[HELP] My host won't give me my PR4 domain

Discussion in 'Legal Issues' started by Kamiru, Aug 20, 2010.

  1. #1
    My host won't give me my PR4 domain. It's hosted by a free fansite hosting. They bought the domain, as well as host it FOR FREE, in exchange I need to put one ad code sitewide. Now, my problem is that my site is big. My site gets 800 unique hits a day, PR 4, and 1 year online. He won't sell/give me my domain. If I move, he will take over my site, eventhough I will delete all content, he has daily backups so he will most likely to restore it and run it. WHAT SHOULD I DO?
     
    Kamiru, Aug 20, 2010 IP
  2. mcfox

    mcfox Wind Maker

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    #2
    So all your hard work in developing the domain was for someone else, the owner? A cautionary tale about keeping control of your domains and how 'cheap' deals can end up costing you a bundle. Sorry I have no advice on this one.
     
    mcfox, Aug 20, 2010 IP
  3. instant87

    instant87 Active Member

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    #3
    Letting someone else own your domain = biggest mistake.
     
    instant87, Aug 20, 2010 IP
  4. RonBrown

    RonBrown Well-Known Member

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    #4
    Yep, tough lesson. The domain was never yours in the first place, the host just let you use it. It's immoral but not illegal what they have done.

    Don't be a cheapskate. Buy your own domains, keep them under your control, and NEVER NEVER NEVER transfer them to a host.
     
    RonBrown, Aug 20, 2010 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    Read their TOS. They bought the domain, so it is theirs unless it was stated differently. As far as the content goes, it depends on your agreement with them. If you didn't agree that they would have the content rights, then they can't use the content - but my guess is that their TOS probably gives them ownership. Nothing you can do in that case - it was your mistake for not reading the agreement.
     
    mjewel, Aug 20, 2010 IP
  6. Kamiru

    Kamiru Active Member

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    #6
    Yes, there is nothing I can do.
    The best solution for this is just to start over...
     
    Kamiru, Aug 20, 2010 IP
  7. mypctechs

    mypctechs Greenhorn

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    #7
    Act fast, if you still have control over the files. Create a new domain, put up all of your content, and then setup a ton of 301 redirects on the OLD domain to the new.

    Make sure the redirect pages says "change your bookmarks and links to our new domain" - then list your new domain. You will lose some PR but maybe you can a good chunk of it.
     
    mypctechs, Aug 20, 2010 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    A redirect will only work until it is removed, then you lose any benefit.
     
    mjewel, Aug 20, 2010 IP
  9. dscurlock

    dscurlock Prominent Member

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    #9
    Thats crappy luck. never go for those free domain offers, if you turn out to have a hot
    domain, then you are struck since they bought the domain to give you the free offer.
    he is probably think of a way to put it to good use for himself or even sell it., I am
    sure a domain with 800 UV will get something.
     
    dscurlock, Aug 22, 2010 IP
  10. sungazer

    sungazer Peon

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    #10
    always buy your own domain
     
    sungazer, Aug 31, 2010 IP
  11. Michael Heathman

    Michael Heathman Peon

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    #11
    Definitely always buy your own domains. You go through the labor of putting it together and building it then those free hosts decide that "Oh man, this domain may actually be worth something and our TOS just happens to force him to give us Content Rights to it. Awesome, we'll take it over and make money from it."
     
    Michael Heathman, Aug 31, 2010 IP
  12. 24788

    24788 Peon

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    #12
    I'd take your content that you wrote. He can't take that away from you and start your own blog. If he is still using it send him a DMCA. He never paid you to write the content and there's no contract your fine.
     
    24788, Aug 31, 2010 IP
  13. King OF vBulletin

    King OF vBulletin Peon

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    #13
    That's a big problem
    you must solve this problem with him , he is the only person who can give you your domain
     
    King OF vBulletin, Aug 31, 2010 IP
  14. Kamiru

    Kamiru Active Member

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    #14
    Last edited: Sep 12, 2010
    Kamiru, Sep 12, 2010 IP
  15. davidmax

    davidmax Peon

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    #15
    that is very bad luck,never use a free domain hosting if you are doing serious work
     
    davidmax, Sep 12, 2010 IP
  16. Law-Dude

    Law-Dude Active Member

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    #16
    I see nothing in the Starszz "Hosting Rules" or Terms of Service that authorizes them to change the passwords and take over your site. The only consequence provided for is the suspension or termination of your website if you do not comply with the "Hosting Rules." Nothing in these rules, if agreed to (and there is an argument as to why they are not agreed to below), authorizes them to keep using your content.

    Also, I noticed that applicants are asked to read the "Hosting Rules" before applying. However, they are not asked to agree to them. Applicants must agree to the Hollywood Fan Sites Terms of Service. Applicants must agree to the Hollywood Fan Sites DMCA Policy. But there is no requirement in the application form (unless one comes at a later stage) that applicants must agree to the "Hosting Rules."
     
    Law-Dude, Sep 12, 2010 IP
  17. browntwn

    browntwn Illustrious Member

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    #17

    Not sure (and don't really care) which sites terms apply, but this seems like it may be applicable:

    http://www.hollywood.com/content/feature_detail.aspx?id=1723123

    I am not sure about the domain, I do not really understand who purchased it and under what circumstances.
     
    browntwn, Sep 12, 2010 IP
  18. Law-Dude

    Law-Dude Active Member

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    #18
    From the beginning of the TOS:

    The term "Hollywood Site" refers to Hollywood.com, and not Starszz.com.

    I could be wrong, but it does not appear that the content involved in free hosting is submitted to Hollywood.com. Rather, it is submitted to Starszz.com, which has a different nameserver. I'm assuming that the hosting setup uses a cPanel, in which case the stuff he'd be uploading would be going directly to Starszz.com and not being submitted through a WYSIWYG editor at Hollywood.com.

    If he uploaded content to Hollywood.com, it can be used on Starszz.com as a part of the Hollywood.com TOS. However, if he uploaded content to Starszz.com, there doesn't appear to be any agreement in place giving them any licence to keep using his work.
     
    Law-Dude, Sep 12, 2010 IP
  19. Kamiru

    Kamiru Active Member

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    #19
    Yes, all content were uploaded using cpanel, and hosted on starszz and not hollywood.
     
    Kamiru, Sep 13, 2010 IP
  20. Oskar28

    Oskar28 Active Member

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    #20
    Lesson learned.. sad story though.. lesson for others also..
     
    Oskar28, Sep 13, 2010 IP