses in your service agreement regarding notice periods or ownership of creative assets.

Action (Remediation): The “Digital Deed” Asset Audit Checklist

The Comprehensive “Digital Deed” & Security Audit

1. Domain Title & Administrative Control (Legal Ownership)

  • ICANN Registry Check: Visit lookup.icann.org. Is the “Registrant Organization” your legal business name? (If it is a freelancer’s name, they legally own your brand).
  • Administrative Email Audit: Is the email on file an internal company address (e.g., admin@yourbrand.com)? Never use a developer’s personal Gmail.
  • Registry Lock: Check your domain status. It should be “clientTransferProhibited.” This prevents unauthorized “pushes” or transfers without a manual handshake.
  • Direct Billing: Log in to your registrar. Is your own company credit card on file? This prevents “billing hostaging.”

2. DNS & Traffic Integrity (Security Guardrails)

  • DNSSEC Verification: Is DNSSEC enabled? This signs your DNS records digitally, preventing “Man-in-the-Middle” attacks where hackers redirect your traffic to a fake site.
  • DNS Zone Audit: Review all “A” and “CNAME” records. Are there any subdomains (e.g., dev.yourbrand.com) you don’t recognize? These are common backdoors for cyberattacks.
  • Record Ownership: Are your DNS records managed in your own account (Cloudflare, AWS, etc.) or are they “black boxed” in your developer’s account?

3. Email Authentication (Brand Fraud Protection)

  • SPF Record: Is there a valid SPF record in your DNS? This tells mail servers which IPs are allowed to send email on your behalf.
  • DKIM Signature: Is DKIM active? This “wax seals” your emails so they can’t be tampered with in transit.
  • DMARC Policy: Is your DMARC policy set to “p=quarantine” or “p=reject”? Without this, hackers can spoof your exact email address to send phishing links to your patients or clients.

4. Infrastructure & Database Rescue (The Assets)

  • SFTP Access: Can you (or a new dev) download every file on your server right now? If the host denies this, you are in a “Proprietary Lockdown.”
  • SQL Database Control: Do you have access to your database? For healthcare sites, this is where your patient intake forms and PHI live.
  • Independent Backup Verification: Do you have a weekly backup sent to a third-party cloud (like Dropbox or Google Drive) that your developer cannot delete?

While a standard retail business might suffer lost SEO equity or brand damage from a proprietary lockdown, regulated industries face far steeper consequences. For medical device retailers and dental practices, lacking technical ownership of a website isn’t just an inconvenience—it is a compliance crisis.

The Higher Stakes of Healthcare Ownership

Our experience as a healthcare marketing expert protects you as we apply common business standards.

HIPAA: Healthcare sites have added complexity with potential “vendor lock-in”

Businesses need to have clear policies and procedures in place to protect their customers’ PII (personally identifiable information). Any vendor—including web hosts and digital marketing firms — that stores, transmits, or has access to Protected Health Information (PHI) must sign a Business Associate Agreement (BAA).

If a practice does not have a signed BAA with their host or developer, they are at immediate risk of violating HIPAA Privacy and Security Rules.

  • Data Portability: Under HIPAA, you have a responsibility to maintain and protect patient data. If the web host is also a Business Associate, they have specific responsibilities.
  • The Leverage: If a provider’s refusal to hand over your database (leads, patient forms, etc.) prevents you from complying with medical record retention laws—which in Minnesota requires keeping records for at least 7 years—this may go beyond a simple contract dispute. This represents a breakdown in professional standards of care. In the eyes of a regulator or an attorney, withholding the technical means for a practice to fulfill its legal duties is often viewed as far more serious than a standard business disagreement.

The “Information Blocking” Rule (21st Century Cures Act)

The “Information Blocking” Rule prohibits practices that hinder the sharing of electronic health information. If a developer or web host refuses to release a patient database, it may not just be a contract dispute, it could be considered illegal information blocking.

Updated Digital Accessibility (WCAG 2.1 AA)

As of early 2026, Section 504 of the Rehabilitation Act now explicitly requires healthcare digital properties (websites and portals) to meet WCAG 2.1 AA standards. Inaccessible appointment booking systems are now viewed as civil rights violations, not just bad user experiences.

Recommended action for healthcare practices

To prevent a recurrence of the asset control issues identified in strict web designer terms, healthcare practices should implement a standardized digital governance protocol.

Ownership-First Registry Management

The practice should register its own domain and use “delegated access” or “account manager” features provided by registrars like MarkMonitor, Hover or Cloudflare. This allows the agency to perform technical work while the practice retains the “Registrant” status, which is the ultimate legal authority in any domain dispute.

Independent Hosting and Asset Redundancy

A practice should maintain its own hosting account (e.g., at WP Engine, Digital Ocean, or Cloudways) and provide the agency with “Collaborator” access. This ensures that if the agency goes out of business or a dispute arises, the website files remain on a server under the practice’s control.

Furthermore, practices should conduct a full backup of the site database and copy downloaded files to safe offline storage

Healthcare Practices: Protect Your Business Assets Moving Forward

Your website is likely your business’s entity home. Future-proof your digital governance and your ownership rights!

To prevent web designers or hosts from seizing ownership of your business website, you must personally register the domain name, purchase hosting, and sign a contract stating all work is a “work for hire” with full intellectual property rights transferred to you.

Avoid third-parties or host from owning your website: request these standards:

  • Client-Owned Accounts: You should own the Hover, GoDaddy, Namecheap (or whatever registrar) account and grant the designer “delegate access”. Ensure your website designer assigns all rights to source code, website files, visual design, CMS, database software, and content via a written agreement.
  • Open Source Platforms: Build on WordPress.org, or a similar platform, so that you can move the site to any host at any time.
  • Explicit IP Transfer: Your contract should clearly state: “Upon final payment, all rights, title, and interest in the Work Product are assigned to the Client.”
  • Google Accounts: Set up your “owner” Google Ads, Analytics, and Google Business Listing first; then add third-parties with appropriate access.

Why are additional funds needed when the current host has a “Proprietary Lockdown”?

The migration project is forced to shift from the “technical tasks” to “asset recovery” and “risk management.” In this case, we aren’t just moving a site; we are performing a rescue operation because the current host has locked the doors.

Additional time and budget are now required:

  1. The “Asset Recovery:” If the website is a business asset that is currently in a “proprietary lockdown,” we need a clear path forward to use the website’s assets.
    • The Analogy: “It’s like if you rented an office, but the landlord welded the doors shut. We can’t just move your furniture out the front door (automated migration); we have to take the windows out and move everything piece by piece (manual reconstruction).”
    • The Value: The extra cost is to ensure that years of content, SEO ranking, and customer data aren’t lost or abandoned during a website redesign or migration.
  2. The “Hidden Debt” of Cheap Hosting: Many owners don’t realize that restrictive hosts save money by stripping away standard features (like SFTP or Plugin access).
  3. The ‘Exit Tax’: The low monthly cost you paid for years wasn’t a discount; it was a loan. You are now paying the ‘Exit Tax’ to regain ownership of your assets.
Migration Task Automated Method (Standard) Manual Reconstruction (Current Reality)
Access Level Required Full Admin & SFTP Access Restricted / Hostile Environment
Process Overview One-click automated sync of all files and databases. Hand-exporting content; scraping images; manual rebuild of design.
Labor Requirements Minimal (Setup only) High (Technical oversight & manual verification)
Estimated Time 1 – 2 Hours 8 – 15+ Hours
Business Risk Near-Zero Data loss risk if not manually audited.

Can Restrictive Web Design Agreements Incur Hidden Technical Debt?

Yes. A restrictive contract essentially borrows ease-of-use today at the expense of your business’s future equity.

Restrictive web design contracts make it “Difficult to Move”

  1. The Problem: The current host has restricted the standard WordPress Plugin Installer and SFTP access, making a “push-button” move impossible.
  2. The Solution: A manual rescue of the database content and media files to your new web host.
  3. The Result: Complete ownership of your site assets and a high-performance hosting environment that no longer restricts business growth.

This table highlights why you want easy of portability.

Feature Portable (Owned) Infrastructure Restrictive (Rented) Infrastructure The “Technical Debt” Impact
Code Ownership Open-source (WordPress/HTML). You own the “Blueprint.” Proprietary “Website as a Service” (WaaS). High Debt: You cannot move the code. Migration requires a 100% manual rebuild.
API/Tool Integration Freedom to add any compliant HIPAA or NPI tool. Limited to “Approved” vendor-only tools. Compounding Interest: You miss out on new, more efficient technology every year you stay.
Data Portability Full SQL/Database access for local backup and analysis. “Black box” access; data often export-restricted. The Balloon Payment: When you leave, you pay extra for manual data entry to “rescue” your patient leads.
Security Updates Managed by you or your choice of expert. Managed solely by the vendor. Single Point of Failure: If the vendor has a breach or goes under, your entire practice goes offline with them.

Website Owner Escalation Strategies

You need to demonstrate that you are serious about owning your website. If respectful and professional requests have been made and unheeded, here are some things you can consider.

  • The “Final Payment” Leverage: If you are still under contract or owe a final payment, do not pay until you receive a signed Copyright Assignment or the Domain Transfer (EPP) code.
  • Legal Demand Letter: Have an attorney send a formal demand letter. Predatory agencies often release assets quickly when they realize a client is willing to litigate over “tortious interference” with their business.
  • Trademark Claim: If your domain name is also your trademarked business name, it is easier to force a transfer through WIPO or a UDRP complaint.
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Diplomacy is always the first choice. However, legal or regulatory escalation may become necessary when a provider:

  • Refuses to provide the EPP/Transfer code after a contract termination notice has been sent.
  • Claims ownership of a domain that contains your registered trademark.
  • Withholds access to PII or Patient Data (in Minnesota, this triggers specific MCDPA and HIPAA data portability rights).
  • Demands a “Ransom” that was not explicitly outlined in your original Service Agreement.

This decision is up to your attorney.

In my experience, if diplomacy fails, the practice may leverage its trademarks. If the domain name includes the practice’s trademarked name and the provider refuses to transfer it upon termination, the practice can file a complaint under the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

Holding a domain that incorporates another entity’s trademark to prevent them from using it is considered “cybersquatting,” which violates ICANN policies and U.S. law.

Next, I’ll provide the strategic approach that Hill Web Marketing takes.

Recovery Action Plan: Reclaiming Digital Control

  • Level 1: The Formal Demand (Diplomacy). Send a formal written request for your EPP/Transfer code and administrative credentials. Reference your original service agreement and state that you are performing a standard compliance audit.
  • Level 2: The Name Recovery (Trademark/UDRP). If you are the rightful Registrant of the domain, you can file a complaint with ICANN. If your domain contains your trademarked name and the provider refuses to transfer it, file a UDRP complaint. This leverages ICANN policies against “cybersquatting” to win back your domain name.
  • Level 3: The Data Rescue (MN AG/MCDPA). If the provider holds your customer database or website files “hostage,” file a complaint with the Minnesota Attorney General. Under the MCDPA, you have a Right to Data Portability that mandates your data be provided in a readily usable format.
  • Level 4: The Legal Hammer (Declaratory Judgment). Consult an attorney to seek an injunction. This is necessary if the provider’s actions cause immediate, quantifiable harm to your business operations or security.

The cost of legal help typically outweighs the benefits. It may be easier to start over with a reputable provider who establishes you as the owner of your website.

I was asked to speak on IP Fridays years back; here are my recommendations.

Business Contractual Safeguards: Assignment of IP

When engaging a new digital partner, the practice should insist on a contract that includes an “Assignment of Intellectual Property” clause. This clause should explicitly state that:

  • The website design, source code, and all content are “Work-Made-for-Hire” or are assigned to the practice upon final payment.
  • The practice retains ownership of its database and patient data in perpetuity.
  • The web designer, hosting company, and/or agency is required to provide all credentials and Auth codes within 48 hours of a written request upon termination.

“Digital brand abuse leads to revenue loss, traffic diversion, and a diminished brand reputation for the organization in question. Phishing and brand abuse takedowns, in general, have a median takedown time of six hours in the U.S., and 12 hours outside of the U.S., resulting in lost revenue and web traffic. – 4 emerging threats in the domain name landscape“

“Is it normal to transfer a domain to a dev?

Absolutely not. Once you transfer the domain name to the dev, that’s going to be an issue 99 percent of the time. You’ll lose the domain name to the dev, and they’ll now, technically. own your domain name and won’t give it back to you.

Whatever you do, do NOT transfer a domain name to a dev or web designer. Way too risky, even if you ‘trust them’ to do the right thing” – Bill Hartzer, owner of DN Access

“Your clients should have total control over their web presence. That includes owning their domain, email, and hosting accounts.

Professional, ethical, and legal concerns come into play when account ownership doesn’t sit with the actual business owner.” – Godaddy: Why your clients should own their domain, email and hosting

Be Aware of a Transfer Lock: If you recently renewed your domain or changed your contact info in the last 60 days, ICANN mandates a “Transfer Lock” that prevents moving to a new registrar. In this case, you must keep the domain at O360 but point the Nameservers to your new host until the 60 days are up.

NPI Registration and Management: An additional healthcare data service I offer is that of a marketing consultant with Access Manager status for managing physician NPI registry.

Summary: Securing Your Digital Deed

Your website is more than a marketing tool; it is a foundational business asset. In the healthcare sector, this asset carries the added weight of regulatory compliance and patient trust.

Whether you are scaling your practice, preparing for a future sale, or simply protecting your reputation, you must move from “leasing” your identity to owning your digital deed.

The “Technical Debt” of restrictive contracts and proprietary lockdowns is a liability no modern Minnesota business can afford to carry. By performing a digital audit today, you aren’t just checking boxes—you are ensuring your business remains portable, resilient, and legally yours.

Call 651-206-2410 for services to run your comprehensive Digital Deed Audit




Jeannie Hill:
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