for advice ( BTW we dont do legal advice ..and any supposedly legal advice you get in any fora is worth no more than ) ..you have to be more clear in the way you express yourself ..
and welcome to WebmasterWorld [webmasterworld.com]
I think you are stuffed, short of going the full ICANN process, and low odds of success even then.
If they have purloined the email address to effect the transfer then they did a legitimate (for certain values of same) transfer and its a major job to prove it was fraudulent and have it undone.
If this domain is really important to you, best to pay the web work bill then ask them to change the details?
But it might be time to abandon the domain and start over with a new one :(
Lessons:
* Your hosting company is just your hosting company and you don't use them for web development or any other services.
* Contact email addresses for domains should be off-domain and not at any domains on the same hosting.
(Oh, and IANAL, but I think the above is more practical advice than legal)
In any case, you absolutely must get in writing a clear and unambiguous statement that when the bill (for the work) is paid in full (exact amount) that the domain will be transferred to you. When you have this, you'll have two choices, pay up or call in the police. The possible variations in circumstances are far too great for anyone here to advise you as to which is the best option, but an informal chat with the local high-tech crimes unit would be a good idea if there is one. (My guess is the police won't be interested but you don't get if you don't ask.)
With respect to proving the transfer was fraudulent, provided the emails are all archived, the IP address data in the headers might be sufficient to prove fraud - I'm not certain but perhaps someone else can comment.
Kaled.
Since a lawyer would most likely cost more than the bill your only possible legal redress would be to make a formal complaint to the police alleging theft, fraud, blackmail and hacking.
Beware using police force to deal with non-criminal acts. Could come back to bite the arse for misuse of the legal process.
OP, the mechanics put a lien against customer failure to pay for work done. And if they were happy to get that paltry dollar three eighty for their work just be happy, get a new domain and don't host with them again.
And don't make the same mistake again!
Beware using police force to deal with non-criminal acts. Could come back to bite the arse for misuse of the legal process.
It is unlikely you are the only victim of this scam, therefore, you need to find a few other victims WITHOUT giving the game away.
1) Identify the IP addresses used by the host.
2) Use reverse DNS lookup to find the domain names hosted on those servers.
3) Use Whois data to find which are "owned by" the host.
4) I believe there are tools out there that can report domain history so find out everything you can.
Alternatively, I think there are tools out there that can report all the domains owned by a single user/organisation - that might be a quicker approach.
If you can find other possible victims contact them by phone - avoid email.
If you can find other actual victims that are willing to make a complaint, this establishes a pattern of criminality and the police would be much more likely to investigate and that means ICANN are obliged to investigate too.
Also, scumbags are typically arrogant and that makes them prone to making stupid mistakes along the lines of self-incrimination PROVIDED you do nothing to tip them off! i.e. play the desperate and hard-up sucker, don't play the hard-nosed amateur lawyer or whatever.
Kaled.
1) Did they do the work that was requested/contracted?
2) Was the work that was done of a quality that could be reasonably expected?
3) Is the price being charged that which was agreed?
OR
4) If an hourly/daily rate was agreed, is the price reasonable for the work done?
If you google something like reverse dns lookup you are bound to find something useful.
Whilst fighting is always my first instinct, a wise man always walks away from fights that cannot be won so if you see no way to win, consider walking away and starting again with a new domain name but absolutely don't hand over money without being certain that you get your domain name back.
Also bear in mind that, irrespective of the status of the domain name, you should own the copyright on designs and content that you have created so the hosts cannot legally use that material.
Kaled.
start a command prompt in windows
type nslookup <enter>
type in the ip address, and it will show you the associated domain.
you can type in domain name and get address, or address and get domain name. you can also query various servers.
you might find ownership records at [networksolutions.com...]
but if "whois privacy" is invoked, you will not see the ownership information, although you can figure out a lot by looking at the DNS server.
use ^C or "quit" to exit nslookup (or just close command window)
Another useful tool is (again at the command prompt)
TRACERT [address]
this will list all the nodes on the path to whatever address you put in.
for future reference, always pay by credit card so you can dispute faulty work. Try and negotiate the changes in the work so that it is to your satisfaction. But i agree, get it in an email from them that they will return the domain to you.
I also agree staying away from the police is probably worthwhile unless this is one of those real scammers.
On the other hand, small claims court in most juristictions requires no lawyer and can award money damages.
Mack.
