I think GoDaddy screwed up, but they should not have fixed their PURPORTED mistake in the backorder system by punishing you. You had the domain already in your power, I think that is very wrong. If you had done it with another registrar there would be NO WAY they could have taken it from you.
I doubt you want to sue them for this... the domain is likely not worth that much since it fell apparently without anybody bidding on the TDNAM.com website.
BUT bring the issue as high as you can; try putting the complain out to Bob Parsons' blog; that should get anybody's attention.
This is just my opinion, and I no lawyer...
Thanks for the reply. What does this mean btw ? The Domain wasn't purchased via TDNAM, it was purchased on their lookup page when you want to see if a Domain Name is available. Actually the Domain is 'thejimihendrixexperience.com'..
Since the backorder apparently ended up working for somebody else, the domain must likely was registered through GoDaddy. So, there is an order to who gets the domain... it is something like this:.
1. The previous owner doesn't renew it.
2. The name gets dropped from the previous owner's account.
3. It goes into the expired domains auction (5 days or so I think).
4. If there is a Backorder, it goes to the person that placed it.
5. It goes into the closeouts domain list (5 days or so).
6. The domain goes back into the pool of domains where you registered it from.
I was talking about steps 3, apparently nobody bidded for it there...
This is not how I understand the availability of Previously Owned Domain Names to transpire according to Network Solutions Legal Dept.
If I own a Domain and when it comes around to renew I decide to let it go, so I simply don't renew it. The Registrar gives me a certain amount of time over anyone else to reclaim the Domain. Then after approx. 90 days it then becomes available to anyone. However if someone placed a Backorder on that name, the Domain never goes to Public availability, the person that placed the Backorder is notified of it's availability and if He/She still wants it, it's theirs (period).
[Apparently this was the case in my situation.].
The Domain Name should never get to a place where I would have seen it available upon the Registrar releasing it. The Backorder System grabs it from there and that's it but it did become available to me or anybody and I bought it.
So my question stands, did GD steal it from me or not?..
Not sure about your fist sentence there, maybe they have to release it and recapture really quickly.
When you place a backorder for a domain though GoDaddy, and GoDaddy ends up grabbing it, they don't ask you again if you would want it, it simply goes into your portfolio.
Something is that placing a backorder for a domain doesn't guarantee that you get it.
You actually grabbed the domain and they acknowledged that you did because it went into your account, it is extremely weird that they would take it from you afterwards. Did the domain go into both accounts (you and the backorder) at the same time?..
I'm not certain of that nor was that information given to me. However I still have the confirmation receipt. It was told to me that at the moment a Domain is released, there's probably a window of about 30-60 seconds before the new Registrar secures it for their Backorder. Apparently, I was able to purchase it in that small window of time, they suggested. However it wasn't until the next day that they took it from my account. For at least 13 hrs, it was still in my Portfolio.
The Attorney I spoke with said, a contract is a contract and when you purchase a Domain on GD, you must check off that you read the Contract Info, understood it and agreed to it before you buy it. It's a lot of Blah Blah Blah that basically is legal jargon about how GD won't be responsible for this or that.
On GD's website under the Legal Descriptions here are some of their Legal Notices for Registrants to Read & Understand. Heading: When Can I Register an Expired Domain?.
Answer: __________________________________________________ ______________ Heading: What is your process for handling expired domains?.
Answer: (Most Important) __________________________________________________ ______________.
**** This is what I just read and seems to speak directly to my issue *** Heading : Am I guaranteed registration of a domain using DomainAlert Pro Backordering?.
Answer: __________________________________________________ ___________.
According to this information, unless I'm comprehending it wrong, it would seem they took it away from me and didn't have the legal right to do that...
Some people who don't necessarily understand the domain business might. But.
Let me share a few things.
Do a search around here and other forums and you'll find this happens quite a.
Lot with Go Daddy. As in some users search a domain with them, they find it's.
Available, register it, then are later told someone actually beat them to it with.
Another registrar, and are refunded.
As you said, Go Daddy's contract is a lot of legal jargon that essentially says.
They won't be held liable. You're going to find them quite common among them.
Speaking of contract, there's a part that might've been missed: http://www.godaddy.com/gdshop/legal_...ageid=REG%5FSA Now, it's a reality that mistakes happen. One does what they can to repair it,.
But not all mistakes can be completely fixed to everyone's satisfaction.
This is just one of infinite possibilities, but Go Daddy reported that the domain.
You searched was available and really...really "thought" it got it for you. Only.
To find out later it was registered by someone else at another registrar.
As I'm sure you're aware, you agree to their terms. One of them includes their.
Ability to cancel the domain you registered "to correct mistakes" as stated.
From what you described, it sounds like they acknowledged their mistake. And.
They refunded you, which is among the terms they also agreed with you under.
Section 7 - Right of Refusal: I don't know about you, but I don't know how one can steal from another if.
That one essentially admitted a mistake was made and did what they could to.
Make up for it. I've seen some people believe that anyway, though.
I maybe would've agreed Go Daddy stole from you if I didn't work in a registrar.
In a previous life. But my work there enabled me to understand things from its.
Perspective, though I'm now an ordinary mortal like everyone else.
Long story short: I don't agree Go Daddy stole from you. But...we all agree to.
Disagree, anyway, and do what we humanly can...
I might have omitted this information but the person that purchased the backorder was infact a client like myself of G-D.
Again all I'm saying is, after much discussion with persons at G-D, their Backorder system apparently failed to secure the domain as intended to do.
It wasn't a matter of it being registered at the same time by someone else at another Registrar, in this situation both Parties i.e. Myself and the Backorder Purchaser, worked solely with G-D in obtaining this Domain.
A supervisor said, every once in awhile there's a glitch in their system that fails to grab the Domain at the exact moment it becomes available and leaves a window of just a couple of seconds that the Domain is actually AVAILABLE.
He said, it was a one in a million chance that I happen to register that domain at that exact moment because had I tried either a second or two on either side, I would have received a notice that the Domain "has already been taken".
Look these fires were fanned when this all began and then forgotten. Only because of the conversation I had with this Patent Attorney suggesting the practice of G-D was unethical and I essentially gave up too soon because that Domain was rightfully mine.
I don't know and all I can do is inquire. This Website (Namepros) talks about many things therefore I felt it was certainly worth an effort to see if there happened to be someone here familiar with this type of situation. I moved on after a few weeks of this and continued my life so maybe having this conversation with the atty just kicked up the dust again I don't know.
When I think about this, I can't help from feeling the domain was legitimately mine. If I was lucky enough to register it in that 2 sec window of space, then that's what happened.
Thank You All..
No surprise there. No backorder system can guarantee you'll get the domain,.
But they'll at least try.
At least Go Daddy refunded you, so it wasn't a total loss. If you missed your.
Flight, the airline is highly unlikely to refund you for perceivedly a service not.
Good luck on your ventures...
I definitely agree Godaddy is abused their power to recapture the domain from the account and give it to someone else.
Their back order system failed and someone else got the name meanwhile. So they HAVE TO RESPECT that and leave the domain in the users account.
Backorders are not 100% guaranteed, so the other user wouldn't be at a loss.
Lets say the above user got registered the domain AFTER the drop at register.com, would godaddy be able to take the name back? OFCOURSE NOT.
They DO NOT have the rights to the name. Basically they screwed the above user to $10 more (what they get for back order).
That is UTTERLY WRONG.
Another example of godaddy abusing their power. Just sad that they get away with this crap until someone sues them...
Unfortunately, Go Daddy doesn't really have to "respect" that because their.
Contract allows them to correct mistakes. Supposedly that's what occurred: Let's say I agreed to sell a car to person A. But for whatever reason, A hasn't.
Paid yet, and I totally forgot about it.
Then person B asks if I'm interested in selling it to them. I agree, and B sends.
His first of various payments.
In the midst of going through my paperwork, person A suddenly calls me, says.
He's sorry he hasn't paid because he had a death in the family, but is ready to.
Fulfill his part of our agreement.
At that point, it's my fault I forgot I sold the car to A first before agreeing to.
B. It's a tough choice to make, but I decide to go with A if he especially came.
Eventually he pays in full to me. I eventually get the car under his name or so.
And hand him the keys, but I give B's money back as I can't keep it.
Now, B could sue me if he wants to. And I'll show the judge I had a good faith.
Intent to keep our agreement, but I had a prior one I chose to honor first.
Maybe the judge will still hold me liable, maybe not. Who knows?.
Now that I've got a little more time, I forgot the OP posted the actual domain.
Name: Note it was created-registered on December 31, 2007. The domain name had.
Expired and never dropped, as it's creation date would've changed if it wasn't.
Renewed, redeemed, etc.
From what the OP described, it looks like interestedenough is correct in what.
Happened here. It sucks, but...it did, and it was "fixed" somehow.
Essentially, Go Daddy had a prior agreement with another customer that they.
"neglected" because of their system glitch. And they chose to honor that with.
Him first, yet somehow make it up with the OP.
Some can call that an abuse, though there was not really any intended deceit.
Unless one can demonstrate that. That can be easier to show if Go Daddy had.
Refused to refund him, but they did.
Then again, the OP might count his lucky stars that he didn't get that domain..
I gather that the Jimi Hendrix estate is rather getting aggressive with their TM.
Rights, and they might go after the domain's current registrant...
You got lucky with your hand reg and grabbed it before GoDaddy's backorder system got around to it. (or something to that effect... maybe they weren't consulting their backorder database before letting new regs go through).
This domain should be yours, and GD should accept their screwup.
This is a like a store owner telling someone they will save a TV for them when it comes in. Then it comes in, they put it on the shelf and some other customer grabs it before an employee can take it back off the shelf for the guy who reserved it. The question is, does the store have the right to run out into the parking lot, rip the TV from the guy's car and give him his money back so they can honor the prior reservation?.
Umm, no. The police would be called and the guy would be going home with the TV he paid for. But because this is the internet and physical force isn't necessary, GoDaddy knows they'll get away with it.
One more thing to add.......... Ask them to show you where in the TOS it gave them the right to take the domain from you and give it to the guy who backordered it. If there is indeed something in the TOS that allows them to do that, then I suppose it's a valid defense since domain buyers agree to those terms...
I agree it's 100% wrong.
What I want to know is if the person who backordered the domain in question was some one else or if it was the origional owner. If it's the origional owner I can understand godaddys mistake and there effort to fix it. If it was someone else who ordered thru the backorder back orders are NOT guaranteed. There for godaddy made a mistake and it's yours. If you registered it thru the 2 second gap with another register then it would be fair...
Well, that's the real punch line here anyway- "I'm upset because I don't have a domain name I shouldn't have in the first place.".
But, am I having flashbacks or didn't we just do this situation in another thread or forum?..
I already pointed that out earlier, though it's not in your exact words. It was.
"supposedly" to correct a mistake, and the OP essentially agreed to their term.
Covering that. That doesn't really matter. The domain apparently expired, there was a back-.
Order made, somebody won, Go Daddy screwed it up, fixed it, then refunded.
The OP for what happened.
The domain name was never really available to begin with, so there really was.
No so-called available product to sell to someone else that time. At least, that.
Is what seems to have occurred based on what the OP described.
But...we believe whatever wanna believe, so there. Heh. We did? But then, I'm still high, man.....
I can't understand any motivations of a first time poster coming hear after nearly a year and complaining about this. However, for the principle. Go Daddy failed to obtain the backorder for whoever backordered the domain. They can't just go to whoever registered the domain and take it from them and give it to whoever backordered it. What would they have done if it wasn't a GoDaddy customer who registered the domain. Although they probably have something in their ToS which allows them to do just that.
Still, not much to cry about one year later...
Stu, the point here is the domain was never really available to begin with. Go.
Daddy "told" the OP it was such when it shouldn't have, they screwed up the.
Whole thing, then fixed it and refunded the OP.
Indeed, the OP shouldn't have waited for a whole year. IMHO that would not.
Make any difference in this situation, though, given the circumstances...
Ahhhh yes, the dreaded Godaddy "We F'd Up" correction....
I have one too from a domain I was quite happy to get, only to be told that I never had it all along. http://i55.photobucket.com/albums/g1...elt/gdcorr.jpg.
Freakishly enough, the domain became available again just this year (very recently) and I snagged it as an open reg- no backorder, no closeout, no aftermarket... Just one day, randomly checked on it and I'll be damned if it wasn't available for reg I about choked when I saw it in green letters saying "XXXXXX.com is available!"...