InstantBuzz - GoDaddy story

[SharonTucci]

I wrote the following for our http://www.brandednames.com newsletter. Thought some of you might be interested in it and would want to comment.

Mike Filsaime and the users of his InstantBuzz.com service recently learned a tough lesson. Mike had purchased the IB domain and service from a guy called Mike Chen. Chen never transferred ownership of the domain to Filsaime. The InstantBuzz service allows members to earn 'traffic credits' for referring others. Filsaime promoted a 4 day push campaign to drive new members. During this time, one of the IB members spammed a non-opt-in list. A complaint went to GoDaddy, the registrar for the domain. GoDaddy tried to contact Chen and was unable to. When they were unable to do so, GoDaddy disabled use of the domain. There are also some fines to pay which have been levied by GoDaddy.

Now, a couple of weeks later, the situation is still not resolved. Filsaime has been unable to get Chen to transfer ownership. GoDaddy is holding steady. Basically, the IB site is still out of order. To my knowledge, GoDaddy has not provided Filsaime with details on who spammed.

This is an interesting case for me since my own background for the past background for the past decade has been in email marketing. Obviously, I've spent a lot of time in the domain business too. This is the first time I've seen a convergence of the domain/spam industry that had such a serious impact on a business.

Don't get me wrong - I am 100% against Spam. Spammers have lessened the value of what once was a very cost-effective marketing method. However, I DO have serious issues with what GoDaddy did here. GoDaddy is a registrar. InstantBuzz is a legitimate business. Filsaime and IB were not directly responsible for this. Would GoDaddy shut down a Fortune 500 company because an affiliate sent out Spam?

Sure, I can agree that Filsaime screwed up by not making sure that the domain registration had been properly transferred to him. But did GoDaddy overstep what registrars SHOULD be doing?

I'm sure there are parts of the story I'm missing.

Here's Filsaime's version of what happened if you are curious - it's a PDF file, so make sure you have Acrobat reader before you open it.

http://www.mikefilsaime.com/mikefilsaimenewsletterJune2005.pdf

 

[EbookLover]

Don't get me wrong - I am 100% against Spam. Spammers have lessened the value of what once was a very cost-effective marketing method. However, I DO have serious issues with what GoDaddy did here. GoDaddy is a registrar. InstantBuzz is a legitimate business. Filsaime and IB were not directly responsible for this. Would GoDaddy shut down a Fortune 500 company because an affiliate sent out Spam?

Sure, I can agree that Filsaime screwed up by not making sure that the domain registration had been properly transferred to him. But did GoDaddy overstep what registrars SHOULD be doing?

I totally agree. The issue of what registrars can and cannot do needs to be brought to attention. I was unaware that they could intervene as GD did until I heared about IB's problem last week. I'm still not sure if GD overstepped their boundaries. At the same time, Filsaime did not take proper steps to secure his domain.

It appears that perhaps a lawsuit would need to be in order here to set a precedent. I mean, basically to rule what registrars can and cannot do given the situation. IB is suffering monetary loss from GD's actions and yet, a fee will have to be paid to GD before they put the domain back in business, if they (GD) ever decide to do so.

About the F500 comment. The thought seems to be that if you are a well-known, national/intn'l company, you couldn't possible do wrong, like spamming and if one of your affiliates is to blame, then it is no fault of theirs as they are too busy to police all affiliates. That is definitely BS. But as always, the small business will always have to suffer. It has always been that way and most likely will never change. Sad but true.

I have no clue if Filsaime is or is not responsible for the spamming in question, but i have a feeling whether he is or not, the situation would still have been the same. Had Bill Gates owned IB on the other hand, you can bet this problem never would have existed.

 

[Dave_Z]

Chen never transferred ownership of the domain to Filsaime.

And still hasn't, as you noted later on:

Registrant:
Mike Chen
P.O. Box 379024
Las Vegas, Nevada 89137
United States

Registered through: GoDaddy.com
Domain Name: INSTANTBUZZ.COM
Created on: 08-Jul-04
Expires on: 08-Jul-05
Last Updated on: 21-Oct-04

To make things worse, it's going to expire soon! I hope Mike gets this resolved
soon.

Unfortunately, for now, only Mike Chen can take it up with Go Daddy and get
it fixed somehow.

But did GoDaddy overstep what registrars SHOULD be doing?

I once asked that same question here. Needless to say, everybody agrees
registrars shouldn't be doing this.

Incidentally, Bob Parsons wrote in his blog, something to the effect, that he
actually doesn't relish assuming the role of being a "spam cop", given how
tough it is to screen out spam. In that case, don't!

You might like to share your thoughts with him at his blog while at this.

It appears that perhaps a lawsuit would need to be in order here to set a precedent. I mean, basically to rule what registrars can and cannot do given the situation.

Indeed, it seems a lawsuit is needed to draw the line, given the absence of an
actual law dictating what registrars can and can't do. But the top registrars
are smart enough to force you to check the box beside the "I have read the
service agreement and agree to its terms" before being able to use them.

And theoretically, a judge will uphold the provider because you agreed to it.
If you're a US-based user, the e-signature law helps strengthen this otherwise
unpalatable situation.

Sharon, I don't know if you've heard of this, but Rosalind Gardner almost had
the exact same thing happen to her. She was fortunate to receive Go Daddy's
notice about it and eventually prove to Go Daddy at the spam complainant
turned out to be one of her confirmed opt-ins.

As usual, transfer away if you don't like their policies. And that's exactly what
I did.

 

[Dave_Z]

Update: Mike finally posted a pdf giving the full scoop:

http://www.mikefilsaime.com/mikefilsaimenewsletterJune2005.pdf

 

[SharonTucci]

Update: Mike finally posted a pdf giving the full scoop:

http://www.mikefilsaime.com/mikefilsaimenewsletterJune2005.pdf

Yeah, I had that link in my original post

 

[Scorpio]

I have been receiving spam from InstantBuzz for a long time. There unsubscibe dont work too. Sharon if you know the owner please ask him to remove me from his spam list. Thanks.

 

[SharonTucci]

I have been receiving spam from InstantBuzz for a long time. There unsubscibe dont work too. Sharon if you know the owner please ask him to remove me from his spam list. Thanks.

Sorry, not in contact with Mike on a regular basis.

 

[Dave_Z]

Yeah, I had that link in my original post

Oops, forgot about that! :hehe:

Just got an email from Mike Filsaime. Mike Chen finally paid Go Daddy for the
mishap, and will work on the rest soon.

I have been receiving spam from InstantBuzz for a long time. There unsubscibe dont work too. Sharon if you know the owner please ask him to remove me from his spam list. Thanks.

PM me your email. Although I emailed him your name from your profile, your
email address might be needed to help Mike find it and remove it.

 

[mole]

Sure, I can agree that Filsaime screwed up by not making sure that the domain registration had been properly transferred to him. But did GoDaddy overstep what registrars SHOULD be doing?

Don't get me wrong, I'm 100% against Godaddy. But Filsaime deserved to be screwed for not applying the necessary due diligence to simple things like domain ownership. At best, he doesn't even exist where this domain is concerned, let alone claim usage rights for it.

 

[Dave_Z]

Don't get me wrong, I'm 100% against Godaddy. But Filsaime deserved to be screwed for not applying the necessary due diligence to simple things like domain ownership. At best, he doesn't even exist where this domain is concerned, let alone claim usage rights for it.

True. But in all honesty, how many domain owners out there even know basic
things like these?

 

[ezimedia]

HI All

First let me say... Mike Filsaime is not a spammer and if you are getting emails from him then some how in the past you must have opted into one of his mailing lists.

Alot of people join things only to forget weeks or months down the road that they did and when they get an email from the owner of the list they cry spam.

One thing I know Mike did in the begining was to use a single optin form and that could result in people signing up some one other then thier self and thus cause spam issues... But I think Mike has now gone to the double optin form which he should have done so from day one.

The next thing is... how many domains have you sold to people in the past that do not even update the whois information to there own I have had a few customers like this in the past month and had to email them a few times and explain how to do that.

Not everyone is as clued up as members here at Namepros when it comes to domain names.

But I bet then next domain name Mike buys he will make sure the whois information is 100% correct..

As for what Godaddy did I think it was not right and all they needed to do was to visit the instantbuzz website for another email address to contact Mike on... But then again that would be to much work for Godaddy.. After all we are talking about the lifely hood of a person trying to make a living from his websites..

What if it happened to you....?

I bet the more this issue gets around and I can tell you Mike knows a lot of people online that have many domains with Godaddy and they more likely will be transfering their domain names away from Godaddy.

I think Godaddy should take note and get this issue resolved ASAP..

Thanks
Tom Dahne

 

[Element]

I havent been getting any emails from them, but my friends email account is flodded from spam from InstantBuzz.

 

[ZuraX]

I was seeing InstantBuzz spam on Usenet for the longest time. I wondered what happened to them. When he gets the domain back I sure hope he controls his affiliates. If it starts showing up in the news groups I read again I will report him to GoDaddy.

GoDaddy has had it in their ToS that if you are reported for spam, etc they will take action and can suspend the domain. There was a site that every time I visited it the site would try to force install a trojan. I seen on a forum where others had complained and yet the tojan was still there. I emailed GoDaddy and they suspended the domain and it was down for like a week.

I wish more registers were like GoDaddy, I know a few others are starting to make the change to suspending domains when they get spam reports. I think Directnic has suspended a few hard core spammed domains in recent months.

The days of "our affiliate did it" are slowly coming to an end.

 

[Dave_Z]

I was seeing InstantBuzz spam on Usenet for the longest time. I wondered what happened to them. When he gets the domain back I sure hope he controls his affiliates. If it starts showing up in the news groups I read again I will report him to GoDaddy.

Why not report it to Mike first? His website is mikefilsaime.com.

Incidentally, he's transferring the name out of Go Daddy. To where, we'll see
soon enough.

I wish more registers were like GoDaddy, I know a few others are starting to make the change to suspending domains when they get spam reports. I think Directnic has suspended a few hard core spammed domains in recent months.

Hmmm, so that makes it go daddy, enom, and now directnic. Is there a case
you can specify?

Registrars are now choosing sides...

 

[ZuraX]

directnic seems to be mostly blackhat. Once in a while they nail a spammers domain but 99% of the time they do nothing. I remember reading a few weeks ago they nuked one but I cant find it now.

Why not report it to Mike first? His website is mikefilsaime.com.

Incidentally, he's transferring the name out of Go Daddy. To where, we'll see
soon enough.

Well he needs to control his affiliates. I believe his IP blocks are blocked by many server admins.

 

[EbookLover]

True. But in all honesty, how many domain owners out there even know basic
things like these?

True, but ignorance is no excuse.

BTW, IB is back up as of a couple days ago. Stilled owned by Mike Chen, though. I see that Mike Filsame just does not learn, does he.