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Stolen Domain

Discussion in 'Domain Names' started by GuyFromChicago, Jun 17, 2005.

  1. #1
    A client of mine asked me to take over the hosting of his website. I read the contract he signed with the developer/host (a webdesign company) and he owns the domain and site. The domain was registered in his name by the design company.

    He contacted them to let them know my company was going to take over the hosting. They agreed and called me to let me know they would get me the login/paasword info so I could arrange for the transfer.

    Then they stopped resposning to everything, even inquiries from my client's lawyer.

    Is there any way to take posession of a domain that's in your name when it was registered by a company that won't return calls/e-mails/letters?


    Thanks.
     
    GuyFromChicago, Jun 17, 2005 IP
  2. Dirkjan

    Dirkjan The Dutch SEO Guy

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    #2
    Hm. That will be difficult. As long as its on your clients name (they can change that as webhosting company, if they like) you could try to get in contact with the ICANN? I dont have experience with it, but there are some domain names listed at: http://www.icann.com/

    Maybe they can help you?
     
    Dirkjan, Jun 17, 2005 IP
    GuyFromChicago likes this.
  3. GuyFromChicago

    GuyFromChicago Permanent Peon

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    #3
    If the company doing this was local I would follow Shawn's prefered method of resolution - I would stab every last one of them.

    It really pisses me off. My client paid this company tens of thousands of dollars over the years. The were charging him $900+ a year just to host a little 4 page site. He paid every bill they ever sent him, and went he decided he was tired of getting ripped off they stopped returning calls and e-mails.

    Thanks for the tip man - I'll see if I can't find something there that will help.
     
    GuyFromChicago, Jun 17, 2005 IP
  4. NewComputer

    NewComputer Well-Known Member

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    #4
    Start a blog and tell the story...

    Your client will be happy and the company will not be...
     
    NewComputer, Jun 17, 2005 IP
  5. Caveman

    Caveman Peon

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    #5
    Doesn't your client know what their user/pass is? Seems kind of strange that he wouldn't. If he does, simply get the info from the client and proceed to transfer the site, databases etc. When it's done, have the client login to the registrar and change the nameservers and you should be good to go.

    Contacting ICAAN will do no good whatsoever, as they only "regulate" domain registrars. Unless this host is also a registrar, ICAAN will be useless.
     
    Caveman, Jun 17, 2005 IP
  6. GuyFromChicago

    GuyFromChicago Permanent Peon

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    #6
    No, it was a "hands off" operation for them. My client is not technical at all and most likely doesn't even really know the difference between his domain name and his actual site - which by the way the company is stealing also.

    My last option will be a blog or page explaining what happened. I'm not a big fan of "negative PR" but I've exhasted every other option with this company. I know who the bulk of thier other clients are as well...they don't do a very good of covering their tracks. I've considered contacting all of them as well to let them know that the minute they want to switch companies they will get screwed.
     
    GuyFromChicago, Jun 17, 2005 IP
  7. Dirkjan

    Dirkjan The Dutch SEO Guy

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    #7
    No offense, but in this case, I doubt negative PR will work. With asking 900 dollar, not replying to mail or phonecalls etc. It doesnt really sounds like this company is really concerned about negative PR. For their prices only they probably get enough negative PR but the income probably just covers up for it.

    I think you need to start some legal actions. Indeed, get someone to ring their doorbel. I dont know how such things work in America though. In Holland you could have started with a "aangetekende" letter, which means something like they have to sign when it arrives, so you know your letter is read. Useful in court etc. That often scares companies more than just phonecalls or negative PR.
     
    Dirkjan, Jun 18, 2005 IP
  8. ncv98

    ncv98 Peon

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    #8
    forget about the stolen domain name.

    if your client does not have any knowledge about registering domain names when he signed up with that company, chances are that F**KIN' company did everything legal to register that domain name to own it in the first place.

    there must be a finite number of people who use that domain name to interact with your client. if there are 1000 of them, call them all and tell them of your NEW domain name. its a great excuse to call and chat....that's how you make clients feel you care.

    don't waste your time and $ with what's lost.

    my 2 cent opinion.
     
    ncv98, Jun 18, 2005 IP
  9. ncv98

    ncv98 Peon

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    #9
    of course, this time, tell your client to learn from his mistake and do everything RIGHT!
     
    ncv98, Jun 18, 2005 IP
  10. GuyFromChicago

    GuyFromChicago Permanent Peon

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    #10
    As I stated in my opening post the contact clearly states to domain/site belongs to my client. The domain was registered in his name. It's a great domain name for his industry too.

    His customer list is 15,000+. His company has also been using the domain in newsletters, give aways and other coorspondance for years.

    My client paid this jerk off company tens of thousands of dollars over the years. I know I can go the legal route but was hoping that since the domain is in my client's name there was/is someone I could contact on his behalf to get it worked out.
     
    GuyFromChicago, Jun 18, 2005 IP
  11. GuyFromChicago

    GuyFromChicago Permanent Peon

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    #11
    I highly doubt that at this point he needs a lecture from me ;)
     
    GuyFromChicago, Jun 18, 2005 IP
  12. ncv98

    ncv98 Peon

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    #12
    sorry man, i should have read more clearly before giving my 2 cent.

    anyhow, best of luck to you and your client. :)
     
    ncv98, Jun 18, 2005 IP
  13. jbw

    jbw Peon

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    #13
    If the domain is registered in his name it should be possible. Can you pm me the domain name please ?
     
    jbw, Jun 18, 2005 IP
  14. GuyFromChicago

    GuyFromChicago Permanent Peon

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    #14
    How would I go about it? I can't release the domain name...confidentiality and all.
     
    GuyFromChicago, Jun 19, 2005 IP
  15. honey

    honey Prominent Member

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    #15
    Did you try to contact the registrar ? A fax from the legal registrant (notarized) with copies of the invoices would help. Depends from Registrar to Help.
     
    honey, Jun 19, 2005 IP
  16. Smyrl

    Smyrl Tomato Republic Staff

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    #16
    Is the domain name locked? This might help.

    NOTICE... November 2004 ICANN Transfer Policy Email
    We are sending customers an email regarding a new ICANN-enforced domain name transfer policy, effective 11-12-04. It dictates that IF WE RECEIVE A TRANSFER REQUEST (and your domain names are not locked) we must honor the transfer, even if you do not confirm it. You can eliminate ANY chance of your domain names being transferred away without your permission by locking your domains.

    Shannon
     
    Smyrl, Jun 19, 2005 IP
  17. GuyFromChicago

    GuyFromChicago Permanent Peon

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    #17
    Smyrl, yep, it's locked:(

    Honey, I'll try contacting them and see what happens.
     
    GuyFromChicago, Jun 19, 2005 IP
  18. exam

    exam Peon

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    #18
    Why don't you have your customer contact a lawyer and serve a summons or something to the name/address of the former website design company's domain?
    That might get their attention and get them to transfer the domain.
     
    exam, Jun 19, 2005 IP
  19. Josh

    Josh Peon

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    #19
    Dang.. I had that transfer idea as well, that sucks that its locked.

    I really don't know what to say.. I hope you get it all worked out.


    Josh
     
    Josh, Jun 19, 2005 IP
  20. wrmineo

    wrmineo Peon

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    #20
    Do a whois look up. No offense, but your client may not be fully disclosing the facts, or may not fully know and understand them.

    Do a lookup of the domain at whois.sc and get the registrar and registrant information. If it matches as your client says, contact the registrar regarding the domain. Depending on the registrar, it should be a no-brainer if the client is in fact listed as the registrant/owner of the domain.

    Also, if the whois db confirms your client's story, go to the BBB, Chamber of Commerce, State AG and like agencies with the complaint about the former design/host company.

    Most companies don't really care about bad press - getting their name out there - good, bad, indifferent - is still getting their name heard, seen, talked about. However, being contacted by the Better Bus. Bureau, Chamber of Commerce or even the State Attorney General is a whole other story - now they're risking their business, not getting free press.

    BLUF (Bottom Line Up Front):

    1. Get the facts.
    2. Act on the facts, not hearsay.
    3. Don't make threats - take action; reasonable action, not fanatical rants.

    If you come across uninformed, irate and irrational, your losing credibility and possible avenues of resolution before you even get started. If you start off knowing the facts, with a course of action/reaction preplanned, and professionally firm - you'll likely get results.

    I know it's frustrating, but don't let it show.

    Professionalism, Persistence and Patience will help you Prevail.

    Good luck - let us know how it works out please.
    w®m
     
    wrmineo, Jun 19, 2005 IP