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Help! Domain Name Expired (still in Grace-period) Registrar won't let me pay

Discussion in 'Domain Names' started by Roze, Nov 3, 2006.

  1. #1
    Hi all, It's been a long time since I stopped by, but I am in desperate need of some advice.

    I am dealing with mydotnames.net, they wont let me pay them because there was a credit card issue in the past with their hosting (they charged me without consent and I did a charge back through my CC company. I also can't get into my account, he says it's for security reasons - It feels like they're holding my domain hostage, and they're being unreasonable - why wont they let me use paypal which is definite funds and not a credit card.

    Is there any hope for me in this situation?

    Thanks for your advice...
    SEMrush
     
    Roze, Nov 3, 2006 IP
    SEMrush
  2. Colbyt

    Colbyt Notable Member

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    #2
    Politely mention that you intend to file a written complaint with ICann or the issusing authority if they don't allow you pay within x days.

    Then follow through with your threat and send a typed letter certified mail return receipt requested signature required to the issusing authority. This type of letter ALWAYS gets quick attention becuase it is the first step in a law suit.

    If you manage to keep the domain move it immediately to one of the better know names.
     
    Colbyt, Nov 3, 2006 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    That is really the last thing you oughta do when dealing with domain providers
    despite how you feel about it.

    When a domain provider, especially a registrar, receives a chargeback, they'll
    treat any and all such cases as fraud. They'll suspend and "take back" all and
    any domain name account/s whose first and last name matches that of the
    card in question and lock you out.

    Honestly Colby's answer isn't really going to help you. Neither ICANN nor any
    governing body will likely intervene because the moment you checked the box
    beside the "I have read the service agreement and agree to its terms", you've
    virtually agreed to all their terms even if you really don't.

    Below are some of the terms you agreed to that's relevant to your thread:

    http://mydotnames.net/terms/agreement.asp

    If the domain name means a lot to you, you might have to bite the bullet and
    pay any and all fees the domain provider might charge you. Threatening them
    with a lawsuit will likely do more harm than good.

    Know your rights, before a judge reads them for you.
     
    Dave Zan, Nov 4, 2006 IP
  4. Colbyt

    Colbyt Notable Member

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    #4
    One of us is mistaken. I thought the chargeback was related to an issue with hosting and not the purchase of the domain that is being "held hostage". If I am correct in that statement they have no legal right to hold the domain and I would follow the course of action that I mentioned.

    If I am the one who mis-read the post please accept my apology.

    This is another prime example of why you always buy and control your domains at one place and secure your hosting somewhere else.
     
    Colbyt, Nov 5, 2006 IP
  5. Olney

    Olney Berserker

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    #5
    If you owe them money for Hosting & they are also handling your domains, then you might be screwed.
    What ever happened in that chargeback take care of that first, if it's a hostiong matter, if it's a domain matter, no difference. Straighten out any resolved issues with that company.
    Check to see if a third party registrar might actually be managing the domain. If you you might have a chance to pay.
     
    Olney, Nov 5, 2006 IP
  6. AndyW

    AndyW Peon

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    #6
    If you've been operating under this name for a while you might be able file a URDP with WIPO and force them to give you the name back. THIS ISN'T CHEAP but if you DO have a TM on the name they will take it from whoever picked it up whether it goes to a drop or the registrar picks it up (registrar's do pick up their own drops to control the traffic and make money on ads) and give it back to you.

    Good luck,

    -Andy
     
    AndyW, Nov 5, 2006 IP
  7. Dave Zan

    Dave Zan Well-Known Member

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    #7
    No apologies needed, Colby. One can "interpret" anything anyway they see fit,
    which unfortunately isn't necessarily the same way how a judge or mediation
    panel might.

    Just IMHO: this is basically a contract issue. I'll bold the portion in emphasis:

    In the absence of any relevant specific law addressing this, the term above is
    pretty much legal. And again checking that box beside that "I have read the
    service agreement (or something similar) and agree to its terms" means you've
    virtually agreed to all of them, even if you really don't.

    One can always dispute it in Court. But...be ready for any consequences.

    Is something like this right or wrong? It depends on what side you're on.

    Andy, what you suggested is an idea. But I'm sorry to say it won't necessarily
    work, especially if the provider indicates the customer did a chargeback and
    their legal fine prints covers that.

    I remember one UDRP decision where something like this happened and the
    Complainant was successful. But that's because the respondent (the host in
    that case) didn't reply at all.
     
    Dave Zan, Nov 5, 2006 IP