Network Solutions issue
I have a new client that has asked me to help him with a domain name at NS. It was registered a few years ago by someone that wanted to "help him out", but they registered it in their own name. This person has now vanished, leaving the client without any means of contact. The name is identical to his establishment (a well known folk music venue), and is listed everywhere as being owned and run by my client.
Unfortunately, the only place it doesn't say this is at NS.

We have access to move the name to another server, but what he really needs is to get the name changed to his as owner/registrant.

Is this guy pretty much borked here, or is there some process by which we can convince NS to change legal ownership of the name?

As I understand it, Network Solutions still does things the old-fashioned and "proper" way - i.e., no registrant changes without a letter from the old registrant transferring the domain to the new registrant. As domain names are intellectual property this is the way things SHOULD be done - but (fortunately for you) many registrars don't do things the proper way. If you want to change the registrant the easiest way to do this is by transferring the domain to a registrar that lets you change the registrant details by logging into your account and editing the "registrant" field.

From what you are saying I'm assuming that your client has access to the domain name account and that he can change the admin contact email address to his address. If that is indeed the case then all he needs to do is transfer the domain to one of the more easy-going registrars, and change the "registrant" field once the transfer is complete.

Dotregistrar (whom I use) do allow registrant changes. I believe several other registrars do too. Others on this forum will probably be able to come up with names.

Unfortunately, he is listed as a tech contact, and can't make that sort of change in this case. He can change DNS and add "whois" contacts only. No changes of contacts "above" him.
Since the domain is locked (by default), it requires the owner (who is AWOL) to unlock it on order to transfer.
Therein lies the rub.

Can't move it, because of locking, and can't remove lock due to lesser permissions at NSI...I seem to get all the fun ones.

Originally posted by bear
It was registered a few years ago by someone that wanted to "help him out", but they registered it in their own name. This person has now vanished, leaving the client without any means of contact.

Uh oh. If you're saying the listed registrant is the person who
"helped him out", that means that guy is the "legal owner". In the
registrar's viewpoint, whoever is the listed registrant owns the
domain name, no ifs ands or buts. (well almost)

Unfortunately there are little to no laws defining the scopes and
limits of this problem. So basically your client only has the ff:
options:

1. Seek the registrant. (fat chance from what you said)

2. Use UDRP. (if your client has a trademark or can possibly claim
common-law TMs. But an attorney can best say so)

3. Go to court.

Yup...seeking the registrant is not feasible. Last anyone heard of him, he'd moved to Canada, and was living with a woman in a shed in the woods, whereabouts unknown.
UDRP is expensive, no? This guy is essentially a non profit, with no budget. This is going to go badly for him, I think.

When does the domain expire? If all else fails, maybe he can reserve it for first crack at registering the domain upon expiration.

Not until 2008. Besides, I don't think he'd be too pleased having this popular site down for 75+ days, only to see it snatched by a link farm or something. It gets enough hits that it would definitely be an appealing target for those sort of people.
Thanks, though.

Originally posted by bear
Not until 2008. Besides, I don't think he'd be too pleased having this popular site down for 75+ days, only to see it snatched by a link farm or something. It gets enough hits that it would definitely be an appealing target for those sort of people.
Thanks, though.

then he's screwed. Advice him to start using a second domain for his business and then on 2008 when it expires, re-register.

If he doesn't, tell him to sue netsol.If he has the money of course.

Screwed? Yup, pretty much what I've been thinking.
I've already registered the .com, so that's a plus. I did intend to start promoting the name change, but sometimes people cling to the old name out of habit. At least I have a lot of time to do so...unless the registrant suddenly shows and takes it away.
All in all, this could be much worse.

Is the registrant a baddie - or is he a good guy who just happens to be living in some untraceable log cabin and who would probably co-operate if he ever reappeared?

If it's the latter, and assuming you are in a position where you can renew the domain, then why not continue as before and hope that he will reappear one day and that you'll be able to sort out the transfer then?

If you've already got the .com as backup then that's even better... if the guy hasn't reappeared by - say - 2007 you can start your gradual migration to the .com (automatic forwarding at first, then manual "click here and change your bookmarks" forwarding... done over a period of a year or so this two-stage process should ensure most users get the message)

A baddie?
I think he might be. A little research into his name on the net has shown he once registered a name for a local radio station (again in his name), and then refused to hand it over.
I get the impression that this is a losing battle, and to transition users to the .com is the best course. In the end, if the .org gets into his hands after all, no harm done.

You stated
The name is identical to his establishment (a well known folk music venue),
Does he have letterhead? If so, I have had a ew clients with this issue. I called NetSol & explained them the situation. If the domain name potentially has the company name, you have an opportunity to get the domain name back.

You can also just try writing a letter to them stating you are the "legal" owner (on your letterhead). It sometimes will work actually. It might take some time, but I have seen NetSol change it.

If he doesn't have a letterhead, he will by tonight. ;) He does have all sorts of flyers, menus, show handouts and so on to prove who he is, and that his claim is a valid one.
Maybe there's hope yet.

Time to build his case. Thanks all. Most helpful.

Originally posted by bear
UDRP is expensive, no? This guy is essentially a non profit, with no budget. This is going to go badly for him, I think.

I think it's $1500, not sure.

Originally posted by Francisco
If he doesn't, tell him to sue netsol.If he has the money of course.

Sue NetSol for what?

Originally posted by coreybryant
Does he have letterhead? If so, I have had a ew clients with this issue. I called NetSol & explained them the situation. If the domain name potentially has the company name, you have an opportunity to get the domain name back.

That's if the registrant is the company itself. In this case, it's an
individual who's disappeared, so the letterhead definitely won't
work.

Originally posted by coreybryant
You can also just try writing a letter to them stating you are the "legal" owner (on your letterhead). It sometimes will work actually. It might take some time, but I have seen NetSol change it.

NetSol doesn't care if you're the "legal" owner because anyone
can tell them "I'm the legal owner! Here's my proof!". As long as
you or any of your holdings isn't listed as the registrant, NetSol
and almost (if not all) any other registrar will only consider who is
the listed registrant as the legal owner, again no ifs ands or buts.

I'm sorry to disappoint you, bear, but your client's wasting his/her
time doing what you just last posted. The only proof NetSol will
accept is any item based on the current registrant name.

In NetSol's view, they'll accept a letterhead or business license
(just got this from my buddy there) if the registrant is an org, or a
state-issued ID like a driver's license if the registrant's a person.

Meanwhile, bear, perhaps your client can input some words to the
effect why s/he is using .com instead of .org, and input a link to
further explain what happened.

Originally posted by davezan
In NetSol's view, they'll accept a letterhead or business license
(just got this from my buddy there) if the registrant is an org, or a
state-issued ID like a driver's license if the registrant's a person.are you saying that they would accept this from him if he was a registered .org? He is, well was, up until a year or so ago when he surrendered this status officially. I would imagine that he still has the paperwork for this somewhere.

I understand that the owner is the owner, but I'm still hopeful that they would consider this anyway. The registrant has completely vanished, and my client was given access to make changes to DNS and so on by Netsol themselves on nothing more than his word that he was the "owner" (as opposed to the owner on the account record). He called from the telephone at his establishment to ask for access, and they granted it because he used that particular telephone. Unsure why.

Surely that is a sign that all is not completely lost?

This "vanished person" is the legal owner of the domain. He is listed as the registrant. NetSol cannot just give the name to you no matter what documentation you have - thats how domain names get stolen. I think your only legal option is to go channels (thru UDRP) and show that the otehr guy is using the name in bad faith & to cause confusion with your business.
What if NetSol gave transfered your domain name to someeone else based on "documents" or false claims? They'd be in all sorts of legal trouble. That's why domain locks and the UDRP process exists.
Your best bet is to track down this person. I doubt that someone in the computer industry would completely disconnect from the net and move to cabin with no access.

Originally posted by bear
are you saying that they would accept this from him if he was a registered .org?

I'll give you an example: if the registrant name is "Such, Inc.", the
letterhead is needed. If the registrant is "Joe Schmoe", the ID is
needed.

The domain name and/or extension doesn't matter. The registrant
name does.

Originally posted by bear
I understand that the owner is the owner, but I'm still hopeful that they would consider this anyway. The registrant has completely vanished, and my client was given access to make changes to DNS and so on by Netsol themselves on nothing more than his word that he was the "owner" (as opposed to the owner on the account record). He called from the telephone at his establishment to ask for access, and they granted it because he used that particular telephone. Unsure why.

According to my buddy there, that's one of their security measures
in place of the notorious fax: calling from the contact phone on
record or NetSol calling that person from that number. It's still got
potential loopholes, but at least they added another option.

From your latest post, I'd say it's because your client is registered
as a technical contact of the domain name. Rather than explain in
detail how it works, I think this link (http://accountmanageruserguide.com/01-roleofcontacts.htm) my buddy there gave me will
explain it all.

Thanks, davezan. I'd seen that page already and came to the conclusion that he's pretty much out of luck and is now officially screwed for the second time. Yep, he allowed this to happen not just this one time, but once before as well, with a diferent name.
Amazing.

We can only hope now that the registrant surfaces before 2008, and is willing to hand over the name like he originally promised.

@Virginia: as unlikely as it seems, that appears to be just what he's done. No mention of his name or former business can be found after a certain date (several years ago), at least that I could locate so far. I haven't given up on this, but it isn't looking too good.

Stupid question, but have you tried to call Network Solutions Customer Service to see what they say in your particular situation?

Originally posted by jeepfun
Stupid question, but have you tried to call Network Solutions Customer Service to see what they say in your particular situation?

He already did per his thread starter. Trust me, NetSol will tell him
what I said here.

It's not isolated to NetSol, though. Most if not all registrars have
the same problem, and will give the same response.

Hi,
I have a question

why does the big resgistrars have a premium service for critical domains.

the service should work in this way.

1) when someone registers a domain that is critical need to fill that its critical.

on selecting that its critical the registrars needs paper work on the letterpad of the registrant stating about secret questions / or identity proofs.

This identity proofs are verified when in case of person looses domain passwords or admin contact email.

if the identity proofs submited at this time matchs the one that were submited when the domain was registered, this will reduce the domains theafts.

What do u all say ? ? ?