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    old MSP won't give up domain name

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    • scottalanmillerS
      scottalanmiller @Alex Sage
      last edited by

      @aaronstuder said in old MSP won't give up domain name:

      @scottalanmiller said in old MSP won't give up domain name:

      This is identity theft and could represent tens of thousands of dollars of value.

      :rolling_eyes:

      Small claims now could limit legal options in the future.

      A 1 Reply Last reply Reply Quote 0
      • A
        Alex Sage
        last edited by

        On second thought, a certificated letter might do the trick too. But I agree with @scottalanmiller one from a lawyer would be better 😉

        1 Reply Last reply Reply Quote 0
        • IRJI
          IRJ
          last edited by

          I am not sure that the Customer can legally do anything. Old MSP could always say they were renting use of the domain name (which would be perfectly acceptable). Unless there is documentation that says 100% clearly that the Customer owns the domain name, I think legally you are in trouble.

          Anyone can buy any domain name. You don't need a registered business to snag a domain name.

          P.S. I would create a full backup of the website IMMEDIATELY

          scottalanmillerS 1 Reply Last reply Reply Quote 1
          • A
            Alex Sage @scottalanmiller
            last edited by

            @scottalanmiller I understand that, but 95% of the time it causes the other party to act right. You can always drop the case before the court date.

            scottalanmillerS 1 Reply Last reply Reply Quote 0
            • scottalanmillerS
              scottalanmiller @IRJ
              last edited by

              @IRJ said in old MSP won't give up domain name:

              I am not sure that the Customer can legally do anything. Old MSP could always say they were renting use of the domain name (which would be perfectly acceptable). Unless there is documentation that says 100% clearly that the Customer owns the domain name, I think legally you are in trouble.

              Anyone can buy any domain name. You don't need a registered business to snag a domain name.

              P.S. I would create a full backup of the website IMMEDIATELY

              Yeah. This is what I was hinting at. Unless they have absolutely clear billing on this, they don't appear to be the owner. Vendors paying for things like this and renting them to SMBs who don't want to pay up front isn't unheard of. It's a valid business model and I've certainly seen it happen.

              A 1 Reply Last reply Reply Quote 0
              • scottalanmillerS
                scottalanmiller @Alex Sage
                last edited by

                @aaronstuder said in old MSP won't give up domain name:

                @scottalanmiller I understand that, but 95% of the time it causes the other party to act right. You can always drop the case before the court date.

                I've ever tried it. The fear here is that they will lose.

                A 1 Reply Last reply Reply Quote 0
                • scottalanmillerS
                  scottalanmiller
                  last edited by

                  Also get another domain name and prep for a switch over. Every minute counts if they want to mitigate identity theft damage. They have to be prepared in case they lose the suit.

                  1 Reply Last reply Reply Quote 1
                  • IRJI
                    IRJ
                    last edited by

                    Honestly instead of threating legal action, I would try to negotiate with the old MSP. Offer to pay for the remaining term of the domain name and see if they release it. ($100 or so).

                    I seriously would offer them money right off the bat. Sometimes it is worth paying a ransom to get out of a bad situation. Now you move on and have no reason to deal with them again.

                    scottalanmillerS 1 Reply Last reply Reply Quote 4
                    • scottalanmillerS
                      scottalanmiller @IRJ
                      last edited by

                      @IRJ said in old MSP won't give up domain name:

                      Honestly instead of threating legal action, I would try to negotiate with the old MSP. Offer to pay for the remaining term of the domain name and see if they release it. ($100 or so).

                      I seriously would offer them money right off the bat. Sometimes it is worth paying a ransom to get out of a bad situation. Now you move on and have no reason to deal with them again.

                      Especially if they might not really own the domain name.

                      1 Reply Last reply Reply Quote 1
                      • Mike DavisM
                        Mike Davis
                        last edited by

                        They have already paid him for the next year. He charged them $25 a domain name and registered 9 other domain names. (the .us .org .biz extensions) None of the other domain names point to the primary domain name.

                        JaredBuschJ scottalanmillerS 2 Replies Last reply Reply Quote 0
                        • JaredBuschJ
                          JaredBusch @Mike Davis
                          last edited by

                          @Mike-Davis said in old MSP won't give up domain name:

                          They have already paid him for the next year. He charged them $25 a domain name and registered 9 other domain names. (the .us .org .biz extensions) None of the other domain names point to the primary domain name.

                          That is not relevant. The only thing that is relevant is what the contract billing terms said when they paid him for the domain .

                          1 Reply Last reply Reply Quote 2
                          • scottalanmillerS
                            scottalanmiller @Mike Davis
                            last edited by

                            @Mike-Davis said in old MSP won't give up domain name:

                            They have already paid him for the next year. He charged them $25 a domain name and registered 9 other domain names. (the .us .org .biz extensions) None of the other domain names point to the primary domain name.

                            And? That sounds like they don't own it, just lease it. Certainly doesn't mean anything useful.

                            wirestyle22W 1 Reply Last reply Reply Quote 0
                            • wirestyle22W
                              wirestyle22 @scottalanmiller
                              last edited by wirestyle22

                              @scottalanmiller said in old MSP won't give up domain name:

                              @Mike-Davis said in old MSP won't give up domain name:

                              They have already paid him for the next year. He charged them $25 a domain name and registered 9 other domain names. (the .us .org .biz extensions) None of the other domain names point to the primary domain name.

                              And? That sounds like they don't own it, just lease it. Certainly doesn't mean anything useful.

                              If they lease it @mike-davis has no recourse. Determining legal ownership is the next step and should be done through a lawyer.

                              1 Reply Last reply Reply Quote 0
                              • A
                                Alex Sage @scottalanmiller
                                last edited by

                                @scottalanmiller But they billed them for it... I guess they could claim that was a rental fee?

                                scottalanmillerS 1 Reply Last reply Reply Quote 0
                                • scottalanmillerS
                                  scottalanmiller
                                  last edited by

                                  Here is the obvious problem.... why would a non-registrar be paid for a domain name? If they wanted to own it they would have bought it from the registrar. The logical thing would be that they are leasing it along with management services of it, that's the only time it would make sense to pay the MSP for this annually. So this looks very bad.

                                  1 Reply Last reply Reply Quote 0
                                  • scottalanmillerS
                                    scottalanmiller @Alex Sage
                                    last edited by

                                    @aaronstuder said in old MSP won't give up domain name:

                                    @scottalanmiller But they billed them for it... I guess they could claim that was a rental fee?

                                    That would be the expectation. Same as paying for an email account from GoDaddy - stop paying and they reclaim it.

                                    1 Reply Last reply Reply Quote 1
                                    • scottalanmillerS
                                      scottalanmiller
                                      last edited by

                                      This does suggest that the MSP can't pull any stunts till the annual term is up, not easily anyway. So there is time to move to another domain name. But if they don't prepare another domain name the MSP will be a real estate investor looking to get a lot for the name.

                                      1 Reply Last reply Reply Quote 0
                                      • A
                                        Alex Sage @scottalanmiller
                                        last edited by

                                        @scottalanmiller said in old MSP won't give up domain name:

                                        I've ever tried it. The fear here is that they will lose.

                                        That's why you don't go to court. You drop the case before it goes to court.

                                        scottalanmillerS 1 Reply Last reply Reply Quote 0
                                        • scottalanmillerS
                                          scottalanmiller @Alex Sage
                                          last edited by

                                          @aaronstuder said in old MSP won't give up domain name:

                                          @scottalanmiller said in old MSP won't give up domain name:

                                          I've ever tried it. The fear here is that they will lose.

                                          That's why you don't go to court. You drop the case before it goes to court.

                                          But dropping it would signal that you expected to lose, right?

                                          A 1 Reply Last reply Reply Quote 0
                                          • momurdaM
                                            momurda
                                            last edited by

                                            Why isnt the owner of the company dealing with this?
                                            He goes to their place of business, demand they do what they are supposed to do, preferably while customers or potential customers are there. Make noise, more noise, and more noise. Stand outside front door saying how bad these assholes are and what they are doing to him. All those customers walk away and the msp loses more money.
                                            Letting people steal from you(even if it is imaginary property)? Letting people hold your business hostage? Really unbelievable the owner isnt doing anything about this himself.

                                            wirestyle22W JaredBuschJ scottalanmillerS 3 Replies Last reply Reply Quote 0
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