1 & 1 - Liability

[Matt]

Ok folks. Welp, They've finally managed to completely screw everything up.

I had a domani with them, SummerWine.org - It was the wifes. Now, she has given this to everyone and signed up in multiple sites and such. Never had a website, was purely her email.

However, for the last month, we have been waiting for 1&1 to activate the domani, after they accidently "cancelled" it. Everytime I spoke with them, it was being resolved. Eventually, last week, they said it has been elevated to a senior manger to resolve.

Now, today, the domain expired and has been grabed by someone in Panama!

I believe they are liable, and am thinking of sueing out of principle.

Are they liable, and if so, what would be the amount?

Thanks to those that read and respond. Hopefully the local NP lawyer can advise.

Rgds & Pee'd off

Matt
p.s. Can I claim emotional damage as the wife has been bitching for about a month and a half about this?

 

[Peter]

I personally would say that yes they are liable but check their TOS see if they have covered anything like this in it.

I had alot of trouble with a site I had hosted with them last year vowed I will never use them again.

 

[WingFat]

I'm not a lawyer, but I think if you're going to sue someone in a situation like this you need to be able to show your actual loss. What is your actual loss here? Your wife set up an e-mail address and gave it away to a few friends? You did not even have a website set up. I suppose you could have it "professionally appraised" by someone who will put a value of $50,000 on it, but I don't know if that would float in court.

If it were me I'd be just as tee'd off as you of course. What I would do is put pressure on 1&1 to compensate me somehow. Tell them you had already invested resources into planning and creating marketing materials for that particular domain and this is a serious loss for you. Or something like that.

 

[primacomputer]

I think the courts have pretty well established that you can sue in cases like this and that some BS legalese in the TOS isn't going to get in your way. Look at the sex.com fiasco for a major precedent. I would definitely force the issue with them. In theory they could have to compensate you for getting a new name, redesigning the web site, reprinting stationary, updating your contact details, etc. I'd itemize it all, lay out out for them, and send them a bill. I'd even consider going to small claims if they refuse to settle up.

 

[Dave_Z]

Matt, you're better off consulting an attorney on this. If 1&1 says they will
defend themselves and you're willing to see it through, be ready for a fight.

Theoretically 1&1 is liable. But that's what their legal fine prints are for: to
state what they can and can't do. (or won't do...)

Who knows? They might settle, but they might also fight it out.

BTW, read their Terms and Conditions, especially under liability.

 

[Joey]

I'd consult somebody after thoroughly reviewing there TOS.

 

[netPH]

Matt, wait 3days or less... I knew these guys... they're "mining" and they delete the non-performing drops after. I'll monitor this for ya...

 

[WingFat]

Matt, wait 3days or less... I knew these guys... they're "mining" and they delete the non-performing drops after. I'll monitor this for ya...

If that's the case then maybe the poster should remove the domain from his original post... so it doesn't get any traffic.

 

[netPH]

If that's the case then maybe the poster should remove the domain from his original post... so it doesn't get any traffic.

:bingo: ...

 

[Matt]

Right.

the domain, as from 5.00am this morning, now belongs to a Panama Company.

1 & 1 are not liable, as in fairness to them, they sent 4 letter emails saying send the money, and we'll take it out of redemption and sort it out.

the problem is the person, alleged "friend" who said he would sort it 6 weeks ago, and basically hasnt.

He's also screwed over a good amte of mine who was working for him. Anyhows, DTI are now involved

thanks for the responses folks!.
As for the links, good luck to them. Not overly concerned, its the principle that really PSSES me off

Rgds
Matt
p.s. He is getting his come-uppance, however, I will say no more