AfterNic Problem

[johnn]

I have a name that listed on Afternic and it was sold on 9/4/04 (2-character name)

- The buyer paid for the name so afternic put the money in escrow.
- The name is at Moniker
- The buyer keep insist that I have to transfer the name to his account from another Registrar (instead of him create an account from Moniker so I can push)
- After waiting for 5 days and the buyer never response to either my mail or aftermic mail. Afternic suggest me to create an account from Monker and send the account info to the buyer. So I did.

- On the 09/15 the buyer said that I created the account witout his permission and he refused to use the account.
- On the 09/16 the name is GONE from the account that I created from Moniker - the password was also changed.
- On the 09/17 the buyer request a charge back from Afternic and as off today I don't know what the *uck I suppose to do:

- Afternic lost the money
- My Domain name is gone

??????????????????

 

[armstrong]

Under the enom system, a reseller account is able to create sub-accounts for his clients. No need to pretend you are someone you're not, or for signing an agreement in someone else's name.

Domain accounts are *not* bank accounts, which are heavily insured, regulated and covered by many federal, state, and international laws. Last I checked, my enom domain account is not insured, and certainly not directly addressed in current legislature. IANAL, so could be wrong here.

Could there have been a time when bank accounts were just as informal as domain accounts? I imagine so. When banking was new and not widely understood, I imagine anyone can open a bank account in someone else's name.

I'm sure that eventually the law will catch up with the internet. By that time, people will be more familiar with the internet, so there wouldn't be as much need for the handholding I describe above, and we could all do things the correct way.

And who gave you the right to access their account once you have sent someone money to be put in their bank account?!

In my case, enom did, to reduce the support requirements on their end. Domains are not money, which is completely untraceable. Once stolen, there is a way to get a domain back, specially if it is still at the same registrar.

 

[wlspro]

I am not sure how you setup the new accounts with eNom which bypasses an agreement requirement under their terms. I also don’t see where eNom resellers are allowed to pretend they are the end-users and enter into contracts on their behalf.

To setup a new account (https://www.enom.com/NewAccount.asp?page=) you have to respond to:

"I have read, understood, and agree to the full terms and conditions. Accept - Decline"

Here the “I” refers to the account holder. By clicking on the "Accept" and then filling out the Buyer's info you are stating that you are the buyer, and that as the buyer you have read and accept the terms and conditions. The simple question is are you the buyer ie the new account holder? Has the buyer read and accepted the terms? Can you tell eNom the Buyer has read and accepted the terms when he in fact has not?

An agreement is an agreement - it does not have to be regulated by the government to be valid. If one party of an agreement is misrepresenting itself as being another party and agreeing to terms and conditions on behalf of the other party (even without their knowledge) it is improper at best and illegal at worse.

 

[armstrong]

Within one's enom reseller account, one can click a button to setup a sub-account. Enter client details, click another button to 'send login details to client', and you're good to go.

An agreement is an agreement - it does not have to be regulated by the government to be valid. If one party of an agreement is misrepresenting itself as being another party and agreeing to terms and conditions on behalf of the other party (even without their knowledge) it is improper at best and illegal at worse.

Would it be illegal to setup a yahoo account for my dear old invalid grandma? How about for my 6-year-old nephew? Where I am, I can open a bank account for either of the above, as long as I mark it 'IN TRUST FOR'. How is my opening enom accounts for others so different?

 

[onspec]

Although Afternic's eCheck has yet to clear, but I'm sure all will go smoothly.

Good luck with the resolution. Afternic's management are straight shooters.

Check cleared just in time for the long weekend. Time to party!!

 

[Riceman]

Check cleared just in time for the long weekend. Time to party!!

don't spend it all in one place.

 

[jberryhill]

What exactly is improper about this?

As long as it is done by well-motivated people such as yourself, I wouldn't call it "improper". But that approach makes me a little queasy for the reasons noted by wlspro, and a few others.

Yes, buyers who don't know how to take control of a domain name are a royal pain in the nether anatomy. But if, after the sale, you retain some iota of control over that domain name, and then if something goes wrong - a missed renewal or some kind of registrar error - then it is a sure bet that you will be held responsible by that incompetent buyer for having done "something" to make him/her unable to eventually exercise exclusive control over that domain name.

Given the level of sleaze and ineptitude that permeates this business, you need to keep yourself squeaky clean to live long and prosper.

 

[wlspro]

I would never keep a key that would give me access to a car I have sold. Nor a key to a house I have sold, nor the password for accessing a domain name account I have sold. It simply exposes me to whatever goes wrong.

Yes I think it is "improper" to keep a key that gives access to a property delivered and a transaction concluded - unless a very clear agreement has been reached which first gives notification to the buyer and second gets his waiver of any liability associated with future my actions. I would still stay away from such access as the Buyer's waiver can still be subject to interpretation which may not relieve me from future headaches.

Best sell the car (or domain name) “as is” , deliver all keys (abandon access) and get it over with.

 

[jberryhill]

I would never keep a key that would give me access to a car I have sold. Nor a key to a house I have sold,

That's a great analogy that captures the issue in a nutshell. If someone goes into that house and steals things, and the buyer finds out you have kept a key, then you are going to be a suspect.

 

[Caveman]

What fool in his right mind would not change the "key" (read password) on a new "home" (read registrar account)? Every house I've ever purchased, building I've ever leased etc. the very first thing I do is have all the locks changed.

 

[onspec]

don't spend it all in one place.

Sage advice. I'll keep that in mind while sitting by a roaring fire with about 200 other whackos at Mt. Tremblant this weekend.

Cheers. 8^X

 

[jberryhill]

What fool in his right mind would not change the "key" (read password) on a new "home" (read registrar account)?

Precisely the type of fool who would then turn around and blame you if it was burglarized. It's the fools you have to watch out for.

 

[armstrong]

Every house I've ever purchased, building I've ever leased etc. the very first thing I do is have all the locks changed.

After you change the locks, no one but you can access your house.

But after you change a domain's account password, there remain many people with theoretical access to the domain:

- Employees at your registry.
- Employees at your registrar.
- Your email provider. (They can look at your emails, if they so wanted.)

But the beauty with tech is that any actions made regarding your domain is probably logged, as would mine as the upline of my sub-accounts. Also, any changes made are all ultimately reversible.

 

[Caveman]

Precisely the type of fool who would then turn around and blame you if it was burglarized. It's the fools you have to watch out for.

LOL Point well taken.