That is one of the most stupid and dishonest suggestions I've ever seen. Full emphasis on dishonest. You think Go Daddy or any other well-known registrar were born yesterday? They get those kinds of letters once in a while and simply ignore them. You don't lose what you never had in the first place (the domain name in this case). And if you don't have any valid enforceable claims, you're wasting your time. The misspelled domain name the OP posted is available, so I guess s/he got her/his money back. But no, you can't force the registrar to get that name for you, no matter what or how you feel about it. To the OP: if you're lucky and you didn't: a) search the domain name on your browser, and b) contact the current registrant about it, then give it 120 hours or 5 days from the registration date. It might be available by then.
I don't disagree. I thought this was what Achilles was looking for though. That's why I stressed the importance of making it look professional. When done correctly results can be achieved. His claim is valid, enforcable in whichever way he chooses, and he has proof. But u can sue them for giving the impression that the've done something for in return for what you've paid them if in actual fact they haven't done it.
If one of the desired results is to get their attention, yes. But one is dreaming if s/he believes s/he can force the registrar to get the domain name that was supposed to have been registered. It's been 4 years since I've left the domain registration business. But I keep abreast, and I've yet to hear of any successful claim for such. His claim is valid? He has a receipt of payment, but they refunded the money. Enforceable in whichever way he chooses? In his mind at the very least, but not legally in the real world. I may not be a lawyer. But I've dealt with that exact issue many times. I refer you again to Go Daddy's registration agreement: http://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?se=+&pageid=REG_SA They may have not been able to deliver the goods "as promised". But they did refund his money based on the last sentence above. No registrar can ever guarantee 100% they'll be able to successfully register a domain name their customer wants. They can at least try, but that's all. If you think about it, no business on earth can ever produce the desired result all the time. That's what legal fine prints are for: to state what they can and can't do, and essentially limit their liability. The US' e-signature law makes checking the box beside "I have read the legal fine prints and agree to its terms" the online equivalent of signing your name on a paper contract. Outside of the US, you'll have to ask yourself how can you possibly collect damages from them. If you believe Go Daddy shouldn't be in business, then neither should all other registrars since, again, none of them can guarantee results. Good if they can, but realistically they can't all the time. I'm basing my answers on what's realistic, however bullsh** some people can find them. However, all is possibly not lost for the OP. I gave a few suggestions earlier.
And statements like that are why America is so fucked up. He lost out on $8 purchase, A) He doesn't get to keep the attorney fees and he's out of pocket until he wins, if he loses then he may have to pay GoDaddy's attorney fees. B) He can't claim these mythical future earnings as he can't prove they would materialize. C) What loss of time? It takes 10 secs to register a domain name. D) What Internet policies were violated exactly and what rights does he have to sue GoDaddy for breaking them? E) The ToS negates all of the above anyway. The only people who say sue for an $8 loss are morons who have never been to court in their lives. It's expensive, it's time consuming and it's risky. No one with half a brain goes to court for that kind of money.
First of all, there is no possible way he could get the domain, because it is in the possession of someone else. It was never registered through GoDaddy, so they have no claim to it. They can't just go in and say, "oh, we made a mistake, so we're gonna take this domain from person B (the legal registrant) and bypass Registrar B in order to get it back... Not going to happen. Secondly, if you sue someone, you need to prove damages. If you know anything about contract law, breach of contract doesn't allow you to claim an exhorbitant amount of unfounded damages. It merely attempts to rectify and make the situation exactly as it was before the contract, so both parties end up with what they started out with or are entitled to. Assuming the TOS didn't exist (which nullifies any claims you'd have, since you agreed to it), the most you could prove in damages would be $8.95, which they've already offered to refund. You can't prove that the domain had any value outside of it's registration cost. You can't prove that it disrupted your business, because you never had possession of it and therefore it was never part of your business. You can't claim anything really... And if you goto court over $8.95 which the company offered to refund, the judge will throw you out... Now, as far as GoDaddy is concerned.. these things happen anywhere. I know GoDaddy has a habit of having invalid whois info, where it'll show a domain as available to register when it is not. I dont think that was the case for the OP, but the people who register a domain based on invalid whois info would probably have MORE of a case (which still isnt much) than someone whose domain was not registered through error. Basically.. Get over it and move on. What the hell is so valuable about spottedmonkey.com? Try spottedkangaroo.com, its available
I'm new here and found this very interesting thread while searching. I'm curious whatever came about. It seems like a lot of the advice that you received here is hogwash...and I'll give you some too since I'm also not a lawyer nor do I play one on the internet. Anyway...It seems that Godaddy has the contractual right to refuse your registration but it is good evidence that they did in fact accept the registration by (a) giving you an invoice and (b) charging your credit card. IMHO if they try to argue any part of this agreement you can show proof that your credit card was charged. If they charged your card without the intention of providing goods/services (i.e., using their contractual right to refuse your registration) they are committing fraud. The sentence that allows godaddy the ability to take back your domain within 30 days I don't think applies here because they never gave it to you anyway. But even if it did, I'm not sure it would hold up in court. I could have you agree digitally sign an agreement that says that you'll kill your mom tomorrow! Just because it is in writing, doesn't mean it will hold up because all law supercedes a contractual agreement. But anyway...it won't do you any good to argue about it on a forum...so what would I do? SUE! File a case in small claims court. Depending on your state you can probably sue for $5000-$1000 and it won't cost you much. I pay $50 for a filing fee and $8 to serve papers by certified mail. If they don't sign, then you'll need to hire a process server for another $30 or so. You've probably moved on by now but I hope at least this serves as a warning to anyone wanting to deal with godaddy. Some argue that this could have happened with any registrar---that isn't the point. If there is a chance they can't deliver, then they shouldn't have charged your credit card and sent you a confirmation email. Cheers
GoDaddy sold me over 160 counterfeit domain names. My most valuable domains, car.sale, car.auction, car.review, and car.directory, were immediately advertised across multiple registrars as costing $60,000 each... This was three months after the sunrise period. I lost over $11000, $9800 of which has been forcefully refunded via a 6 month long dispute with bank of america. They finally sided with me after I submitted over 400 pages of evidence and blew open their entire scam and how it works. Comcast's attorneys told me I have the most serious case of intellectual property theft they'd ever seen since the firm started over 50 years ago. When a registrar mines your good ideas, and sells you counterfeit domains, and auctions of your ideas for a profit, its theft and fraud and its illegal regardless of whether or not their terms and conditions give them the express permission to do so. I'm down to team up with you or anyone else that wants to class action this mutha. Contact me directly if interested or know of an outstanding attorney to help navigate this suit. And there mist certainly is a way to forecast future revenue of a domain name. DomainTools.com and estibot.com are pretty spot on.
Bank of america agreed and force issued me a 9800 dollar refund... Is that a valid enough claim? I'm ready to be the poster child.
It's when you buy a domain name and the registrar really likes it and you take too long to check out and your domain is removed from your cart and replaced with another name. Or if you buy a ton of names and call in for support and the employee who is helping you steals and replaces your domain hoping you won't notice.
I dont understand how the counterfeiting domains is even possible. But I promise you, that you were not the only one trying to get car.sale If you really think you are the only one trying to get car.sale, then you are a retard, and I do not want to talk to you. The owner of the TLD would have set a premium price on this name. Registrars, like namecheap, would have let you buy it... but would not have gone through properly and it will never have shown up in your account. Ok, here is some of my experience with the newer TLDS, NOT from godaddy. Brought an amazing domain, (brought some before landrush, after landrush when it was open to public etc) Took weeks for it to be refunded, as it had apparently been set aside by the TLD operator (or pre-sold to someone else before general release). I was furious about it, but ifor one domain, t was sold days prior to me. again with namecheap, i had heaps of domains set to be grabbed as soon as it went to be publicly listed, only to have dozens of them being "rejected" as the price set by the TLD owner was different to the standard pricing. You have to understand, sooo many new TLDS were dumped so quickly, and some different TLD's have different requirements, that these platforms were flat out trying to keep up. I found sooo many faults with namecheap, i lost soo many domains as well due to their bugs, not to mention, domains that ARE AVAILABLE, but are "premium" and not available via their system, show up as being "unavailable", which again, means you miss out on domains you could buy from instra, godaddy or others. I do not know anything about what really happened with your domains, however, It is highly possible, that you, buying car.sale seemed like it was 100% yours, when in reality, their system which was deployed in a rush without real proper testing had bugs which meant that while your sale should have been rejected, it went through. Somewhere i have reciepts for domains I owned, but never owned from namecheap. I really find it hard to believe godaddy system could be swapping out items in your cart. But i can completely understand buying domains, and weeks later, finding out the gut wrenching news that you dont own it due to a system bug. Perhaps, godaddy in the same position as namecheap, simply chooses the nearest available, most similar spelt available domain as opposed to leaving your domain account empty. I had hundreds of domains that I wanted listed. Walked away with a mere handful, and spent weeks fighting different registrars for refunds. But who cares. Move on.
Of course you can sue them! Go and get a legal adviser, then do whatever the right thing you have to do.
You can sue and maybe win, but it will cost you around $50,000 or more. The reality is that little guys do not get justice. It is reserved for the wealthy.
I lost my DIRECT LOAN from STAFFORD LOANS from DEPARTMENT OF EDUCATION because of GoDaddy.com GoDaddy first took over my actual domain name, they gave me 3 days to respond to an offer they were given for the same name (I built the site and all scripts running perfectly for over 5 years, with new updates once per week), I was then learning everything about programming and didn't have time to check email(i was reading 1000+, one thousand+ lines of code per hour, no one checks emails daily unless your unemployed or a Business Manager(i was simply a Website Designer(which paid more than Doctors at the time $110/hr))) and then said it was given to a person in Russia. When I sought out the person in Russia(via whois), I was contacted by a GoDaddy representative and told that my entire site was bought out by them and I could not even get /root access to ANYTHING!. If you are considering GoDaddy, PLEASE go elsewhere. I now owe the USA Government $7,000 because of Direct Loans ONLY associated with GoDaddy website that I did have for less than 2 hours. When they realize you have an AWESOME NAME they will kick you out to. For first 1 hour I had over 30,000 views/clicks and once that happened GoDaddy KICKED ME OUT! they will KICK ANYONE FOR ANY REASON... STEER CLEAR OF GODADDY.COM My advice to anyone out there listening is to use a different Domain Name Service(DNS) and a different HOST NAME(HS) service. ALWAYS USE 2 DIFFERENT BUSINESSES FOR EACH SERVICE(dns AND hs), also as 1 business may close their door tomorrow without letting you know(though this was not the case with GoDaddy, they still exist). I hope this info helps someone out there! Posted May 2017
@logicatom you are making no sense. The emails that domain registrars send are a courtesy only. If you don't check them then you need to put reminders in your own calendar system or have some other method to check. How would you have preferred GoDaddy to send you reminders? snapchat? But the whole 'I had awesome traffic on a site that's only been live for 2 hours' thing seems dodgy. You wouldn't have even been spidered that quickly. So that makes me think you were up to no good and breached GoDaddy's TOS. But the whole 2 hours/3 days thing doesn't add up. Atleast you have your backups and can start over. Nobody uses their domain registrar for hosting - it's simple common sense but you're a rookie so I can see how you might have thought it would be ok. Good to see you've wised up. Are you saying that the Russian took out loans in your name? That's identity fraud and you should be talking to the police about it.
Do you have a fortune to "WASTE"? If so, you can break your head... TRYING to sue GoDaddy. GoDaddy is a huge company Do you think that they have Just 1 lawyer? If you sue them, keep in mind... They have tons of money to spend On legal fees. Do you have the same? Forget about whatever happened And move on in life. Best of luck.