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  1. #1
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    Question Domain Name Problem

    I have unsuccessfully tried to contact the current owner of an undeveloped domain name I wish to purchase. The site is tied into a junk mail site; where it redirects you and tons of ads pop-up. So, I’m guessing the owner controls several domains. What other courses of action can I take? The information from “WHOIS” doesn’t help.

  2. #2
    I guess it is "developed" if he's got popup ads. If he didn't reply, he's probably not interested in selling it.
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  3. #3
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    if he has tonnes of pop-up ads, it sounds like it could be a domain name with some good type-in traffic. I hate those multiple pop up ads.
    Hard to comment without knowing the domain name, but I would hazard a guess and say they may not be interested in selling it, and if they did, they would want some really high price, over $10,000.
    Just making a guess, the only way you can know for sure, is to send them an email and ask them.

  4. #4
    When you say the information in the whois does not help, this does give you a way to get his attention.

    Domain owners are bound by contract with their registrar to keep the information in their whois record correct. If you complain to their registrar, the registrar is bound by contract with ICANN to see that this data is corrected within 15 days. If it is not corrected, the action the registrar is supposed to take is to drop the domain.

    You could always try this approach. Nothing ventured ...

    -t
    myOstrich Internet - OpenSRS Domain Names & Digital Certificates
    http://www.myostrich.net

  5. #5
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    Ooh, that's vicious and underhanded...I like it!

  6. #6
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    Yeah I tried to do the same and the Registrar said we'll give them 15 days to put their contact info up. 45 days later, still the same blank fields.

  7. #7
    Originally posted by timechange
    Yeah I tried to do the same and the Registrar said we'll give them 15 days to put their contact info up. 45 days later, still the same blank fields.
    I would suggest you copy the segment of the ICANN/registrar agreement that states the registrars responsibility in this matter and send it, and a reminder, to both the registrar and icann.org.

    You can find the document at http://www.icann.org/registrars/ra-a...nt-17may01.htm

    Here is the specific segment of interest:
    3.7.7.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.
    ICANN recently sent out a reminder to all registrars that adherance to this policy is mandatory and it will be enforced.

    http://www.icann.org/announcements/advisory-10may02.htm

    Failure to comply with ICANN policy is grounds for the loss of accreditation, and I cannot imagine any registrar wanting to go there...

    -t
    myOstrich Internet - OpenSRS Domain Names & Digital Certificates
    http://www.myostrich.net

  8. #8
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    thanks thewitt, it's hardball time

  9. #9
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    How do I complain to their registrar...i.e. via email?

  10. #10
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    fax and regular (snail) mail, too.

  11. #11
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    Thanks for your help. I have filed the complaint with the registrar via email, fax, and snail-mail. I'll keep you posted.

  12. #12
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    Don't forget to CC ICANN.

  13. #13
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    Do you have ICANN's email address, fax #, and mail address? Thank you.

  14. #14
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  15. #15
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    How can I follow this (see below)? The problem is I have sent snail-mail, email, and tried calling and faxing the Registered person, and have not reached them. The fax and phone number simply ring and nothing picks up. My emails and letters haven't be acknlowledged. Prehaps, I should try a certified letter...is this sufficient proof?

    -------

    Here's the response I got from ICANN:

    In order to qualify your complaint of invalid WHOIS info for a higher priority
    of investigation, you would need to provide specific evidence (circumstantial or
    otherwise) of invalid contact info.

    Simply not receiving a reply from the listed contact info does not constitute evidence of genuinely invalid contact info. Please provide copies of any bounced mail messages (including headers), or any other tangible information of specific
    failures of listed info in order to have this record immediately and fully investigated for invalid WHOIS info.

  16. #16
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    Originally posted by ENYC
    Prehaps, I should try a certified letter...is this sufficient proof?
    I would think that a certified letter could only disprove your case, not prove it. If you send a certified letter and it's received, the address constitutes valid contact information. If you send a certified letter and they don't accept delivery it doesn't prove anything except that they didn't want that letter. There's nothing in the ICANN policy that says domain holders have to accept either email or snail mail, or phone calls, from just anyone. In other words, I wouldn't think that it would be considered a "specific failure of listed info."

    I guess you've got nothing to lose but the few dollars it would take to send it though. If the letter is delivered, just don't tell ICANN!
    Specializing in SEO and PPC management.

  17. #17
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    this person registered the domain name, paid for it, as much as we all hate pop up ads, does not appear to have done anything terribly wrong.

    Perhaps the owner does not want to sell the domain name, perhaps they get lots of offers and are not interested. Why dont you just move on, and look for another name.

  18. #18
    did the email's bounce? if so forward those copies as outlined in icann's reply.

  19. #19
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    Originally posted by hostjet
    this person registered the domain name, paid for it, as much as we all hate pop up ads, does not appear to have done anything terribly wrong.

    Perhaps the owner does not want to sell the domain name, perhaps they get lots of offers and are not interested. Why dont you just move on, and look for another name.
    Simple as this: if they don't update the records with valid information, the domain can be legally cancelled. In which case he can register it for as low as $8.

  20. #20
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    the person doesnt answer their phone or reply to their email, perhaps they are making so much money from their pop-up ads that they are off holidying at some exotic destination and are unable to.

  21. #21
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    If the Registered Name Holder fails to respond they're in violation of the ICANN Agreement.

    As stated in The ICANN Registrar Accreditation Agreement, section 3.7.7.2:

    “A Registered Name Holder's...failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.”

  22. #22
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    failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details
    so i guess nobody has ever gone on a holiday for more than fifteen days. And if they did, they risk losing their domain name.
    I think it is, or ought to be a lot harder to get a domain name cancelled based on these grounds.

  23. #23
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    Yes. Just renew it in advance, not at midnight the day before it expires!!!!

  24. #24
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    Originally posted by timechange
    Yes. Just renew it in advance, not at midnight the day before it expires!!!!
    yeah, you should kinda pay attention to details like that.

  25. #25
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    Yes. Just renew it in advance, not at midnight the day before it expires!!!!
    ??????????
    the post is about a domain name which is not near expiry, but where the validity of the contact details are questionable.

  26. #26
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    Originally posted by hostjet

    so i guess nobody has ever gone on a holiday for more than fifteen days. And if they did, they risk losing their domain name.


    ??????????
    the post is about a domain name which is not near expiry, but where the validity of the contact details are questionable.

    That post was in response to your comment.

  27. #27
    It's funny how threads can change direction based on misunderstanding someone's post. I thought hostjet's comment was perfectly clear.

    The wording in the ICANN registrar contract regarding the 15 day contact window is disturbing - no doubt about it.

    I have yet to find anyone who has successfully had a domain name dropped by a registrar however, using this clause.

    When ICANN sent out their reminder to registrars back in May, I did some probing at registrars where we have business arrangements, and no one could recall ever being asked to redress this.

    I don't know if it happens or not - but the language there in support of the complaintant should someone be able to prove that the contact information in a domain is bogus.

    I don't believe that failure to answer emails, phone calls or regular mail asking to purchase a domain would be grounds for such action however - though we have some domains under our management where customers have clearly used false information. Donald Duck in Orlando Florida with the phone number of 234-567-8910 is not likely to be valid. Should someone contest this one, I don't know how it would not be dropped.

    -t
    myOstrich Internet - OpenSRS Domain Names & Digital Certificates
    http://www.myostrich.net

  28. #28
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    Originally posted by thewitt


    I don't believe that failure to answer emails, phone calls or regular mail asking to purchase a domain would be grounds for such action however - though we have some domains under our management where customers have clearly used false information. Donald Duck in Orlando Florida with the phone number of 234-567-8910 is not likely to be valid. Should someone contest this one, I don't know how it would not be dropped.

    -t
    The email contact information is probably valid in order to get renewal info and stuff. Wouldn't that satisfy the requirements for valid contact infromation?

  29. #29
    Email contact would certainly be enough for the registrar to contact the domain owner for the update, but the language in the agreement reads
    3.7.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8.
    so you cannot get away with supplying invalid information for some things and a valid email address for the other. In the case of my suspect domain. the email address bounces. We've tried to contact them as part of our follow up service, and the email bounced.

    -t
    myOstrich Internet - OpenSRS Domain Names & Digital Certificates
    http://www.myostrich.net

  30. #30
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    Originally posted by hostjet

    ??????????
    the post is about a domain name which is not near expiry, but where the validity of the contact details are questionable.
    My mistake.

  31. #31
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    375
    Originally posted by thewitt
    Email contact would certainly be enough for the registrar to contact the domain owner for the update, but the language in the agreement reads so you cannot get away with supplying invalid information for some things and a valid email address for the other. In the case of my suspect domain. the email address bounces. We've tried to contact them as part of our follow up service, and the email bounced.

    -t
    I'm sure there is a procedure in place to allow for downtime, hosting changes, change of address, etc. Any ideas on how would that play into what's being discussed here?

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