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  1. #1
    ABW Ambassador
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    One of the registrars I pre-registered with has stolen my domain!!! :mad: This registrar had a first-come, first-served policy. If someone had already pre-registered for a domain that you wanted, it wouldn't let you sign up for the domain.

    Well, I must have been one of the first people to pre-register at this registrar b/c I was able to sign up for a bunch of domains. It turns out that the registrar was awarded 4 of the domains I pre-registered for, but the registrar only registered me for THREE domains. Why? Because they decided THEY wanted the other domain and registered it for themselves instead?!?!?! :mad: :mad: :mad:

    Needless to say this is a GOOD domain. The term gets almost 500,000 searches each month on Overture alone. I am usually really mild-mannered and I give everyone the benefit of the doubt, but I am really ticked. This domain could make me a LOT of money.

    I sent them an e-mail asking them to put the domain in my name. They said they reserved the domain for themselves (did NOT!) and that I should be happy because I got 3 other domains. Well, I'm NOT happy. I have an e-mail into them saying that it was first-come, first-served and if they wanted that domain they should have reserved it initially or at least before the actual registration was awarded and to put the domain in my name.

    Any suggestions on what I can do?

    Thanks.

    Kip :mad: [img]/infopop/emoticons/icon_frown.gif[/img] :mad:

  2. #2
    ABW Adviser Panel Dynamoo's Avatar
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    Firstly, go back and read the small print that you agreed to when you registered the name to see if they said that they reserved the right to do that.

    Secondly, name and shame them. I'm sure a lot of ABWers would have a very close look at their terms and conditions for you.

  3. #3
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    I've gone back and looked at the agreement and I don't think this is covered under it. They say that there is no guarantee of registration, but this isn't a normal circumstance. They appear to have acted in bad faith. The registrar is Galcomm.com.

    I received an e-mail from the guy there in response to my e-mail asking for the return of the domain and he basically says he's sorry for any misunderstanding or confusion I have had in their .US pre-registration process. The domain was registered on their internal behalf for their business.

    The process ISN'T that confusing or open to misunderstanding. If only one person could pre-regsiter a domain with that company and I was the person who pre-registered it and at NO time prior to the actual registration was I informed that the domain would not be registered on my behalf if they got it, shouldn't that make the domain mine?!?!

    Any help on this would be very much appreciated. Thanks.

    Kip

  4. #4
    ABW Ambassador Packy's Avatar
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    Kip, I have no advise for you but you need to name the company. That is slimey what they are doing. If you went to them to reserve a name and they didn't already have it reserved the name should be yours. All they are doing is stealing names from their customers. List the company here so we can shame the Sheet out of them like Dynamoo says and so we don't get robbed by them also. That really sucks.

    If thats the case, I will also add something on my webpage advising my visitors not to do business with them. <IMG src=http://www.abestweb.com/ubb/icons/icon8.gif>

  5. #5
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    Gameboy,
    Kip did name the registrar in his last post, Galcomm.com.

  6. #6
    ABW Veteran Student Heyder's Avatar
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    Contact icann and hopefully their liscense will be pulled.

    Do you have any proof that you did pre register for the domain like a receipt or anything?

  7. #7
    pph Expert! Gordon's Avatar
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    Kip
    You have my sympathy a similar thing happened to me.
    I recon Heyder says it best "contact ICCAN and hope they can do something". The way I see it when you reserved it it could not have been already reserved or it would not have shown up as available.

  8. #8
    ABW Adviser Panel Dynamoo's Avatar
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    Problem number one is that Galcomm.com - GAL Communications Ltd - is based is Israel and you are based in the US. This makes any action through legal channels difficult.

    (I host and register everything through the UK where I live, this means that I can take legal recourse more easily).

    I did some hunting around the internet, and came across this site: The Internet Challenge which challenges ICANN to do something about this kind of practice.

    Heyder's right, this looks like an issue for ICANN.

  9. #9
    ABW Ambassador Packy's Avatar
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    Wayne, thanks! <IMG src=http://www.abestweb.com/ubb/icons/icon7.gif> I was so ticked and in dis-belief that I missed it.

  10. #10
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    Thanks everyone. I will definitely look into that. I do have proof that I preregistered it, plus I have taken screen shots that show that the domain was pre-registered to my account and that show that no one else could have pre-registered it b/c it shows up as "already booked".

    I have another e-mail into the guy that basically says that he didn't reserve it first and he didn't notify me that it wasn't available for registration prior to the .us go live so he has no claim to it. I believe that the whole situation is basically stealing and that I want the domain put in my name immediately. I'll wait to see what he says.

    What ticks me off about this too is that if I had not happened to pull up the whois directory and check this domain I would never have known.

    My hope is that I'm scaring him with my persistence, but another part of me believes he's laughing all the way to the bank on this one.

    While I wait for his response, I will see what I need to do to file a complaint against him with ICANN. Even though he is in Israel, if I file suit here and the courts rule, the .us registry will have to abide the decision, correct? So he would lose the domain. I hope it doesn't come to that, but I want to be prepared in case it does.

    Thanks again,
    Kip

    PS to Wayne - I'm a gal. [img]/infopop/emoticons/icon_wink.gif[/img]

  11. #11
    ABW Veteran Student Heyder's Avatar
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    Kip as long as you have all that proof (very smart of you!!!) we will be looking forward to Galcomm.com being shut down. [img]/infopop/emoticons/icon_smile.gif[/img]

  12. #12
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    Kip,
    I don't know your case, but did you pay anything up front to register it? If so, I would think that it would be found in your favor...not for a refund, but that you actually paid for it when it was registered. I've run into situation when clients want to move over to us...their former host ran some type of offer 'Sign up for one year and domain registration is free'...then they move and the host won't release the name.

  13. #13
    ABW Ambassador
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    I just checked out ICANN. It turns out they do not get involved in customer complaints against registrars. They advise you to contact a private or governmental agency to help resolve the complaint (Can you say lawsuit? I knew you could.)

    ICANN does allow you to file a complaint against a registrar "in order to discern a trend", but doesn't do anything about it. They forward the complaint on to the registrar.

    I thought they would be a bit more proactive than that.

    Kip

  14. #14
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    I didn't pay to pre-register it, but I did give my credit card number to hold it in case I did get the domain so they could then register it immediately on my behalf.

    Kip

  15. #15
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    By no means am I a lawyer, but that *could* put a kink in things...they could say that you never paid for it, therefore it isn't yours. I will see what I can find out for you and see what can be done.

  16. #16
    ABW Ambassador
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    Thanks. Anything you can find out would be really appreciated. Personally, I don't think that "could" is too big a deal. Their whole purpose in pre-registering domains was to have people sign up and then pay them if the domain was able to be registered (i.e., they won the domain).

    They acted in bad faith by not holding up their end of the bargain which was I pre-register the domain and they register it for me if it gets awarded. They inserted themselves in the mix and put their self-interest ahead of mine when they had an implicit obligation to perform an action on my behalf.

    On a different note - I am writing an e-mail to the neustar.us people now. They are actually in charge of .us domains. Is there any way for me to find out if Galcomm (aka Communigal) is actually a US company. They are based in Israel and the WhoIs shows the domain owner as "GalComm Support". If they aren't a US business, then they aren't eligible for the domain.

    Kip

  17. #17
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    Deleted - I hit the send button twice. Duplicate message.

    [ 04-26-2002: Message edited by: Kip ]

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