Help ! My domain has been suspended !!

Discussion in 'Legal Issues' started by Alfredito, Oct 4, 2008.

  1. eddy2099

    eddy2099 Peon

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    #21
    Well, it looks like they suspended your domain name so as to prevent you from selling those replica watches which are infringing copyright laws.

    You could launch a counter-suit as long as you got explicit permission from the copyright owners to allow you to sell those watches or you actually own the copyrights to them. Otherwise, you have no legal leg to stand anywhere. It is a good thing that they have not brought you to court already.

    By the way, since you claimed that you would remove all the copyright contents but why I am still seeing them on your website ? It does appear that if you are to remove all the contents and watches which are in copyright violation, you probably end up with an empty website since all you sell are watches which are in direct violation of copyright laws.
     
    eddy2099, Oct 5, 2008 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #22
    Ouch. I guess the keyword there is "permanent".

    Unless you're able to find someone even remotely sympathetic at PDR, this is
    practically a lost cause.
     
    Dave Zan, Oct 5, 2008 IP
  3. Alfredito

    Alfredito Peon

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    #23
    I do not understand, Its MY domain, i paid for it, right now i cant access anything so i cant delete any content, i can sell regular watches there if i want to... no ? So what right do they have ?
     
    Alfredito, Oct 5, 2008 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #24
    If you buy a car, can you use it to rob a bank?

    Now, you and others might not like what I'm going to say next. But what I am
    about to say is practically the truth, which no one is forced to agree or even
    accept if one doesn't feel like it.

    In reality, we don't own the domain names we register. Unlike a car, a laptop,
    or any item we pay for with our hard-earned money, domain registration is and
    always will be a service.

    Like any service, what you can and can't do with it is dictated by the terms of
    your provider's contract or agreement. While you may not personally agree to
    any of its terms, let's just say for argument's sake you legally agree to it still
    upon signing up.

    Various decisions have gone both ways voiding or upholding contracts. But if
    you look around hard enough, you're bound to find more upholding contracts
    "signed" online, via checking the box beside "I've read the contract and agree
    to its terms" for example.

    (Of course, you can still challenge that in court if you want to. But you better
    ask yourself if it's worth it, and you better be ready for the registrar to file a
    countersuit if they see you have assets worth going after.)

    That said, your registrar's contract defines your so-called "rights". It happens
    that among them includes agreeing to their Acceptable Use Policy (AUP), and
    it also happens to be strict towards activities they deem unacceptable, which
    includes what you did.

    Most likely, PDR received a complaint and eventually "judged" you broke their
    contract. Beats anyone here if they exhaustively verified it or so.

    Unfortunately I'm not optimistic on your being able to get the domain back. I
    guess one could maybe write as many online negative reviews as they wish,
    but I've seen others done so yet PDR has remained in business over the years.

    While people are free to believe whatever they want, having and insisting on
    unrealistic expectations never helped anyone.
     
    Dave Zan, Oct 6, 2008 IP
    eddy2099 and Nonny like this.
  5. eddy2099

    eddy2099 Peon

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    #25
    Actually, it is a misconception that because you paid a few dollars for the domain name, it is yours to use without regards to anything. Basically, you are just leasing the domain name for the period you paid for and it is not yours to keep if you do not pay for it. Besides, Domain Name Registrars have the rights to govern the usage of the domain name so as to prevent the suffering of innocent parties, in this case the copyright owners. It is one of the term you agreed upon when you signed up for the domain name so you would need to abide by it.

    Put yourself in the copyright owners' shoes, if you find that people are making and selling replica knock-outs without giving you any due compensation for and it draws sales away from you, would you be happy ? Would you be encouraging them to do so so that you will lose sales and reputation when others identify that to your quality ?
     
    eddy2099, Oct 6, 2008 IP
    Dave Zan likes this.
  6. buntoo

    buntoo Well-Known Member

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    #26
    You were selling replica watches for a fraction of the cost of the real ones.
    I know many watch companies are fighting against the distribution of low cost products (especially ones made in China/Japan).
    Imagine this, you are selling a Omega watch, which retails for about 1000$, on your website for 175$. It looks exactly the same, with the omega logo and same design. You see why its illegal?
    You are very lucky that the company is not suing you. They can seize your earnings if they wanted to, but you are a small player for them and they dont want to waste time.
    It is your domain agreed, but what you can or cannot do with it depends on your registrars agreements.
    Its the same reason as why you cant sell, say a windows vista CD on your website that you burnt yourself or say copies of your music cds.
    They all are copyright infringement.
    I dont blame the registrar, if they dont remove/delete such domains, they can be held responsible.
    Suggest you to make another website and sell non-black market products.

     
    buntoo, Oct 6, 2008 IP
  7. -whynot-

    -whynot- Banned

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    #27
    if that website earn money for you take lawyer,make a file against ICANN, they will solve it
     
    -whynot-, Oct 6, 2008 IP
  8. oliviakitty

    oliviakitty Peon

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    #28
    I'm very sorry about your situation.
    At least you have two other websites to hold onto :(

    Hosts are supposed to give customers a chance to comply with the DMCA complaint.
    If that's not a legal obligation, I'm thankful for finding hosts with the common decency to do so.

    The host in question hasn't even given proof there was a complaint.
    Or even bothered to explain said complaint to a customer gracious enough to pay 8 years in advance.

    Who is your host? I want to actively avoid them.
    PM it to me if stating it publicly is against some rule
     
    oliviakitty, Oct 6, 2008 IP
  9. Dave Zan

    Dave Zan Well-Known Member

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    #29
    Oh really? Kindly point out where in ICANN's site where they even remotely say
    they'll help with this sort of thing.
     
    Dave Zan, Oct 6, 2008 IP
  10. Alfredito

    Alfredito Peon

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    #30
    Ok, i have sent them another email... lets hope it works, i will keep you guys updated, thanks for all your help.
     
    Alfredito, Oct 7, 2008 IP
  11. angiestarr

    angiestarr Peon

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    #31
    Does everyone sell replica watches?! Some how I must have been put on the list to send spam email to. I've been getting about two emails a day from "people" selling replica watches!
     
    angiestarr, Oct 8, 2008 IP
  12. eddy2099

    eddy2099 Peon

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    #32


    Not being able to access your domain name does not mean you cannot access the webpages on the website via ftp. As you know, each website is linked to an IP address which may be dynamic or static and can be used to access the site with the right ftp credentials. If you do not know the IP address which is associate to your site, you can contact your website and ask them for it so that you can go in and make the necessary changes by removing all the offending contents, ie any information about replica watchs and copyright materials.
     
    eddy2099, Oct 9, 2008 IP
  13. Alfredito

    Alfredito Peon

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    #33
    Hi guys,

    Just a small update, after about 3 weeks suspension and LOTS of emails i got my domain back.

    Thanks for all your help.. :)
     
    Alfredito, Oct 26, 2008 IP
  14. progy

    progy Member

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    #34
    What did you have to do to get it back?
     
    progy, Oct 27, 2008 IP
  15. Alfredito

    Alfredito Peon

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    #35
    Many begging emails and of course removing all infringing content from the site.
     
    Alfredito, Oct 27, 2008 IP
  16. Feydakin

    Feydakin Active Member

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    #36
    I am an Authorized Rolex Dealer and am pretty happy to see another knock off website get crushed.. Gives me a warm feeling inside to see counterfeiters lose..
     
    Feydakin, Oct 27, 2008 IP
  17. Dave Zan

    Dave Zan Well-Known Member

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    #37
    And I guess it included a response something like "I promise not to do it again"?
     
    Dave Zan, Oct 28, 2008 IP
  18. rthomp43

    rthomp43 Peon

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    #38
    This happened to me with my domain bigmb.com because of abuse!
     
    rthomp43, Oct 28, 2008 IP
  19. jeszone

    jeszone Peon

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    #39
    Hi everyone,

    I have just face the same problem a few hours ago. At first i cant login to my admin panel then later the site could not be found. I'm using Joomla 1.015 script for a religious site and some components and modules found on Joomla.org. After thinking hard, i found a notification in my email saying that the domain has been suspended for involvement in phishing activity. I really have no idea about that. I suspect that, one of the modules i used has backdoors.

    I have just contacted the domain registrar.

    Can anyone shed light about this issue?
     
    jeszone, Mar 16, 2009 IP
  20. devmishra

    devmishra Banned

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    #40
    Congrats that you got your domain back. But don't ever repeat the same mistake or you can even face court or even imprisonment.
     
    devmishra, Mar 18, 2009 IP