Domain problem, please help!

[RstredS]

Earlier in the year i brought a hosting package through a company which included the sale of the domain name. Unfortunately this company "disapeered" which left me with no site, getting a new host wasnt a problem but getting control of the domain is.

The domain was registered in his name through a reseller, and now points to another reseller. Im trying to get full access or just get the namservers changed to that of the new host.

I have no contact with the guy that registered it, what can i do?

The company name is on vans, letterheads, cards and adverts everywhere, so i really need it back!

Thanks.

 

[petrosc]

They registered the domain on themselves? Did I understand correctly? If yes I don't know what you can do about it... as officially you are not the owner of that domain name.

 

[RstredS]

Yes thats correct. The single man that was running the company registered it in his name. I just simply had an account with the company, which at the time gave me access to the settings. I understand that i am not registered as the owner, is there nothing i can do? no law against this thing?

If i try and transfer the domain into control of another company, they are going to ask for the auth code, do they HAVE to have this or are they just required to ask for it?
Thanks,

 

[petrosc]

unfortunately the only way to get this domain back is for the current owner to transfer it to you.

About the law question, I suspect that it was hidden somewhere in their TOS that the domain they register for you would be regged on them. Otherwise, if it wasn't, yes, you can take legal action against them but you need to consider if the domain name is worth it.

 

[evertonian7uk]

this happened to me when i first started out, i regged the domain name with the host, well they regged it for me,

then they went under and i had over a year on the domain name, i tried and tired to get it back but as said above it was in there ToS, if they reg the name for you, its theres, they own it.

i tired the well i paid for them to reg it ect.. but it came back to the ToS, if we reg it for you its ours.

i ended up losing out on a year domain, then cause i was stupid, i never actaully watched the domain name, when it dropped, someone else picked it up and i never saw it again!

best advise is watch the name, you know when its gonna drop, so get ready to snap it up again, for now, it would seem your like i was frustrated and without your name, take it as a lesson learned, always reg the name were you can be incontrol 100%, dont use the host to do it.

 

[neroux]

If you cannot contact your old host and make him transfer the domain, your only possibility is to take the case to a court.

 

[DNQuest.com]

Never have a host register domains for you, regardless of the deal they offer. Many host retain "ownership" of the domain, not you.

Legally, are you able to show common law TM? If it is the name of your company, you may have recourse via UDRP.

 

[RstredS]

Thanks for the tips everybody. Yes it was lesson learned, and i have never used a hosting company for domains since. Seems il just have to accept it.

Yes the domain is the name of the company. I'm just looking up now what UDRP is.

One more question, if i were to use another company to transfer the domain to, what are they going to ask for via the registered email address? i may be able to get somewhere this way.

 

[Dave_Z]

One more question, if i were to use another company to transfer the domain to, what are they going to ask for via the registered email address? i may be able to get somewhere this way.

Typically the gaining provider asks for the so-called auth/EPP code first. Then
they'll notify the domain name holder via the email address on record.

If the transfer contact email address on record (e.g. administrative contact)
isn't in your control, coupled with not being able to change it, it won't matter.