Let say, hypothetically, one of your registrar lose your domains for some reason, how can you sue them?
For example, abc.com is registered with Tucows, and somehow the security on Tucows' ends ism't good enough that let the hacker log into, steal the domain. And, assuming there is NONE, 0% fault on the domain's owner side, nothing like the domain's owner lost his email, his email got hacked or something like that. The question is, how the abc.com's owner sue Tucows?
I know this question is kind of crazy. But just note that any abc.com and Tucows are just examples. What should the domain's owner do? Complain to ICANN? What kind of lawyer should he looking for in real life?
Please don't make fun, this is kind of real for me somehow, I'd appreciate it.
icann has developed new rule a year back where if a domain got transferred from a registrar to another registrar and the previous registrar request a transfer back due hijack or fraud then the new registrar is forced to return the domain back if there is no evidence shows the new registrant has bought the domain and moved it away.
long time ago a customer of mine transferred a domain from dotster to me (i use enom) and few days later enom contacted me saying dotster is complaining the domain was transferred fraudulently and need a prove from the customer, so i contacted the customer and he didn't have any prove that he bought the domain.
So the domain was transferred back to dotster and to the owner due the old owner got his email account hacked and that how the transfer got approved.
so its almost secure unless there is evidence that show the buying.
that's why buying and selling domains via escrow or lawyers is more assured than regular payment and pushes between accounts
Last edited by Bashar; 04-23-2004 at 08:11 AM.
Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
Kuwait's First Webhosting and Domain Registration provider - an ICANN Accredited Registrar