Albert Wesker
Established Member
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What is the domain name?
Well, that's OK. What would you like from us by posting this here publicly, if you have already contacted NameSilo privately?I sent those details privately and the ticket number to @namesilo and @Kristaps @ NameSilo. I prefer not to post my ticket number, domain name or information on a public thread if that's okay with you.
Well, that's OK. What would you like from us by posting this here publicly, if you have already contacted NameSilo privately?
With legal teams at registrars only serious legal action will make a difference. Hire an attorney RIGHT NOW and start legal proceedings in court against NameSilo and it's owners. Do not wait anymore. I know many that have gone through this with registrars. Their domain is not a TM, but on their site, some user posted content, usually from some movie and the next thing you know the domain is disabled because the attorneys decided not to use the regular DMCA form but contact the host, upstream providers and registrar.
When you get the name back, move it to Godaddy. They deal with this more often and respect the law but have more experience with this.
If the legal team that got your name disabled violated the DMCA process, you have grounds for a lawsuit.
If Namesilo did not contact you before doing this, and your story is as innocent as you posted, they deserve to go out of business.
Wonder if it is a .org domain domain - if it's the one I looked up then it is a blatant TM - if not then........
If it's a TM dispute the only way they can do this if ICANN have been in touch and said there is an ongoing UDRP dispute?
And if this was the case you would of received some kind of notification about it......They even state on Namesilo's website that they will not consider TM abuse complaints unless ICANN have been in touch.....
"We are also not a shortcut around due process. We are not an arbiter of trademark, copyright, intellectual property, etc. disputes. There are established processes in place for dealing with many common disputes, but we are not to be used as a shortcut around those processes."
They can't deal with DMCA complaints as they are a registrar and not the website host so should forward any complaints to the owner anyway.....
That's messed up, it clearly states they can't deal with any direct complaints from organisation on their abuse page - ask them if they have received any official notice, if they have not then they can't do this, if they have ask for the details.......It's a .com, a good quality .com domain.
I'm 99.9% sure it's not an ICANN complaint or TM dispute. We have received no contact regarding such a dispute. As a reminder, we have owned this domain for 10+ years.
That's the only thing I can speculate. According to the live chat team, if abuse receives a complaint, they can deactivate your domain. As far as I have been told up to this point by their team:
The chat support with limited access has said the following:
Yes, we have. Our team has to do due diligence manually therefore it might take some time for them to respond to you.
The domain has been deactivated on the ground of a breach of our terms and conditions.
Trademark
That's messed up, it clearly states they can't deal with any direct complaints from organisation on their abuse page - ask them if they have received any official notice, if they have not then they can't do this, if they have ask for the details.......
GL
Happy to see this.This issue is resolved.
Eventually you'll get ahold of a reasonable agent in live chat at Namesilo and they'll fix the issue.
You can lock this thread.
Happy to see this.
Is the issue specifically related to Trademarks or just a general violation of their T&Cs?
If it's related to trademarks, then NameSilo misbehaved 'cause they don't have the authority to make decisions related to trademarks. That's what UDRP is for.
Also, they violated their own T&Cs by failing to inform you of the issue and NOT giving you the 72 hours window to fix the issue.
Best thing you can do right now is to move your domain names out of the registrar. It makes no sense to suddenly deactivate a domain name with an active website on it without any notification or warning.
It's bad practice. Leave them.
Finally if you can afford it, sue them for damages.
Why didn't you first contact the registrant, in this case?We have also added an exception to this domain and will forward future reports based on our conversation with the registrant.
Might be that the person that wanted the site taken down because of the content, posted the phishing link because they know hosts and registrars take different action on those.Just to clarify the matter here for the rest of the community - the reason for the takedown in this particular case is because we received a phishing and trademark abuse claim pertaining to this domain name. Phishing abuse is against our T&Cs so our abuse team took action. We have since worked with the registrant to remove the infringing content and re-activated the domain name. We have also added an exception to this domain and will forward future reports based on our conversation with the registrant.
Might be that the person that wanted the site taken down because of the content, posted the phishing link because they know hosts and registrars take different action on those.
Basically now anyone can take any domain down that hosts an area that users can post by simply posting a phishing link.
This is how scammers get pages removed from google too.