AVOID GoDaddy hosting company they will shut down all your sites if even one Trademark claim is made

[xynames]

I am helping a client with this right now. The below is posted publicly with his consent because he wants the world to know what kind of hosting company and registrar GoDaddy is.

• Client has about thirty websites hosted on GoDaddy's "Ultimate" shared server plan, PREPAID FOR THE NEXT FIVE YEARS

• Client has been with GoDaddy FIFTEEN YEARS never had any problems

• About a week ago, client received an email from GoDaddy [email protected] stating that there had been a Trademark Infringement claim made on just ONE website of his, the contents of which had been hosted unchanged for TWO AND HALF YEARS with no prior complaint - and that "we have suspended this hosting account" and that they had "terminate[d] your use of our hosting services for this website."

• Client contacted GoDaddy by phone, everyone he called told him that if he emailed back [email protected] and simply stated that he would disable the content on that ONE website, which he did by changing the nameservers on that one domain to make the website just a parked page with no content, that the hosting would be reinstated.

• The guy at [email protected]
D Preston
Trademark & Copyright Claims Manager
Go Daddy Operating Company, LLC
wrote back to my client and said that not only would he not reinstate the hosting, even if client disabled the content on the one website, but that also he would not allow the client access to any of his data or databases on the hosting account.

GoDaddy claims that client is required by the "hosting agreement to maintain a full backup of your files at all times. You can review the entire agreement here: http://www.godaddy.com/agreements/showdoc.aspx?pageid=HOSTING_SA
"
but this applies to cases to "(1) prevent any loss or damage to your website or server content" --- it does not apply to situations where GoDaddy simply shuts down the hosting! In other words, a GoDaddy client may be responsible for outside issues that result in data damage or loss, but there has been no loss or damage to the website or server content, the data is all there, GoDaddy is simply preventing client from accessing it. Additionally, GoDaddy may not CREATE the data loss and then hold the client responsible for not backing it up!

Client in fact does have backups of most of the html / css / php type data on his websites, but does not have backups of the blogs and forums he had created on some of the websites. Imagine for example losing the namepros forum database, such that all you had left was the bare html content of the website and not the forum itself. Or losing a blog.

Client is not even asking for the data from the one website where the alleged trademark infringement occurred, he is asking for the data from the other thirty some websites that are not the subject of any complaint. The data “lost” is not the data that is the subject of this trademark claim.

• Client, at my direction, then made a Counter Notice pursuant to GoDaddy's policies here
https://www.godaddy.com/agreements/showdoc?pageid=TRADMARK_COPY
which state that
"1. Counter Notification. If you have received a notice of copyright or trademark infringement that you wish to challenge based on a a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing [email protected] or [email protected]

…

“Upon receipt of a Counter Notification as described in Section 1 above, GoDaddy shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. GoDaddy will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless GoDaddy first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on GoDaddy's system or network.”

but GoDaddy refused to pass along the Counter Notice to the party that had made the Trademark Infringement claim.

• Client UNlocked about a dozen of his domains and tried to move them out of GoDaddy, but because the authorization codes are being sent the cPanel email accounts that are suspended, he cannot receive the authorization codes and cannot move the domains out of GoDaddy.

At my direction, client has made an ICANN complaint that GoDaddy is not allowing him to transfer his domains out.

• GoDaddy continues to refuse to allow the client access to any of his data or databases on the websites, refuses to reinstate his hosting, refused to give him access to the cPanel email addresses to receive the authorization codes to move out domains, and so far has even refused to refund him the money that he prepaid for the next five years for the hosting plan.

 

[xynames]

Someone messaged me this week that this had happened to him too recently at GoDaddy - hosting shut down after trademark claim made with no opportunity for redress. (In that case the person who emailed me says that he removed the alleged copyright infringing material from his website immediately, but still GoDaddy proceeded to shut down all his hosting and refuse to turn over his data files to him.)

As an update to this matter, as far as GoDaddy: GoDaddy refused to consider any kind of due process, refused to pass along a DMCA counter notice, refused to return any of the data from the hosting account to the client. All GoDaddy eventually did is refund most or maybe all (was hard to confirm exactly) of the prepaid in advance hosting fees that had not been used up. Also GoDaddy did allow the movement out of the account of all of the domains being held including the one in question with the TM claim. All this happened in 2018.

All of the websites for these domains (about a dozen domains) including the one for which a TM claim was made were moved to a new host in 2018/2019, and using a combination of what back up files were available and re-creating what was not available, the sites were put back up same as they were before.

This new host was not, as I recall, one of those listed as being "DMCA friendly" - that is, a host that ignores DMCA claims, but it is a host that is not in the United States.

Interestingly, in 2021, a trademark claim was made against one of these sites, NOT the same one as was made in 2018, at GoDaddy, a different site, on the basis of the domain name or contents, BUT the difference this time, was that after some email exchange back and forth, the new host recognized that they had to pass along a DMCA counter notification letter as defined in 17 USC 512(g)(3) and when the entity failed to respond, the hosting was reinstated and all sites were made live again (I understand that there was a period of a few weeks when the sites were down) and all sites continue unmolested today.

So the difference there is that a legitimate hosting company will pass along a counter notice and will follow the law and reinstate the hosting and the websites if the trademark violation claimant does not respond to the counter notice.

 

[golan]

The more publicity for the cases like this, the sooner the public will learn: no hosting at registrars. Only use hosting companies for hosting.

Ah, and of course, never use GD for any of your business. Whenever i get a domain at GD and want to develop it, i wait for transfer lock out and only when i get the domain somewhere else i know i'm safe to develop the site.

 

[NYJimbo]

This isnt just Godaddy. Most of the giant hosting companies have huge terms of service contracts you agree to and they have all sorts of "outs" and protections for THEM, not you. The biggest issue that people do not pay attention to is their own DATA. These companies can and will terminate your services and leave you with NOTHING unless you have made and retain remote backups somewhere. If do you not know how to or can't, you could be dead without a byte of your data and Godaddy can just wave their TOS in your face and walk away.

I have been doing hosting for more than 20 years and hosted thousands of sites and both hosting services like GD and on my own servers. ALL of these companies providing anything, both hosting or connectivity to your own servers, can shut you down and leave you empty. Its all in their 25 page TOS that nobody has ever read.

 

[wwwweb]

I am dealing with a situation with Godaddy right now where a domain was removed from my account, privacy cancelled, domain moved into their repossessed department without any notification, or due cause.

I purchased the domain about 4 months ago from undeveloped. Domain was pushed, and it sat in my account simply parked on a lander without any ppc links. I could have easily moved it out prior to another register where they could not have had any access to it. The issue seems to be with the previous owner, and owing them money, even though I now own it, they felt their over reach to go into my account, to resolve another parties debt was unwarranted. They are now asking for about $3xx for the domain back, and are unable to give any information on why, what, or when the issue is with it. Simply that I pay this amount if I want it back. I do have an account rep who has limited power to work with my guess Joe Styler. I was asked to email this department, and wait 72 hours for a response to which none came, I emailed my rep a week later letting them know nobody responded. He said they told him they emailed me, which they didn't, and the approx $3xx they wanted to return the domain. He said he will work on it, this was a few days ago, haven't heard anything back, but I am seeing many cases around namepros where accounts are being suspended, things are being terminated without any due cause to the registrants, or owners. This is alarming, to say the least.

I think Godaddy makes more money from the domains we lose, than we win, in terms of having the power of all these bidders out bidding each other on their platforms, with every bid, win, or lose godaddy is a business that needs masses of clients which help run their entire eco system.

My natural instinct now with any domain I purchase is to move it out of Godaddy, because if they feel like it, they can just take it without any notice, or due cause, this is not limited to me, but anyone of us. I don't have an answer to this, how I can be expected to settle someone else's debt to which they processed payment months ago, and from what I am guessing it came back at them? They need to go after that person in collections like any other business.

 

[Daniel Owens]

At my direction, client has made an ICANN complaint that GoDaddy is not allowing him to transfer his domains out.

• GoDaddy continues to refuse to allow the client access to any of his data or databases on the websites, refuses to reinstate his hosting, refused to give him access to the cPanel email addresses to receive the authorization codes to move out domains, and so far has even refused to refund him the money that he prepaid for the next five years for the hosting plan.

Did godaddy at least offer a partial refund on the hosting?

 

[Bob Hawkes]

I really hope your client gets acceptable relief @xynames. Thank you for providing detail of case. The aspects I find troubling are..

• The point of allowing an easy process for parties to complain to registrars/hosting providers (rather than go the court route at outset) should in my opinion be to secure a rapid, inexpensive resolution without undue burden. Your client's response of switching that site to simple parking achieved that. Going beyond that to effectively disable all other websites seems unwarranted, particularly for long term customer.
• Except in cases involving imminent serious harm, in general it seems an established legal principle that sufficient notice must be given in business matters. If in GoDaddy's view they no longer wish to offer services to the client, notice should be given and time allowed for efficiently moving them to another provider.

Please keep us updated and while realizing they can't comment on public forum on specific cases I hope GoDaddy will respond to the broad issues raised (@Joe Styler).

Bob

 

[MapleDots]

*Update*

How GoDaddy is able to justify denying access to the data and hosting, and not refunding the prepaid portion of the hosting, is beyond comprehension.

Social media has often brought big companies into compliance. You've done everything right so far and continue to do just what you are doing by posting the facts on namepros. Now post it on other social media platforms and before you know it a representative from godaddy will appear and fix things up.

You did leave out an important detail though....

How bad was the trademark infringement? Did it put godaddy as a company at risk?

It is somehow quite unbelievable that the company would become that defensive for just a standard trademark issue. Usually warnings or takedown notices are indicated before such drastic action is take.

Very interesting situation, I know I will be following this topic very closely to see how it develops. I have over 500 domains sitting at godaddy and the idea of having the domains locked for any reason is troubling to say the least.

Then again... with the whole gab situation one can see that godaddy is not a company that takes unnecessary risks. I would suggest Epik as a registrar if anything is at risk because Rob has shown himself to be very approachable.

@Epik.com

 

[offthehandle]

Based on what has been posted, it certainly is troubling that your customers data is being held hostage. Perhaps there is more to the story that you, your customer or GD cannot divulge which is understandable for all involved. Additionally any legalities involved, but since you are a lawyer as well, that makes it even more disturbing as I assume you could have made a letter demand direct to the decision maker at GD and never had to post anything here.

Big Corporations of this size and power once successful become increasingly insensitive to problems, internally the corporate culture morphs into a hands off approach when it changes and lack the personal problem solving skills that smaller companies offer.

I have noticed a trend lately that once many of these companies has done something a domainer disagrees with or points out, the domainer trys to handle it one on one and try and contact the company in question to fix it and then cannot so out of frustration have to publically post here. That isn’t good for PR, but after growth to a certain size the internal stakeholders or “take charge” people willing to step in and fix things likely get promoted and disappear. So dealing with large companies becomes nearly impossible without being able to find somebody with authority who can make a quick decision (without needing 12 management and legal signatures up the food chain) to statisfy the customer. But this is the same across most all large corporation in most industries.

I have had mixed experience with GD. They have some really nice and friendly people and they try to be helpful. But pushing names out, multiple problems, multiple times, removed most now. The hosting is slow, so removed and cancelled. What I find though the employees on the phones seem to have no authority and always need to get consultations and some “invisible” departmental approvals.

Yet at least the small companies like Epik and NameSilo are responsive and have interest in our business.

For example, I have used the same small host company for 20 years, always great, prompt and accurate service but they were bought out a few years ago by a large public holding company. Unfortunately, with growth or cutbacks recently in the past year they have really changed with seemingly lesser qualified newbies answering the phone and the smarter employees of the past are no longer there, tech support is robotic like scripted with lesser qualified people, slower server operations, etc. I requested a site move that they botched up, now getting phantom invoices for domain renewals I moved over a year ago, removed the “cancel” service button so you have to call instead, etc. etc. The painful need to move to a new host will probably occur soon.

I have recently upgraded one large 300,000 file site and have had good experience with Namecheap hosting, good chat support service, problems resolved, up time and server speed better than my other sites.

I hope this gets resolved with your customers data/property returned soon.

 

[xynames]

Because he repeatedly mentioned there is problem with just one website. So I guess client has more websites on his GoDaddy account. As his GoDaddy hosting suspended currently other website will also be offline. Cpanel is not accessible. So he won't be able to transfer out the names. He can push to other GoDaddy account and then will have option to set nameserver . So he will also be able to host the site on any other hosting provider as well.

Client wants to transfer out the names to be done with GoDaddy.

Client has ability to change name servers and all his sites are back up (except the one that was the subject of the alleged TM infringement client has chosen to leave that one down and only parked for now) under a different company’s hosting (also except for his forums and blogs since he is still lacking this data and GoDaddy still refuses to give him access to his data). NameServers are changed via domain DNS. On a GoDaddy account (or any account) hosting is separate from DNS control which DNS has to do with where the domain is registered not where it is hosted.

Client did have backups of almost all of his html / css / php etc. data. Did not have backups of the sql etc databases needed to restore his forums and blogs.

Niraj is trying to be helpful but is missing the point.

 

[xynames]

*Update*

GoDaddy so far is still refusing to allow any access to the data, or any refund for the five years that the hosting has been prepaid, but they did email client a spreadsheet that contains all the authorization codes for the domains in the account, and transfer out of the domains has already begun.

Would not have even gotten this far without raising a stink. GoDaddy appears to be a very stubborn and unfair company.

How GoDaddy is able to justify suspending the hosting and denying access to the data, and not refunding the prepaid portion of the hosting, is beyond comprehension.

 

[xynames]

*Update*

Managed to convince GoDaddy to refund the prepaid portion of the hosting / business email. Also after further protest, GD backed down from the absurd offer of "store credit" but then refunded directly to the original form of payment, which apparently was years ago on credit card accounts that from what I understand have long since been either closed or the account numbers changed.

To client's surprise, so far he has received three checks from one of his old credit card companies obviously for refunds that came in from GoDaddy.

What is frustrating is that there is no clear statement from GD as to exactly HOW MUCH will be refunded, or to exactly what credit card etc. the refunds were sent. The person pulling the strings at GD is hiding behind a curtain of email contact only, and only via a general email address to the "Office of the CEO" of GD. Obviously doesn't want to deal with irate customers screaming at him, we can't be the only ones.

Still nothing but stony silence as far as getting back any of the blog / forum data from GoDaddy. At some point obviously they are going to claim that it has been deleted. Well, at least all websites are back up and running (including the one that was the subject of the TM claim ), and the blogs and forums are slowly being rebuilt with help from waybackmachine archives.

Moral of the story: Avoid GoDaddy at all costs!

 

[xynames]

Update is that they refunded most of the money client had prepaid for the hosting but one portion they claim that they issued a GoDaddy check but client never received.

As far as the data GD still refuses to turn any of it over to client and client lost all his WordPress blogs and forums. Client is considering arbitration after making some attorney general and other outside agency complaints against GoDaddy.

 

[Sarah Frank]

Yet at least the small companies like Epik and NameSilo are responsive and have interest in our business.

At Epik we are very responsive and believe in following due process. We call ourselves the Swiss Bank of Domains because we duplicate what the private banking system in Switzerland does: when we receive a serious complaint (TM or not) we consult with our client first before moving forward. No one likes being thrown under a bus and we understand that. While we've received some backlash with recent events, our customers are whats most important and we will go that extra mile to help out.

It pained me to read this thread because even I dispise circling the drain when I have an issue. Please know that Epik is truly epic. We provide legendary customer support and always answer the phone. Even our CEO answers the phone, not sure anyone else can say that.

 

[Niraj Kumar]

He can create another GoDaddy account.

Then can change the cpanel email to Gmail in account details of domains.(optional step if he wants auth code as well but it won't be required as he can simply push the name to other GoDaddy account)
If he changes the email this will put 60 days transfer lock but he will be able to push to other GoDaddy account.

I hope it will help.

 

[xeroox]

Godaddy hosting is a joke, i can't really understand why people keep using them

 

[xynames]

Keep in mind that the original email from GoDaddy stated "we are not able to make legal determinations as to who is right or wrong in an infringement claim" AND YET, GoDaddy is refusing to accept or pass along a counter notice, in violation of it's own policies that state that when a trademark infringement claim is made, and client makes a counter notice, that "GoDaddy shall promptly provide the Complaining Party with a copy of the Counter Notification." https://www.godaddy.com/agreements/showdoc?pageid=TRADMARK_COPY

If it's not about who is right or wrong, how does GD justify not allowing the client to defend himself?

In any case, at this point client just wants his data from the websites that are not the subject of any claim, and a refund while heading out the door. Seems fair and reasonable.

 

[xynames]

* Update *

After an outside agency complaint that I directed client to make, GoDaddy has come back and offered a refund for the unused (prepaid for the next five years) portion of the hosting and email accounts, if the client will cancel these.

Client is afraid, rightly so, to cancel these before getting his data. But in any case the refund should date from the moment that hosting was suspended, couple weeks ago.

I directed client through a combination of backups that he had and pulling bits and pieces off waybackmachine archives, to get all his sites back up. So, through no help and even receiving no data from GoDaddy, he was able to manage. All sites are now back up 100% EXCEPT that still missing a total of nine blogs and forums because GoDaddy is still refusing to let him have the data from his hosting account.

At this point, if GoDaddy will return the database data from just these blogs and forums this matter will be resolved.

 

[xynames]

The nonsense continues. GoDaddy issued store credit for the unused portion of the hosting and email accounts (three additional years prepaid) - the deal was for a REFUND - client paid cash he should get cash back.

Like he’d ever want to do business with GoDaddy again? And what good is store credit when he’s been suspended from hosting at GoDaddy and has been fighting to transfer his domains away from GoDaddy?

Granting store credit is illusory consideration for the settlement - like Disneyland dollars for someone who has been banned from Disneyland. What a JOKE of a company this GoDaddy is.

The fight continues for a cash refund, and the return of the data.

 

[xynames]

Agreed that the giants are inevitable. But storing valuable domains at GDaddy or using their hosting, sounds good in theory. Until you’re bitten by the GD snake!

 

[MasterOfMyDomains]

He can buy 6 months or more hosting on new GoDaddy account. And can push all the names to that account. So , at least he will be able to host other websites. And in the meantime he can sort the things on the primary account.

He won't be able to transfer out as for it he will need auth code which is going to cpanel email and cpanel email is not accessible.Only way to get auth code is to change cpanel email to other email but that will put 60 days lock so he won't be able to transfer out even after getting auth code .

Why would he even take a chance hosting names at godaddy that just got suspended by godaddy? That wouldn’t be very bright thing Xynames is smart and will kick daddy’s ass
Thanks for sharing this info, sorry your buddy got hosed, by godaddy sucks so bad they should start producing vacuum’s

 

[carob]

*they did email client a spreadsheet that contains all the authorization codes for the domains in the account, and transfer out of the domains has already begun.

For info and future use, if you are the registrant you do not need acesss to the account to transfer out. The registrant has an absolute right as per ICANN to transfer out - you just contact the registrar and demand transfer out - I have seen it done, you just need to quote ICANN policy and identify yourself if they ask you to. https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en

https://forms.icann.org/en/resources/compliance/complaints/transfer/form

Also for info, if you are an EU citizen or resident, the GDPR gives you the right to see, correct, and export your data, at no cost: https://uk.godaddy.com/help/gdpr-privacy-features-for-eu-residents-27883

 

[MapleDots]

I wonder why this thread at WHT has been removed to restricted area, not accessible to regular members?

I had a few topics about registrars and namepros moves them to reviews to keep them out of sight. The topics there do not trend on the main board and therefore probably keeps the sponsors happy.

I know when I opened the epic topic it was the hottest one on the board and it never appeared on the popular list or on the top topic list. So even though it was not a review it was moved to that forum.

So namepros is doing what they have too, the topics tend to stay out of sight and I suppose they have to do that because would you sponsor a website where people were leaving negative reviews.

 

[xynames]

It obviously wasn't bad at all, in that the website was moved to a different host and remains up to this day, unmolested, over a year later!

In any case you don't shut down an entire hosting AND retain all the data AND not refund in full for the hosting that was prepaid because of an allegation on one website. Which additionally, in this case GD refused to pass along the Counter Notification that the client submitted, objecting to the trademark infringement claim. In this case GDiddy acted as judge, jury and executioner...without a trial.

 

[webengine]

The nonsense continues. GoDaddy issued store credit for the unused portion of the hosting and email accounts (three additional years prepaid) - the deal was for a REFUND - client paid cash he should get cash back.

Like he’d ever want to do business with GoDaddy again? And what good is store credit when he’s been suspended from hosting at GoDaddy and has been fighting to transfer his domains away from GoDaddy?

Granting store credit is illusory consideration for the settlement - like Disneyland dollars for someone who has been banned from Disneyland. What a JOKE of a company this GoDaddy is.

The fight continues for a cash refund, and the return of the data.

thats why i like Paying month to month in case an issue arises!! best of luck man i been there!!