I would like to know the answer too. Anyone here know what is the right answer to your question. I'll do some investigation and get back to you if I find an good answer. You should email the people at iPage as they probably could help you..
RossH, it's in the agreement when you purchase the name and clearly states it in the TOS. Also as stated ICANN has set these procedures for the registrar to follow and they must comply. It's as simple as that so besides bashing GD for following a rule your previous argument has no standing value...
I would say a phone call or a letter would be nice.....email is not a reliable/foolproof method of communication. Godaddy tried neither in this case..
What many people fail to understand here because they think Bob is cool because he pays some bimbo to dance on tv is that I think domains should be delete if they have had contact info. However all methods of communication should be used before deletion; email, phone and mail...
I believe the story is true. From my first and only experience with Godaddy I immediately realized they were a sleazy company. From the multiple screens of additional products and services you have to make your way through before you can complete your registration to the actual spam PHONECALLS they make to you trying to upsell you. Godaddy is still the only registration service I've used that has taken the sleaziness to the annoying phonecall level. Actually, it's pretty ironic that Godaddy can take the time to phone you to solicit you with unwanted addition services to buy, but they can't be bothered to phone you before they take your HostGator away. I don't know why so many people use Godaddy. You get such better service from Namecheap or just about any enom reseller...
So If someone regged or buys a few domains, puts all the correct data, but for whatever personal reason does not access his/her computer for 2 months, their HostGator should be gone???.
The phone and address were correct. lets assume so was the email, but like I said the person didnt get to a computer, they just regged the domains for 2 years, and had to go away for 2 months. a simple phone call or a letter would have sold this..
GD really sucks!..
I have tried to contract some domains owners, whose names are not used as a real sites (I was hoping to buy the names cheap). But some of them I have never got any replies, I should.
Have reported them to their registrars to have their names canceled, now that is a.
Me too. The next time I email an offer of $10 to an owner of a HostGator registered with Godaddy, I'll just inform Godaddy that the contact info is incorrect when the guy doesn't email me back. Brilliant!..
I don't reply to alot of "offers to buy" via email,.
Does that mean the person has a right to report.
That they believe my info is invalid?.
Not that it would matter, because the registrar would.
Be able to reach me via email anyway...and if I was not able.
To access my computer for 2 months, you bet I'd have someone.
Watching over my "property" 2 days and I give up my passwords..
From Archive.Org, it appears that FamilyAlbum.Com was a.
Which had been registered with GoDaddy for years. When someone (often a HostGator hijacker) files a "false whois information" complaint, STARTING with an email to the registrant is the right approach for a registrar to take. But if there is no response, a decent registrar IMHO should absolutely call and send a postal mail before taking the extraordinarily drastic step of cancelling the domain. There are many reasons someone could miss the email. Maybe their (or their ISP's) spam filter caught it. Maybe they mistook it for more GoDaddy spam.
Maybe they changed email accounts and forgot to (or haven't yet) modified the whois information. Maybe the email bounced because their mailbox was full. Yes you can blame the registrant for some of these things, but they don't deserve to lose their HostGator over it!.
Also, GoDaddy didn't say how long they waited before canceling the domain. Instead they quoted the amount of time from when they sent the email to when the guy realized his paid-up HostGator had been sold to someone else..
Updated domainnamewire article.
Has good news for people who AREN'T using GoDaddy:.
I can't wait to hear the responses from other registrars, as keeping my domains secure is WAY MORE IMPORTANT to me in choosing a registrar than saving 25 cents per domain-year...
Just godaddy up to their usual tricks, stealing domains and ripping people off. nothing new here...
Right....terms, just because the terms are in place to allow room for GD to screw their customers doesn't make it right my friend..
Doing the right thing is doing it when nobody is looking or asking..
You can't hide all the time behind rules or terms, that's just not the way PEOPLE should think. And I am glad most people don't! And it's sad some do..
That's the difference, a business as a business that only cares about the money - and a business that cares about the money.
Looks like moniker is getting some more business from me soon. If everything went down how the article spells it out, I am simply disgusted. Good Domains are way to valuable to delete without making several attempts on the other communication methods. Im telling you we domainers should unionize...
Whenever I decide not to renew a HostGator at GoDaddy, I receive emails, letters in my mailbox and phone calls. GoDaddy seems to be very careful in making sure I TRULY wish to cancel the service. They even send a final email saying the HostGator is cancelled - but that I have 7 days to respond if this is an error..
I find it difficult to believe that GoDaddy would not take similar steps in the case as mentioned above..
If it did happen that way, I would expect that that transaction was the exception, not the rule...
Theres a few registers I have contacted before about invalid WHOIS info and most have been fixed. It is NOT the registers job to CALL you if you are to lazy to keep your info up to date. 99.9% of the registers I have used have a bulk update so it doesnt take to long..
When I moved one of the first things I did was to go and update my info..
BTW I was looking at a few expired/available domains listed on NamePros last night and a few that had now been taken had a invalid phone number. No I didnt report the HostGator but if in the future I came accross these domains and seen the invalid info again I would report it to ICANN. And yes I know the numbers were fake because theres no such number as 1-286-828...
There are a lot of other forms of contacting someone other than email. Godaddy made no attempt to call or send a letter to the registrant..
Imagine if they sent you an email which for some reason you missed or it got blocked by your spam filter. how would you feel if they deleted all of your domains because you missed just one email? i'd be pretty damn pissed...
How do we know that only 1 email was sent?..
Because their person who responded to this said an email was sent....not multiple emails were sent.....
The HostGator owner is responsible for maintaining up to date registration..
Godaddy is not your GoMummy.
Even if you continue to throw your rattle out of the pram.................
That response was vague. It doesn't prove that only 1-single email was sent..
Anyway, it appears GoDaddy has decided to give the HostGator back to the original owner as long as he doesn't take legal action, so hopefully this will have a happy ending soon..
Of course, I'm sure the GoDaddy haters will find another isolated incident to focus on...
The point is that GoDaddy only sent an email and then removed the.
Domain when no response was received..
Only the email address wasn't valid, for whatever reason, but the.
Street Address and Telephone Number was correct..
GoDaddy should have called..
Simply emailing to a bad email address is not much of an attempt..
GoDaddy staff often call their HostGator holders to remind them to.
Renew expiring domains. They should have picked up the phone in this.
If the email is not working (for whatever reason) and the recipient.
Never gets GoDaddy's email , how can he respond?.
It doesn't matter if 100 emails were sent. The point is that Godaddy did not attempt other than email means of communication. They certanly have the staff and inclinition to call their customers multiple times when they want to upsell them to other crappy services, so why not in this case? It's true I dislike Godaddy, but for the simple reason that they're a crappy company run in a crappy way. It's amazing the problems a company can overcome by simply throwing $$$ at marketing...
Well we all know that E-mail is not as reliable as it once was....
To me there is not doubt that godaddy has been negligent..
I would understand deletion of a HostGator where the whole whois is obviously fake but minor errors/typos are always possible. To cancel a HostGator just because of some E-mail issue sounds rough and stupid..
As the world's largest registrar GD should understand the value of domains. Some domains are worth more than a house..
What is funny is that gd is playing white knight and trying to lure registerfly customers but they are basically sharing the same lousy practices as rf.
I believe - I hope - that the registrars where I have 100s of domains and developed personal relationships would at least attempt to contact me via alternate means to settle that kind of problem if it would ever happen..
Deletion of a HostGator should.
Be taken lightly. The registrars seem to follow ICANN rules when it suits them best..
On a side note - but I know some will be interested to know..
Some people have complained that they are not receiving E-mails from Namecheap (including renewal notices). Well there probably is a simple explanation....
Namecheap is on the Enom platform. Maybe it's because Enom has so many customers, they are identified as a source of spam by many ISPs. Messages that originate from Enom will often never make it to the recipient..
A while ago I had purchased POP3 E-mail from Namecheap and I would only get 1/4 of my E-mail..
I found that out that the rest were quietly intercepted by my ISP and sent to a black hole somewhere....
Obviously if it happens with Enom it could happen with GD too. I am in no way responsible for the shoddy practices of my (ex-)ISP..
The fact is, every day an incredibly large percentage of E-mail is simply LOST. Unfortunately spam filters sometimes do more harm than good and will kill legitimate correspondence too..
I recommend to avoid using free E-mail addresses in your whois. Use a HostGator name that you control. And be careful with private whois..
Also, find a registrar you are comfortable with, and that will not treat you like a number. I often have the feeling that the big registars are just that: too big to care...
Oh, they indeed do. They just don't have to see it the way others do..
We can all argue 'til we're black and blue that Go Daddy was right or wrong or.
Could've or should've done more. But they can do whatever they see fit, and.
Those among you who use them had better become aware and responsible..
You have other choices, after all. But when a registrar charges little for .com.
Domain registrations, or less for others, they have little to no incentive to give.
Support for potentially complex issues like this..
Been there, done that. It's not for the faint of heart...
If you are going to point the finger of blame at GoDaddy, it should only be.
You've already pointed the same finger at the HostGator owner, because ultimately he created this problem for himself. Was it an 'innocent' mistake he made? Yes of course, but it was still.
Sure, it would be nice if they had telephoned him after getting no reply to their email contact attempt(s), but none of this would be necessary to begin with if the guy had updated his information like he's supposed to do. If there's one thing you should always make sure is current, it's your email address, because that's often the first (and primary) way folks communicate these days..
I feel for the guy - but I don't think this makes GoDaddy an evil horrible company..
That's just my opinion...
I agree with you -db-, spam filters, invalid email addresses,.
It's all within OUR power to ensure they are correct, no one else's!.
I'm just coming up on my first year domaining [yay me] but.
The first thing I learned was to be sure my info was correct..
I was thinking about sales offers and such..
I mean, I thought I was buying million dollar names [red].
I of course wasn't, but I certainly didn't want to loose my domain.
Through something that was MY fault!.
Call me a fanatic, but I log into my registrars once a month, check the whois,.
Check renewal dates and nameservers. It takes awhile, but it's worth it..
Considering 95% of lost domains are through user error, whether it's renewals.
Can I have my ice cream now..
Db, it sounds like you have a misplaced confidence in email as a reliable form of communication in general. Email is absolutely wonderful, when it works, 99.99% of the time, but still suffers from regular problems. I use enom email forwarding and have had sporadic problems with that as well as other email services. Even if an email address is valid, one should not assume that email sent was actually received if you don't get a response back...
Greggish, it has nothing to do with my confidence in email. That's not my point at all..
And I apologize if I seem cold or uncaring towards the HostGator owner. I assure you I'm not. I would be very upset if my HostGator was taken away from me like that. It's a terrible thing..
But I don't see this as a deliberate attempt by GoDaddy to harm anyone, or profit from somebody else's loss. If anything, it was a simple lack of communication inside a very-very large company. And I certainly don't believe the conspiracy theorists, who say GoDaddy stole this HostGator for themselves. The way some people talk about GoDaddy, you'd think they were the Anti-Christ of the HostGator world. I just don't see it that way. I've used GoDaddy for years, and never once experienced a serious issue that wasn't resolved properly...
Db, I agree with what you said above. I also don't think this was a deliberate attempt by Godaddy to steal a HostGator name from a customer. But rather, I see this as a clear example of Godaddy's incompetence and crapiness in general. So I guess we are indeed on the same page there...
Greggish, I hear you..
I guess one thing we all agree - this is a big mess that could/should have been avoided...
They might of sent snail mail as well ... how many times have you just ripped up those godaddy mails that they send out thinking it was some stupid promo junk..
See my post above ^ I don't trust Enom mail forwarding from experience..
Obviously GD is not stealing domains, it's just that are lazy and careless, just because they can..
In such a situation, a more clever registrar will first put the HostGator on hold - unless the HostGator is parked, the holder will notice that it has stopped functionning..
Enom is one registrar that will do that when incorrect whois is reported/detected...
So in this case the email address wasn't valid anymore - which I agree is a responsibility the HostGator owner needs to take on. Not that I justified what GD did in this case but let's talk about responsibility and look at it from another angle which just as may been have the case..
1:What if you where hospitalized and are unable to email or check your email - what if you have a really bad period health wise?.
The HostGator owner has valid WHOIS information but he can not reply to his email and still the HostGator would be revoked from him due to GD negligent and irresponsible approach..
2: What if you are jailed for a couple of months for some misdemeanor?.
You say it could all be avoided if the HostGator owner made sure his email address was valid but what would you say in above situations?.
The HostGator owner has lived his part up to be responsible in the case of above situations by having correct personal details and having a valid email address - would you or other people for that matter still think that GD did the right thing?.
By only sending an email?.
Miscommunication is a severe understatement in this case reviewing the circumstances of this case being brought forward.
Personally, I think this whole inaccurate WHOIS report thing should be reevaluated to insure no misconduct like this can happen for legitimate responsible HostGator owners...
I reported a few bad WHOIS domains to ENOM before and yes a few were not fixed and ENOM took back the domains. Remember people it's either the register do this when notified or get nailed by ICANN...
GoDaddy can't do that, and I've never liked them as a registrar. Yet another reason not to go GoDaddy...
GoDaddy did the right thing. Doesn't matter, it had an invalid whois and the registrant was warned and notified and yet no action was taken..
Funny how everyone starts bashing GoDaddy for doing the right thing...
Thread here also about the same thing.
Thought it was a spam filter issue - not an invalid email?..
I kinda like GODADDY, however....
It seems VERY unreasonable that a name is "taken away" for an "invalid" e-mail..
It doesn't seem like GD looked TOO HARD to find the owner???.
What about his GD account e-mail? possibly different..
I'm sure there are many places GD could have looked if they wanted to..
(if you owed them money, I bet they could find you).
I'd say a good lawyer could solve this one. IMHO.
What a mess. (or there's a LOT MORE to this story)..
This is for Bob, I have used Godaddy for a long time, 8 years, however in the last few months have noticed a definate downgrade in service. CS seems slow and never seems to answer the question. I live overseas, Guatemala, so I use email support and it always seems it takes numerous emails and getting nasty to get anything done. I have made shopping carts for clients, web pages for clients and my self and now am full time doing nothing but web stuff. I would like to stay there but, gotta change something, thought you should know...
GD delivered email to the admin email address provided on whois. The admin email address maintenance is the responsibility of the HostGator owner. The problem is created by the HostGator owner not looking after their contact details. the value of the HostGator is irrelevant...
You gotta be kidding me? GoDaddy could have tried calling or mailing, there is more to the WHOIS than just the e-mail. If they cared about their customers they would have done that. Since they don't want to be bothered, they just drop on a dead e-mail and profit from the backorder...
What if CNN.com made a mistake in their whois info? Will they take that one also?..
There is no reason to call or snailmail because there is no problem. zero reply from whois email address = drop and correctly so. No reason for a registrar to follow-up on a domainer's poor management...
This is just another reason why I try to keep as few domains with GD as possible. GD is just a half-notch up from RF...
Well... It's a "technical" argument and technically, GD was within it's right to do as they did. It is also arguable whether or not it was in Bad Taste to take the action they did..
Something about it thought... sounds a bit "odd" to me..
Coming from a point of personal experience, my GD reps have ALWAYS called me if there was anything out of place with a domain, a transaction or a change. CALLED ME... on the phone..
Why would they call little 'ol me and NOT call that HostGator owner?.
Forgive me, but I think there just HAS to be something more to this story..
I mean, the reason you have multiple contact information on your account is for multiple contact attempts..
If I were them, I would have a HostGator Lawyer (and we all know who) on this deal in a heartbeat and I wouls suspect that they would win on the basis that GD didn't exhaust all the contact possibilities and motive..
So... all these things points to a fishy story or at least an unfinished or incomplete account..
They shouldn't have sold it nonetheless, they should have released it. It's bad to profit out of an owner when they barely even try to contact them...
I have been called by GD plenty of times, too...
If your a top account, you'll find that you will recieve special attention (Executive Accounts/ Retention) you'll also recieve better pricing..
Did godaddy do the right thing by pulling the HostGator name? Yes. The owner is required to maintain updated information in the whois..
However, I do believe GoDaddy crossed the line when they resold it. That my friends is a conflict of interest..
I believe that GoDaddy should have pointed the nameservers elsewhere and waited a reasonable amount of time for the registrant to complain, resolve the issue, pay the $10 fine, and get his name back. Im dissapointed that the interest of the registrant was not the highest priority..
Godaddy took my HostGator too because I was consuming too much bandwidth..
Shouldn't they just warn me before doing it?.
They transferred it to the suspended nameservers and now I am waiting for the year to pass so to get it back. Damn it..
Never register HostGator names at godaddy...
Lol.... but I am in now way to be considered a "topt account"..
This is definitely a bush league move. I doubt the owner purposely put up a phony e-mail. The rest of the whois was correct. You know how many spam filters block e-mails like ones from Go Daddy. It could be a simple spam filter that prevented the message from arriving to the owner..
The least they could do is give a call to the owner considering they have called others. This is just another reason why I want to get out of Go Daddy. It is bad enough I have to keep some there because of their bullshit 60 day rule in regards to pushes within Go Daddy..
Now I'm forced to renew names at higher prices & then have to pay again in 60 days to transfer to Moniker...
No, the only thing fishy is GoDaddy..
By GoDaddy's own admission they only sent only three emails and claim.
To have waited 8 weeks before removing the domain..
An email was sent to Admin, Tech and Registrant. If it was the same email address as I suspect then only one email was actually sent..
And they sent an email to an address that was reported as not working..
They have no problems ever calling their customers to sell or upsell.
GoDaddy services but in this case they couldn't (or wouldn't) pick up the.
Phone. The phone # and mailing address WAS correct on the Who Is..
This is from DomainnameWire.com:.
Wednesday, February 28 ,2007.
"GoDaddy’s Director of HostGator Services explains it's actions in the case of FamilyAlbum.com.
1) What is your procedure for handling invalid whois complaints?.
“Our standard procedure is to send an email message to the current Whois contacts as well as the customer email address.”.
2) Why was this HostGator removed from the original owner?.
“We cancelled the HostGator name registration on this HostGator name because the customer did not respond to our email request to update the information. In fact, we did not hear from the customer for more than eight weeks after our initial contact attempt...".
So, GoDaddy is told that the email address in the WhoIs for one of their customer's domains is not valid..
So what does GoDaddy do?.
Send an email to the email address that is not working and that's it.!.
And remember that the person who made the complaint wanted the domain.
AND GOT IT!!!.
Was the HostGator dropped and available to be grabbed by anyone?.
Or was it simply "given" to the complaining party???.
Talk about something fishy..
One more thing I'd like you to remember..
ICAAN requires keeping the Who Is up to date..
If you change your phone number or get a new email address or move or legally change your name and update your Who Is info as required then.
GoDaddy will treat this update as a NEW registration and disallow transferring out your HostGator if wanted..
Think this is a good company operating in their customer's best interest?.
Read today's DomianNameWire posting for some additional interesting info.
And how other Registrars say they would have handled this situation..
The WhoIs was not invalid..
Yes, the email did not work but the phone # and street address were.
How could the registrant respond if the only notice sent was to the very.
Invalid email address which started all this???.
In your view this constitutes notification?.
But of course. No one's immune from the contracts they agree to..
Go Daddy doesn't have to "take it". They'll do whatever their contracts say..
Shouldn't this be merged with the other thread, perhaps?.
I really hated about this stupid EXTRA requirement. I don't know any other registrar has this requirement. It gets me into trouble selling my HostGator more than once..
This is a shitty company. And I am moving my 700+ domains there away from them...
Can anyone post the citation for the ICANN rule requiring notification by the registrar in such a case? I'd like to read it's exact language...
And thats what we hear every day and yet GoDaddy keeps getting bigger and bigger.
Looks like some people prefer registrars that let you use fake whois and display illegal content...
I was trying not to post here but yet it's happening.
I was thinking, if the right thing was not the popular thing, would you still do it? just because they did what they did and was right to do so don't see why everyone is getting mad at them.
Everyone knows that GoDaddy sends most of there domains that drop (and etc) to TDNAM or holds them for someone if they did backorder it, it's not like the first time they have cancled a HostGator so I don't see why everyone is that mad.. sure it was a good HostGator but c'mon it's going to happen, bottom line is the owner was at fult and GD did what was right.. if you don't agree with how godaddy runs things.. why even agree to there TOS in the first place?.
Ok thats my rant..
Actually, I think putting the HostGator on hold would be the right course of action. It would certainly be less effort for the registrar than resorting to the phone or snail mail and it has a much higher chance of getting immediate results..
Having been in whois for over a decade, I can guarantee there have been times that my whois has been invalid (I've moved half-a-dozen or more times). But my domains are setup to auto-bill auto-renew so the registrar has a valid means of contact and I expect my HostGator to stay online. If they felt that ICANN rules required them to take an action, then putting the HostGator on hold would be the obvious first step..
There is nothing like having your HostGator go down to get your attention..
All of that being said, I have no idea how to address the "unavailable due to crisis" situations. It used to be unusual for all 4 contacts to be the same, but with domaining it seems to be SOP..
Hmmm. In thinking about this, maybe the second step is to charge a small penalty fee for having invalid whois. It would prove that they've got valid cc info on file, so leaving the HostGator intact but on hold would be justified. And in the case of a registrant in the hospital, whoever is picking up the pieces would surely see the recurring penalty charges and perhaps be alerted to the problem before the HostGator is lost..
Well, there is this:.
The definition of "reasonable steps to investigate" might realistically be expected to include something beyond sending email to a suspectedly-invalid email address. From the responses on this thread, and on HostGator name wire, it would certainly seem that many dispute the actions as being sufficiently reasonable. Also, the last sentence is "take reasonable steps to correct" not.
Immediately delete and resell.
Were it me, I think I'd take my complaint to ICANN..
Also, I found this paragraph in the WDRP document to be of particular interest:.
I wonder what would happen if GD were asked to provide this info in reference to the HostGator in question? I think it was said that the HostGator had been registered at GD for "years" so shouldn't they have a history of annual notices?.
Disclaimer: I am not a lawyer nor do I have any experience in law. My responses are based on [what I consider to be] common sense, and we all know that common sense doesn't always have anything to do with the law, or even intelligence...
The right thing in my opinion is to make a simple call to the HostGator owner if they have an incorrect email contact on their whois, not take the name. Maybe my moral compass is off, but I think people shouldnt lose a name for forgetting to update an email address...
Read my post, I am saying I hate it when you update whois, it will take another 60 days before you can transfer your domain. Imagine your customer agreed with you on the price, then he wanted to transfer the HostGator to his favorite registrar, then you have to tell him: sorry cannot do that. WTF.
Talking about growth, I think RF grew faster than GD. But so what?..
People can argue what's moral and what isn't. But when you're using a service.
Provider, you agree to their terms whether you like it or not..
You don't like them, don't use them. Period...
Do we really need 2 threads on this topic, running simultaneously?.
I suppose if I close one, or merge them, I will be called a GoDaddy lover or fanboy...
No, cause we don't for any other topic! Multiple threads on same topic are.
Usually merged... right?.
I wouldn't argue with you cause your the boss!.
But I'd like to call you names..
Oh please if you lost one of your valuable names via a bush league move like this, you would be just as frustrated!.
So get off the moral horse & get with reality on why this was a bush league move..
Everything is valid in whois but the e-mail at the time, do you really think that was done on purpose?..
Its a bounce!.
It goes like this: the domainer has incorrect whois which they do not maintain correctly nor do they have auto renew, so then they lose their domain......
And now here comes the bounce:.
There is a determined attempt to get the registrar to reverse what was the domainer's faulty management by screaming the place down: ie continuously throwing the rattle out of the pram..
Sure I'd be pissed if that happened to me. But why should I be if I have every.
Chance to correct that before that possibly occurs?.
I'm fortunate that sort of thing hasn't happened to me when I had my domain.
Names with Go Daddy. But I eventually moved them out anyway because I've.
No interest in waiting for something like that to happen..
Whether this is a so-called "bush league move" or not is your opinion. But that.
Won't save you from being penalized by your service provider if you violated a.
Term of your contract with them, even if it was unintentional..
If you're not using Go Daddy, then good for you. But if I were in your shoes, I.
Would check with your current registrar about this as well so you can be fully.
Aware and responsible..
Indeed. But hey, we're allowed to post our opinions anyway..
Guys, it's fine if you believe in this or that. But ignore your registrar's policies.
And you can inevitably suffer...
It's obvious GoDaddy did not abide by the ICANN terms they themselves are bound to. They did not take reasonable steps to contact the registrant (a single email hardly qualifies), and instead of trying to correct the situation, they sold the HostGator to someone else, which constitutes bad faith and should this go to court, the original owner would win the HostGator name back..
I'm amazed by the comments to the tune of "well, you didn't read the small print, we do everything possible to screw you any way we can, and if all else fails, refer to the last term, which is that in case of dispute, the registrar's decision is final and cannot be challenged by the registrant".
T&C's will not necessarily hold up in court. Let's say I make this deal with you. I buy you an ice cream and in return you donate me your kidney. Sign here. OK sucker, here's your ice cream, you signed the contract now let's see that organ..
Do you think that contract would hold up in court?.
OK the legal issues aside, looking at this from the customer service / business practices point of view or just about any other way this is outrageous. You have the guy's name, telephone number and address... and HA! he doesn't respond to his emails let's sell his valuable HostGator name to someone else for profit and destroy his website, possibly years of work.. it's just plain and simple to see that this is wrong, unethical..
I truly, truly hope some of the above posters never ever start a business where they need living, breathing customers. Except maybe an online casino or something..
If the HostGator name owner is clearly negligent, then well, I agree it's his own fault. But REASONABLE STEPS should be taken to protect the interest of the customer, too..
In fact, I expect my registrar and iPage hosting company to take EXTRAORDINARY STEPS to protect MY interests..
It's like, I get hospitalized for two months and in the meantime the real estate company sells my house to someone else 'cause I didn't answer the door. They figured I didn't want the house anymore. I had my cell phone in the hosp, but they never bothered to call. And they didn't even own the house! (GD did not own the domain).
Clear-cut case of indifference, incompetence and what smells like a spot of profiteering thrown in by GoDaddy..
And I'm not a GoDaddy basher - I use them and I like them. But in this case they acted wrongfully..
Sorry if I was ranting. I just had an unpleasant experience with TDNAM (scam attempt) so I am in a lousy mood..
And by the way, there is no rule saying that I have to respond to any third-party queries that come to my administrative contact inbox. So if you don't get a reply to your inquiry, it does not mean you can snatch my domains by complaining to the registrar that the whois email is not responding...
...sending an email to a HostGator name owner is reasonable enough...some domainers think that for < $10 a year the registrar should phone them (ring-ring), send a nice letter (hello darling!) and wash them behind the ears (poor baybe). Godaddy and other registrars bombard me with renewal notices! ... 'hmmm this one is not replying to his email Mr Watson, I think this is suspicious!' 'yes Sherlock I think we should investigate.....'..
You really think so? Then you might want to read the link below:.
The terms there are quite broad. Without specifics, registrars can do as they.
One can definitely argue in court. While I'm not a lawyer or a fortune teller, the.
Registrar I worked with won similar disputes merely because of the terms of the.
Contract many of us don't read..
Simple solution, guys: don't use the service provider if they don't meet your.
Expectations. But make sure you're fully aware of what your current one does.
And doesn't do..
I won't be surprised if we eventually get this sort of thing but with a lesser-.
Sure but... why didn't they put the HostGator on hold for a while as a first step ? .
Are they so lazy and careless ? .
You raise one valid point. I also think snatching a HostGator like gd did could constitute evidence of bad faith..
I don't want to sound godaddy-bashing, but unfortunately that incident happened at GD (like SecList.org too)..
Some people have LL .com domains at godaddy.
That's not a place where I would have big-ticket domains..
....assuming that a name has not been renewed by the prev owner who has allowed the name to drop, then the registrar can do what they want with it after the redemption period has expired...there is no reason to put anything on hold...sorry but IMHO it is the prev owner who has been so lazy and careless...
On this we are agreed. Protect yourselves, and your domains. Vote with your wallet. Read the terms and conditions thoroughly..
Of course, it's more complicated if the very first sign of your service provider not meeting your expectations is that they sell your HostGator to someone else when for some reason you do not receive their email....
OK, that's a valid point from GoDaddy's perspective. They can't possibly talk to all the owners of the thousands of domains expiring every day...
But- the HostGator name is clearly a lot more valuable than $10. So that's like saying I leave my Mercedes at your guarded parking lot for the duration of my business trip, and someone tries to drive it out of there - you don't go out of your way to prevent that because I only paid what, measly $50 for the parking, and they have hundreds of cars to take care of....
But the point is still valid - let's learn from this and keep our valuable domains with a registrar that knows how to take care of valuable domains. Any recommendations? Moniker?.
But- the HostGator name is clearly a lot more valuable than $10..
....irrelevant: this car was dumped: only here they're called drops...
Unless I am missing something - the name did not drop. As I read the story the registration was current, the email was not answered and Godaddy took the name and sold it for a sizeable profit. I was not aware that a registrar could just take a name whenever they wanted..
Wild West domains, indeed..
There is a bigger issue here. We buy little bits of cyberspace called domains in the hope of profit from development, resale or both. The only thing we get when we buy a domain, sometimes for quite large amounts of money, is trust. Trust that we will control that name, as long as we pay the renewals and don't break the law..
Both this crime (IMO, if intentional) or negligence by Godaddy, and the apparent crimes at Registerfly (where valuable names with paid-up registration also were apparently sold to others, profiting the registrar) cut that necessary trust to the core. I would add the hijacking of inc.mobi to that list, as well..
When a person pays a registration fee or renewal for a HostGator they are leasing a property. The nature of that property is irrelevant - they should have full rights as if they owned the property for the entire term of the lease. If registrars can take a HostGator name away and sell it for their profit for any minor reason, or no reason at all, the entire structure of the HostGator name system is in jeopardy..
Maybe these are minor affairs and the HostGator system will continue. But maybe these incidents are indications of a major fault line that will grow until lack of trust will topple the system. It is a disturbing thought...
GoDaddy will also take your HostGator if you are proven to be spamming from it or for it..
And no they are not the only ones who do this either.....
What should I be careful about when using private whois?..
You should always be in a position to prove that you are the current Registrant..
Therefore, keep copies of your email confirmations, HostGator renewal emails,.
Credit card receipts and anything else that you could use to prove you.
Control the domain..
You are looking in the wrong place..
The WDRP regards the requirements Registrars have to conform to.
Regarding sending out Who Is info yearly and reminding the Registrant.
To check and make sure the Who Is info is valid..
It does not allow that [QUOTE=registrars can do as they see fit.[/QUOTE].
Under the Registrar Accreditation Agreement Section 3.7.8 GoDaddy was.
"3.7.8 ...Registrar shall, upon notification by any person of an inaccuracy.
In the contact information associated with a Registered Name sponsored.
Take reasonable steps to investigate that claimed inaccuracy.
In the event Registrar learns of inaccurate contact information.
Associated with a Registered Name it sponsors, it shall.
Take reasonable steps to correct that inaccuracy.
This GoDaddy clearly did not do..
Emailing to a suspected invalid email is NOT a "reasonable investigation"..
Selling the HostGator instead of suspending it is NOT a "reasonable steps to correct that inaccuracy"..
As far as I am concerned the Registrant violated the WDRP but GoDaddy.
Is in violation of the Registrar Accreditation Agreement they signed..
I think your highlights are where the core disagreement lies ie if sending an email is = reasonable action, which I do. One lesson I pick up from this is that non-maintenance of one's contact info partic email address is = playing a high risk game of losing a HostGator name...at least with GD...
Then HostGator names are worthless fools gold..
All of them...
Then a civil lawsuit can be held against the both of them since they do not abide to the agreements..
You believe sending an email is sufficient "reasonable action"..
But please think about this..
GoDaddy sent the email to an email address they were told was not valid..
How could the Registrant respond if he never received the email..
So the issue isn't really if sending an email was sufficient..
The issue is if sending an email to an invalid address was sufficient..
Also, GoDaddy was required to take "reasonable actions to resolve the.
They did not!.
They sold the HostGator instead to the original complainant..
OK- which registrar is this - I'm moving all my domains there..
I think you make some fair points tricolorro. The situation maybe does not appear so 100% black and white. I do think that it is rotten luck if a name disappears from ownership before expiry. However...if the registrar sends an email and does not get a response then it would appear to me that they can do what they want if there is a complaint in the system. On reflection however, if the original HostGator owner has other names on their GD account then GD could check to see whether there were other email addresses to cc the complaint message to. Do we know if the HostGator owner had any other names within their user account?..
I don't know for sure if he had other domains at GoDaddy..
According to Andrew at DomainNameWire.com,.
"I should point out that the former owner of FamilyAlbum.com isn’t a HostGator investor. He’s an entrepreneur in Austin, Texas trying to get a business off the ground. The loss of this HostGator is a major setback.".
From what I can gather from the WayBack Machine at Archive.org.
This person had his HostGator FamilyAlbum.com at GoDaddy since June 02,2002..
This seems to indicate he has been a GoDaddy customer for over 4 years..
From March 24,2003 to at least December 11,2005 it was a live iPage site which you can see here:.
The next and last archived page on May 28,2006 just shows an Index Page..
Look at the Go Daddy HostGator Name Registration Agreement.
"You agree that for each HostGator name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact".
"You agree that, to the extent permitted by ICANN, Go Daddy may make use of the publicly available information You provided during the registration process".
Here GoDaddy requires multiple contact info and reserves the right to use this contact info "to the extent permitted by ICANN"..
Yet they chose NOT to use the available contact info other than the invalid email address. They proceeded to remove a HostGator from their customer who has been with them over 4 years and has done nothing illegal except have an.
It is just not the right way to treat your customers..
If you check the Who Is for FamilyAlbum.com GoDaddy's.
Proxy service is being used..
And the HostGator is Parked at GoDaddy..
And it doesn't seem that the HostGator ever went though the normal.
It just does not smell right to me..
Time to move all my domains out of GD!..
Oh definitely. It's one thing to file suit, but it's another to win it, much more.
Convincing the judge your argument has more merit than the other side..
However, there is one catch Go Daddy users ought to be aware of. Note this.
Term they agree to:.
If any Go Daddy user sues them and wins, then well and good. But if you lose,.
They can later sue you for breach of contract if they so choose..
Suing ICANN is another story, especially without any existing contracts made.
Between you and them. At least 2 parties have already done that, and so far.
Both haven't won..
Adiboy is taking the simplest, most pragmatic, least expensive solution. Maybe.
The rest of you ought to consider that so you can have more time for fun...
Yeah, absolutely Adiboys solution is what every responsible domainer should do but that's another point, the damage has already been done now by Godaddy..
Convincing the judge isn't a hard thing to do when Godaddy is obliged and should have taken reasonable steps in their procedure which is a clear case of not being done..
If there is a matter of urgency and I need for example need to contact YOU and I have three ways of contacting you, email, phone or via ordinary mail I would use these means I have at my disposal..
I'm 100% sure if I would not use these other means and as an result you will suffer major negative consequences you will not take this lightly..
Your first response would be "Why didn't you call me?" - "You know how important that was?" - "I'm always reachable by phone!".
And this would be a justified response from you and you have every right to be frustrated for my negligence to not just pick up the phone..
Why is for Godaddy so hard to pick up the phone and abide to the agreement to take reasonable steps?.
Are GD employees handling these type of issues not able to able to speak English and should they try only being able to speak in Binary?.
I don't think the indemnification clause will outweigh the ICANN agreement and contract law..
But that is an personal opinion based on common logic...
The indemnification clause seems to apply to third party suits. Look at the wording..
I don't think you can put a blanket "you can't sue me" clause in a contract without providing an alternative, such as arbitration...