'Stolen' Domain - By the company I bought from. [Domainsite.com]

[miniplaya]

Hey Guys,

I had my domain, and website up and running. It was a free hosting company until yesterday when domainsite.com emailed me saying they have taken the domain back. The reason was one of my free users had a pshing website, which I check daily for anyway.

Now on their website it says, if they have had a written report they will contact me and I have 60 days to respond. Considering the site has only been up 2 weeks that is impossible.

Are they acting within the law to take the domain? Should I report it to ICANN? What should I do as I am pretty sure domainsite.com can not just 'take' my domain back. Especially as it was a premium 4 letter .com with very high traffic. Scam? I have used them for many other domains but this is really the only one of worth. Says something if you ask me.

Alex

P.s [edit] They are also not replying to my emails.

[dnk]

Try contacting them on phone, usually it is more effective

[Spider-Man]

They're perfectly within their rights to take a domain off of you, especially if you were seen actively promoting phishing, warez, terrorism, violence, etc, etc. The ICANN won't have any sympathy for you if this is the case either.

Next time, think before you take action;)

[jolt1]

id say try for sure to get it back, obviously if they "stole" it from you they aren't going to be very lenient on giving it back. but, it never hurts to try your best.

[miniplaya]

I tried ringing, I couldn't get through.

if you were seen actively promoting phishing, warez, terrorism, violence, etc,

That is just rubbish... I had over 400 users, it is impossible to check daily.

[Spider-Man]

That is just rubbish... I had over 400 users, it is impossible to check daily.

No it's not. That's like saying a Warez site should be perfectly acceptable because it has hundreds, if not, thousands of members:confused:

If the project scope was beyond your limits - either employ staff, ask friends to help out, sell it, or give up - losing a domain because of such, which, for the record, is very highly unlikely - members here are banned all the time for illegal signature/profile links - no domain registar comes here and ceases digitalpoint.com because of a couple of isolated incidents before the mods can take action.

No sympathy from ICANN, no sympathy from me, and no sympathy from anyone else.

[miniplaya]

No, its nothing like that. I didn't say 400 are pshers. Any free hosting company will tell you, you get them all the time. Me and the company I work with check daily, we have computers checking but this slipped our vision, it can only have been there under a week so we should not have lost our domain for it. They didn't tell me the sub domain that used it or anything so I can't even check if its true, dealt with, or follow my hosts rules for pshers. The fact is that they took the domain which under their terms I should have had 60 days notice. I ban anyone that pshes so please stop implying I was allowing it.


P.s you said yourself they shouldn't over one incident however their email said 'suspected of
being an ebay phishing site.' One site..

[miniplaya]

Just to update you:

Domainsite has given back the domain! They said sorry and that was it :S

[MOG]

yep, domainsite have no right to get involved... its not a matter of sympathy, its a matter of legal rights.

[Dave Zan]

Are they acting within the law to take the domain?

yep, domainsite have no right to get involved... its not a matter of sympathy, its a matter of legal rights.

While it's good to read the issue has been resolved, one answer to your query
above is potentially yes. A followup question to that depends on your registrar
agreement, which a lot of people unfortunately don't read.

Better take time to read it while you can since it spells out what both you and
they can and can't do. Last thing you'd want is another unexpected surprise,
especially since the registrar actually has more enforceable rights than you.

Whether the registrar has no right to interfere or not depends on your ability
to enforce what you believe is your right as well. Rights are disputed by other
people every other day.

[GmacOr]

what is the name of your domain?

[miniplaya]

While it's good to read the issue has been resolved, one answer to your query
above is potentially yes. A followup question to that depends on your registrar
agreement, which a lot of people unfortunately don't read.

Better take time to read it while you can since it spells out what both you and
they can and can't do. Last thing you'd want is another unexpected surprise,
especially since the registrar actually has more enforceable rights than you.

Whether the registrar has no right to interfere or not depends on your ability
to enforce what you believe is your right as well. Rights are disputed by other
people every other day.


Their agreement states that you will be given 60 days notice.

[GmacOr]

Hey you haven't answered me? why?
What is the name of your domain??

[meetgs]

No it's not. That's like saying a Warez site should be perfectly acceptable because it has hundreds, if not, thousands of members:confused:

If the project scope was beyond your limits - either employ staff, ask friends to help out, sell it, or give up - losing a domain because of such, which, for the record, is very highly unlikely - members here are banned all the time for illegal signature/profile links - no domain registar comes here and ceases digitalpoint.com because of a couple of isolated incidents before the mods can take action.

No sympathy from ICANN, no sympathy from me, and no sympathy from anyone else.

Unfortunately you are missing the point, or maybe you didn't read the whole post.

It is not a matter of sympathy.
And yes he is trying to keep his domain clean, but even in DP, you cannot expect any mod to delete illegal content the second it appears. Everything takes time and there is the legal agreement...

"The fact is that they took the domain which under their terms I should have had 60 days notice."

"Their agreement states that you will be given 60 days notice."

[Dave Zan]

Their agreement states that you will be given 60 days notice.

You mean this?

http://domainsite.com/registration_agreement.php

The disabling notification process:
If a third party notifies us in writing that you have acted in a fashion which they believe violates their legal rights or if we are notified by the authorities (a governmental agency) that you have violated such third party's legal rights or committed a criminal act as a direct result of your registration or use of a domain name, we will:

Freeze the DNS of that domain;
Forward to you a copy of the written complaint from the third party or authority to you;
You will have twenty (20) days to respond to the allegation;
If you respond to the allegation with a denial we will reinstate your control over the domain;
If you do not respond within 20 days we will send you a certified letter, return receipt requested, with a copy of the third party notification as well as our notification that we will completely disable your domain if you do not respond within 60 days of the date of our initial notification to you;
If the third party or legal authority takes legal action against you we will continue to keep the DNS frozen until told to do otherwise through a court or administrative agency order.

It said they'll completely disable your domain if you do not respond within 60
days of the date of their initial notification to you arising from a dispute by a
3rd party. In your case, however:

Spot Domain may also cancel the registration of a domain name, after the initial sixty-day period, if that name is being used in association with spam or objectionable (either morally or otherwise)activities. Objectionable activities may include, but are not limited to: activities designed to defame, abuse, threaten, or harass third parties; activities prohibited by the laws of the United States; activities prohibited in foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others; activities that are tortuous, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; and activities designed to impersonate the identity of a third party. In the event that we delete the registration of a domain name being used in association with spam or objectionable activities, no refund will be issued.

You were seen to violate their registration agreement, which is different.

[meetgs]

You will have twenty (20) days to respond to the allegation;

Spot Domain may also cancel the registration of a domain name, after the initial sixty-day period, if that name is being used in association with spam or objectionable (either morally or otherwise)activities

As I said before, "Everything takes time."

[Dave Zan]

As I said before, "Everything takes time."

And who decides the time?

20. RIGHT OF REFUSAL. You agree that we may, in our sole discretion and without liability to you, refuse to accept the registration of any domain name. We may also in our sole discretion and without liability to you, delete the registration of any domain name during the first sixty days after the initial registration date.

I actually wanted to post the entire thing, but I didn't want to risk being sued
for alleged copyright infringement. :D

[wisdomtool]

For free host, phishing sites is always a problem as the scammers tried their best to make use of whatever resources to phish. It is tough work to police these. But as long as there is a report and you take down the sites immediately as well as keep an eye for such sites, domain registrars should not take away your domain.

[ernan]

it had happen to me before not the same case but i lost my domain too.. anyway.. bad experience but i think i learned a lesson. try buying a domain or webhost that has a good reputation..

[meetgs]

And who decides the time?

I actually wanted to post the entire thing, but I didn't want to risk being sued
for alleged copyright infringement. :D

Maybe God does :rolleyes:
Err... talking in context, even after a phishing report is made, it will take some time for the owner to resolve the situation. In this case, the time is decided by the legal agreement.

We may also in our sole discretion and without liability to you, delete the registration of any domain name during the first sixty days after the initial registration date.

So that's the keyword... In order to be really safe, you have to register the domain, wait 60 days, and only then can you be granted the xx-days resolution time. Otherwise your domain CAN be taken away from you at "their sole discretion".......

[chandan123]

how come they take domain :confused:

freehostia.com , 110mb.com there are so many phishing friendly hosting sites are there why they have not taken back by icann

[miniplaya]

ICANN did not take it, domainsite did.