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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."

19 of 101 comments (clear)

  1. Kind of in the same boat by clintp · · Score: 4, Interesting

    My registrar just went out of business. Of course before they did, mysteriously, all of the contact information -- except billing -- was switched to them. And so I've got a couple of stranded domains that I can't move anywhere, at any price.

    Proving "ownership" is turning out to be harder than expected.

    --
    Get off my lawn.
    1. Re:Kind of in the same boat by awtbfb · · Score: 4, Insightful


      Are they in the Wayback Machine? If yes, and the content clearly points to you (e.g., copyright blurbs), you may have some evidence to work from.

  2. Live and learn. by gklinger · · Score: 4, Interesting

    I'm not sure there is anything you can do other than ask them to reinstate the domains unless you want to take this to court but that takes money and perhaps even more importantly, time. I'm not even sure suing them would get the results you want. It depends on what you agreed to when you registered the domain. It's vitally important to read all the fine print when making a business arrangement (like registering a domain). I think the rights and responsibilities outlined in the contract should be the prime factor when choosing a register, not price. All of that aside, a registrar suspending a domain for 'abuse', real or imagined, is ridiculous.

  3. Hey, I know what you can do. by Anonymous Coward · · Score: 5, Funny

    You could bitch about it on slashdot. That can only turn out well.

  4. Register your own domain by autarkeia · · Score: 4, Interesting

    How about don't let your webhost register domains for you, and don't give your webhost administrative contact status in your domain? Do it yourself at a registrar that respects your rights, like GANDI.

    1. Re:Register your own domain by ar32h · · Score: 5, Interesting

      Sure, and be subject to France's restrictive speech laws.
      At least I have a reasonable expectation with Go Daddy that they will not suspend my domain without a good reason.

      Bad things happened, that's not a reason to erase inanimate, historical, objects from history.
      Insert whole free speech defend though I disagree speech here.

      I would also like to note that I have personal experience with some proboards.com users abusing the send message to all members capability. Their use of the send to all function meets some definitions of spam. You know what? the particularly annoying user just might have been hosted on proboards21.com. I'm not sad to see that they have been stopped, even though I disagree with the method used.

  5. Re:Godaddy by jmt9581 · · Score: 4, Funny
    Work it out, if not, get fuckoffgodaddy.com, and tell the world. Bad reputation can cause lots of damages.

    If you do get fuckoffgodaddy.com, at least remember not to register it through them. :)

    --

    My blog

  6. I had something similar happen. by AtariAmarok · · Score: 4, Interesting

    I had something similar happen. I registered a domain with a fly-by-night registrar. They took the money and closed down. I actually managed to find his home phone #. His mother (?) answered and actually said that the guy just got out of jail again.

    Anyway, I explained this to the registrar upstream from the scam company, and the upstream registrar unlocked it for me, without having to have any communications with the jailbird. My money was lost, but I was able to move the domain elsewhere.

    --
    Don't blame Durga. I voted for Centauri.
  7. Did you read this? by jjshoe · · Score: 4, Informative

    Did you read this?

    --
    -- botsex is {grep;touch;strip;unzip;head;mount} /dev/girl -t {wet;fsck;fsck;yes;yes;yes;umount} {/de
    1. Re:Did you read this? by JohnnyComeLately · · Score: 4, Insightful
      I was thinking the same thing. On top of that, a spammer COUNTS on getting shut down. A real spammer will move on and not pay. So this looks like a policy that really only screws legit customers, however given it only hits a few percentage they haven't changed it. I'd certainly never do biz with them.


      John

  8. Gandi by TheSHAD0W · · Score: 4, Interesting

    https://www.gandi.net/contract.en.txt

    "The Client owns the Domain Name registered. Gandi simply acts on the Client's behalf."

    No, I'm not affiliated with Gandi, but I do use them for my registration services. They're the only company who makes such a statement in their contract (AFAIK).

  9. Who to contact, and why to stay with 'em. by ezraekman · · Score: 4, Informative

    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.

  10. Possible reason by squiggleslash · · Score: 4, Informative
    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...

    --
    You are not alone. This is not normal. None of this is normal.
  11. Re:do a domain transfer by /dev/trash · · Score: 4, Insightful

    it's in dispute....he can't transfer it.

  12. More Details by pclinger · · Score: 5, Interesting

    I got more details from GoDaddy as I talked to their abuse department on the phone. This is what they told me:

    1) Some person (a person I do not know) sent out an email to a bunch of people with their newsletter, and included a link to their message board that was hosted by ProBoards.
    2) Another person received a copy of that email, and took it as spam (it may have been -- although the email looks like a newsletter).
    3) That person SpamCop report, and contacted GoDaddy regarding it.
    4) I deleted that message board account about 2 days prior to GoDaddy disabling my domain name.
    5) GoDaddy disabled the domain because it was "associated" with spam.

    Now let me make this clear if you don't understand it: Some person out there on the Internet sent an email to another person out there on the Internet and because that email mentioned my domain name in the body of it, my domain was disabled for being associated with spam.

    The email did NOT originate from my servers, it was not sent by me or a member of my staff. It is just like if I opened up my mail program and sent an email to a hundred people mentioning somewhere in the email "slashdot.org" and then /.'s registrar disables their domain by changing their name servers.

    To top the entire situation off, GoDaddy charged me a $250 fee to get my domain name back! I am now looking to transfer my domain names to a new registrar, so time to start looking - and time to start considering legal action.

    --
    /. editors made it impossible to link to file:///c:/con/con in my sig. Please just type it in
    1. Re:More Details by Eponymous+Cowboy · · Score: 5, Insightful

      This whole thing bothers me to no end.

      I've noticed this kind of thing happens all the time in life, and I really am starting to dislike it: Everything is going just fine, you do nothing wrong, someone else screws up--completely outside of your control--and it takes you time and money to fix it.

      I've gotten half-a-million-dollar tax bills because my state double-issued a taxpayer ID. I've been pulled over for speeding by the police within seconds of entering a highway, not even yet at highway speed, because my car happened to be the same model as someone they had clocked miles up the highway. I've had my ISP cancel my account when their credit card processor double-billed my card and marked the chargeback of the second amount as nonpayal.

      And now, I've got this to worry about, too. I have around twenty domain names with GoDaddy.

      I really empathize with you. This just sucks.

      I really hope that you can get the $250 refunded, talking with the right people at GoDaddy.com. Please keep us updated, if not here, then in your Slashdot journal. I can't imagine that they could keep the $250; I am amazed they actually made you pay it in the first place.

      If you cannot get them to refund the $250 within the next week or so, here is what I would recommend:

      Transfer all of your domain names elswhere (once you find a registrar of course). Then once they have been successfully transferred, dispute the $250 charge with your credit card company. You have 60 days from the date of your statement; so anywhere from 60 to 90 days from today, depending on when your next statement is sent out. It's as easy as filling out a form or writing a short letter and mailing it in. Your credit card company will side with you by default, that's how they work, and refund the money immediately. The burden of proof will then like with GoDaddy.com to show that they charged you this fee correctly; if what you have said is true, they will be unable to do it.

      Of course it will be a hassle, transferring your domain names. Hopefully it won't come to that, and GoDaddy will step up to the plate, refund your $250, and apologize. Let us know what happens. I wish you the best.

      --
      It's hard for thee to kick against the pricks.
  13. Re:Godaddy by pclinger · · Score: 4, Interesting

    If you read my message, I never said my server was used as a spam relay -- it wasn't. My servers are locked down, I don't leave them as open relays. I'm not an idiot.

    GoDaddy disabled my domain because some person sent an email to another person, and mentioned my domain in that email. It is as simple was that. The email did not originate from my servers. The email had nothing to do with me, except it mentioned the URL of one of the over 500,000 message boards that ProBoards hosts.

    Don't make accusations when you don't know the facts.

    --
    /. editors made it impossible to link to file:///c:/con/con in my sig. Please just type it in
  14. Re:Give them a call! by aster_ken · · Score: 4, Insightful

    When I was working for a law firm in downtown Dallas, I had to work with 174 domain names registered with GoDaddy. I had a few minor quibbles with them, but their telephone support was second-to-none. Just give the guys a call. The worst they could do is say no.

    Don't get irate with them on the phone, either - that'll just convince the telephone rep. to not help you. Be nice, courteous - it's not that guy's fault. Don't threaten with lawyers or the BBB to the phone guys. Save that for certified mail.

  15. Re:Umm, call them? by toast0 · · Score: 4, Informative
    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?