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    old MSP won't give up domain name

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    • scottalanmillerS
      scottalanmiller
      last edited by

      The email address alone should not be a problem. But they do have a point as the MSP registered as their email being the official domain of the company. So there is a conflict there. But they can prove that they are the company so I agree that this is weird. What if that MSP went out of business?

      1 Reply Last reply Reply Quote 1
      • Mike DavisM
        Mike Davis
        last edited by

        I was thinking a phone call or letter hinting at legal action may be enough. If they have to go to court, it would be hard not to sue for breach of contract when he charged them patching systems that haven't had patches available for 2 years.

        scottalanmillerS 1 Reply Last reply Reply Quote 2
        • scottalanmillerS
          scottalanmiller @Alex Sage
          last edited by

          @aaronstuder said in old MSP won't give up domain name:

          Sue the old MSP in small claims court.

          It will cost you about $75 bucks, but it will likely get you your domain back without even having to go to court.

          Not sure how to determine the value. Small claims may not be the way to go. This is identity theft and could represent tens of thousands of dollars of value.

          A 1 Reply Last reply Reply Quote 0
          • JaredBuschJ
            JaredBusch
            last edited by

            Yet another example to reinforce the ethical standards @Bundy-Associates holds themselves to.

            1 Reply Last reply Reply Quote 3
            • scottalanmillerS
              scottalanmiller @Mike Davis
              last edited by

              @Mike-Davis said in old MSP won't give up domain name:

              I was thinking a phone call or letter hinting at legal action may be enough. If they have to go to court, it would be hard not to sue for breach of contract when he charged them patching systems that haven't had patches available for 2 years.

              Don't do that. Threatening legal action is always wrong unless it is a lawyer doing it.

              1 Reply Last reply Reply Quote 1
              • A
                Alex Sage @scottalanmiller
                last edited by

                @scottalanmiller said in old MSP won't give up domain name:

                This is identity theft and could represent tens of thousands of dollars of value.

                :rolling_eyes:

                scottalanmillerS 1 Reply Last reply Reply Quote 0
                • Mike DavisM
                  Mike Davis
                  last edited by

                  It might not be easy finding a lawyer that knows what a domain name is around here.

                  1 Reply Last reply Reply Quote 0
                  • scottalanmillerS
                    scottalanmiller @Alex Sage
                    last edited by

                    @aaronstuder said in old MSP won't give up domain name:

                    @scottalanmiller said in old MSP won't give up domain name:

                    This is identity theft and could represent tens of thousands of dollars of value.

                    :rolling_eyes:

                    Small claims now could limit legal options in the future.

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                    • A
                      Alex Sage
                      last edited by

                      On second thought, a certificated letter might do the trick too. But I agree with @scottalanmiller one from a lawyer would be better 😉

                      1 Reply Last reply Reply Quote 0
                      • IRJI
                        IRJ
                        last edited by

                        I am not sure that the Customer can legally do anything. Old MSP could always say they were renting use of the domain name (which would be perfectly acceptable). Unless there is documentation that says 100% clearly that the Customer owns the domain name, I think legally you are in trouble.

                        Anyone can buy any domain name. You don't need a registered business to snag a domain name.

                        P.S. I would create a full backup of the website IMMEDIATELY

                        scottalanmillerS 1 Reply Last reply Reply Quote 1
                        • A
                          Alex Sage @scottalanmiller
                          last edited by

                          @scottalanmiller I understand that, but 95% of the time it causes the other party to act right. You can always drop the case before the court date.

                          scottalanmillerS 1 Reply Last reply Reply Quote 0
                          • scottalanmillerS
                            scottalanmiller @IRJ
                            last edited by

                            @IRJ said in old MSP won't give up domain name:

                            I am not sure that the Customer can legally do anything. Old MSP could always say they were renting use of the domain name (which would be perfectly acceptable). Unless there is documentation that says 100% clearly that the Customer owns the domain name, I think legally you are in trouble.

                            Anyone can buy any domain name. You don't need a registered business to snag a domain name.

                            P.S. I would create a full backup of the website IMMEDIATELY

                            Yeah. This is what I was hinting at. Unless they have absolutely clear billing on this, they don't appear to be the owner. Vendors paying for things like this and renting them to SMBs who don't want to pay up front isn't unheard of. It's a valid business model and I've certainly seen it happen.

                            A 1 Reply Last reply Reply Quote 0
                            • scottalanmillerS
                              scottalanmiller @Alex Sage
                              last edited by

                              @aaronstuder said in old MSP won't give up domain name:

                              @scottalanmiller I understand that, but 95% of the time it causes the other party to act right. You can always drop the case before the court date.

                              I've ever tried it. The fear here is that they will lose.

                              A 1 Reply Last reply Reply Quote 0
                              • scottalanmillerS
                                scottalanmiller
                                last edited by

                                Also get another domain name and prep for a switch over. Every minute counts if they want to mitigate identity theft damage. They have to be prepared in case they lose the suit.

                                1 Reply Last reply Reply Quote 1
                                • IRJI
                                  IRJ
                                  last edited by

                                  Honestly instead of threating legal action, I would try to negotiate with the old MSP. Offer to pay for the remaining term of the domain name and see if they release it. ($100 or so).

                                  I seriously would offer them money right off the bat. Sometimes it is worth paying a ransom to get out of a bad situation. Now you move on and have no reason to deal with them again.

                                  scottalanmillerS 1 Reply Last reply Reply Quote 4
                                  • scottalanmillerS
                                    scottalanmiller @IRJ
                                    last edited by

                                    @IRJ said in old MSP won't give up domain name:

                                    Honestly instead of threating legal action, I would try to negotiate with the old MSP. Offer to pay for the remaining term of the domain name and see if they release it. ($100 or so).

                                    I seriously would offer them money right off the bat. Sometimes it is worth paying a ransom to get out of a bad situation. Now you move on and have no reason to deal with them again.

                                    Especially if they might not really own the domain name.

                                    1 Reply Last reply Reply Quote 1
                                    • Mike DavisM
                                      Mike Davis
                                      last edited by

                                      They have already paid him for the next year. He charged them $25 a domain name and registered 9 other domain names. (the .us .org .biz extensions) None of the other domain names point to the primary domain name.

                                      JaredBuschJ scottalanmillerS 2 Replies Last reply Reply Quote 0
                                      • JaredBuschJ
                                        JaredBusch @Mike Davis
                                        last edited by

                                        @Mike-Davis said in old MSP won't give up domain name:

                                        They have already paid him for the next year. He charged them $25 a domain name and registered 9 other domain names. (the .us .org .biz extensions) None of the other domain names point to the primary domain name.

                                        That is not relevant. The only thing that is relevant is what the contract billing terms said when they paid him for the domain .

                                        1 Reply Last reply Reply Quote 2
                                        • scottalanmillerS
                                          scottalanmiller @Mike Davis
                                          last edited by

                                          @Mike-Davis said in old MSP won't give up domain name:

                                          They have already paid him for the next year. He charged them $25 a domain name and registered 9 other domain names. (the .us .org .biz extensions) None of the other domain names point to the primary domain name.

                                          And? That sounds like they don't own it, just lease it. Certainly doesn't mean anything useful.

                                          wirestyle22W 1 Reply Last reply Reply Quote 0
                                          • wirestyle22W
                                            wirestyle22 @scottalanmiller
                                            last edited by wirestyle22

                                            @scottalanmiller said in old MSP won't give up domain name:

                                            @Mike-Davis said in old MSP won't give up domain name:

                                            They have already paid him for the next year. He charged them $25 a domain name and registered 9 other domain names. (the .us .org .biz extensions) None of the other domain names point to the primary domain name.

                                            And? That sounds like they don't own it, just lease it. Certainly doesn't mean anything useful.

                                            If they lease it @mike-davis has no recourse. Determining legal ownership is the next step and should be done through a lawyer.

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