Web Hosting Talk : Web Hosting Main Forums : Domain Names : complain received from Domains By Proxy what's next?

[savo]

What’s next?
Just received a mail by Godaddy that a complain has been send to the proxy: domainsbyproxy.com

It is about a domain that I registered for my client.
The website has no files, unauthorized copyright material, spam, x-rated, provocation and so on.
In fact the website is a gateway for a group of journalist.

Now some party is very angry as they don’t seem to like the facts and they protested and made very angry phone calls to me personal.
I have replied many times in a kind way that I am only the register of this domain and that I have nothing to do with the domain contents.
They demanded to reveal the personal data to my clients to them, which according the agreement I am not allowed to handle over.
Since a year they have published my private data such as my private phone numbers on several web-logs.
You can all just imagine how many treads I received!

After that I decided to use domainsbyproxy.com to not only protect me and my family but also those journalist which are my clients.

Yesterday I received a notice from both: domainsbyproxy.com and Godaddy.
Now, as it’s the first time as a domain reseller that this is happening to me I would like to ask you what this all means.
First of all Godaddy charged me $20.00 I have absolute no idea why this is?
And I received the following mail from domainsbyproxy.com

Dear Customer,

We are contacting you regarding a trademark complaint for the domain, **********.COM.

We ask that you take steps to resolve the issue by doing one of the following within the next 3 business days:

1. Provide proof you have attempted to contact the complainant (i.e. copy or blind copy generalmanager@domainsbyproxy.com on an email to the complainant).
2. Remove the offending content and notify generalmanager@domainsbyproxy.com.
3. Notify and authorize DBP to disclose your identity for the limited purpose of this complaint by replying to this email stating “I authorize Domains By Proxy to disclose my identity to the complainant for the limited purpose of this complaint”.

Should none of the above occur, DBP will have no choice but to notify the complainant to continue their pursuit of a resolution through legal means.

Complainant Information:



Now I replied to them right away with the email send to the complainers and that they received that.
That no illegal trademarks are present on this website and that in fact I asked them last year to send a abuse mail to my company in order to do a inside inquiry.
They did not reply but taking their complaint seriously I did a inquiry myself and found that the website is not in violation and contains 2,4 Mb in whole.
And so.
Btw my good friend and high ranking lawyer from the Big Apple helped me last night in perfect English.

So are domainsbyproxy.com revealing my name to those nutcrackers which means the nasty phone calls will start again?

In advance thank you all for your suggestions!
Savo.

[Aorozco]

Transfer out asap the domain, Godaddy can be a pain in these cases. You need do it to a free private orders,check answerable.com or a directi reseller.

[Techno]

Transfer out asap the domain,

Whoa! AFAIK domains cannot be transferred out while WHOIS Privacy is enabled -as the domainsbyproxy email address would no longer work after transfer.
You could rent a PO Box & get a free phone # from someone like grandcentral.com or aimphoneline.com & put these into the WHOIS to remain anonymous. Note that you cannot transfer out from GoDaddy within 60 days of changing WHOIS contact info.

[Aorozco]

Try sending a email yto the address privacy of your site. If you receive it, you can transfer out.

Good luck.

[savo]

Thanks friends for all the help and advise on this issue!
Please bare with me that I received lots of horrible phone calls, sender unknown...

Please if possible can some one line me out the best way to act? This can be with a PM here, after that will send you my email address.

Me and our clients were forced to use this proxy service as they and me received criminal phone calls, and actual death threats, which we believe was due to the complaining party publishing all private information on several weblogs.

So why is Godaddy suddenly charging me 20 $????
And will the proxy reveal my private name?
Thanks again in advance....

[stub]

Hi savo,

Quite a little mess you seem to have got yourself into

I don't think GoDaddy will let you transfer the domain whilst there is a trademark complaint about it.

If you have done exactly what DBP have asked you in the email, including the part about disclosing your identity. That really is the best way to proceed. Comply fully with their request. Anyhow, since they already know your identity, what's the harm? After you have fully complied, notify them by email that you have done so. THEN CALL THEM. Either you or your lawyer friend.

Complain to your telecom company about the nuisance phone calls. Maybe also the police. Get your lawyer friend to get an injuction to prevent them from further hassling.

The $20 charge is in their ToS for dealing with these kinds of complaints.

If you are unwilling to instruct DBP to reveal your identity, then you definitely need to call them to explain that the reason that you put on the privacy was exactly because of the harassment and death threats you received beforehand. You might find a sympathetic ear, but, like most big companies they will want to follow their ToS. I haven't read it with regard to this incident but almost certainly it gives them the right to reveal your identity anyway. So asking for your approval, is just being nice. If you don't comply, then, most likely, your domain will be suspended.

Good luck... and cheers.

[savo]

I did all of that, BTW nice to see and talk with you again
Yep with over 600 domain holding at this time you are totally right I am in a mess....
this is just: being positive...

I did all that they ask me to just wanted to know what is going on next?

I wrote for a year or so to those idiot, sorry for the language, but no other words I can think of...
I also told them that me as a hosting company and domain register reseller has absolutely nothing to do with the content of the website and also that I do not have any plan to reveal the privacy of my clients.

In all the years I am in this business I never experienced this problem.
well I got a bad coffee this morning but what the hack..live with it...


[edit]
I wonder why I am paying a extra for this proxy while they could just see that nothing on the website is either x-rated and so on or contains illegal files?
It seems to me that any one can give you trouble just making a complain?

[savo]

for the other ones giving me a link, thanks will check the url's

[Dave Zan]

Originally Posted by savo

I wonder why I am paying a extra for this proxy while they could just see that nothing on the website is either x-rated and so on or contains illegal files?

Maybe because you had unrealistic expectations, especially if you didn't read your agreement or have your lawyer friend help you understand it?

To quote a line from an old cartoon, no one goes through life without enemies. In the meantime, work with your provider as stu said.

[stub]

Pretty much all privacy sucks. All registrars will give you up in a heartbeat. I'm surprised that DBP haven't done so already. Maybe the complaint wasn't submitted through a lawyer. I definitely think you should be talking to GoDaddy/DBP. Maybe you could use skype or similar, to reduce the intl charges.

[Aorozco]

By the way, i have some domains oif the Registerfly fiasco with Privacy, was transferred to Godaddy. I unlock them and begin transfer with privacy activated to namecheap. At the moment, i received the auth code and my theory look right, I inform later if more news.

[stub]

That must still be Registerfly privacy. Right? You have to remove GoDaddy privacy to effect a transfer (and waiting 60 days)

[Aorozco]

Yeah. I think i go to do some similar to you, and transfer later.

[mrzippy]

This is why I do not recommend using godaddy to register or hold any domain names.

In this situation, it appears you are guilty until you "prove" you are innocent.

This is standard operating procedure for godaddy. They charge you the $20 "fee" because someone made a complaint.

The only way you will get out of this situation is if you follow every exact requirement or demand from godaddy. If you do not follow their instructions, then they will not give you the domain back. You will not be able to transfer it away from them, and eventually they will suspend it and also charge you a suspension fee.

Good luck.

Once it is all over, I highly recommend moving your domain names to a more reputable registrar.

[stub]

Isn't that what I said, MrZippy?