Doteasy is holding my domain for ransom!!!

[furca]

My question:

Please unlock the condolencepoems.com domain.

Their reply:

Hello Andrew,

Thanks for contacting Doteasy.

It seems your domain was signed up on a promotional domain sale. In order to transfer the domain away, you will be required to pay a US$20 domain transfer fee while your domain is still in the term of the promotional sale (ie. the 1st year).

If you wish to pay the domain transfer fee, we can send a domain transfer fee form to you at **email removed**.

Note that if your domain is expired, you can also pay the domain transfer fee to move it elsewhere.

The other option is to renew the domain with Doteasy and then wait 60 days before trying to transfer the domain away. A domain unlock form will be needed to be filled out at that time.

ie. You renew the domain for 1 year (US$25) then you wait 60 days after the 1st year is over to contact us to transfer the domain

Note that your hosting account is still active. Hosting and domain are separate services, so the Doteasy hosting account is not automatically canceled when the domain expires or is transferred away. It is recommended that you also cancel the hosting account if you no longer need it. That way you can avoid the mandatory Basic hosting fee. Basic hosting is only free when the domain is registered with Doteasy and active.

If you wish to pay the domain transfer fee, let us know and we will send you the form.

Regards,

Albert
Doteasy Customer Service
"Join the hosting revolution!"

Consolidated, centralized help 24/7. Doteasy Support Centre. Get hosting help now.
http://www.doteasy.com/Support

 

[Tia Wood]

It may suck but it's either $25 + 60 days or $20 to be done with it.

 

[furca]

Can I take legal action?

 

[katherine]

You need to review the terms of that 'promotional' offer carefully. Was that part of a hosting package ?

 

[DomainsInc]

you'd be wasting your time. just pay the 20 bucks, move on and avoid them in the future.

 

[theinvestor]

legal action LOL

you are having trouble paying $20 and you want to take legal action? just drop the name and hand register it where you want. lol

 

[furca]

I am not having trouble paying $20, it is just that I do not want to pay redic. fees.

 

[Theo]

It's most definitely illegal to refuse the provision of the auth code, as long the domain isn't younger than 60 days old.

 

[furca]

I have the auth code but they refuse to unlock the domain, what should I do? I've done this

1) Given them my number so that a supervisor will call me
2) Contacted In2Net (the registrar that my domain is under) asking for them to unlock my domain because DotEasy refuses

 

[Theo]

The domain is more than 60 days old, therefore you should be able to transfer it. For academic purposes, what was the registration cost that they claim it was a "special"?

 

[tekz999]

thats tricky, but who told you to register domain in there for cheap? if price is cheap, then you take your own risk and face the outcome.

 

[furca]

Dear Andrew,

Doteasy 10th Anniversary Domain and Hosting Specials Extended!

Due to all of the fantastic excitement around our Perfect 10th Anniversary
promotions, we are happy to announce that we are extending both the US$1
Domain Sale and 12-Months Free Unlimited Hosting Service promotions to run
through October 27, 2010.

>From now until October 27, 2010, we will continue to give away 10,000 new
1-yr domain registrations per day at US$1 each. This offer is available to
all major domain extensions:

.COM/.NET/.ORG/.BIZ/.INFO/.MOBI/.US/.UK/.CA

We are also extending our free Unlimited Hosting service offer! The Unlimited
Hosting service is our most popular web hosting plan and we are giving new
domain and transfer hosting accounts a chance to try it for free for 12 months!
The Unlimited Hosting service comes with unlimited disk storage and monthly
data transfer, and for a limited time, we will include a unique IP address
in the service plan free-of-charge! This service is regularly priced at
US$9.95/month (a US$119.40/yr value).

To take advantage of the 12-month free Unlimited Hosting service and the
US$1 New Domain promotions, you will need to use the following coupon codes:

.COM/.NET/.ORG/.BIZ/.INFO/.MOBI/.US Coupon Code: 20101010G2

.UK Coupon Code: 20101010U2

.CA Coupon Code: 20101010C2

12-Months Free Unlimited Hosting Coupon Code: 201010UHF1

*limit one coupon code per customer

Don't forget to pass this great savings to your friends and family!

Hurry as both promotions will end on October 27, 2010.

Thank you for 10 perfect years!


Sincerely,


The Doteasy Team




If you prefer not to receive further promotional mailings or member
newsletters from Doteasy, you may choose to unsubscribe via the
following link and we will promptly update your preferences.

https://member.doteasy.com/index.cfm?R=OPO

Or mail us a written request to: UNSUBSCRIBE, Doteasy Technology Inc.,
Suite 210 - 3602 Gilmore Way, Burnaby, BC, V5G 4W9, Canada

This was the promotion email. I paid $1 for the domain. I am not using the hosting, just the domain. I have my own server.

 

[Melly]

I understand that you would be upset about this but why would you even consider seeking legal action for something that would cost you $20 to solve? To prove a point? Is it really worth the headaches, money and your time when you could pay it and be done. Sure its fine to warn others to stay away from the company and do your best to prevent others from being screwed but it seems silly to even entertain legal action.

 

[Dave Zan]

And by the time legal action is resolved one way or the other, the domain name might even
be dropped and taken by someone else. That essentially makes the whole thing moot.

Sure it feels like they're "holding your domain name hostage". Like any commercial order, it's
got terms and conditions one can do.

It's also fine to so-called warn others about offers like this. Don't know what you'll do in the
meantime if the domain is that important to you, though.

Good luck.

 

[furca]

Update:

Supervisor called me back and left a voicemail he basically said.

1) I agreed to the TOS when I bought the domain
2) Look at ICANN Q&A and there is a quesiton about transfer fee and its allowed

So, basically. Can't a company charge $500,000 transfer fee per domain? Basically, holding it for ransom.

Thoughts?

---------- Post added at 06:31 PM ---------- Previous post was at 06:13 PM ----------

Update: The ICANN policy states this:

Upon denying a transfer request for any of the following reasons, the Registrar of Record must provide the Registered Name Holder and the potential Gaining Registrar with the reason for denial. The Registrar of Record may deny a transfer request only in the following specific instances:

Evidence of fraud
UDRP action
Court order by a court of competent jurisdiction
Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.
A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs). "Transferred" shall only mean that an inter-registrar transfer has occurred in accordance with the procedures of this policy.

---------- Post added at 06:42 PM ---------- Previous post was at 06:31 PM ----------

I just filed a complaint with ICANN. I also send a message to in2net registrar requesting a callback and/or unlocking of my domain.

 

[DN BROKER]

pay the $20 and move on all hosting companies that promote their service with a domain name always charge a fee for transfer out, as a Domainer you should know better!

 

[Theo]

It's a matter of principle: they are full of shit. Good on you for filing a complaint. They have no right to charge a fee to transfer out a domain, it's completely illegal.

 

[Dave Zan]

They have no right to charge a fee to transfer out a domain, it's completely illegal.

Unfortunately not necessarily:

http://www.icann.org/en/transfers/dnholder-faq-03nov04.htm

My registrar is charging me a fee to transfer to a new registrar. Is this allowed?

Yes. Registrars are allowed to set their own prices for this service.

Then again, we're talking about a reseller for a registrar here. Rather muddy.

OP, how long until the domain expires?

 

[furca]

I have a while until it expires which is why I am waging this dispute, if it were getting close to the cut-off date I would not take such risks. I decided to consolidate all of my domains under 1 registrar early, so I would have time to sort out any attempts to screw me over. This is the only domain I have with the company. The domain expires 8-2-2011.

Here is my most recent support ticket update:

Hi,

After reviewing the registrar document pertaining to transfers, it seems
that you are illegally holding my domain.

http://www.icann.org/en/transfers/policy-en.htm

I urge you to read this document, specifically #3.

"A domain name was already in “lock status” provided that the Registrar
provides a readily accessible and reasonable means for the Registered
Name Holder to remove the lock status."

Charging a fee to push a "button" to unlock a domain is not reasonable.

Further, the document states:

The Registrar of Record has other mechanisms available to collect
payment from the Registered Name Holder that are independent from the
Transfer process. Hence, in the event of a dispute over payment, the
Registrar of Record must not employ transfer processes as a mechanism to
secure payment for services from a Registered Name Holder. Exceptions to
this requirement are as follows:

(i) In the case of non-payment for previous registration period(s) if
the transfer is requested after the expiration date, or

(ii) In the case of non-payment of the current registration period, if
transfer is requested before the expiration date.

----

You may NOT use the transfer process as a mechanism to secure payment
for services from a registered name holder. I am a registered name
holder, and I am requesting you unlock my domain so that I can transfer
it. Failure to unlock the name is a breach of this policy and a
hindrance to my attempt to transfer the domain out of your service.

The Q&A by ICANN that your supervisor referred to over the phone is not
binding, this document that I have referenced above is. Please unlock
the name immediately so that I can transfer it our of your service.

I have a few reasons for wanting to do this

1) I do not trust you. You are not following ICANN regulations.
2) You hide tricky things in your terms of service.
3) Your renewal fee is outrageous.

---------- Post added at 09:05 PM ---------- Previous post was at 08:15 PM ----------

They replied with

Hello Andrew,

We are providing you with a reasonable means for the Registered Name Holder to remove the lock status. As a part of the procedure, according to our "Service Terms & Conditions", you are subject to a Domain Transfer Fee.

- http://www.doteasy.com/Terms/index.cfm?T=TAC#8
***************
Members who have purchased their domain name registration at a promotional price are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term.

General Domain Transfer Fee (.com, .net, .org, .biz, .info, .mobi, .us, .eu) US$20.00
***************


And, according to ICANN policy, we can charge a fee to transfer to a new registrar. We are not employing transfer process as a mechanism to secure payment for services from Doteasy. Once again, it is a "Domain Transfer Fee".

- http://www.icann.org/en/transfers/dnholder-faq-03nov04.htm
***************
My registrar is charging me a fee to transfer to a new registrar. Is this allowed?

Yes. Registrars are allowed to set their own prices for this service.
***************

Should I reply that they aren't a registrar? And WHY does ICANN allow this? They could theoretically charge $500,000 for the service thus making domain transfers nonsensical.

 

[katherine]

This is the catch:

Members who have purchased their domain name registration at a promotional price are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term.

General Domain Transfer Fee (.com, .net, .org, .biz, .info, .mobi, .us, .eu) US$20.00

You agreed with the terms by purchasing that domain as part of their 'promotion'.

One good reason to avoid resellers and only use fully-fledged registrars, at least you can complain to icann when it involves a registrar.
When it's a reseller all you can do is complain with the upstream registrar, that probably won't help here.