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View Full Version : Disturbing post: "And, *poof* The Name was Gone"


Tatu
02-05-2001, 12:29 PM
I found this disturbing post at http://DomainNotes.com :And, *poof* The Name was Gone

gkwinfield - 02:03pm Dec 26, 2000 EDT

Just in the last week, NSI and Bulk Register abruptly took a clearly available domain I registered almost a month before hand. Apparently it previously belonged to someone else who had registered it at NSI and wanted it back very strongly. NSI (Registrar) notified Bulk Register that a mistake was made. Bulk Register immediately complied based on this representation. And, *poof* the name was gone with no recourse and no
warning. Just an email after the fact including notice of a credit of my
registration fee.

This happened after I had already invested significant resources into the
site. The basic explanation I got was it was an NSI Registrar error. Now,
the NSI whois record shows a brand new registration, not a reinstatement of a previous one. Doesn't seem like the way you correct an error to me.

The ability to do this may be within their rights in the various agreements. What disturbs me a bit, is the abruptness in nature, the ability for them to do this nearly a month after registration, and the total lack of the current registrant to have any input or notification
during the process.

Not sure if this might disturb anyone else. But, what's to stop any previous registrant of a name from coming back at any time and claiming something similar? What mechanism is in place to insure the error is as represented and that this process is not being abused?

However, two lawyers I contacted indicated this could cost well over $10,000 to take to court. So having to spend $10,000 - $20,000 per domain registration that someone
takes back this way doesn't seem realistic. And there is no guarantee of success.

This post could serve as a warning to those who this might happen to in the future. As I understand it, not all registrars would respond to this matter the way Bulk Register did. From the information I have, Bulk
Register had to agree to the request from NSI and did so without any invesigation into the matter. They received the request dated Dec. 19th and by 9:19 AM that same day they had already notified me that it was taken away. It doesn't sound like they gave it a second thought. If this is the
case, something you can do is choose your registrar carefully. Someone that might at least do some serious investigation, instead of rolling over, could help.

And sure, if you have $10k - $20k or more that you can toss at problems like this, just take 'em to court.

Greg Abrams
Consulting First
NSI seems to be quite the bully.
-Tatu

dank
02-05-2001, 12:40 PM
Has anyone ever told you that you spend a lot of time worrying about things you have no control over?[nbsp][nbsp];)

Dfenseless

Rich
02-05-2001, 10:34 PM
I found the guy's experience a very worthwhile read for regular domain buyers (especially ones using BulkRegister and other cheap small registrars because it obviously concerns us.
Well, don't be concerned about just small registrars because this is standard language in nearly all domain registration agreements:

"ICANN POLICY. You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name."

Rich
-- Perhaps there is a market for "domain insurance" just like there is "title insurance"? Hmmmm...

Tatu
02-06-2001, 01:23 AM
Ha. Ha.

I found the guy's experience a very worthwhile read for regular domain buyers (especially ones using BulkRegister and other cheap small registrars because it obviously concerns us.

BTW, "disturbing" doesn't = worried. It just means I should be careful.

Dork

PS: Your post would have fared much better in my Happy Fun Trademark Question post. :P


[This message has been edited by Tatu (edited 02-05-01@12:27 pm)]

colulus
02-07-2001, 02:24 AM
This may be confusing but here goes.

I am currently embroiled in a domain dispute.[nbsp][nbsp]The domain has been valid for two years with NSI.[nbsp][nbsp]I am not the owner, but I am recently representing the owner, who is a bit clueless with the internet.[nbsp][nbsp]

The ISP he registered the domain with was listed as all the contacts - ad, tech, bill.[nbsp][nbsp]They sent notice that the domain needed to be renewed soon (was to expire on Feb 20th), and wanted $50 for one year.[nbsp][nbsp]They have seemed to want to grab the domain themselves for some time.

Long story short, I contacted them on Monday morning about things, and included that I was not yet a contact so would they please update the DNS registry to FQ for me.[nbsp][nbsp]I also asked them about other issues regarding their handling the domain.[nbsp][nbsp]They didnt reply to me, or update the registry.[nbsp][nbsp] I contacted them again today, they replied that on Monday they transferred its Registrar, from NSI to their private Tucows account, to "protect the domain from falling into public hands" (? pay the bill and it wont fall into public hands, if that is your concern for the current owner).[nbsp][nbsp]The domain was still valid, and I was certainly capable of paying directly through NSI.[nbsp][nbsp]Now NSI says the domain doesnt exist, and I dont know how to control the domain other than through them as middlemen, as they have transferred the domain into their Tucows account.[nbsp][nbsp]I can pay them the $50 bill, but this is really ridiculous.[nbsp][nbsp]I may have to fight with these people for a long time just to get it out of their hands.[nbsp][nbsp]Even if I can get them to make me the admin, tech, and billing contact, I will still have to deal with them to transfer it out of their registrar.

[nbsp][nbsp]I wish there was some way I could "annul" the transfer, but part of the problem is that the domain is near expiration.[nbsp][nbsp]My primary concern is that the registration be extended a year, but if I do that through them, aren't I validating their transfer?[nbsp][nbsp]

[nbsp][nbsp]Again, this is a long story short.[nbsp][nbsp]There are other issues.[nbsp][nbsp]But I think this easy registrar transfer without owner approval is pretty weird.

[nbsp][nbsp]This is a real headache.

Matt
02-07-2001, 12:30 PM
they replied that on Monday they transferred its Registrar, from NSI to their private Tucows account I am assuming from the above quote that the company is a Tucows Registration Service Provider (RSP). In this case, you may actually be in a better position. You should contact Tucows (visit www.opensrs.org (http://www.opensrs.org) for proper contact information) and inform them of the situation. I am sure that they will be helpful as it is in their best interest (they are represented by the RSP). A threat of cancellation of RSP privileges by Tucows should put you in a much better bargaining position with the ISP.

Good luck
-Matt

colulus
02-07-2001, 12:36 PM
Thanks a lot, Matt.[nbsp][nbsp]I looked up Tucows yesterday for their policies and contact info but didnt go to opensrs.org.[nbsp][nbsp]I'll check that out today.

Thanks!

Tatu
02-09-2001, 12:18 AM
I had the same problem with the very first domains I ever registered in 98 or 97 or ?. The company listed me as billing contact and them as the registrants and admins. Annoying. Even after reporting it to the BBB and calling and e-mailing tons o times and being promised it was transferred tons o times, they didn't know how to transfer the domain name so they never did. I know this sounds harsh, but they are shameless idiots. (That felt goood :D)

I decided to give up on my principles and just let them have it (the domains were horrible any way). Then two years later I start getting bills from Netsol. I call and e-mail Netsol 6 times and they can't do anything to erase me from[nbsp][nbsp]billing contact because it wasn't my domain name to change. Ugh. Then I get a blue-colored bill from Netsol with the terms "Final Notice". Then I just let the domain names expire on themselves.

I just wonder what NetSol reports to the credit bureaus when some dorks put me as a billing contact for a domain I don't own or control????? Any one????? My theory is that they can't because I never agreed to renew a domain name (and therefore they cannot say I left a bill unpaid or sent a check late???). You never know what NetSol is doing behind our backs.

Well at least I vented.

-Tatu

EDIT: CAN ANYONE BELIEVE VERISIGN PAID 21 BILLION FOR NETSOL? CAN YOU BELIEVE THAT AT THE TIME (MARCH 2000), NETSOL'S SHARES WHERE WORTH AROUND $407.38? WHoa I need to turn off caps lock.
[This message has been edited by Tatu (edited 02-08-01@11:21 pm)]

colulus
02-15-2001, 01:29 AM
"EDIT: CAN ANYONE BELIEVE VERISIGN PAID 21 BILLION FOR NETSOL? CAN YOU BELIEVE THAT AT THE TIME (MARCH 2000), NETSOL'S SHARES WHERE WORTH AROUND $407.38? WHoa I need to turn off caps lock"

Gee-willakers, Batman, say it isnt so!
Meanwhile, AMD, the CPU maker with tremendous innovation and market share, is today worth 7.7 billion, according to the stock market.[nbsp][nbsp]Ludicrous.[nbsp][nbsp](Yes, I am an AMD stockholder.)

Tatu
02-15-2001, 11:43 AM
Yes I was astonished by this little poopnoggin of a fact when I saw an ad in Wired Magazine.

I had to search for a news article online to confirm and actually believe it.

Looking back, the stock price really doesn't matter in that sentence... I don't know what I was thinking..

Tatu