Advice: Domain Name taken away after 4 months

[domains13]

I purchased H-T-C.com through SnapNames back in October and it is with IYD as the registrar. I recently received an email from Snap stating that they spoke with IYD and the name should not have been auctioned in the first place. Then said they had to take the name away and issue a refund.

This only came about after I was trying to update my contact info for the name. I am pretty new to domaining and have never had something like this happen before. It is just really strange after owning the name for 4 months. I'd appreciate any advice you can give.

 

[drjeff]

I would think that if Snap names sold this name at auction in error, they may be liable to you for any expenses you have incurred, which could be more than the amount you paid in the Auction.

For example, you might have done some advertising, paid someone to develop a website, etc - I think Snapnames should be willing to reimburse you.

 

[domains13]

I didn't have any development costs, as it's just parked and was going to be a long-term investment.

Do I have any legal claim to the name?

 

[drjeff]

I am not a lawyer, but common sense says you should have some rights - perhaps Snapnames would be willing to offer a settlement payment to you for the error.

 

[domains13]

Thank you for your advice. I am still awaiting a reply from them. Hopefully it will work out in my favor.

 

[evertonian7uk]

I didn't have any development costs, as it's just parked and was going to be a long-term investment.

Do I have any legal claim to the name?

depending on your morals!!!!

you always have developer costs in a situation like this!!!

state your idea;s for the domain, tell them your costs, and what you;ve lost in there mistake.

now if your a good guy,

ask them for a refund and be on your way LOL!

 

[-NC-]

I think this came up recently. Check out this part of snapnames' terms and conditions:

Furthermore, you agree that we may suspend, cancel or transfer your domain name services in order to: (i) correct mistakes made by us, a registrar partner, or the registry in registering your chosen domain name

I don't think you'll be getting the name back, but a refund would be reasonable.

 

[flamewalker]

Thats unnerving... they must have auctioned a name that was still in redemption or something but 4 months is a long time to notice that error :S

 

[drjeff]

Originally Posted by https://www.snapnames.com/legal.jspFurthermore, you agree that we may suspend, cancel or transfer your domain name services in order to: (i) correct mistakes made by us, a registrar partner, or the registry in registering your chosen domain name
-----------------------------------------

It seems unfair and one-sided ; what if YOU made a mistake, didnt mean to bid, or made a "typo" when submitting the bid - you are stuck - whereas they can rectify and correct a mistake - even 4 months later.

 

[Dave_Z]

It seems unfair and one-sided

Service provider agreements are generally one-sided, mostly for the provider.
If SnapNames indeed issues a refund as agreed upon per the contract terms,
then one has to really figure out how one possibly has any legal claim after.

Some things seem unfair, depending where one stands.

 

[domains13]

Thank you guys for all the insight. I definitely understand their TOS leaves me without much leverage at all. They will be issuing a refund, so that's pretty much all they have to fulfill on their end.

It just really seems shady that this "error" was only discovered after I contacted IYD to update my Whois info... something just doesn't seem right about it. Guess there's not much I can do though.

 

[IAmAllanShore]

The lesson: When you win a domain with Snapnames - move the name to a new registrar as quickly as possible.

-Allan

 

[flamewalker]

Good point Allen... I will be doing that from now on

 

[co2]

Reclaim domains.

That sucks, so that means thay, SN can claim any domain back, even after 1 2 3 4 5 years.

I would not give it back, 4 months IMO is way to long, for them to ask for it back.

I would like to see them win that legal point. :td:

 

[Makis.TV]

this is another example of us being at lower position of the pyramid and pay for all the others and suffer their "mistakes" once in a while.

 

[Dave_Z]

That sucks, so that means thay, SN can claim any domain back, even after 1 2 3 4 5 years.

Well, if your domain name is still within their control, anyway.