Many years ago I remember helping a .tv investor Fleaking on Namepros. Trying to figure out how Verisign could take a .tv from him that he acquired by trading a .biz domain to the original registrant?
The answer is always in the Terms and Conditions. So earlier tonight on TheDomains. I wrote about our advertising partner here and at TheDomains, Namesilo taking control of BreonnaTaylor.com.
Of course the questions some rush to ask, how can they take the name? Snoopy asked, “Since when is it ok for a registrar/registry to make a decision based on content then replace it with what they believe is the right content and become the operator of that site?”
I can answer that, since the moment you opened an account. First things first, the domain name is within the first 30 days of registration, every registrar has the following language. I will quote GoDaddy:
You agree that GoDaddy, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. GoDaddy also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place.
Here is what Namesilo say in their terms and conditions
If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account. No fee refund will be made when there is a suspension or termination of Services for cause.
You can read the full terms of service here
I know, I know, “Oh Raymond that is outlandish, a sin against God and Man, Sir Tim Berners-Lee must have threw up in his tea. I will move my domains to another registrar.
How about Namecheap?
Whoops!
You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.
Son of a Bitch
So GoDaddy? Well they are a bit ambiguous, they do use the term “morally objectionable” in their TOS.
In the event GoDaddy refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to GoDaddy in connection with the registration either being cancelled or refused. In the event GoDaddy deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
Morally objectionable to one person or entity might be the livelihood of some other person or entity.
Epik also has a morally objectionable clause, they elaborate more than GoDaddy:
Epik.com may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by Epik.com in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event Epik.com refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to Epik.com in connection with the registration either being canceled or refused. In the event Epik.com deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
So when you ask why or how, check the TOS.
Ronald Smith says
Thank you for this!!! I had no idea about morally objectionable, that is a can of worms.
Snoopy says
Companies have all sorts of stuff in their TOS but simply doing whatever they like because of what a lawyer wrote into the TOS is another thing entirely. They can disclaim liability but it doesn’t mean people will just say “oh it must be covered by the TOS”.
Over the last 6 months several registrars seem to be going down a very slippery slope with selective blocking of registrations and now content replacement, Godaddy, Namecheap, NameSilo. If they are going to block domains and replace content then they probably should be liable to content that they fail to act on or the domains involving illegality that they don’t block.
Geoff says
Namecheap are the worst. They don’t support their customers and they use their terms of service for their own personal gain.
I’ve had dealings with them and they’re rude and when you quote their own terms to them they ignore it, but if they want to enact the terms of service then they’re free to do whatever they like.
Avoid namecheap like the plague!!!!!!
Lifesavings.online says
Politicizing domains that they seize. The biggest folly of business to get involved in politics. GoFund me is extremely biased against conservatives. Most recently, Candice Owens, a popular African voice, had the campaign she started for a cafe in Alabama removed from GoFund me. “Their discretion” – always. They will ALWAYS come up with a reason. A long as their ‘echo chamber’ agrees, they believe it’s fine. What was the problem with Candice’s use of GoFund me? She was raising money for a CONSERVATIVE!
Shameful use of the revoked domain, to support a company that is biased in its business. America is in great trouble. I think GoFund me is trash and namesilo too, for supporting this OPRESSION.