Do You Own Your Website? The Truth About Website Ownership

Let’s face it: creating a website is a big deal for any business owner. Whether you’re just starting out or you’re refreshing your online presence, your website is a critical tool for marketing, sales, and communication. But here’s the real question that many business owners don’t ask when they hire a web development agency: who owns your website once it’s live?

It’s an important question. And, depending on your contract, you might be in for a rude awakening when you find out that the website you thought you owned is actually legally owned by the agency or website developer who created it.

The Fine Print: Website Ownership and Why It Matters

Here’s the thing: website ownership is not always as clear-cut as it seems. In fact, unless your contract specifically says you own your website, you probably don’t. According to copyright law, the website designer or web development company that built your site legally owns the code, the design, the content, and any visual assets unless otherwise agreed upon in the contract. And if you want to walk away from the agency in the future? Well, good luck. Without ownership, the website could disappear or require a hefty sum to transfer over. Yikes…

So, What Can You Own (and What Can’t You)?

When it comes to website ownership, there are a few key pieces of the puzzle that you can (and should) own. Let’s break it down:

1. Domain Name – You Don’t Own It, You Rent It (And You Should Have Access to It)

Before starting to build a website, you usually lease the right to use a specific website domain name (AKA your URL or website name) for a set period of time—typically 1-5 years. You don’t actually own the domain name, just the right to use it exclusively during that time. Forget to renew it? Well, then you’re out of luck, and someone else might snatch up your domain name if you don’t move fast.

If your web development agency purchased the domain name on your behalf, it’s crucial that you retain full access to the DNS (domain name system) records – this can be as simple as having the login information to the domain platform was used. Having access ensures that you can manage and control where your domain directs to without relying on the agency, even if you decide to part ways.

For Example: If you register through a platform like GoDaddy, you can easily manage both your domain and DNS records settings directly from their dashboard.

Pro Tip: Set reminders to keep track of your domain name renewal dates to make sure you keep control of your domain name. (Auto-renewals are great!)

2. Web Design, Content, and Visuals – You Should Own It & Have Access to It  

This is where things get sticky. If you don’t specifically own your website—that means the design, content, and visuals that make up your site—your contract is probably working against you. Without a website ownership clause that clearly states you own these elements to do with as you please, you could find yourself at risk if you ever decide to change developers or part ways with the agency that built your site.

Beyond ownership, having full admin access to your website is essential. Without it, you’ll be at the mercy of your web developer every time you need to make a change. Whether it’s updating text, uploading new images, or a more extensive update, you should have the ability to do it without having to reach out to and pay your developer every time. (and what happens if your developer closes shop or goes MIA?)

To avoid a future headache, make sure you have in writing that you own the design and content created for your site, along with the ability to access control, and update your site whenever necessary.

For Example: If your site is built on a platform like WordPress, you should have full admin access—enabling you to log in and modify the site at any time. If you don’t , or only have “Editor” access, we suggest you request admin access from your website agency ASAP (even if only for your records).

3. Website Server – You Don’t Own It (Usually)

You likely will not own the website server where your site is hosted. Servers are the computers that store the space for your website and make it accessible to users on the internet. While it’s possible to own your own server, it’s not typically a cost-effective option. In most cases, the web agency leases server space for your site through a third-party hosting provider, such as BlueHost or SiteGround.

For Example: we offer hosting services for websites on a secure cloud-based server, and we monitor any security issues that may come up—whether or not we built the website in the first place.

The Payment Plan Matters: Leasing vs. Owning

Still not sure if you own your site or not? Typically, it’s all in the way you pay. If you’re paying a monthly fee for the development and management of your website, rather than a lump sum up front, chances are you’re leasing the site, not owning it. While paying monthly might seem like the more economical option at the time, it can leave you paying more over time and stuck in a long-term contract, unable to part ways and take “your” website with you.

For Example: Let’s say you have the choice between paying $10K up front to develop the website or opting for an ongoing $400 monthly fee for building and managing the site. At first glance, the $400/month plan might seem like the more budget-friendly option. But, over a typical website lifespan of 3-5 years, that $400/month could end up costing you between $14K and $24K. In the end, you’re paying significantly more for a website you don’t actually own.

On the other hand, if you’ve paid a lump sum up front to build your site and are now just paying monthly for the hosting of it, and/or your contract explicitly states that you own your website, you’re in the clear. But don’t rely on your memory—always get it in writing.

What You Need to Know Before Hiring a Website Development Agency

So, before you go to hire any professional website builders, remember these questions to ask before developing a website that can save you from future headaches:

  • Will I own the design, content, and visuals for my site?
  • Who owns the website code?
  • Will I own the rights to my website when the project is completed?
  • Will I have admin access to my website?
  • Can I transfer my site to someone else in the future?
  • Is there a website ownership clause in the contract?

Make sure you’re crystal clear on these details before you sign anything. And remember: website design and development isn’t just about building a pretty site—it’s about owning and controlling your company’s online presence.

Bottom Line: Protect Your Website Ownership

Website ownership isn’t always as simple as paying for a site. You need to ensure that you actually own your website, and you have the legal right to control it moving forward.

At Tulip Tree Marketing, we make sure that you own your website—100%. No hidden fees, no tricks. Whether you host with us or take your site with you, your website is yours to keep. That’s how it should be. Ready to learn more about our website design and development services? Let’s chat!