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  1. #1
    Join Date
    May 2006
    Posts
    1,398

    * 1 and 1 Terminating for DMCA

    Another reason not to register domains with places like godaddy and 1and1. I have a client who will be losing ALL of his domains because of a DMCA complaint on one of his domains. They never sent him no warning or anything. Here is the email they sent, and on his account he has about 10 domains.

    Your account with 1and1 Internet In has been locked as of 2/27/2008.
    We
    received a Digital Millennium Copyright Act (DMCA) Infringement notice
    address to 1and1 Internet Inc. for the domain name xxxx.org. Your
    account has been set to Terminate on 3/27/2008.
    Please accept this email as notice of the 30 day termination policy.
    He called them, they say he will not be able to transfer any domain out. That he has to wait until they expire or are deleted from the registry which means never because the lowest traffic domain in that bunch was 150k on alexa. Others ranked up to 50k! He could put them on backorder at 100 different places and its a sure thing that some link farm will snatch it up - Ive seen it happen plenty of times before.

    Has anyone ever heard of a domain registrar doing this?

    Well, dont mean to put up some complaining post but figured this would be useful info for the community. If you value your domains which most of us do its not a good idea to register at places like this who just up and terminate accounts for little or no reason.


  2. #2
    Join Date
    Mar 2004
    Location
    Singapore
    Posts
    6,984
    I have never heard of that. I thought that normally even if a domain is terminated for DMCA offenses, the rest of the domains aren't affected. Maybe you can ask your client to call directly to 1 & 1, I don't think all should be affected.

  3. #3
    Join Date
    Aug 2004
    Location
    Australia
    Posts
    895
    1&1 cannot steal domains (legally).


    Tell him to ask 1&1 for the EPP codes for his domains (and unlock them) and then intiate a transfer from another registrar.

    If they don't comply they are violating ICANN regulations and he can take them to court for damages over the theft of the domains plus ICANN might bust them for violating regulation.


    Im not sure how DMCA works but I think they have to provide him with a copy of the complaint.
    I could tell you a joke about UDP. But I'm not sure you would get it!

  4. #4
    Join Date
    May 2006
    Posts
    1,398
    Yea, I been trying to help him get it sorted. It is the stupidest crap I ever heard in all my time. They never provided him with any warnings or copy of complaint, I made him doublecheck all his spam boxes and mail folders - nothing.

    We called again and talked to someone, they said we have to call someone tomorrow.

    From what they told him earlier on the phone, his account is simply being terminated and he cannot have access to it to get his domains.

    Ive seen godaddy do similar things, not with all domains on an account like this but Ive seen them TOS domains and let them expire/delete and then somehow magically some link farm ends up with it. I would bet those places have contracts with registrars, no bots could be that fast to snag up a domain.

    I guess we will see what happens tomorrow. I'm still in awe at this, its pretty dang ridiculous to say the least. But in general though. Ive never ever heard of a domain registrar terminating over a DMCA complaint. That really isnt even their responsibility as far as I know. First time I heard this.

    But still, this makes 1and1 a dangerous place to have domains, cause imagine if you had a popular domain, one of your enemies sent some dmca complaint and there goes your domain with no warning - its simply amazing
    Last edited by jon-f; 02-28-2008 at 12:20 AM.

  5. #5
    Join Date
    Jun 2007
    Location
    Chicago, IL, USA
    Posts
    1,235
    Yes, I moved 2 domains out of them! I HATE them with a passion. They triple charged me and said sorry for the inconvenience and it took so long to get it refunded.

    Goodluck, please let us know how it goes.

    Once again, I recommend Omnis.com
    RageTracks.com -- Discover the latest Electronic Dance Music

  6. #6
    Join Date
    Feb 2007
    Location
    Tampa, FL
    Posts
    803
    you can file a counter claim quick like and in a hurry, that gives the dmca autorization to re-enable your account within 10-14 days after your account is suspended, if it gets suspended, and unless the complaining party serves notice that it intends to seek a court order to restrain infringement then your account is legally allowed to stay open. If they don't file that notice then technically 1and1 is shutting you down because they don't like you, that's the only reason. Also if the content isn't removed from a domain and the complaining party does server notice that they are taking you to court then the files can remain there until the judgement at trial. If all the proper steps are followed at your end then 1 and 1 has no real beef in this at all or fault / liability. IF you choose to remove the content off of the domain and it's not the domain name itself that is the infringement, then when you go to court, it's more of a wups, my bad, i realized my mistake and you won't catch me doing it again kind of thing.
    Dave Parish
    (727)755-4033

  7. #7
    Join Date
    Feb 2006
    Location
    India
    Posts
    858
    DMCA is usually related to the content you are hosting not the domain. What is the subject of the website?

  8. #8
    now im worried. I use hostway for domain registrat. Whom should i switch it over to?

    v2

  9. #9
    Quote Originally Posted by felosi View Post
    That really isnt even their responsibility as far as I know.
    While no doubt many people believe "policing content" isn't a registrar's responsibility, this is what your client's host stated as one of their responsibilities that, unfortunately, s/he agreed with:

    http://order.1and1.com/xml/order/Gtc...op&__lf=Static

    2.1.7.
    1&1 may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the 1&1 Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all clamis you may have, now and forever, against 1&1 relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless 1&1 from and against any such claims.
    DMCAs generally don't apply to domain registrations except, say, in the scenario 1&1 described in that term of their service agreement. However, there's no law or ICANN policy banning a registrar from adopting such.

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