Re: my domain has been stolen!

by MC Bennett <syren_song(at)yahoo.com>

 Date:  Mon, 29 Jul 2002 11:24:50 -0700 (PDT)
 To:  Ken Soule <websaver(at)adelphia.net>,
hwg-business(at)mail.hwg.org
 In-Reply-To:  hwg
  todo: View Thread, Original
I would suggest you contact an attorney. It sounds
like you could have some legal recourse if this has
any negative repercussions on your business, including
a potential recoup of any monies you may have lost due
to the domain name seizure.

In the meantime, request that they provide you with
copies of whatever bills they have sent you during the
past one (1) year (to cover any discrepancies they may
try to charge you for during the months preceding your
leaving them). Also, get together copies of whatever
original invoices they sent you during that same
period (and before if possible), as well as copies of
your credit card bills with any of their charges on
them, and a copy of the refund check/invoice/stub (or
whatever else they sent you along with the refund).
You'll need this for the attorney, as well as to
support your position that you don't owe them the
$11.00. 

I may be mistaken, but if they gave you a refund and
haven't sent you any bills since you received that
refund, they probably don't have a real claim that you
owe them anything. (If I'm wrong on any of this, Ivan
Hoffman or one of the other attorneys on this list
will probably chime in to correct me.)

I would also take a look at the contract you had with
this company. Does it state anywhere that they have
the right to confiscate your domain name and, if so,
under what circumstances. Again, you'll need a copy of
this for your attorney. 

Personally, it's up to you whether you pay them the
$11.00, but it might be considered later as an
admission that you owed them the money to begin with.
On the flip side, what's your website worth to you? Is
it worth an argument over $11? 

At the very least, check your contract with these
folks and see where you stand, then decide what it's
all worth to you. If you feel it's worth it if only on
pricipal, contact that lawyer asap. I don't know how
much business you are potentially losing while these
folks are holding your site "hostage", so that's
something you've got to weigh against the cost of
hiring a lawyer to (at the very least) write a letter
to them on your behalf to try to clear this up with
minimal hassle. 

An attorney may charge you $50-$100 or more for
composing and writing the letter, but again, it's up
to you to decide how much all the hassle is worth as
opposed to paying the $11 and swallowing your pride.

Just my opinion as an ex-legal secretary.

Michelle Bennett


--- Ken Soule <websaver(at)adelphia.net> wrote:
> Greetings,
> 
> Please respond to this email of list at
> websaver(at)adelphia.net
> as I am not able to receive mail at my domain!!!!!
> 
> Over months ago I closed my account with a major
> hosting company located in
> the Carolinas. They were over billing me and it took
> a few months but they
> credited my account. I relocated my domain,
> websaver.net, and my clients to
> another hosting company.  All has been well.
> 
> This morning, Sat July 27 I could not get to my
> domain or get email. I have
> found out that this company has taken my domain over
> in their name(whois
> database) and changed the dns. They now claim that I
> owe them $11.00. I have
> never been billed for this or even received any
> email about it.
> 
> My account with them has been closed for over 6
> months and the whole time it
> was active, they had my credit card account
> information on file and they
> billed as they wanted. They continued to bill me
> even after my account was
> closed but in the end they did issue a refund.
> 
>   How can they do this? What rights do I have and
> why do I pay for a domain
> registration if something like this can happen.
> 
> They claim that as a hosting customer the contact I
> had with them allows
> them to take my domain for non payment. 6 Months
> after the fact, this is
> absurd! What is to stop them for just making up an
> invoice at will and then
> taking my domain and selling it?
> 
> I have been involved with the Internet for over 7
> years and never thought
> this could happen!
> 
> H E L P ME,
> 
>                     Ken Soule
>     i-Net+ Certified Professional
>  >>>>------ WebSaver.net --------->
> 


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