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  1. #1
    Join Date
    Jun 2003
    Location
    California
    Posts
    2,766

    DOMAINSNEXT.COM - My Latest Battle

    Here's the latest on my battle with DOMAINSNEXT.COM. I found I could renew the name on the accredited registrar's website, ITSYOURDOMAIN.COM, so I did that back in January. Paid the extra few bucks to have them renew the registration, and checked their TOS to make sure the extra charges and "notarized letter" were not required to transfer the domain name later.

    This month, I initiated a transfer for the domain name I renewed, and recieved the form letter from DOMAINSNEXT.COM along with their new standard anti-competitive clause to prevent free and open competition:

    If the domain name is eligible for transfer, the registrant of the
    domain name must provide us with the following:

    1. The domain name to be transferred, correctly spelled.
    2. Your DomainsNext.com user name.
    3. The last 4 numbers of the credit card you used to register the domain name, or a valid picture ID.
    4. A letter of intent to transfer the domain name naming the ICANN registrar you wish to transfer your domain name to (SIGNED AND NOTARIZED)
    5. Processing fees of $15.00 per domain in the form of a money order or cashiers check, made payable to DomainsNext.com.
    I responded with this message, and sent a CC to ITSYOURDOMAIN.COM:

    This is not your domain to refuse. It was registered at ITSYOURDOMAIN.COM, and my credit card was billed by ITSYOURDOMAIN.COM under their TOS.

    I expect this domain transfer request to be honored. If I have to pay your anti-competitive and ridiculous fees, I will and then sue you in small claims court in the County of Ventura, where I live.
    Brian Ford from ITSYOURDOMAIN.COM, who has always been a gentleman by at least responding to my emails (something DOMAINSNEXT.COM has never done), responded asking for clarification:

    If I understand your situation correctly you registered your domain through Domainsnext.com. As such, you are governed by the terms and policies of Domainsnext.com. We do not and cannot control the business agreement between you and them. In order for the transfer to be completed you must contact Domainsnext.com directly. If you feel that ItsYourDomain.com is in violation of the registrar agreement please direct me to the appropriate provisions and I will gladly forward this to our legal department for review.
    My response to him is as follows:

    Hi Brian,

    Check your records. On January 14 I paid $13.95 to renew the registration on ITSYOURDOMAIN.COM, and ITSYOURDOMAIN.COM is the registrar of record. Since the transaction was done at your price through your website, I believe the registration move is yours to deny or approve.

    You might want to review the posts at sites such as http://www.webhostingtalk.com, http://hosthideout.com/ and others in their respective "Domain Name" forums. While I have been careful to note that the policy is DOMAINSNEXT.COM and not yours, you are being linked to the anti-competitive practices of DOMAINSNEXT.COM. Many seem upset that you are not honoring the spirit of what ICANN's faq says at http://www.internic.com/faqs/domain-names.html :

    "I have seen advertisements for domain-name registration by companies not in the accredited registrar directory. Are these legitimate?

    Only registrars accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) are authorized to register .aero, .biz, .com, .coop, .info, .museum, .name, .net, .org, or .pro names. Some of these accredited registrars offer their services through resellers, which may provide assistance in completing the registration process. Your registration contract, however, will be with the accredited registrar and that registrar
    will maintain your contact information."

    There are several of us who will continue to exercise our First Amendment rights to relate our experiences with DOMAINSNEXT.COM, as well as your refusal to intervene on the consumer's behalf.

    If I have to pay the unfair charges being imposed by your reseller, I will, but I will in turn consider filing suit against DOMAINSNEXT.COM and ITSYOURDOMAIN.COM in small claims court to recover all associated costs. It is obvious from the format of the change in DOMAINSNEXT.COM's TOS in January
    of this year that the extra paperwork and charges are intended solely to prevent fair and open competition, which is a violation of California law.
    So, we'll see what ITSYOURDOMAIN.COM's response is. I can't seem to get one from DOMAINSNEXT.COM, yet another reason they certainly qualify for the Hall of Shame at my registrar review site. Looking over the messages here at WHT, there is plenty of bad press for both of these companies; you would think they would take notice and try to salvage some of their business.

  2. #2
    Join Date
    Jul 2002
    Location
    Kuwait
    Posts
    10,573
    hope you get your domain out soon.

    and not have issues like what some people had and I did with totalnic and never got our domains out of there..
    Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
    Kuwait's First Webhosting and Domain Registration provider - an ICANN Accredited Registrar

    Twitter: Bashar Al-Abdulhadi

  3. #3
    Join Date
    Jun 2003
    Location
    California
    Posts
    2,766
    I'm traveling so I'm a couple of days behind on updates ... I did get a response from Brian at ITSYOURDOMAIN.COM, and he said he had changed the records, and the domain is correctly pointed to them, not the reseller. I can initiate the move of the domain name again, and he will honor it.

    I'm very happy about this, and I'm inclined to simply leave my domain with him, as long as no funds are going to DOMAINSNEXT.COM. Brian's response has been quick and professional in any transaction, while DOMAINSNEXT.COM has not responded at all. For me, I'm more concerned with customer service levels and dealing with people who are straight shooters.

    If ITSYOURDOMAIN.COM simply allows me to renew registrations with them, I may simply do that. GoDaddy.com is OK, but it is troublesome to go through ten screens to register a domain name and make sure all the extra services are not checked (they never have been, but it would be easy to mistakenly buy something you don't need from them.)

  4. #4
    Join Date
    Sep 2002
    Location
    London/Edinburgh
    Posts
    1,131
    Well done.
    Good to see you got it!

    Regards,
    Thomas Currie
    Europhase UK Limited - XEN/OpenVZ UK/US Virtual Private Servers | R1Soft Backups for Web Hosts
    Custom R1Soft Backups | UK/US Web Hosting | UK/US Virtual Private Servers
    99.9% Uptime SLA | Non Overloaded Service | Guaranteed Ram / Resources
    Company: SC345142 VAT: GB-947754180 Tel: 0870 4710 895

  5. #5
    Join Date
    Jul 2002
    Location
    Kuwait
    Posts
    10,573
    glad to hear it was solved.

    i think what made the missunderstanding that you went and renewed @ itsyourdomain which might upset domainsnext
    Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
    Kuwait's First Webhosting and Domain Registration provider - an ICANN Accredited Registrar

    Twitter: Bashar Al-Abdulhadi

  6. #6
    Join Date
    Jun 2003
    Location
    California
    Posts
    2,766
    Well, I did that on purpose (renewing at ITSYOURDOMAIN.COM). Since DOMAINSNEXT.COM is engaging in their anti-competitive practice of throwing up unnecessary barriers to name transfer, I at least wanted to make sure they didn't get any revenue from the issue.

    I don't have hundreds of domain names, or names I'm selling to customers; if I did, and was with DOMAINSNEXT.COM for those names, it would be a disaster. For the ten or so I have, all those extra screens at GoDaddy.com you have to go through to renew are a bit of a hassle for the $40 a year I'll save. How do people deal with it who have hundreds of names?

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