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:

 

[Name Trader]

@equity78 - But that doesn't tell us much about the current situation where the domain was owned by Dan Sheley.

 

[DomainVP]

Just from experience, it's few and far between that the Name Nabber service catches any good domains in the .COM namespace unless there isn't a big demand for it.

Again, for the keyboard assassin tolls waiting to pounce on that statement... I didn't say Name has never caught any good names; I said that their success of catching good .COM's on backorder with their Nabber service is rare.

It's also rare to get a BO in with them, especially for a premium name. Some investors have spent big money and backordered a broad spectrum of highly premium names years in advance just waiting for a premium names to drop in the event Name catches them.

I think you were very lucky to be the first one to the plate on that one.

If Name did catch it, they probably did so using more resources then they would use for their typical Nabber service; for use for themselves. Typically SN, NJ, or DC would have caught that, if not those services then Phnx, then if none of those caught it maybe Nabber.

Just a series of odd circumstances indeed.

Even the $175,000 quote for the name is bizarre. A lot of worse names have sold for a lot more.

Good luck with your situation @GoWebnames.com

 

[carob]

@carob

Normally, Name.com offers up the domain to the (only) backorder on Day 35/36.
If there is no backorder on the name, I believe the domain is listed on expiring domains:
https://www.name.com/expired_domains.php

I'm not sure a link would work, but if you search for myintellipath.com there (owned by Dan Sheley), you can see it available for immediate purchase @ $79.00 (It was $129 yesterday, tomorrow it will be listed at $39 and so on if no one purchases it.)
It's not an auction, it's the equivalent of GoDaddy closeouts.

It will go into redemptionPeriod if no one buys it.

The $50 was for the purchase of the domain before it got listed on expiring domains.

What should definitely not happen is the registrar hijacking the domain.

Hi I think some of the confusion in this thread comes from the way people have interpreted the word "backorder" in the thread title. Once the OP had paid the $50 fee the name should not have been going to drop at all, just going to the OP before ever dropping.

The special circumstances Keith mentioned about when a registrar can step in to take a name may well get twisted to justify their action - I am not justifying that, just saying there may be some wiggle room, I won't give examples as that might give some people ideas.

Do .com registration rights pass to the registrant's heirs? I noticed the .be registry stipulates that in their registration agreement.

 

[chickenfillet]

Just from experience, it's few and far between that the Name Nabber service catches any good domains in the .COM namespace unless there isn't a big demand for it.

Again, for the keyboard assassin tolls waiting to pounce on that statement... I didn't say Name has never caught any good names; I said that their success of catching good .COM's on backorder with their Nabber service is rare.

It's also rare to get a BO in with them, especially for a premium name. Some investors have spent big money and backordered a broad spectrum of highly premium names years in advance just waiting for a premium names to drop in the event Name catches them.

I think you were very lucky to be the first one to the plate on that one.

If Name did catch it, they probably did so using more resources then they would use for their typical Nabber service; for use for themselves. Typically SN, NJ, or DC would have caught that, if not those services then Phnx, then if none of those caught it maybe Nabber.

Just a series of odd circumstances indeed.

Even the $175,000 quote for the name is bizarre. A lot of worse names have sold for a lot more.

Good luck with your situation @GoWebnames.com

There was nothing to "catch" because the domain name hosts.com didn't drop, that is the problem. Name.com kept it long before it would have dropped, and that is what this thread is all about.

 

[VirtualT]

The special circumstances Keith mentioned about when a registrar can step in to take a name may well get twisted to justify their action - I am not justifying that, just saying there may be some wiggle room, I won't give examples as that might give some people ideas.

Exactly right, however pretty hard to argue they have re-registered it for the owner if they have (allegedly) offered it up for sale

 

[equity78]

any update GoWebNames ?

 

[Nodws]

they also eavesdrop the domain search form (lost a few good names this way) look for a cool domain and the next day it was already registered, same happened to me on Godaddy looking for 3 Char .coms, found some on bulk search went to deposit funds to paypal, next day GONE

 

[gilescoley]

Ive learnt that you never search for your names using one of the big registrars, use a small one to find the names, then go to your usually registrar to grab the name

 

[AEProgram]

they also eavesdrop the domain search form (lost a few good names this way) look for a cool domain and the next day it was already registered, same happened to me on Godaddy looking for 3 Char .coms, found some on bulk search went to deposit funds to paypal, next day GONE

you found 3 char .coms avail for hand reg? must of been a hickup

 

[GoWebnames.com]

any update GoWebNames ?

Nothing yet. Guess ICANN receives many complaints a day! Had written to few domainers with blogs with reference of this thread, guess no one cares to highlight the issue if it doesn't suit their interests.

 

[Keith]

Nothing yet. Guess ICANN receives many complaints a day! Had written to few domainers with blogs with reference of this thread, guess no one cares to highlight the issue if it doesn't suit their interests.

Icann replied to me that the complaint was forwarded to the registrar.

 

[pooky]

Thanks for the update Keith.

...And myintellipath.com went into redemptionPeriod today.

 

[chickenfillet]

Icann replied to me that the complaint was forwarded to the registrar.

Same here. They said that a 1st Notice will be sent to the Registrar, and they will have 5 business days to respond.

I am SO curious as to how Name.com will defend their illegal actions.

 

[Keith]

Same here. They said that a 1st Notice will be sent to the Registrar, and they will have 5 business days to respond.

I am SO curious as to how Name.com will defend their illegal actions.

It's a lost cause. Icann is on their side and any excuse is good enough.

 

[Keith]

I just emailed John Berryhill as this particular case is so blatant. Hopefully he takes the time to investigate this absolute nonsense and theft via Name.com!

 

[chickenfillet]

It's a lost cause. Icann is on their side and any excuse is good enough.

If so, the word will get out on other websites, blogs & forums that ICANN is allowing illegal activity, and when given the possibility to stop it, they chose not to and instead uplift it.

Any excuse is not good enough. You can't claim ownership of something, without obtaining it the legal way.

I just emailed John Berryhill as this particular case is so blatant. Hopefully he takes the time to investigate this absolute nonsense and theft via Name.com!

It's so blatantly obvious, that I don't know how Name.com thought no one would notice. Seriously, are they children in their teens running the site?

"Hehe, let's take hosts.com and sell it for a few hundred thousand dollars, and get free money for selling something that we obtained by bypassing the legal way of obtaining it, LMFAO."
- Dramatization of Name.com's children employees.

 

[Keith]

If so, the word will get out on other websites, blogs & forums that ICANN is allowing illegal activity, and when given the possibility to stop it, they chose not to and instead uplift it.

Any excuse is not good enough. You can't claim ownership of something, without obtaining it the legal way.



It's so blatantly obvious, that I don't know how Name.com thought no one would notice. Seriously, are they children in their teens running the site?

A. Icann doesn't care as this is industry standard.

B. Name.com doesn't care as this is industry standard.

 

[chickenfillet]

A. Icann doesn't care as this is industry standard.

B. Name.com doesn't care as this is industry standard.

Industry Standard? Am I missing something? You're telling me that stealing domain names is industry standard? So some guy dies, the domain expires, and the Registrar claims ownership of that domain name?

There are steps to acquiring expired domain names, and when you break these formal LEGAL steps that needs to happen to ALL expired domain names (notice the word ALL), you show yourself to be a thief.

This was all about money, and when businesses engage in illegal activity for the sake of profitable gain, the outcome usually is not a very good one, if you haven't realized.

Either Name.com can claim ownership of all expired domain names, or none at all, there is no "in between" cherry picking domain names if they are worth a 6 figure sum.

 

[Kate]

Industry Standard? Am I missing something? You're telling me that stealing domain names is industry standard? So some guy dies, the domain expires, and the Registrar claims ownership of that domain name?

That's it. But you don't have to die, you just have to let your domain expire.
Why ? Because they can. It's one of the perks of operating within a loosely-regulated industry.

 

[chickenfillet]

Why ? Because they can.

That is the phrase people use when they don't know anything else to say.

Just because someone can do something, doesn't make it legal or ethical.

1. Hackers can steal your domain name with a snap of a finger if you are their target. Why? Because they can.

2. Someone could punch you in the face tomorrow. Why? Because they can.

3. Google can ban your Adsense account immediately without explanation. Why? Because they can.

Please don't use those 4 words, it really makes no sense whatsoever.

"Because they can" is not the Universal answer to everything, it is the worst answer someone could possibly give.

 

[VirtualT]

"Because they can" is not the Universal answer to everything, it is the worst answer someone could possibly give.

Unfortunately just because its annoying doesn't make it any less relevant, you need to expect business will operate within their rules/laws to maximise profit unless by doing so they generate enough bad publicity to make it unviable, hopefully this is the latter..

 

[Kate]

Just because someone can do something, doesn't make it legal or ethical.

Did I say that ?
Just saying that What is right or fair, and what actually goes on in this industry are two different things.

 

[chickenfillet]

Did I say that ?
Just saying that What is right or fair, and what actually goes on in this industry are two different things.

1% of what goes on in the Drug Industry is found out by Police. Does that mean they can do drugs "because they can?"

Just because the Police or Judges haven't criminalized someone formally, doesn't mean they aren't breaking the law, understand? If theft was Industry Standard, would it be legal? No, but you would say it would be. If rape was Industry Standard, would it be legal? No, but you would say it would be.

I'm starting to get worried about this forum. The replies I'm getting make no sense whatsoever. Funny how the worst replies by the most 'reputed' members get the most likes.

SUMMARY: Stop trying to defend Name.com's actions and say that it is "Industry Standard" when you know down right what they did was wrong, illegal, immoral, unethical and absolutely stupid, because they thought no one would notice.

 

[Hypersot]

Chickenfillet, although I agree totally on what you say, it seems you have confused two things

-What you support, is what *should* happen in a perfect world
-What people trying to tell you is what *actually happens* in this world, they don't necessarily agree with how things are ,but hey, that's how they are

there is no need to bash the people here, we are all under the same roof and we all suffer from the same issues that you're talking about

I believe we all wish this business to be more transparent so there's no need to attack each other.
I personally watch this thread very carefully to see how it will end and thank you for taking things this far

my opinion of course

 

[DU]

Only myintellipath.com went through the normal expiry steps, while hosts.com did not, and is now being sold for $175,000/$125,000. It's obvious why, because they want to sell it for huge profit, so they claimed ownership but not by the legal way of acquiring the domain name.

It's funny that people still believe in some mystical normal expiry steps - would that be the GoDaddy way, the Yummynames way, the NameJet way, the Dynadot way?

IMO the registrar is obviously stealing domains.

So what was stolen and from whom? Do you think that there is an argument that the name was stolen from the general public?

I just emailed John Berryhill as this particular case is so blatant

John Berryhill has been very clear about this in the past imho. If domainers want an ethical and responsible domainer friendly registrar then... they should setup their own.

Ive learnt that you never search for your names using one of the big registrars, use a small one to find the names, then go to your usually registrar to grab the name

I agree. I think when people are entering 10,000s of names a day that they systematically pick the best ones for themselves. They may even track your sales and have a special gilescoley tracker or something. I've put shit into name.com for years and the names are still available - I must be disappointing for them.