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  1. #1
    Love *********'s Forum ep2012's Avatar
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    Registrar stole domain name

    Hi,

    So this didn't happen to me, but someone I know & he wants this domain back.

    I'm wondering if anyone here is a domain expert & knows what happened or how to get the domain back.

    He back ordered & registered the domain back in Nov. 2011. The TLD .XXX wasn't supposed to go live until Dec. 2011. He suddenly found out in April of this year that they gave the domain to someone else.

    They said, "was not accepted by the registry because it was previously reserved."

    How can they take money from him & NOT know that the domain was registered to someone else? Was it, or did someone give them more money for the domain?

    They gave him his money back, but he wants the domain.

    I will be filing a complaint with Internic, but I wanted to know what you guys think first.

    Thanks


    Michelle

  2. #2
    . shoooo... silver trophy logic_earth's Avatar
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    Your friend never had the domain so he has no claim. Unless the domain is a trademark that your friend owns. If the register didn't give a refund then their might be a claim. But as it stands...
    Logic without the fatal effects.
    All code snippets are licensed under WTFPL.


  3. #3
    Love *********'s Forum ep2012's Avatar
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    So even though he paid for it & put it on hold, they are allowed to do whatever they want? That doesn't seem right to me.

  4. #4
    . shoooo... silver trophy logic_earth's Avatar
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    He got his money back. No claim. Doesn't matter if its right or wrong. No law was broken.
    And yes, the can do almost anything they want. Just as a store can refuse to give you service.
    Logic without the fatal effects.
    All code snippets are licensed under WTFPL.


  5. #5
    Love *********'s Forum ep2012's Avatar
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    So you think it's ethical for a registrar to sell a domain & then sell it to someone else?

    I'd like to hear from others in the domain industry.



    Michelle

  6. #6
    dooby dooby doo silver trophybronze trophy
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    What LE said seems pretty spot on.
    25 people preregister a domain and pay for it then when the time comes to release it - they give it to the first person on the list and refund the others who were waiting.
    Seem unfortunately cut and dried. Your client wasn't at the first on the list so doesn't get the domain name.
    You can appeal but I don't think it would get you anywhere.

    Its not a question of ethics, just business.
    Mike Swiffin - Community Team Advisor
    Only a woman can read between the lines of a one word answer.....

  7. #7
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    Quote Originally Posted by exoticpublishing View Post
    So you think it's ethical for a registrar to sell a domain & then sell it to someone else?
    Ethics and the .xxx TLD business model? While I'm sure it started out with all good intentions, the concept appears to have morphed into a pure money grab, forcing many legitimate businesses to secure yet another TLD to protect their brand - and in this case even more so given the sex industry connotations. Hence I wouldn't expect ethics to come into this matter.

    However I have no idea what terms your friend agreed to though, do you have a link to the relevant terms of service ? I'd be weary of jumping in with complaints until you have all the information at hand - I'd be very surprised if there wasn't some clause allowing the registrar to do this, or maybe your friend simply misunderstood what he was paying for in the first place. What did his confirmation email say after he paid?

  8. #8
    Love *********'s Forum ep2012's Avatar
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    Ok, I didn't understand how it works. I'm used to backordering domains myself, but that's a domain that may expire, not a brand new one.

    I'll ask him what the terms said assuming he will even be able to find it now.

    This is what his invoice said...

    The first e-mail's subject line said, "Thank you for your order"

    The second one said, "Domainsatcost.ca XXX Sunrise Application Status"

    "Hello XXX,
    Thank you for choosing Domainsatcost.ca for your .XXX application for the following domain:
    escortstoronto.XXX
    Good news: your application was successful! At this time, you will be able to modify your domain’s contacts, DNS, and settings so please review your domain in the domain manager. The domain will be live after December 6.
    As a reminder, Domainsatcost.ca offers hosting services for your new domain. You will be able to host your new domain easily through the domain manager if you choose to do so.
    If you have any questions or concerns, you can contact us via the live chat on our website, via www.domainsatcost.ca, or telephone at 1-613-768-5125.
    Domainsatcost.ca"

    Thanks guys


    Michelle

  9. #9
    SitePoint Wizard bronze trophy
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    The terms for Sunrise Applications says:

    II. ADDITIONAL TERMS FOR ALL SUNRISE APPLICANTS AND ALL LANDRUSH APPLICANTS
    1. At the close of the Sunrise period, if more than one Sunrise application of any kind (AT, AD, or B) is made for a domain name, all Sunrise Applicants for that name will be notified of the claims made by the other Sunrise Applicants for that name and that name will proceed to auction, in accordance with the Auction Rules. You agree to be bound by the Auction Rules
    So, I assume it should have gone to auction if there were multiple applications. But the email he got does sound very much like a confirmation that it's his already. Certainly sounds like something isn't quite right. I'd first present this info back to the domain registrar and demand a more detailed explanation (in writing) of exactly what happened and why he received that 'acceptance' email.

  10. #10
    Love *********'s Forum ep2012's Avatar
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    Ok, here are the 2 e-mails they sent him & no, he NEVER got an e-mail telling him it was previously reserved. I'm checking with him to see if he was e-mailed re: an auction, but I'm sure he will tell me no.

    Hi XXX,

    Unfortunately your registration for the above mentioned domain was not accepted by the registry because it was previously reserved. The registry would have sent you an e-mail regarding this at that time.

    We apologize that you were unaware of this situation and we have already requested a refund for your order for this domain.

    If you have any further questions please do not hesitate in contacting us.

    Regards,

    Angela
    Domainsatcost.ca
    -------------------------------------
    Hello XXX,

    We have followed up with the .xxx registry regarding your application for escort.xxx. As previously indicated, when you applied for escort.xxx through the Domainsatcost system, the domain was identified at the registry as being on a reserve list and so your application (and any application for escrot.xxx at that time) was rejected.

    Domainsatcost has never provided you with confirmation that the name was successfully registered through us. As a result, the application fee that was originally charged to your account was refunded. Since then, the registry proceeded with awarding the name through a private transaction. We can confirm the name was never made available by the registry for public registration.

    If you have any further clarifications or require additional information, we would encourage you to contact the registry for .XXX directly at the following URL:
    https://member-icmregistry.custhelp.com/app/ask/

    Regards,

    Domainsatcost.ca Customer Service


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