For many months--and with the help of the original site owner--we've been trying to get NS to allow the owner/registrant data to be changed. They're treating us like a business & asking for all sorts of commerical docs to establish ID (like utility bills). Neither our group nor our site is business related w. no staff, no bills, no revenue, etc. So we don't seem to be able to satisfy their criteria.
They also promise they'll do things by a certain date to free the domain but never fulfill the promises. WE're desperate to get our domain back.
I though of having an attorney on our board draft a ltr. to NS. Also, does ICANN get involved in disputes like this (or any other government agency)? Any other ideas how I can kick NS in the tush & get it to do the right thing?
After all, I wouldn't mind paying the fees to get the domain properly registered w. NS...you'd think they'd want that income too.
I volunteer for a small environmental non profit. A few yrs ago another volunteer registered our domain name w. Network Solutions & created a website. He moved away, let the site & domain lapse, & forgot his password/login data. So he no longer had any access to the site or domain.
If you mean the domain expired by "lapse", and it has been registered by another entity, it's going to be difficult to get the domain back.
For many months--and with the help of the original site owner--we've been trying to get NS to allow the owner/registrant data to be changed. They're treating us like a business & asking for all sorts of commerical docs to establish ID (like utility bills). Neither our group nor our site is business related w. no staff, no bills, no revenue, etc. So we don't seem to be able to satisfy their criteria.
Here you imply that the domain is still in the original owner's name and has not expired. In this case you should be able to transfer the domain to a registrar of your choice by initiating a transfer request.
An e-mail confirmation notice should be sent to the e-mail address listed in the WHOIS data.
Then again, if the domain hasn't expired the original owner should be able to request his log-in information from NetSol by supplying his password.
The original owner can't do anything associated w. the acct. because he has lost or forgotten password & all other related login data related to the domain.
I didn't understand what you meant by sending e mail confirmation. Did you mean that NS would send an e mail to the original owner's e mail to confirm his ID? If so, his original e mail address is no longer working & NS won't use his current e mail address because they claim we haven't satisfied their criteria for proving his ID. So that throws another wrinkle into the matter.
What, exactly, is NetSol asking who to produce and present in exactly what manner?
Usually it's a matter of proving that someone is who he/she represents he is and that he is the very same person as the person who is the original registrant of the domain.
I really don't see how we, here, can fix this in any way for you. You need to get clear about exactly what their requirements are and fulfill them. If there's a bona fide reason why proof sufficient to meet any one of their demands can't be produced then you need to offer a other competent proof why that demand cannot be met.
There comes a point where, if the domain is sufficiently important, that a limited sum may have to be spent on having a lawyer communicate on your behalf. You can keep your legal costs under control by doing as much prep work as can be done before presenting the matter to a lawyer.
>The original owner can't do anything associated w. the acct. because he has lost or forgotten password & all other related login data related to the domain.
My guess is the original owner will somehow have to prove to Netsol he really is the owner. First *he* has to get things cleared with NS. After that, he can transfer the domain to you.
A few yrs ago another volunteer registered our domain name w. Network Solutions & created a website.
If the original volunteer is listed as the registrant of the domain name, then there's nothing
netsol or any registrar can do except tell you to "seek legal advice". Registrars treat whoever
is listed as the registrant as the legal owner of the domain, no ifs ands or buts.
While many people will object to this, think of it this way: if I sent my friend to buy cigarettes
for me at the nearest 7-11 store, who do you think will the cashier think owns the cigarettes
after my friend pays up? Me or my friend?
Registrars encounter ownership disputes every single day. And it's never easy to fix them.
Bottom line: if what I said above is true, you either have to somehow find the registrant and
get him to change the info, or seek legal advice.
Do I understand why NS is doing this? Sure. I agree that domain security is a good thing. But all I ask is that NS try to modulate their policies in specific situations when small organizations cannot satisfy their rules which are meant solely for large businesses with staff, letterhead, bills & other identifying documents.
Finally, I'll add here in case anyone visits this thread in future what I've learned since creating this thread. Maybe it'll help someone sometime:
If you have a dispute with a domain registrar you may easily file an online complaint with ICANN and InterNIC, the agencies which oversee domain registrars. They will quickly pass on your complaint to the registrar who will contact you. Can't promise they'll resolve everything to your satisfaction, but at least it'll get the registrar's attention.
As a result of my complaint, NS has proposed two ways to resolve my problem:
1. get a court order authorizing me as a representative of my organization to assume control of the domain name. This doesn't have to be expensive or complicated esp. if your group can call upon some pro bono legal representation. Basically, the judge is telling the company that I've established to his satisfaction that I am who I say I am and that the group exists & authorizes me to take control.
2. get a notary public to sign a statement in which I identify myself as an authorized representative of my group who wishes to take control of its domain name.
I'm trying #2 first to see if it works. I'll let you know if it does.
[edited by: Webwork at 11:33 pm (utc) on Aug. 4, 2005]
[edit reason] Please avoid comments about comments. [/edit]
For many months--and with the help of the original site owner--we've been trying to get NS to allow the owner/registrant data to be changed.
If you're in communication with the person who registered the domain there really shouldn't have been that much of a problem. Yeah, it's a bit of a kink-up, but NS does -- or at least did -- have procedures in place for folks who can't access their accounts or who's e-mail addresses are no longer active. I believe it involved faxing in a letter and a copy of a photo ID or something along those lines.
Once the original owner regains access the domain can be unlocked and then a transfer initiated.
This is really not an out of the norm situation. I'm quite surprised this got to be this much of a problem if the original owner is available. Was there some sort of miscommunication between/among you/him/NS?
NS does -- or at least did -- have procedures in place for folks who can't access their accounts or who's e-mail addresses are no longer active. I believe it involved faxing in a letter and a copy of a photo ID or something along those lines.
The problem was that the original fellow (who is available & wants us to transfer the domain to me) originally filled in the organization's name as registrant but didn't fill in his own name as contact (sometimes you wonder what people are thinking when they do stuff like this). So proving his own identity to NS wouldn't have resolved the problem. He did use his own address to register the domain, but since he moved the mail NS sent to it was returned.
Although I wasn't involved in this situation until recently, I understand that there was no way that he could prove his identity to NS to its satisfaction. And till now, there's been no way that the organization could prove to NS that it deserved access to the domain.
I don't understand why NS wouldn't accept a notarized letter from the original registrant confirming his identity and that he did indeed register the domain name w. NS & that he wishes it transferred to me. That would be relatively simple compared to what we're going through now.
You'd think that NS would refuse to register a domain unless the registrant provided not only a business/group name but also a personal contact. But NS did just that.
/edit to clarify/
do you still have access to the email address that the person used to register the domain.
All of these are great ideas but...unfortunately this one won't work either. The original registrant has changed e mail addresses & ISP & can't receive e mail on the old address.
Hey, but I do appreciate everyone trying to figure out something that'll work!
