alert Pay per click ads at expired domains

[dr manos]

I transferred the post at this sub forum as had a case recently, fortunately ended ok

Also applies at not only expired names (my case was on expired as nameservers changedby registrar) ,
so better change default nameservers of your registrars when registering a name as well.

I think is difficult case maybe John Berryhill?

Many registrars just after expiration of names put their DNS and a landing page appears with pay per click ads (with their ad accounts obviously).

Think of this scenario:

Name is 3 or 4 L, registered for a specific project that fits acronym, but there are also many other possible acronyms
with these letters. Usually also some companies may use the acronym.
If there is a company for example that sell shoes and use the acronym and ads appear
about rivals who sell shoes is not it an infringement?

So my question is, if someone has legal knowledge about it.

Is it legal for registrars to put ads at expired names of all customers without authorization?

And if it is, as after expiration they have control of name, if a legal case occurs about the ads are they responsible exclusively for it and not the customer?

Most investors do not renew all names every year, or do not renew in time as can do in 40 days, so why to have this risk for 40 days if will decide to not renew?

Thanks in advance

 

[jberryhill]

Is it legal for registrars to put ads at expired names of all customers without authorization?

What do you mean by "without authorization"?

Did you agree to the registrars terms?

GoDaddy:

https://www.godaddy.com/legal/agreements/domain-name-registration-agreement

Return To Parked Page Default Setting Upon Domain Name Expiration. Upon domain name expiration, and regardless of how you use your domain name during the term of your domain name registration, your domain name will automatically return to the Parked Page Default Setting described above. As used in this paragraph, “expiration” is deemed to include any “renewal period” or “redemption period” immediately after the domain name expires, but before the domain name is returned to the registry. Once your domain name has returned to the Parked Page Default Setting described above, the only way to opt out of the Parked Page service is to renew, redeem, or re-register your domain name in accordance with Section 2(B), Domain Name Renewal Terms, of this Agreement.
Network Solutions:
https://assets.web.com/legal/English/DomainNameRegistrationServices.pdf

Registrant agrees that failure to renew the domain name prior to expiration results in the
immediate cancellation of registration and loss of all rights to the domain name. In the
event of expiration, Web.com may direct the domain name to an IP address designated
by Web.com that states the domain name registration has expired with instructions for
renewal and may further direct the domain name to, without limitation, an IP address
which hosts a parking, under construction or other temporary page that may include
promotions and advertisements for, and links to, (i) Web.com, (ii) Web.com product and
service offerings, (iii) third-party Websites, (iv) third-party product and service offerings,
(v) and/or Internet search engines, and Registrant agrees that we may place our contact
information in the WHOIS output for the expired domain name.

So, when you ask "Is it legal for registrars to put ads at expired names of all customers without authorization?" are you also saying that you looked at the terms of service to which every customer agrees, and you have verified there is no authorization?

Because most registrars that do this, have the customer's authorization to do it.

Aside from that, I'm always fascinated by the things people believe they are owed after expiration of their contract.

When you register a domain name, you are agreeing to a contract. The contract has a finite term, and then it expires. There are a couple of rules that ICANN imposes on registrar post-expiration obligations, but I cannot figure out why it is that so many people are fascinated by what happens to things to which they have allowed the contract to expire.

For example, I sign a lease to live in an apartment for one year. At the end of that year, yep, I have to move out and the landlord can move someone else in.

I hire someone to work for me for a year. At the end of that year, they stop showing up because they don't work for me anymore.

That's pretty much how contracts work.

As far as being held liable... if we are talking about a UDRP, then the only thing on the table is losing the domain name that you didn't pay to keep as yours in the first place. If we are talking about a lawsuit, most plaintiffs are trying to get the domain name transferred, they are not going to spend tens of thousands of dollars going after someone who isn't worth suing in the first place.

But the key problem with the OP is the phrase "without authorization". People don't read the terms of service for domain registrations, and then are surprised that registrars do the stuff that they actually write down and obtain agreement from the customer.

 

[dr manos]

Mr BerryHill, first thank you so much for reply and time, really appreciated.

I did not find something about ads at expired domains at contract, not talking for GD, it is another known registrar.

After a name expires as you know it enters the 40 days expiration period. Most registrars after expiration remove the customer's nameservers and a landing page appears. At this period and at specific registrar only action can be taken by customer is to renew the name.

If decide to drop the name, all 40 days pay per click ads will be at landing page.

So, if the contracts ends at date of expiration, customer i snot responsible for the ads for these 40 days?

Thank you very much again!!!

 

[jberryhill]

So, if the contracts ends at date of expiration, customer i snot responsible for the ads for these 40 days?

It's going to depend on the specific facts, and I'm not sure what you mean by being "responsible for the ads."

 

[pb]

It's going to depend on the specific facts, and I'm not sure what you mean by being "responsible for the ads."

I think the gist of the matter is: can the domain be lost in arbitration because the owner missed the renewal deadline and the registrar started displaying problematic ads on the domain. Even if it's regulated by a registrar contract, it's obviously different than the owner consciously parking the domain to monetize it.

 

[dr manos]

I think the gist of the matter is: can the domain be lost in arbitration because the owner missed the renewal deadline and the registrar started displaying problematic ads on the domain. Even if it's regulated by a registrar contract, it's obviously different than the owner consciously parking the domain to monetize it.

Yes this is exactly what i mean, and of course at contract renewing a domain is not an obligation, everyone drops some names.
What i am searching is that if contract expires at date of name expiration or after 70 days (40 expiration + 30 redemption) as at these 70 days if name is not grabbed from someone at auction can be renewed still by customer even with bigger fee.

 

[dr manos]

It's going to depend on the specific facts, and I'm not sure what you mean by being "responsible for the ads."

Thanks again John for coming back.

I mean if ads are problematic in a way that can drive to an infrigment

 

[topdom]

PPC ads are dangerous. Many registrars such as Dynadot, posts PPC ads on landing pages (even before expiration) and try to profit from them (without sharing the money with actual domain owners ). Someone can file udrp against your domain, and those PPC ads may not be mentioned in the original complaint, but they may be used against domain owner in the final decision as proof of bad faith. Corrupt udrp is helped by greedy disrespectful registrars.

Also, what happens to emails received by parked domains. You set nameservers (or they are already there), and whoever controls nameservers control everything, and receive emails and can send emails, and run scripts on landing pages, and you will never know it.

 

[dr manos]

PPC ads are dangerous. Many registrars such as Dynadot, posts PPC ads on landing pages (even before expiration) and try to profit from them (without sharing the money with actual domain owners ). Someone can file udrp against your domain, and those PPC ads may not be mentioned in the original complaint, but they may be used against domain owner in the final decision as proof of bad faith. Corrupt udrp is helped by greedy disrespectful registrars.

Also, what happens to emails received by parked domains. You set nameservers (or they are already there), and whoever controls nameservers control everything, and receive emails and can send emails, and run scripts on landing pages, and you will never know it.

exactly, that's why trying to find who is responsible for ads during expiring period