Web Hosting Talk







View Full Version : Reseller put domain into his own name


Jadalina
08-05-2007, 01:24 AM
My webhost has apparently gone off a bridge somewhere, because for the past few months I've been unable to reach anyone at any of their email addresses or phone numbers. This is a big problem for me because the one domain I got through them, they apparently put into their own name. I found out when I tried to transfer it over to my reseller account, and couldn't because they listed themselves as the registrant, admin, and tech contact.

How do you get your domain back when your reseller puts it into their own name, and then dissappears? I just paid the renewal in June. Should I try to convince my client to just use a new domain after 3 years of using the same one (oh that'll be fun!) or is there another option available?

Vinayak_Sharma
08-05-2007, 01:50 AM
Contact the Registrar with all the details that you can provide for ownership of that domain.

MilkMan
08-05-2007, 11:14 AM
My webhost has apparently gone off a bridge somewhere,


Are they located in the Minneapolis area by chance?

everity
08-05-2007, 12:27 PM
Yeah, contact the actual registrar. You can do a whois search to find out which registrar you have, if needed.

For future reference, always make sure the host puts domain names in your name by doing a whois search and/or contacting the registrar directly.

Jadalina
08-05-2007, 12:28 PM
@vinsar - I already did. The registrar is Enom. They said that the domain is legally owned by the name on it, not me, so I can either take legal action or get another domain. I have all the receipts for paying for the domain, but they basically said so sorry, now stop bothering us.

@MilkMan - ha, no

@everity - I register them myself now... just let the web host handle this one way back when I got started. After this mess there's no way I'd ever let some reseller handle it for me again.

Vinayak_Sharma
08-05-2007, 01:19 PM
Jadalina now lot depends on where you and your provider is located, if you people are within the same country and if that domain is too precious for you and your client then you people can take legal action against the provider, but keep in mind that it could a costly affair.

Mikey this way!
08-05-2007, 03:53 PM
My webhost has apparently gone off a bridge somewhere, because for the past few months I've been unable to reach anyone at any of their email addresses or phone numbers. This is a big problem for me because the one domain I got through them, they apparently put into their own name. I found out when I tried to transfer it over to my reseller account, and couldn't because they listed themselves as the registrant, admin, and tech contact.

How do you get your domain back when your reseller puts it into their own name, and then dissappears? I just paid the renewal in June. Should I try to convince my client to just use a new domain after 3 years of using the same one (oh that'll be fun!) or is there another option available?

Thats exactly the reason why you shouldn't get/buy domain names from Web Hosting companies.

Always keep them at a domain registrar.

Also, its immaterial who pays for registering/renewing the domain. What matters is who's name is on the Registrant Info.

I don't think Enom can help you.

mrzippy
08-05-2007, 04:24 PM
You might get lucky, depending on who is the registrar. If it is registered with eNom, then you will need to contact them and open a claim issue. They will ask you to prove that you own the domain name.

You *might* be able to do this by sending them the invoice and payment details you made.. but it will depend on if the invoice and payment actually shows the domain name listed.

Good luck!

everity
08-05-2007, 04:44 PM
Thats exactly the reason why you shouldn't get/buy domain names from Web Hosting companies

I disagree. There are many reputable hosts who will put the domain name in your name. This was once a rule that was enforced by all registrars. The last few years they seem to have given up on it, but any reputable host will do this voluntarily. There are lots of advantages to registering a domain name through the host. Additionally, some hosts are ICANN-accredited, meaning they are both a host and a registrar.

Also, its immaterial who pays for registering/renewing the domain. What matters is who's name is on the Registrant Info. I don't think Enom can help you.

Enom is overwhelmed with these sorts of requests, so they may not want to help you, but they can if you put a little pressure on them. Have your attorney handle this, you'll be surprised just how quickly the problem gets solved. (No need to be rude, of course. It isn't enom's fault this happened, but an attorney will have better luck getting their attention.)

TheTop
08-05-2007, 04:56 PM
Yes either do the registration yourself or make sure they put your email as the contact address.

As far as the current domain goes, if you have documents which migth prove ownership or prove that hos was buying on your behalf, you might get it back, otherwise .... oops!

Lubeca
08-05-2007, 05:15 PM
I disagree. There are many reputable hosts who will put the domain name in your name. This was once a rule that was enforced by all registrars.

Was it really???

If so how would they haved monitored it, how would they have policed it, how would they even have been able to tell that the entity registering the domain wasn't the "real" registrant?

I am old enough to remember the days when there was only a registry (Network Solutions aka "the Internic") and no registrars, and when domain names were applied for by email template and invoices (for USD 100 per domain) would arrive in the post weeks after the event. Even in the old Internic days I don't remember any such rules being enforced. In these post-Internic days, with thousands of domains registered every day by fully automated processes, I can't see any way that any registrar would be able to monitor domain name applications and to check that domains get registered to the "right" entity.

everity
08-05-2007, 05:48 PM
Yeah, I remember those days too. After those days came a time when domain name resellers started cropping up. At first, they were more regulated, and had to follow stricter rules. Then, about 3 or 4 years ago, it became apparent that some of the rules could no longer be enforced due to high volumes.

As to your question of how a registrar might know, if a host registers thousands of domain names, but they are all under the host's name, then its pretty much a slam dunk. :)

Regardless, you are totally missing the point. Just because a host can get away with it doesn't make it ok. Whether registrars can enforce it or not has nothing to do with the fact that any ethical host will register a domain name under the client's name, rather than the host's.

stub
08-05-2007, 08:08 PM
These WHT pages are littered with examples where the webhost has put their name in the domain registration. You should never register the domain with the same company who does the hosting. It's insurance. If you ever get into any billing trouble with you webhost (and I've seen some aggressive webhost billing), they WILL lock you out from your domain. Then your up the creek without a paddle. It's also easier to change resellers/registrars if the webhost goes belly up like in this case.

Jadalina
08-05-2007, 08:13 PM
@stu - I did that way back before I knew any better, and then forgot about that one domain. Kind of a hindsight thing.

Their billing system has been out of order since April (it regularly stops working for months at a time)... which is how long I've been trying to get in touch with them. I'm trying to give them money and they won't answer their emails. I think they're just all permanently out to lunch. I've since relocated all of my sites save that one that they have control of the domain.

everity
08-05-2007, 08:25 PM
These WHT pages are littered with examples where the webhost has put their name in the domain registration. You should never register the domain with the same company who does the hosting. It's insurance. If you ever get into any billing trouble with you webhost (and I've seen some aggressive webhost billing), they WILL lock you out from your domain. Then your up the creek without a paddle. It's also easier to change resellers/registrars if the webhost goes belly up like in this case.

Sadly, you are right. There are many dishonest hosts out there who do incredibly unethical things. And there is absolutely nothing wrong with registering your domain name from a provider other than your host.

Still, there are many hosts who have been registering domains for many, many years, and who have NEVER ONCE put a domain name in their own name, and who have always been reliable and never blocked a single transfer, even when the customer failed to pay for hosting they had already used. It is incredibly unfair for you to make a blanket statement like "they WILL lock you out from your domain." That is just plain wrong.

stub
08-05-2007, 10:00 PM
I have never seen any host who will let you transfer your domain with unpaid bills outstanding. Perhaps you could do them and us a favor by listing a few of the best examples here.

everity
08-05-2007, 11:00 PM
As long as the domain name itself has been purchased, any honest, reputable host will let it be transferred, managed, etc.

As much as I would love to give you examples, I wouldn't know how. Its not like people come to forums and post when their provider let them do something that is completely ordinary. They only post when they have a problem.

From personal experience, there have been dozens, if not hundreds of times when our clients had unpaid hosting charges and were still allowed to transfer their domains. eVerity has provided well over 8,000 domain registrations, and to my knowledge there has never been a single complaint. I'm sure there are plenty of other hosts who can say the same, but they will need to speak for themselves.

Mikey this way!
08-05-2007, 11:47 PM
@everity

You may disagree if you want to and I won't correct you. The bottom line is KEEP YOUR DOMAIN SEPARATE FROM YOUR HOSTING. Like it or not.

It has a SINGLE advantage of being able to change Hosts and Transfer the domain around without hindrances. If you might, what are the important advantages of registering a domain with a registrar.

I say again, payment is immaterial. Who pays doesn't decide who owns it. When I buy a domain and my brother pays for it who owns the domain? Me or Him? Likewise, if the Host is the Registrant since the begining then I doubt Enom can do anything. But, if the actual owner was the Registrant and the WHOIS was changed by the Host then it's altogether a different matter.

You are however right about such requests' volume and so putting a bit pressure on Enom might work ;)

Mikey this way!
08-05-2007, 11:50 PM
any ethical host will register a domain name under the client's name, rather than the host's.

How do you know that beforehand?

Also, how are you sure that the Web Host will maintain the same ethical levels/practices?

Also, you can't predict beforehand how someone will behave in a given situation.

It's best to take out insurance i.e. register the domain at some registrar.

Mikey this way!
08-05-2007, 11:53 PM
I have never seen any host who will let you transfer your domain with unpaid bills outstanding. Perhaps you could do them and us a favor by listing a few of the best examples here.
Me too.

I've seen companies blocking domains even when all bills are paid and yet they won't let go the domain and were forcing the client to stay with them.

Mikey this way!
08-05-2007, 11:59 PM
As long as the domain name itself has been purchased, any honest, reputable host will let it be transferred, managed, etc.

As much as I would love to give you examples, I wouldn't know how. Its not like people come to forums and post when their provider let them do something that is completely ordinary. They only post when they have a problem.

From personal experience, there have been dozens, if not hundreds of times when our clients had unpaid hosting charges and were still allowed to transfer their domains. eVerity has provided well over 8,000 domain registrations, and to my knowledge there has never been a single complaint. I'm sure there are plenty of other hosts who can say the same, but they will need to speak for themselves.
It's good to know of a honest host ;) Really.

But, dude nobody was talking about your company.

Even am a Web Host and I still believe that domains should be separate from hosting. Not that I refuse domains transferred over to me but, I don't encourage it either. I just keep silent on that part.

What I said was a general statement and which many here would second.

I hope you'll agree that Reputable/Ethical hosts are comparatively less than the rest. Also, you can't know how the WebHost would behave in a given situation.

So, is it not best to keep the TWO separate?

everity
08-06-2007, 12:07 AM
Like I said earlier, there is absolutely nothing wrong with using two different providers, one for hosting and one for the domain. If anyone wants to, go right ahead.

My issue is with the claim that ALL hosts put domains under their own name, or that ALL hosts use domains to keep clients from transferring. Those statements are irresponsible and false.

In answer to your questions

1) How do I know that beforehand? This is not a fact, but an opinion, one I'm sure every domain holder shares: An ethical host will list the registrant as the actual registrant (the person who paid for it). Anything else is dishonest and unethical.

2) You can be sure a host will maintain the same ethical levels/practices based on their history. An experienced host that really cares about its reputation isn't going to one day randomly start mishandling domain names for no reason. A good host is no less likely to abandon their morals than a registrar. Wouldn't it be better to have your domain through an honest host than to experience the trauma of having had it through RegisterFly? (as an example.)

Again, please read this, there is nothing wrong with keeping them separate, and I agree that it may be safer, but please don't go around saying that hosts always mishandle domains. That is wrong.

everity
08-06-2007, 12:15 AM
I've seen companies blocking domains even when all bills are paid and yet they won't let go the domain and were forcing the client to stay with them.

Again, these are the hosts we always hear about. In general, these are kiddie hosts, or fly-by-night hosts, or hosts that only accept annual payments, or hosts that are just looking to make a quick buck. They are not serious, reputable companies, nor do they make up the bulk of domains registered through hosts. They are just the ones that get everyone's attention.

Jadalina
08-06-2007, 01:10 AM
They finally got in touch with me and will transfer the domain back into my name. So, guess that took care of my question. :)

everity
08-06-2007, 01:20 AM
Good. Glad to hear it. :)

Vinayak_Sharma
08-06-2007, 01:34 AM
They finally got in touch with me and will transfer the domain back into my name. So, guess that took care of my question. :)


Congrats, I hope every thing will be normal and smooth for you now onwards.

Mikey this way!
08-06-2007, 04:46 AM
My issue is with the claim that ALL hosts put domains under their own name, or that ALL hosts use domains to keep clients from transferring. Those statements are irresponsible and false.

Now when did I say that?

1) How do I know that beforehand? This is not a fact, but an opinion, one I'm sure every domain holder shares: An ethical host will list the registrant as the actual registrant (the person who paid for it). Anything else is dishonest and unethical.

2) You can be sure a host will maintain the same ethical levels/practices based on their history. An experienced host that really cares about its reputation isn't going to one day randomly start mishandling domain names for no reason. A good host is no less likely to abandon their morals than a registrar. Wouldn't it be better to have your domain through an honest host than to experience the trauma of having had it through RegisterFly? (as an example.)

Why to risk or take a chance when you have better and safer options? How can you put faith based on History? When a host starts going downhill how do you predict how they'll behave?

What happened about RegisterFly is unfortunate. Pointing at the RegisterFly thingy doesn't make Web Hosts more reliable. How many Web Hosts go downhill in a year and how many RegisterFly type things happen? I'm talking about minimising risks not eliminating them.

P.S.: I don't mean that Web Hosting Companies are less reliable or stable.

but please don't go around saying that hosts always mishandle domains. That is wrong.

When did I go around saying that? I suggest Please RE-read what I have posted.

Mikey this way!
08-06-2007, 04:52 AM
Again, these are the hosts we always hear about. In general, these are kiddie hosts, or fly-by-night hosts, or hosts that only accept annual payments, or hosts that are just looking to make a quick buck. They are not serious, reputable companies, nor do they make up the bulk of domains registered through hosts. They are just the ones that get everyone's attention.
You are right about that but, in the case i've seen the web hosting company was pretty big yet were doing such a thing.

That's why I say Keep the Domain separate. Why to stick out your neck when you have the option?

Mikey this way!
08-06-2007, 04:57 AM
They finally got in touch with me and will transfer the domain back into my name. So, guess that took care of my question. :)
Congratulations on that! :banana:

stub
08-06-2007, 05:40 AM
If you ever get into any billing trouble with your webhost (and I've seen some aggressive webhost billing), they WILL lock you out from your domain

This is what I actually said :) So far eVerity can only name his own company that will not do that. So I'll change my statement to "except for eVerity, they WILL lock you out from your domain"

Mikey this way!
08-06-2007, 06:23 AM
This is what I actually said :) So far eVerity can only name his own company that will not do that. So I'll change my statement to "except for eVerity, they WILL lock you out from your domain"
LOL.

But does it count if you state that yourself? ;)

I mean someone else should have said that Everity doesn't do that and not the company itself :P

everity
08-06-2007, 10:01 AM
Lol, I still say there have to be good hosts who don't do that. Again, no one is going to come forward and make a big deal over the fact that they transferred their domain name away from a host and it went as planned. Who would care?

It probably happens hundreds of times a day. Its routine. That is why you'll never read about it in a forum or in a review.

Its like flying. Flying is the safest way to travel. But it doesn't make news every time a flight comes in on time. Only when a plane crashes does it make national head lines. Yet, those few crashes scare many people away from flying because the media is more likely to cover the one plane crash in which 80 people died rather than all the car crashes during the same period.

Saying that web hosts always mishandle domain names creates the same kind of hysteria. Registering your domain name through your host is not 100% safe 100% of the time, but neither is registering through a cheap registrar. Still, 99.9% of the time, there are no problems. Its the 0.1% that is being blown out of proportion.

A few bad apple hosts have given all hosts a bad rap when it comes to registering domains. People should be on alert, I agree, but they also need to be aware that the vast majority (99%+) of domains registered through hosts are handled properly and without incident. (I can't prove that 100% without input from every person who has registered a domain name through a host, but its safe to estimate that there are tens of millions of domains registered through hosts, and based on the number of forum posts, to estimate that fewer than 1 in 1,000 have ever had any complaints.)

coax
08-06-2007, 11:18 AM
Back when I didn't have my dedicated i bought domains through 1and1's shared hosting.
I lost my account for personal reasons and all my domains were left in the account.
So I emailed them and started a transfer and my domains were transfered to namecheap.

My reason for losing my account with 1and1 was my fault, and they could easily have locked my domains down but they didn't.
There are also many smaller honest hosts that will eb happy to transfer your domain away on a failed billing invoice.

The problem is you never know, and you better be sure that they are an honest host before you register domaisn there, especially ones that are/will be valuable.

nameslave
08-06-2007, 11:56 AM
I too would recommend keeping your domain AWAY from hosting for both flexibility and precaution purposes. I guess the old saying stays: don't put all your eggs in one basket.

stub
08-06-2007, 06:36 PM
If I owned a hosting company, I wouldn't let a customer move his domain away without him settling his bills. I think it's just FUD to say that most hosts would allow that. Plain business sense.

everity
08-06-2007, 09:48 PM
stu2, if a customer has paid for something, legally you have to provide it. If they later buy something else, and don't pay for it, its a loss.

The way we do it, if a customer's total payments equal or exceed the cost of the domain, the domain is theirs, no matter what. If they cancel hosting, which they can do at any time, but don't pay for their final month, its a loss. If they have an especially big bill, we'll go the legal route, which is collections and eventually a negative mark on their credit report. Even if it gets that far, the domain name is still theirs because at least they paid for that.

If they didn't pay for the domain, which is very rare, they are blocked from changing the nameservers or transferring it away until they make their payment. If they owe $90 for hosting, and $8 for domain registration, as long as they make a payment of at least $8, the domain is theirs.

Hosting and registration are two different services.

stub
08-07-2007, 07:51 AM
It's a business model I'm not used to eVerity, in the domain/hosting business at least.

mrzippy
08-07-2007, 07:13 PM
I have never seen any host who will let you transfer your domain with unpaid bills outstanding. Perhaps you could do them and us a favor by listing a few of the best examples here.
We do not block domain transfers out from our system (we're eNom resellers), if the customer has unpaid hosting fees.

The two services are completely distinct.

Just because the customer has an unpaid hosting fee, does not give us the right to hold their domain name as hostage.

stub
08-07-2007, 09:47 PM
Ok. So that's 2 now... and counting.

everity
08-07-2007, 11:32 PM
I'm sure there are hundreds more. The majority of hosts rarely visit this forum, and the ones that do visit may not see or respond to this thread. That said, hopefully some others will step forward as well. :)