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  1. #1
    Join Date
    Apr 2004
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    Which registrar based on TOS

    Which registrar out there is not going to terminate, suspend or hold a domain name unless there is a proper court order accompanied with the court's justification for ordering the closing of the domain name?

    As far as I can tell, all registrars out there have in their TOS that they can play for judge themselves, acting on accusations or letters from lawyers, individuals, action groups, companies etc. making a claim... There are courts with judges for ordering the close down of domains, I don't want to risk my domain to be closed down without a proper court order ...

  2. #2
    Join Date
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    A registrar without a TOS that involves courts and lawyers is like a hosting company saying "We are responsible for your backups"

    Even though most registrar's dont take the domain out of the blue they still would like the power to do so if need be. Just like hosting companies dont want to be held liable for lost data even though they have backups.

    I assure you that there will be no registrar which will say "We will take down your domain only with a court order" because they have other guidelines to abide by, such as ICANN's. So each and everytime a domain is involved in an abuse issue, they cant wait for a court order.
    Email: info ///at/// honelive.com

  3. #3
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    Nov 2002
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    Domains are typically taken down for copyright infringement, kiddie-porn, hate speech and phising/scam operations. If you don't engage in these you shouldn't have any worries. That being said, GoDaddy has reputation of having a lower threshold than others before taking action on these sites.

  4. #4
    Join Date
    Jun 2005
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    Not any of them.
    Signature Under Construction.

  5. #5
    Quote Originally Posted by zinneken View Post
    Which registrar out there is not going to terminate, suspend or hold a domain name unless there is a proper court order accompanied with the court's justification for ordering the closing of the domain name?
    As the other 2 answered, there's none. No one's willing to take the fall over a $7-$10 a year contract for a domain name that might be worth more.

    Next best thing might be your very own registrar, which isn't necessarily cheap.

  6. #6
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    Jun 2005
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    The easiest way to become your own registrar is to lease it from Rebel.com at $2000/month. Interested?
    Signature Under Construction.

  7. #7
    Join Date
    Apr 2004
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    Quote Originally Posted by Techno View Post
    Domains are typically taken down for copyright infringement, kiddie-porn, hate speech and phising/scam operations. If you don't engage in these you shouldn't have any worries. That being said, GoDaddy has reputation of having a lower threshold than others before taking action on these sites.
    While I strongly agree on most of these exclusions (porn, scams, etc.), I refute the copyright infringement argument. Copyrights and trademarks are governed by specific law and should only be acted by court order. A competitor might claim a copyright or trademark is being violated, and the domain would be taken down for no reason other then a competitor damaging your business on the back of a registrar playing judge. This is unacceptable risk to a legitimate business.

  8. #8
    Join Date
    Feb 2007
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    268
    Are you talking about the ICANN accredited domain registrars or resellers and the ones without that authorization? All of the ICANN domain registration companies provide solid services.

  9. #9
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    Quote Originally Posted by zinneken View Post
    While I strongly agree on most of these exclusions (porn, scams, etc.), I refute the copyright infringement argument. Copyrights and trademarks are governed by specific law and should only be acted by court order. A competitor might claim a copyright or trademark is being violated, and the domain would be taken down for no reason other then a competitor damaging your business on the back of a registrar playing judge. This is unacceptable risk to a legitimate business.
    The specific trademark and copyright infringement you are referring to is usually dealt by each registrar differently, you must read their TOS.

    For example,

    eNom's: http://www.enom.com/terms/copyright_policy.asp

    You will find similar ones on the respective registrar's websites.
    Email: info ///at/// honelive.com

  10. #10
    Join Date
    Apr 2004
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    36
    Quote Originally Posted by Anantha View Post
    The specific trademark and copyright infringement you are referring to is usually dealt by each registrar differently, you must read their TOS.

    For example,

    eNom's: http://www.enom.com/terms/copyright_policy.asp

    You will find similar ones on the respective registrar's websites.
    Rather then individually going through the TOS of each registrar, does anyone know which registrar will not pull your domain based on copyright/trademark accusations, but only on proper court order?

  11. #11
    I don't think that there are anyone like this but I do know that you must read the TOS of your registrar completely before applying

  12. #12
    Quote Originally Posted by stu2 View Post
    The easiest way to become your own registrar is to lease it from Rebel.com at $2000/month. Interested?
    I initially thought of posting that. But after reading that Dell managed to legally lock out 3 registrars from VeriSign:

    http://www.domainnamenews.com/legal-...ocked-out/1351

    VeriSign advised us that the plaintiffs obtained a court order forcing VeriSign, our registry, to lock most of the domain names we have registered on behalf of our registrants.
    I figured that suggestion wouldn't matter as long as you're relying on another registrar to take the risks for you, especially if it's a .com we're talking about here.

    Unfortunately, zinneken, your question is unrealistic. Even if you register especially a .com domain name with a non-US based registrar, a US-based complainant can do what Dell did since the Registry's in Virginia...

    ...if they're smart and up to it, that is.

  13. #13
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    Apr 2004
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    Quote Originally Posted by Dave Zan View Post
    I initially thought of posting that. But after reading that Dell managed to legally lock out 3 registrars from VeriSign:

    http://www.domainnamenews.com/legal-...ocked-out/1351
    Exactly what I do not wish to happen. A big corporation shutting your domain down without you even being informed or having the ability to respond and defend yourself. Disgraceful!!

    And it is not only the case for .com's ... It is like the government that gets sued because they provide inhabitants town names, zip codes, street names and numbers. It is like a street that suddenly no longer exists while the houses and people are still living there!

    If only a petition would make the difference! Since ICANN obliges for the domain owner details to be public, no one should shut down a domain through the registrar unless the owner gets a court order.

  14. #14
    Quote Originally Posted by zinneken View Post
    no one should shut down a domain through the registrar unless the owner gets a court order.
    I certainly understand that. In the ideal world, most if not all registrars would surely love to adapt that position.

    In the real world, though, unfortunately there's mounting pressure for registrars to take action on such issues. I don't remember who at the top of my head, but one registrar was sued months ago for not shutting down a domain name allegedly for spamming.

    There are certain inherent risks in domain registrations, which don't necessarily have ways to get around. You just have to be aware and be ready to respond.

  15. #15
    Join Date
    Nov 2002
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    4,377
    VeriSign advised us that the plaintiffs obtained a court order forcing VeriSign, our registry, to lock most of the domain names we have registered on behalf of our registrants.
    BelgiumDomains is trying to pretend that they had real clients? My understanding is that they are one of the largest domain tasters & buying on their own account only. The Dell lawsuit targets domain tasters who move and keep trademarked domains forever through a series of shell companies so they don't get caught. http://tcattorney.typepad.com/anticy...ins/index.html

    Back to the original question, a DCMA 512 complaint will place liability on the receiving webhost or registrar. No host or registrar wants to be a defendant and fight for your rights over an $8 domain. If it looks legit they will drop the domain at the complaint stage.

  16. #16
    Join Date
    Apr 2004
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    36
    Quote Originally Posted by Techno View Post
    BelgiumDomains is trying to pretend that they had real clients? My understanding is that they are one of the largest domain tasters & buying on their own account only. The Dell lawsuit targets domain tasters who move and keep trademarked domains forever through a series of shell companies so they don't get caught. http://tcattorney.typepad.com/anticy...ins/index.html

    Back to the original question, a DCMA 512 complaint will place liability on the receiving webhost or registrar. No host or registrar wants to be a defendant and fight for your rights over an $8 domain. If it looks legit they will drop the domain at the complaint stage.
    I'm sorry to have to say, this is nonsense to me. The post office can't get sued because a postman is delivering (registered) mail. So why should a registrar be suable. They're nothing else then the providers of "letters" to your "mailbox" (like the postman) and "people" to your "front door" (like a GPS). People will still need to ring your bell and you'll still need to empty your letter box and open the envelopes and read the contents or sign for the registered mail, etc!! Do you sue TomTom because in your city there is 2 streets with the same name? Guess what, in domain land this is not possible since every domain name is unique!

    People who do something illegal may run from address to address, but sooner or later they'll get caught and when they get caught they get trialed = the gangsters that is, not the city in which they were caught! If a city knows there is a gangster in their vicinity, they'll do everything they can to catch the gangster and bring him to court. Then the court will decide if he is or is not a gangster, and in the former case what the punishment should be. The opposite sounds like Guantanamo! DCMA 512 should not exist, just like Guantanamo should not exist!

    And by the way, shouldn't every domain name have the correct details of the registrant (name of person, address, etc.) and shouldn't every domain name be purchase with a form of identification (credit card, wire transfer, etc.) ? So you always can find out quite easily who is behind a domain name.

    I rest my case, in the name of the lazy, badly intentioned and very powerful corporations, amen.

    (sorry for the rattling, but I feel very strongly about my domain name, and I don't want anything to happen with it, I'm sure it is the same for anyone who owns a domain name)

  17. #17
    Join Date
    Apr 2004
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    36
    Quote Originally Posted by Dave Zan View Post
    I certainly understand that. In the ideal world, most if not all registrars would surely love to adapt that position.

    In the real world, though, unfortunately there's mounting pressure for registrars to take action on such issues. I don't remember who at the top of my head, but one registrar was sued months ago for not shutting down a domain name allegedly for spamming.
    yup, sad, very sad. It shouldn't really.
    Quote Originally Posted by Dave Zan View Post
    There are certain inherent risks in domain registrations, which don't necessarily have ways to get around. You just have to be aware and be ready to respond.
    Back to the jungle book and survival of the fittest. It happens with belgian domains and next thing half the world is locked away ... Sad, very sad.

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