Hosts.com - How Name.com defrauded me out of a great backorder

[GoWebnames.com]

Ok, here is a recap of what happened in short in last 10 days:

1) I was checking expiring names at Name.com and saw Hosts.com available for backorder since the original owner didn't renew it for some reason best known to him. Couldn't believe someone would let it expire, it's registered since 1998

2) Since Name.com accepts only 1 backorder per available name, I placed a backorder immediately and double checked to make sure if backorder was not available to anyone else. Soon as I placed a backorder, Hosts.com said it was not available for any other backorders.

3) The backorder was SUCCESSFUL and CONFIRMED to me by Name.com on my email (see screenshot)

4) 4 days later, I saw my backorder change to not available in my name.com account and when I checked Hosts.com again, it showed to be available as a PREMIUM NAME with Name.com

5) When I enquired with Name.com, they gave a vague answer saying backorder is only possible when Name is available.

6) I enquired through their interface, they gave me a BIN price of $175,000 for Hosts.com

Can you believe it? Name.com just defrauded me out of a great backorder and kept the name for themselves.

I am trying to talk to them , let's see what comes up.

Is there any possibility of a law suit here in case they don't transfer the name?

Here are the screenshots:

 

[Hanef Fatima]

Backorder for deleted domains, yes? no?
All expiring domains at name.com went here first before public available
https://www.name.com/expired_domains.php
You can buy and own the name right away

 

[gilescoley]

I think you'll find this name never expired and was not available for backorder

Remember that all the registrar and whois databases are not "live"

This has happened to me before

 

[Kate]

I think the wording is confusing.
It's not the backorder that was 'successful'. Instead, the mail means that you successfully claimed the backorder slot for this domain (I understand name.com backorders are exclusive - first come first served).
Then the domain name must have been renewed (as expected). So the backorder is nullified.

Domains don't drop so fast, did you expect that the domain would be allocated to you on the spot ?

 

[GoWebnames.com]

The whole point is that I had a backorder on a name which was confirmed by Name.com

Now, how can Name.com sell the very same name as a premium name without honoring the backorder first?
If they can do that, what's the point of asking their clients to place the backorder, whenever available?

 

[GoWebnames.com]

I think you'll find this name never expired and was not available for backorder
Remember that all the registrar and whois databases are not "live"
This has happened to me before

Giles, how could I have a placed a backorder if it was not open for backorder?

There is something called as AutoRenewPeriod where the registrar renews premium names by itself while waiting for owner to make payment within a certain time window.
If the owner still fails to pay, the registrar is good to do anything they want to do with the name.

Check the whois for hosts.com, it still says this:
Domain Status: autoRenewPeriod
Domain Status: clientTransferProhibited
Registrant Name: Whois Agent

The owner failed to make payment and Name.com renewed it by themselves and opened it for backorder. When they realized what a great name Hosts.com is, they perhaps had second thoughts and now have kept the name themselves and are trying to sell it as PREMIUM NAME without first honoring the backorder they took for the name.

The whole question is, is that not an unfair business practice?

 

[Keith]

You're not understanding how the system works.

You backordered the domain and got a confirmation or "success". The domain has to delete and be caught by Name in order for you to obtain it. In this case, the domain never deleted and was renewed. The owner has the right to list it for sale wherever they choose.

Nobody cheated you, it's just how the system has always worked.

 

[gilescoley]

It just looked like it was available to backorder...this stuff happens all the time

Keep watching the whois and see if it changes

 

[Keith]

Does domainsite have an auction platform? If they don't, and the domain was renewed by someone other than the registrant, that's a problem IMO.

It still has nothing to do with your BO though.

 

[GoWebnames.com]

Does domainsite have an auction platform? If they don't, and the domain was renewed by someone other than the registrant, that's a problem IMO.

It still has nothing to do with your BO though.

Keith, domainsite is owned and operated by Name.com itself.
And the owner has not renewed the name, it was done by Name.com. That's why THE WHOIS status shows as AutoRenewPeriod.

The backorder was placed through a link on Hosts.com itself which all the more confirms that the Name.com system had it open for backorders, just as they would do for other ones.

Only when they realized the value of the name, they put it on sale themselves.
If you checkout, it's not the owner who is selling this name, it's Name.com who is selling the name now: https://www.name.com/domain-offer?d=hosts.com

 

[Keith]

I think their TOS allows them to do this.

 

[GoWebnames.com]

I think their TOS allows them to do this.

This is what EPIC used to do as well.

 

[Keith]

I remember years ago when mobilizer.com expired. A guy that worked at the registrar renewed it in his own name! The same guy still owns it.

 

[nish20111]

You don't backorder to get expiring names at name.com so that isn't a problem, however If they decided to keep the domain for themeselves instead of putting it in the public buy place, I would be quite annoyed

 

[matrigaldo]

You don't backorder to get expiring names at name.com so that isn't a problem, however If they decided to keep the domain for themeselves instead of putting it in the public buy place, I would be quite annoyed

Yes, me too. But this isn't that case.

 

[GoWebnames.com]

Yes, me too. But this isn't that case.

It is THAT case. Please read the thread carefully, you haven't even understood what I am trying to say before making your opinion.
"Is it a fair business practice to allow and register a backorder first and then decide to keep the name for yourself without first honoring the backorder?"
That's what it's all about.

 

[Keith]

It is THAT case. Please read the thread carefully, you haven't even understood what I am trying to say before making your opinion.
"Is it a fair business practice to allow and register a backorder first and then decide to keep the name for yourself without first honoring the backorder?"
That's what it's all about.

They can only honor your BO if the domain deletes and they catch it. Assume it deleted, they would've never caught it anyways.

The question is did they renew it for themselves and is that allowed by ICANN?

 

[.NJ]

Welcome to the domain industry.....................

 

[matrigaldo]

It is THAT case. Please read the thread carefully, you haven't even understood what I am trying to say before making your opinion.
"Is it a fair business practice to allow and register a backorder first and then decide to keep the name for yourself without first honoring the backorder?"
That's what it's all about.

You don't know if the domain has been renewed by Name.com or by his legitimate owner, there is the privacy protection, so i see only conjectures here.

According to ICANN.ORG (https://www.icann.org/resources/pages/epp-status-codes-2014-06-16-en):
This grace period is provided after a domain name registration period expires and is extended (renewed) automatically by the registry. If the registrar deletes the domain name during this period, the registry provides a credit to the registrar for the cost of the renewal.

(for .com it should lasts 45 days)

Besides, this is from Name.com TOS:
DOMAIN NABBER BACKORDER SERVICE: For each domain name you place a backorder request for, we will make reasonable attempts to acquire such domain name on your behalf. We do not guarantee your backorder request will result in you obtaining the domain name and expressly reserve the right to (1) refuse additional backorder requests or (2) cancel existing backorder requests at any time for any reason. If we refuse or cancel your backorder request, we will promptly refund any fees paid for the backorder request.

However, Name.com backorder service wouldn't have worked in any case. Not only conjectures, because you aren't sure of anything, you just THINK name.com has registered the name, but even talking about a poor backorder service.

 

[GoWebnames.com]

You don't know if the domain has been renewed by Name.com or by his legitimate owner, there is the privacy protection, so i see only conjectures here.

Besides, this is from Name.com TOS:
DOMAIN NABBER BACKORDER SERVICE: For each domain name you place a backorder request for, we will make reasonable attempts to acquire such domain name on your behalf. We do not guarantee your backorder request will result in you obtaining the domain name and expressly reserve the right to (1) refuse additional backorder requests or (2) cancel existing backorder requests at any time for any reason. If we refuse or cancel your backorder request, we will promptly refund any fees paid for the backorder request.

However, Name.com backorder service wouldn't have worked in any case. Not only conjectures, because you aren't sure of anything, you just THINK name.com has registered the name, but even talking about a poor backorder service.

Great for you to list Name.com TOS here, thanks for the research but you are still short on checking the entire facts. As for TOS phrase "...at any time for any reason", I had say it is horsesh*t.

Firstly, it's not just MY understanding that Name.com has registered the name, the WHOIS says this about the name: "AutoRenewPeriod", please check the whois. Simply put, it means the owner allowed it to lapse to expiration period and registrar renewed it.

Here is the original WHOIS information, not sure if anyone knows him here:
Registrant Name: Dan Sheley
Registrant Organization: HOSTS Learning
Registrant Street: 222 NE Park Plaza Drive , Suite 230
Registrant City: Vancouver
Registrant State/Province: WA
Registrant Postal Code: 98684
Registrant Country: US
Registrant Phone: +1.3602583486
Registrant Fax: +1.3602601783
Registrant Email: [email protected]

Check here: https://whoisology.com/email/archive_6/[email protected] I also see his other names in AutoRenewPeriod.

Secondly, how come Name.com is selling the domain? They are making me a buy offer. Please see the screenshot in my OP.

Guess, as per TOS, I or anyone else do not stand a chance if it ever comes to dispute on a premium name with them.

Lesson Learned: Name.com is full of sh*t, even though they try to potray themselves as THE MOST HONEST domain registrar.

 

[Keith]

The auto renew period doesn't mean that the registrar renewed it. The owner could have renewed it.

The domain is listed for sale. Again, doesn't mean the registrar listed it. Maybe the owner renewed and listed it.

 

[The New Guy]

Did you actually think you had a chance to get hosts.com for $50?

 

[jamesosix]

I work for a alternative dispute resolution scheme and I cant tell you how much i despise companies and their all encompassing t's and c's.

 

[Kate]

The thread title should be changed because you obviously don't understand how backorders work.

 

[Soofi]

Gowebnames.com, please check this link: https://www.dropbox.com/s/b3hbed609mkp2ow/Screenshot 2014-09-24 04.39.16.png?dl=0

It clearly states the offer has been sent to the current owner of domain name when you submit an offer using the link you had provided above.

Your interest in the domain will be forwarded to the current domain owner. You should receive a response within one to four business days.​

Now the question remains though, who renewed HOSTS.com??