Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




21606 posts

Uber Geek

Trusted
Lifetime subscriber

# 106343 22-Jul-2012 22:43
Send private message

Before I was involved with the client I am referring to, she had a web developer who registered a .com domain in his name, instead of hers. For the last 10 years he has been charging her crazy fees to host and maintain the domain and I have decided enough is enough. 

The domain is actually her name .com and as such it should be no difficulty proving it's hers. The problem is her name or details don't appear anywhere. 

I figure a letter to an authority explaining the situation should resolve the issue but I am unsure who to send the letter from the client to? 

Anyone have any bright ideas?

View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2 | 3 | 4 | 5
15283 posts

Uber Geek


  # 660135 22-Jul-2012 22:49
Send private message

networkn: Before I was involved with the client I am referring to, she had a web developer who registered a .com domain in his name, instead of hers. For the last 10 years he has been charging her crazy fees to host and maintain the domain and I have decided enough is enough.?

The domain is actually her name .com and as such it should be no difficulty proving it's hers. The problem is her name or details don't appear anywhere.?

I figure a letter to an authority explaining the situation should resolve the issue but I am unsure who to send the letter from the client to??

Anyone have any bright ideas?


What do you mean by crazy fees?
Your client should contact the person who is charging them, to switch it into their name, that will be the easiest solution, and then get them to unlock it and generate a AUTH code. IMNADNE, but domains should not be registered in the name of the developer rather than the owner using that domain.



21606 posts

Uber Geek

Trusted
Lifetime subscriber

  # 660136 22-Jul-2012 22:52
Send private message

She has tried. He is claiming ownership. He has offered to "sell" it to her for a substantial fee or rent it annually. I would rather not disclose the value, but well beyond reasonable, seeing as one 1 dns entry is present which points to her web host.

 
 
 
 


19282 posts

Uber Geek
Inactive user


  # 660140 22-Jul-2012 22:55
Send private message

Can she register the .co.nz of the domain?

Maybe they might be able to show this person that she is now not that bothered about it and the price might drop after traffic stops hitting the .com site



21606 posts

Uber Geek

Trusted
Lifetime subscriber

  # 660142 22-Jul-2012 22:57
Send private message

Unfortunately we are well past all of those options.

3210 posts

Uber Geek

Subscriber

  # 660144 22-Jul-2012 22:58
Send private message

Is this developer in NZ?
That could make a difference as to what path to take to get it changed.



21606 posts

Uber Geek

Trusted
Lifetime subscriber

  # 660145 22-Jul-2012 22:58
Send private message

Was, has moved to the UK.

3512 posts

Uber Geek

Trusted

  # 660151 22-Jul-2012 23:09
Send private message

networkn: Was, has moved to the UK.


That makes it very difficult. It's not even worth pursuing through the centrally registry authority for a .com unless you want to spend 5 figures easy.

I'm not a legal expert but its probably best to get a NZ court to order him to transfer the ownership back. Even though it will be very difficult to enforce in the UK you may be able to get it sorted out in a way which means that should he return to NZ that he could be forced to transfer back + penalties which the risk alone could be incentive enough for him to do it.

It's scary the number of people who get domains registered in their developers names and incredibly seedy of the developer.

A .nz domain would be a different story.




Speedtest 2019-10-14


 
 
 
 


15283 posts

Uber Geek


  # 660156 22-Jul-2012 23:20
Send private message

networkn: She has tried. He is claiming ownership. He has offered to "sell" it to her for a substantial fee or rent it annually. I would rather not disclose the value, but well beyond reasonable, seeing as one 1 dns entry is present which points to her web host.


I don't think DNS entries are proof of ownership, even iof they are the only ones using the domain. Has she got it in writing that she owns it when she originally purchased it? Is t a generic name, or is it linked to their name or their business name. She could try the disputes tribunal, although not sure how that works if someone has moved overseas. .coms are tricky.

Has it been registered through a NZ reseller of .com domains, because if it has you could contact them about their domain dispute policies.

2399 posts

Uber Geek

Trusted

  # 660157 22-Jul-2012 23:21
Send private message

You could try. : http://www.wipo.int/amc/en/domains/gtld/

Which are like the NZ DNC (for .nz domains) for .com's.

Its the Place the NZ government got newzealand.com (different issue than your friend is having)




21606 posts

Uber Geek

Trusted
Lifetime subscriber

  # 660160 22-Jul-2012 23:28
Send private message

It's her actualname.com and she has the equivalent .co.nz domain, the dns points to the same web server as the .co.nz so I think we have a pretty good case.

I'll try the url above and see how I get on thanks.

15283 posts

Uber Geek


  # 660163 22-Jul-2012 23:31
Send private message

networkn: It's her actualname.com and she has the equivalent .co.nz domain, the dns points to the same web server as the .co.nz so I think we have a pretty good case.

I'll try the url above and see how I get on thanks.


In that case they should complain directly to the registrar that it is registered with, and see what they have to say. This is why anyone registering a domain should always be provided with their own control panel for managing the domain, as well as checking that it has been registered under their name.

3115 posts

Uber Geek

Trusted
Subscriber

  # 660179 23-Jul-2012 01:41
Send private message

For what it's worth, the UDRP will only work if the domain is a trademarked name. Otherwise, it's considered "first come first served" and so far as I know, the .com registry doesn't contain "good faith" provisions in the registration agreement, which means that your client has roughly a 0% chance of getting it back without getting the developer to play ball.

That said, if you can find an obscure clause in the original contract between the developer and your client which you can use to get a small claims order to return the domain, then you might be able to get such an order enforced by applying to the UK courts.

All in all, the important thing to remember is to never let a third party register names on your behalf - always do it yourself. Because the rules are that the owner is the name in WHOIS, not the one that asked for it in the first place.

15432 posts

Uber Geek

Trusted
Subscriber

  # 660221 23-Jul-2012 08:50
Send private message

So your developer registered it for you, but the domain name is the same as her name? So if she was Mary Smith the domains are marysmith.com and marysmith.co.nz? If it is I can't see any court making her give it up. If it was your name or your business name and they've effectively stolen from you that would be different.

This whole thread is a little confusing.

xpd

Chief Trash Bandit
10167 posts

Uber Geek

Mod Emeritus
Trusted
Lifetime subscriber

  # 660223 23-Jul-2012 08:56
Send private message

I see this so often these days, website designers etc putting up websites for clients but the domain and hosting are under the designers name.... some do it on purpose so they can hold the client to "ransom" almost, and charge them huge fee's. But yet some clients (when they find out) are too scared to ask to have it changed or dont understand the repercussions when they do want to move the site elsewhere that they can be stuck between a rock and a hard place.....




XPD / Gavin / DemiseNZ

 

Server : i5-3470s @ 3.50GHz  16GB RAM  Win 10 Pro    Workstation : Ryzen 5 3600 / 16GB DDR4 / RX580 4GB    Console : Xbox One

 

Now on BigPipe 100/100 and 2Talk               Add me on Steam


Mad Scientist
21250 posts

Uber Geek

Trusted
Lifetime subscriber

  # 660225 23-Jul-2012 09:01
Send private message

timmmay: So your developer registered it for you, but the domain name is the same as her name? So if she was Mary Smith the domains are marysmith.com and marysmith.co.nz? If it is I can't see any court making her give it up. If it was your name or your business name and they've effectively stolen from you that would be different.

This whole thread is a little confusing.


?huh who's confused?




Involuntary autocorrect in operation on mobile device. Apologies in advance.


 1 | 2 | 3 | 4 | 5
View this topic in a long page with up to 500 replies per page Create new topic



Twitter and LinkedIn »



Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Intel introduces cryogenic control chip to enable quantum computers
Posted 10-Dec-2019 21:32


Vodafone 5G service live in four cities
Posted 10-Dec-2019 08:30


Samsung Galaxy Fold now available in New Zealand
Posted 6-Dec-2019 00:01


NZ company oDocs awarded US$ 100,000 Dubai World Expo grant
Posted 5-Dec-2019 16:00


New Zealand Rugby Selects AWS-Powered Analytics for Deeper Game Insights
Posted 5-Dec-2019 11:33


IMAGR and Farro bring checkout-less supermarket shopping to New Zealand
Posted 5-Dec-2019 09:07


Wellington Airport becomes first 5G connected airport in the country
Posted 3-Dec-2019 08:42


MetService secures Al Jazeera as a new weather client
Posted 28-Nov-2019 09:40


NZ a top 10 connected nation with stage one of ultra-fast broadband roll-out completed
Posted 24-Nov-2019 14:15


Microsoft Translator understands te reo Māori
Posted 22-Nov-2019 08:46


Chorus to launch Hyperfibre service
Posted 18-Nov-2019 15:00


Microsoft launches first Experience Center worldwide for Asia Pacific in Singapore
Posted 13-Nov-2019 13:08


Disney+ comes to LG Smart TVs
Posted 13-Nov-2019 12:55


Spark launches new wireless broadband "Unplan Metro"
Posted 11-Nov-2019 08:19


Malwarebytes overhauls flagship product with new UI, faster engine and lighter footprint
Posted 6-Nov-2019 11:48



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.