NameCheap.com

[NameVisual]

I own over 100 domain names at Namecheap,com and last year I issued a few charge backs that I tried to resolve with customer support. They are trying to charge me $200 per charge back and they attempted to hijack all my domain names.

I got them to unlock all my domain names that they tried to steal and they told me I couldn't use any of their services until I paid their ransom demand.

I thought it was resolved after I told them I was not paying their ransom and that charging for a charge back is very unethical.

In the last week, I starting receiving more threatening emails informing me to not use their service and after my domains expire, I would have to transfer them out. They didn't like my response to their threat so they are now saying I have to transfer all domain names out by tomorrow or they will once again hijack them from me.

What is everyone's thoughts on this?

Do I need to hire a domain name attorney?

Thank you.

 

[NameVisual]

What is obvious is that the portfolio was not worth the price of the chargeback. So... maybe NC are even doing you a favor. Playing the devil's advocate a bit but still.

Come on now.

 

[MapleDots]

@NameVisual

Post the domains and maybe we can give you some constructive input.
If they are worth covering the costs you can always sell them (assuming they can be retrieved) and if the buyer gets possession you might be able to make some money.

1. Tell us the domains
2. Tell us the amount owed to namecheap
3. Lets give you proper advice to see if you should move on or pursue.

It's actually a simple scenario and it could draw this to a conclusion.

The members will look at your names objectively and the costs thereof and give you constructive advice.

 

[MapleDots]

I forgot to add this....

Directly from the TOS of one of my four companies.

" Anyone submitting a charge back from the credit card company to circumvent our return policies, or because they do not remember the charge, will be liable for a $250 service charge and all legal expenses thereof. "

 

[NameVisual]

I forgot to add this....

Directly from the TOS of one of my four companies.

" Anyone submitting a charge back from the credit card company to circumvent our return policies, or because they do not remember the charge, will be liable for a $250 service charge and all legal expenses thereof. "

Great, thanks for posting this but that is for your company. What does your merchant TOS say?

 

[NameVisual]

MERCHANT TOS

3. Processing Transactions; Disputes, Refunds, Reversals

Except where Stripe and a Customer have otherwise agreed, you maintain the direct relationship with your Customers and are responsible for: (i) acquiring appropriate consent to submit Charges through the Payment Processing Services on their behalf; (ii) providing confirmation or receipts to Customers for each Charge; (iii) verifying Customers’ identities; and (iv) determining a Customer’s eligibility and authority to complete Transactions. However, even authorized Transactions may be subject to a Dispute. Stripe is not responsible for or liable to you for authorized and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorization or in error, or violate any Laws.

4. Responsibilities and Disclosures to Your Customers

It is very important to us that your Customers understand the purpose, amount, and conditions of Charges you submit to us. With that in mind, when using the Payment Processing Services you agree to: (i) accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency prior to submitting it to the API; (ii) provide a receipt that accurately describes each Transaction to Customers; (iii) provide Customers a meaningful way to contact you in the event that the product or service is not provided as described; (iv) not use Services to sell products or services in a manner that is unfair or deceptive, exposes Customers to unreasonable risks, or does not disclose material terms of a purchase in advance; and (v) inform Customers that Stripe and its affiliates process Transactions (including payment Transactions) for you. You also agree to maintain and make available to your Customers a fair and neutral return, refund, cancellation, or adjustment policy, and clearly explain the process by which Customers can receive a Refund.

If you engage in Transactions with Customers who are individuals (i.e. consumers), you specifically agree to provide consumers disclosures required by Law,and to not engage in unfair, deceptive, or abusive acts or practices (“UDAAP”).

 

[MapleDots]

This is in my TOS and any client has to agree to it to make a purchase. It does not say you cannot make a chargeback but it is clear in saying if you use it to try and circumvent our return policy or if you forget you made the purchase.

I had someone say to me he forgot who I was so he had to hit the chargeback link. That is when I updated the TOS so the next client would be liable. Every client must hit agree before they can make a purchase.

 

[offthehandle]

Can’t believe you lost $200 and all this stuff in this thread? Lawsuits? I had a deadbeat renter, lost $8,000. No lawyer would touch it. Not enough money. I had a car damaged by a major carwash, $2000. repairs again nobody would touch it.

In order to be successful in life and business is to pick your battles, like the saying goes “You won the battle, but lost the war”. Your lost time and energy, and loss of enthusiasm over this minor deal is sad to see. The anger over this seems beyond normal.

Being new here, I will help you out and post some real scandals so maybe you might gain perspective on this forum.

https://www.namepros.com/threads/bidding-on-your-own-names-at-namejet.1030874/

https://www.namepros.com/threads/le...s-idea-of-owners-bidding-in-auctions.1030988/

https://www.namepros.com/threads/rant-to-brand-bucket.1025221/

 

[NameVisual]

This is in my TOS and any client has to agree to it to make a purchase. It does not say you cannot make a chargeback but it is clear in saying if you use it to try and circumvent our return policy or if you forget you made the purchase.

I had someone say to me he forgot who I was so he had to hit the chargeback link. That is when I updated the TOS so the next client would be liable. Every client must hit agree before they can make a purchase.

That's great but what does your merrchants TOS say?

Anything like this:

It is very important to us that your Customers understand the purpose, amount, and conditions of Charges you submit to us. With that in mind, when using the Payment Processing Services you agree to: (i) accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency prior to submitting it to the API; (ii) provide a receipt that accurately describes each Transaction to Customers; (iii) provide Customers a meaningful way to contact you in the event that the product or service is not provided as described; (iv) not use Services to sell products or services in a manner that is unfair or deceptive, exposes Customers to unreasonable risks, or does not disclose material terms of a purchase in advance; and (v) inform Customers that Stripe and its affiliates process Transactions (including payment Transactions) for you. You also agree to maintain and make available to your Customers a fair and neutral return, refund, cancellation, or adjustment policy, and clearly explain the process by which Customers can receive a Refund.

If you engage in Transactions with Customers who are individuals (i.e. consumers), you specifically agree to provide consumers disclosures required by Law,and to not engage in unfair, deceptive, or abusive acts or practices (“UDAAP”).

As long as your website is not deceptive like Namecheap, you won't have to worry about anything.

Make sure you don't have a charge on a purchase a year later after the customer paid in full at the time of order like Namecheap does.

Don't try to hide disclaimers in your TOS and not have disclaimers on the order page like Namecheap does.

If a customer request the name of your merchant account you should tell them if it's in your merchants TOS. In the merchants TOS that Namecheap uses, it states that they must tell customers who the merchant is if they ask, Namecheap doesn't do that. Someone in live chat told me that the merchant information is not available to customers.

If you haven't done so yet, you may want to read through your merchants TOS. I am saying that to sincerely help you avoid any TOS violations like Namecheap does.

Good luck.

 

[Name Trader]

Can’t believe you lost $200 and all this stuff in this thread? Lawsuits? I had a deadbeat renter, lost $8,000. No lawyer would touch it. Not enough money. I had a car damaged by a major carwash, $2000. repairs again nobody would touch it.

He lost more than that. Lets start with the 100 domains (approx) whoisguard fees which he didn't want to pay x 2.99 = $299. Which I presume was his total chargeback by the bank (in a total of 3 chargebacks). Say $300. he's paid 2 years registration/renewals/transfers Say, at least, $2000. And has only 1 domain to show for it.

I did advise him from the beginning that the safest way for him to proceed was to pay the $300 NameCheap were asking to settle his dispute. And then he could have had a clean slate with NameCheap and transferred them at will. Anytime he wanted. And his investment in his portfolio would have been protected. All went out of the window by not settling with NameCheap. And he lost an approx total investment of $2300*. Possibly more. So much for not backing down, when you are wrong. Ce la vie.

* Excluding chargeback fees. Which he says he won't pay. So I didn't include it in his investment.

 

[NameVisual]

Can’t believe you lost $200 and all this stuff in this thread? Lawsuits? I had a deadbeat renter, lost $8,000. No lawyer would touch it. Not enough money. I had a car damaged by a major carwash, $2000. repairs again nobody would touch it.

In order to be successful in life and business is to pick your battles, like the saying goes “You won the battle, but lost the war”. Your lost time and energy, and loss of enthusiasm over this minor deal is sad to see. The anger over this seems beyond normal.

Being new here, I will help you out and post some real scandals so maybe you might gain perspective on this forum.

https://www.namepros.com/threads/bidding-on-your-own-names-at-namejet.1030874/

https://www.namepros.com/threads/le...s-idea-of-owners-bidding-in-auctions.1030988/

https://www.namepros.com/threads/rant-to-brand-bucket.1025221/

Sorry to hear about your losses. There is the option to file in small claims court and it only cost around $100 to do so. I think it would be worth it to take the car wash to small claims court and get them to pay you the $2,000. You might even be able to make them pay your $100 court cost too.

 

[NoBS]

Page 11

 

[offthehandle]

Thanks I am well aware of small claims, but chose at the time not to chase down these dinky amounts in small claims court, because at the time I was too busy making a lot more money at my other business to spend negative energy. When things are going well you have positive energy and enthusiasm, I have found better to avoid smaller transactions get in the way of larger ones. Losing money comes with making it. Its all a personal risk management thing. Terms and Conditions, now everybody is calling TOS online are something most of do not read, and the lawyers purposely write them so you don’t read them.

Some of the contracts I refused in the past were simply because the customer had 30 pages of draconian terms and written so twisted up, I simply refused the order. I had one instance where a large Multinational corp placed an order. They were notorious for screwing small vendors, long history and story won’t go into it. I refused to sign on as an approved vendor because they faxed like 50 pages of crap, worse than tons of FAR’s with Uncle Sam. So after that, the end user decides to bypass purchasing (for immediate emergency) needs it was through an outside agency (usually not affiliated), and my PO acceptance was on my terms, but when it came time to cut the check at net 30, stretched to net 90 they refused to pay and forced me to sign those stupid terms. It’s shit, some corporations have no regard for small businesses.

Years of being up against this wars of T’s and C’s stuff, I decided to let it go and ignore reading most any of it.

I didn’t see anywhere in the first few pages what @stub said just now adding up to $2300. So all it appeared was $600 at the most, they were settling with you for $200, hence my comment.

Namecheap I have a couple accounts and had tech support immediately help, online chat from Ukraine. Smart people, nice people. No billing issues I know of.

Namesilo who participates here is great, someone mentioned that early on.
Good luck with this situation.

 

[Name Trader]

I didn’t see anywhere in the first few pages what @stub said just now adding up to $2300. So all it appeared was $600 at the most, they were settling with you for $200, hence my comment.

Namecheap I have a couple accounts and had tech support immediately help, online chat from Ukraine. Smart people, nice people. No billing issues I know of.

Namesilo who participates here is great, someone mentioned that early on.
Good luck with this situation.

The $600 was the initial Chargeback Fees which were reduced to $300. Goodness knows what they'll be when he talks to their Legal Dept. The $2000 was for 2 years registrations (1 for this year and 1 for last year) for approx 99 domains which NameCheap are keeping since he refused to pay even the 50% reduction on the Chargeback Fees. So if the $300 had been paid he would have been clear and in good standing with NameCheap and be able to transfer his domains out, without loss, except for a cash-flow problem, to transfer the domains to another registrar. ALL OF THIS COULD HAVE BEEN AVOIDED IF HE'D REMOVED THE WHOISGUARD FROM HIS RENEWALS BEFORE THE AUTOMATED PAYMENT KICKED IN. Which Namecheap had notified him was coming down the pike, with their Renewal Notices. Which was gross negligence on his part.

But instead, now he is down by 99 domains (approx), and 1 domain was saved (transferred). And with his No Back Down attitude, it looks like it's going to stay that way. His FTC claims won't fly either. Where I come from that's called "up the creek without a paddle".

 

[NameVisual]

Thanks I am well aware of small claims, but chose at the time not to chase down these dinky amounts in small claims court, because at the time I was too busy making a lot more money at my other business to spend negative energy. When things are going well you have positive energy and enthusiasm, I have found better to avoid smaller transactions get in the way of larger ones. Losing money comes with making it. Its all a personal risk management thing. Terms and Conditions, now everybody is calling TOS online are something most of do not read, and the lawyers purposely write them so you don’t read them.


Some of the contracts I refused in the past were simply because the customer had 30 pages of draconian terms and written so twisted up, I simply refused the order. I had one instance where a large Multinational corp placed an order. They were notorious for screwing small vendors, long history and story won’t go into it. I refused to sign on as an approved vendor because they faxed like 50 pages of crap, worse than tons of FAR’s with Uncle Sam. So after that, the end user decides to bypass purchasing (for immediate emergency) needs it was through an outside agency (usually not affiliated), and my PO acceptance was on my terms, but when it came time to cut the check at net 30, stretched to net 90 they refused to pay and forced me to sign those stupid terms. It’s sh*t, some corporations have no regard for small businesses.

Years of being up against this wars of T’s and C’s stuff, I decided to let it go and ignore reading most any of it.

I didn’t see anywhere in the first few pages what @stub said just now adding up to $2300. So all it appeared was $600 at the most, they were settling with you for $200, hence my comment.

Namecheap I have a couple accounts and had tech support immediately help, online chat from Ukraine. Smart people, nice people. No billing issues I know of.

Namesilo who participates here is great, someone mentioned that early on.
Good luck with this situation.

You're welcome! I didn't mean to insinuate that you didn't know about small claims, I was just sayin'.

 

[NameVisual]

Update

New email from Namecheap today:

Risk Management Team
7:30 PM (10 minutes ago)

to me

Hello Mike,

This is to inform you that your Namecheap accounts along with domain names are unlocked until 8 a.m. EST Monday, February 26. It is required to transfer the services within the provided timeframe, otherwise, we will be forced to block your accounts.

Please let us know if you need any assistance with transfers.


---------------------
Regards,
Christina P.
CFC Manager, Risk Management
Namecheap, Inc.


Ticket Details
Ticket ID: LQH-800-28578
Department: Risk Management
Type: Issue
Status: Awaiting Staff Response
Priority: High

Helpdesk: https://support.namecheap.com/index.php?

 

[Mamdouh Soliman]

Start to transfer all your domains ASAP!!
I advice you to transfer your domains to porkbun.com, simple interface and whois privacy always free!
It takes 5 mins to transfer all your domains to porkbun.com
Good luck!!

 

[NameVisual]

Start to transfer all your domains ASAP!!
I advice you to transfer your domains to porkbun.com, simple interface and whois privacy always free!
It takes 5 mins to transfer all your domains to porkbun.com
Good luck!!

Thank you! Transferring 75 domain names is very expensive so I may have to let some go.

 

[NameVisual]

Email from Namecheap regarding the hidden WhoIs charges from 2017:


Posted on: 07 September 2017 05:45 AM
Hello Michael,

Thank you for reaching out to us.

We are truly sorry for the inconveniences that you have experienced with the renewal pricing of WhoisGuard subscription.

It goes without saying that we strive to provide the exceptional customer service and we would never deceive our customers in such way.

We admit that the information that WhoisGuard renewal might be hard to find and we understand how frustrating it might be to find this out after being billed.

We do value you as our customer and would like to compensate for that frustration. We want to provide you with a better tier pricing that is usually given to those who have registered 500+ domains with us. We are glad to assign special pricing to your account which makes you eligible to:

- register .COM domains at $9.16 + $0.18 ICANN fee, .NET domains at $11.49 + $0.18 ICANN fee, .BIZ domains at $12.06, .ORG domains at $10.51, .INFO domains at $11.23;

- renew/reactivate .COM domains at $9.16 + $0.18 ICANN fee, .NET domains at $11.49 + $0.18 ICANN fee, .BIZ domains at $12.06,

.ORG domains at $10.51 and .INFO domains at $11.23;

- transfer .COM domains at $8.69 + $0.18 ICANN fee, .NET domains at $11.02 + ICANN fee, .BIZ domains at $12.06, .ORG domains at $10.04 and .INFO domains at $11.23;

- purchase and renew WhoisGuard subscriptions at $0.99.

Once again, please accept our deepest apologies for any possible inconveniences.

Please let us know if we can be of any assistance to you.

-----------
Best regards,
Den
Billing Department
Namecheap Group
http://www.namecheapgroup.com


"We admit that the information that WhoisGuard renewal might be hard to find and we understand how frustrating it might be to find this out after being billed." - Namecheap, 2017