I bought DomainNames.com from NetworkSolutions, but they took it back.

[owntype]

Hi, guys

I'm the buyer of DomainNames.com, I did the search via NetworkSolutions.com on 12.Feb, and found it's in their premium domain name lists with a very bargin price $2,577 (yes, it's a big bargain but a deal is a deal). Then I ordered it and paid via credit card.

This domain name is under control of New Ventures Services Corp and everyone knows it is NetworkSolutions/Web.com's warehousing company. All their domain names will be listed as premium domain names for sale on NetworkSolutions.com.

Once I made my order, Netsol sent me a order confirmation email. After 3 days, Networksolutions pushed the domain name into my Netsol account with a confirmation email to notify that my order has been completed, and I have the full control on it. I changed the DNS to my own hosting account.

But NetSol has removed it from my account today without any notifications nor explaination.

I will update further later.

 

[tonyk2000]

From strictly formal point of view, ICANN accredited registrar needs to obtain owners approval to perform ownership change. The buyer became a new owner but obviously did not initiate any sort of further ownership change, nor did the buyer authorize Netsol to do so.

So, what happened? NetSol will tell that they reversed the purchase, so they must be able to show and explain reasons what exactly was wrong with the purchase. I will really enjoy following the court case and it will be interesting to see who will represent New Venture Services / Netsol and how will they explain who they really are

 

[owntype]

Not use them. But, their terms clearly state:

In addition, you acknowledge and agree that we reserve the right to reject or cancel your Premium Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your Premium Domain Name registration is rejected or cancelled, for any reason, we will refund in full the amount of the purchase price for the Premium Domain Name as your sole remedy hereunder.

Hi, please check my post on page 5 of this thread.

When submitting the payment, the TOS I need to acknowledge isn’t this one. There’s no premium sale terms has been mentioned in that TOS, I tried to dind it so I can figure out how Netsol operates the premium sales. I have no experience with it.
I have uploaded the TOS and screenshot in that post.

 

[owntype]

Before submitting the payment, it shows:

By clicking the purchase button you acknowledge that the terms of Network Solutions' Service Agreement will govern your purchase. Sales or use tax may apply.

When clicking The service agreement, it goes to the following
https://assets.web.com/legal/English/MSA/v1.0.0.3/ServicesAgreement.pdf

Which is a master agreement of Web.com

And you can’t find the terms about premium domains nor pricing errors.

That TOS with terms about premium was found via google search, hosted on netsol, but it’s not showing directly on netsol’s homeage, nor combined with the payment button.

 

[equity78]

I wrote this awhile back http://tldinvestors.com/2016/09/mak...are-agreeing-to-the-first-30-days-matter.html

 

[equity78]

Before submitting the payment, it shows:

By clicking the purchase button you acknowledge that the terms of Network Solutions' Service Agreement will govern your purchase. Sales or use tax may apply.

When clicking The service agreement, it goes to the following
https://assets.web.com/legal/English/MSA/v1.0.0.3/ServicesAgreement.pdf

Which is a master agreement of Web.com

And you can’t find the terms about premium domains nor pricing errors.

That TOS with terms about premium was found via google search, hosted on netsol, but it’s not showing directly on netsol’s homeage, nor combined with the payment button.

here is what they will use Yinan, the home page has a link to Legal and all the other documents. https://legal.web.com/

 

[1Darko]

Hi, please check my post on page 5 of this thread.

When submitting the payment, the TOS I need to acknowledge isn’t this one. There’s no premium sale terms has been mentioned in that TOS, I tried to dind it so I can figure out how Netsol operates the premium sales. I have no experience with it.
I have uploaded the TOS and screenshot in that post.

Don't bother with the TOS - it's irrelevant, because you payed and they delivered. The best you can do is to document all relevant infos you can get and hand over the case to a lawyer. Also try to get some testimonies from fellow domainers who went through similar or identical cases in the past and who are willing to withness in court.

 

[tonyk2000]

This thread open an interesting question. What if I fly from my country to U.S. - Florida airport. Then I go to the nearest Starbucks, right in FL airport, pay for a cup of coffee, receive it and start "consuming" it. Is it allowed (as per Florida laws) for Starbucks employee to forcefully take the remaining coffee away from my cup, as I am technically reachable (sitting in the same Starbucks). How would this situation be different (from the legal point of view)?

 

[Rich]

I hope you have a case there, how would you know about the terms without them being in the open...watch they'll have it linked by the end of the day.
I will donate to that case as i cant stand nj or netsol. We can transfer away our premiums and encourage others yo do the same, Nj relies on netsol names..

 

[equity78]

Don't bother with the TOS - it's irrelevant, because you payed and they delivered. The best you can do is to document all relevant infos you can get and hand over the case to a lawyer. Also try to get some testimonies from fellow domainers who went through similar or identical cases in the past and who are willing to withness in court.

No unfortunately the TOS is not irrelevant. Domainer testimony would be more damaging if anything else on cross examination, as people when they first heard about the name being bought thought it was a high five to six figure sale.

 

[equity78]

.@jberryhill can weigh in but to my knowledge the TOS has never lost. I would like to see it lose here, but I don't think so. In the case of Pets.tv they took the domain from Fleaking and he did not even purchase the name, Verisign took a name from a guy who traded one of his for another domain. If they want it they taking it where the TOS backs them up.

 

[owntype]

18. Purchase and Registration of Premium Domain Names. Our Premium Domain Name Service offers for sale domain names that may be registered to third parties (also known as aftermarket or secondary market domain names) in a variety of TLDs (such as .com, .net, .org, .biz and .info TLDs). All Premium Domain Name registrations are offered on a "first come, first served" basis. After you complete the Premium Domain Name registration application, including payment of the purchase price, we will initiate the transfer of the Premium Domain Name to your account. At the time of transfer of the Premium Domain Name into your Network Solutions account, we will add one (1) year to the existing registration period. Any subsequent renewals of the Premium Domain Name will be charged at the then-current renewal fee. You acknowledge and agree that once you have completed your Premium Domain Name registration application, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the Premium Domain Name. All Premium Domain Name sales and registrations are final and non-refundable. When selling Premium Domain Names registered to third parties we make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the Premium Domain Name or complete the transaction. In addition, you acknowledge and agree that we reserve the right to reject or cancel your Premium Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your Premium Domain Name registration is rejected or cancelled, for any reason, we will refund in full the amount of the purchase price for the Premium Domain Name as your sole remedy hereunder. Once the Premium Domain Name is transferred into your Network Solutions account, you agree that Premium Domain Name may not be transferred away from Network Solutions to another registrar during the first sixty (60) days following the transfer, during which time the Premium Domain Name may be placed on transfer lock.

 

[DomainVP]

@owntype I'm sorry this happened to you, it's really unfair.

Network Solutions is notorious for shady backhanded dealings. Just google "ZTOMY network solutions". They will change your name servers on you for absolutely no reason, pointing your NS to ZTOMY servers which send you to a zero click nightmare of popups for FBI Warnings and "Install Media Player" spam.

The sad truth is that you likely won't see this domain, however you can raise awareness about their bs practices and business dealings.

Since experiencing a ZTOMY switch-a-roo with them I haven't used them for a single service.

Report them to the BBB, make some noise; make them change their policies.

TOS has never lost

Indeed, it's why TOS exists.

So many companies get away with dastardly practices because of what their 35 page TOS says. Nobody ever reads TOS until it's relevant to a loss they have suffered. Unfortunately you can't avoid TOS of anything if you use the service.

This is a tough one to watch unfold but there a lot of people that will have eyes on this situation.

Another reason to continue my personal boycott of NetSol.

 

[DomainVP]

You acknowledge and agree that once you have completed your Premium Domain Name registration application, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the Premium Domain Name. All Premium Domain Name sales and registrations are final and non-refundable. When selling Premium Domain Names registered to third parties we make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the Premium Domain Name or complete the transaction.

Ugh...

So basically if you make a purchase you better pay, or else we can legally take you to court.

But when you do pay we can't really guarantee that the domain will be delivered to you because that's on them not us.

 

[equity78]

New Ventures Services employee: Hey boss, let's price a lot of domain names with these prices, then if we see people congratulating the buyers or if they turn out to be a large corporation that could have afforded 6 figures, we just use the TOS to take them back.

Boss: It's almost too perfect, I see a promotion in your future.

 

[owntype]

Ugh...

So basically if you make a purchase you better pay, or else we can legally take you to court.

But when you do pay we can't really guarantee that the domain will be delivered to you because that's on them not us.

I’m not sure if Netsol treat NewVCorp as third party sellers or not in this case.

When selling Premium Domain Names registered to third parties we make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the Premium Domain Name or complete the transaction.

 

[equity78]

What we needed here was someone like Rick Schwartz paying $2,577 for the name and then having it removed from his account with no communication The TOS would still hold but he would have made them wish they left him keep the name and maybe throw some foolish cash at making their lives miserable.

 

[wwwweb]

What we needed here was someone like Rick Schwartz paying $2,577 for the name and then having it removed from his account with no communication The TOS would still hold but he would have made them wish they left him keep the name and maybe throw some foolish cash at making their lives miserable.

They are a bit more rigid, not as consumer friendly like Godaddy, most likely he would just be welcome by the corporate wall, anyone that holds their domains there has already lost their mind, so saying bad things about them won't change much.

Another notch on the belt, even if you got that auth code in time, then you would have to wait for the transfer hold, if you got into the weekend you might have beat them out, somehow someone figured it out.

 

[equity78]

They are a bit more rigid, not as consumer friendly like Godaddy, most likely he would just be welcome by the corporate wall, anyone that holds their domains there has already lost their mind, so saying bad things about them won't change much.

Another notch on the belt, even if you got that auth code in time, then you would have to wait for the transfer hold, if you got into the weekend you might have beat them out, somehow someone figured it out.

Or if it got out Net Sol might have gone to Verisign and demanded they moved it back.

 

[RobM]

They should have honoured it whilst publicly ridiculing themselves for putting in too low of a price. Firstly this would have gained them respect as people who stand by their word. Secondly people would most likely laugh with them thus increasing their public image. Thirdly people would be more likely to use them hunting through for 'bargains'. Instead they prove they are *still* inept and soulless. I don't understand why people even still use them. They are overpriced and are notorious for being at the end of controversies, thefts, and shady dealings.

 

[1Darko]

No unfortunately the TOS is not irrelevant. Domainer testimony would be more damaging if anything else on cross examination, as people when they first heard about the name being bought thought it was a high five to six figure sale.

I have wrote this a few hours ago - The tos can't be above the law. In other words-the tos is an attempt of the business operator to minimize any if not all liabilities.Therefor it is sometimes in some clauses a wishlist of the business operator and has no legal weight. For instance - you can not break a contract without informing the other party about it in a proper way. Of course you can put such procedure in a tos but I doubt that in court this will withstand against business law.
In case of fraudulent business practices business operators could face even criminal charges. Testimonies from the past could show that this is somekind of standard business behavior of the party involved where the superior business operator is trying to take advantage over the weaker contract party.