Taking Domain Control Back from the Registrar?

Patrick Clinger asks: "I run a large community Web site, and today I woke up to find that one of my domain names (proboards21.com) was disabled by my unnamed registrar -- my name servers were changed to NS1/NS2.SUSPENDED-FOR.SPAM-AND-ABUSE.COM and I no longer have access to that domain in my control panel. I am in no way involved in any spam activities, and the registration for my domain expires in 2007. I would expect at least a courtesy call or an email letting me know what happened, but neither was provided by the unnamed registrar. What can you do when suddenly a registrar goes off and takes control of your domain when there was no violation of your agreement with them? What is to prevent any registrar from taking over any domain when they feel like it? Right now my domain is in limbo, waiting for them to hopefully restore it to the correct name servers."

Comments

Did you read this?

[jjshoe]

Did you read this?

Who to contact, and why to stay with 'em.

[ezraekman]

I must say that I'm very surprised by this response. I've had an extraordinarily positive experience with them, particularly BECAUSE of their anti-spam policy. They are very serious about complaints, but when I filed one, were definitely very careful about not arbitrarily shutting the spammer down just because *I said* they were a spammer. They contacted the spammer first, went back and forth with them and myself for a few days, and then shut them down when they would not stop.

Based on my experience from the other side of the equation, you should have been contacted first. I'm surprised that you weren't. I would suggest contacting the President, Bob Parsons' office. When I called, I was told that he kept his number fairly easy to access because he prefers to be more hands-on and accessible to customers. I'm sure that he doesn't take the calls personally (I got voicemail when I called), but was told later that the issue had been referred by him personally to the abuse dept manager, who called me back.

The " Office of The President" number is (480) 505-8828, and the e-mail address is president@godaddy.com. Give 'em a call, and a chance. Everyone has given some variation of "you get what you pay for", but this customer has gotten far more than that in the past.

Possible reason

[squiggleslash]

Looking at net.admin.net-abuse.*, there seems to be quite a few reports of spammers from shopper1.proboards21.com.

Example
Example
Example

My guess is that complaints about the spammer went to GoDaddy rather than you. Did you receive complaints? Do you, I hope, have an abuse@proboards21.com address set up...

Re:Umm, call them?

[toast0]

From the (current version) of the registration agreement:

8. LIMITATION OF LIABILITY

You agree that Go Daddy's entire liability to You under this agreement, and Your only remedy, in connection with any service provided by Go Daddy to You under this agreement, and for any breach of this agreement by Go Daddy, shall be limited to the fees You paid to Go Daddy for the particular service in contention.

GO DADDY AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF GO DADDY'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, GO DADDY'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

GO DADDY DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

1. access delays or interruptions to our web site or domain name registration system
2. data non-delivery or misdelivery between You and Go Daddy
3. events beyond our control (i.e. acts of God)
4. the loss of registration or processing of a domain name or the use of a domain name
5. the failure for whatever reason to renew a domain name registration
6. the unauthorized use of Your account with Go Daddy or any of
7. services provided to You by Go Daddy
8. errors, omissions or misstatements
9. deletion of, failure to store, or failure to process or act upon email messages
10. processing of updated information to Your registration record
11. development or interruption of Your web site
12. errors taking place with regard to the processing of Your application
13. application of Go Daddy's Dispute Resolution Policy
14. any act or omission caused by You or Your agent (whether authorized by You or not)

9. INDEMNITY

You agree to release, defend, indemnify and hold harmless Go Daddy and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with Go Daddy whether or not on Your behalf, and whether or not with Your permission) use of the services provided by Go Daddy. Should Go Daddy be notified of a pending law suit, or receive notice of the filing of a law suit, Go Daddy may seek a written confirmation from You concerning Your obligation to indemnify Go Daddy. Your failure to provide such a confirmation may be considered a breach of this agreement.

It looks like you've allowed Go Daddy a lot of room to screw you. INAL, so I don't know how much of that contract is actually legal, but if they were acting on spam complaints, you're probably going to have to spend a lot of money to get much out of them. Did you call them yet?