Domain held hostage

Discussion in 'Legal Issues' started by Maca, Sep 28, 2006.

  1. #1
    Hey, I dont know if this is the right place to post.
    I just purchased a domain through a local hosting company, but they refuse to give me the data to administer it, which is password and username. They claim that I have no right to do so, and even if it is supposed to be mine; its registered under their name at nic.com. They just linked it to my old site wich already had a domain.:mad:

    Is this legal?or normal?
    What can I do?
    Can I notify nic.com about this?
    How do I prove that the domain name is mine.

    Help:(
     
    Maca, Sep 28, 2006 IP
  2. Barti1987

    Barti1987 Well-Known Member

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    #2
    Depends on what their TOS says.

    For example in my hosting service I own the domains, but if users want to transfer ownership, they could do it for a fee.

    Peace,
     
    Barti1987, Sep 28, 2006 IP
  3. RRWH

    RRWH Active Member

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    #3
    Just another example of why you should register your own domain names and never let a 3rd party (such as your current host) do it for you
     
    RRWH, Sep 28, 2006 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #4
    Yes. Yes, although not quite "fair".

    Sue them.

    Sure. But they'll do nothing.

    That's for a Court to decide.
     
    Dave Zan, Sep 29, 2006 IP
  5. Old Welsh Guy

    Old Welsh Guy Notable Member

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    #5
    Do you have an invoice from them itemising the domain name? If you do, and you have paid it, then you can go direct to the domain Registrar and resolve it with them. I get this all the time, and Nominet in the UK are brilliant. I must claim back at least 6 or more domains a year for new clients.

    It doesn't matter WHO is the registered owner, it is who owns it that matters. If YOU can prove a contract in law that fulfills contractual law obligations

    1. offer
    2. acceptance
    3. consideration (consideration in law means payment of some sort).

    If you have an invoice for work that includes the domain, and you have NOT signed away your rights in a contract, then you can get it away from them :)
     
    Old Welsh Guy, Sep 29, 2006 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    There are 2 potential caveats to your post:

    1. The OP registers the domain name through the hosting company and pays
    with his credit card.

    2. The hosting company - reseller registers the domain name through their
    registrar partner and pays with their credit card and puts it under their name.

    How's the OP supposed to prove he paid for it?

    And it does matter who is listed as the registrant. Registrars don't know and
    don't care what happened when the domain name was registered.

    Nominet has a unique system of resolving this kind of dispute. But how they
    approach it isn't necessarily handled the same way by another.

    So what's possibly left? The Courts, unfortunately.

    Just pointing out potential realities here.
     
    Dave Zan, Sep 29, 2006 IP
  7. Old Welsh Guy

    Old Welsh Guy Notable Member

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    #7
    Dave Zan, I am talking legaly here, so I WAS saying about what a court would decide (not much point in talking about contractual law if your not going to court) :). I understand what you are saying though, and agree that the courts are the ultimate adjudicator, but I have to disagree with this statement.

    If a court decide that this guy owns his domain, then they MUST comply or be in contempt! I doubt the directors will want to spend 28 days in jail for a poxy few £ :D

    I am of course talking UK law, don't have a clue how the Murcans do things across the pond. ;)
     
    Old Welsh Guy, Sep 29, 2006 IP
  8. Robert Allen

    Robert Allen Peon

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    #8
    Its not fair, but i would like to know the site which is doing this so i could avoid it.

    Robert
     
    Robert Allen, Sep 29, 2006 IP
  9. Barti1987

    Barti1987 Well-Known Member

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    #9
    Most starting companies would do it, larger chances if the domain is for free.

    Even Ipowerweb use to do it when they started.

    There is nothing wrong with that, just insure you are using a legit and always read TOS.

    Peace,
     
    Barti1987, Sep 29, 2006 IP
  10. trojan

    trojan Peon

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    #10
    You should always register your own domain name. Most hosting compnay will offer you free domain registration along with a hosting package but the problem starts when you want to switch hosting. Usually they will charge a domain name transfer fee (which is can be anything, since there isn't a standard cost here) ;)
     
    trojan, Sep 30, 2006 IP
  11. abe

    abe Active Member

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    #11
    have an attorney send a scary looking letter
     
    abe, Oct 1, 2006 IP