Anyone who signs a web hosting contract can also cancel it again. Quite simple, really, isn't it? But many customers don't know that they have to cancel several contracts at once. The Contract via the Registration of a domain is not linked to the Web hostbut closed with the domain registry. The webhoster acts only as an intermediary between the parties to the contract. Whoever terminates his web hosting contract can still keep his domain. The associated fees must be transferred directly to the domain registry.
Termination of a web hosting contract - what happens to the domain?
The German jurisdiction has already had to deal with the question of whether web hosting contracts and domains form an inseparable unit on several occasions. When a web hosting contract is terminated, the domain belonging to it is not automatically terminated by the domain registry. In a ruling by the Rastatt District Court, a customer of a web hosting provider had applied to have a domain registered with the responsible registry - DENIC eG. A registration contract was concluded with the domain registry, which was supplemented by a web hosting and domain administration contract with the web host. After the web hosting contract was terminated, a dispute arose about the scope of the termination. The web hoster was of the opinion that the customer had terminated the domain administration and web hosting contract, but not the registration contract for the domain. This contract would continue to exist and would trigger a payment obligation on the part of the customer. The former customer denied this and claimed that he had terminated all contracts together. The Rastatt Local Court ruled in favour of the web hoster. The contracts are to be treated separately, which means that the registration contract is still to be remunerated. The court found that the registration contract continued to exist. However, the parties to the contract are the domain registry and the domain holder, in this case the customer and DENIC eG. There was no longer an obligation to pay remuneration in favour of the web hosting provider. Domain registration contracts are always concluded only between the domain registry and the customer. Web hosters merely act as a link, which enables them to charge fees for an agency contract.
Web hosting contracts and domains - separate treatment
If you sign a web hosting contract, you will receive a domain from most providers. The webhoster merely acts as a link. Customers therefore conclude a contract with the web host and an additional contract with the domain registry. After termination of the web hosting contract, the domain registration contract continues to exist. Most webhosters automatically terminate the domain. If the customer does not agree to such a termination, the contract with the domain registry continues to exist. Something else applies only if different arrangements have been made. Domain owners should check carefully what happens to the domain linked to the web hosting package before terminating a web hosting contract. After termination of the domain management contract, the fees for the domain must be paid directly to the registry. Alternatively, the domain administration can be taken over by another provider.
