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  1. #51
    Join Date
    Nov 2015
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    Quote Originally Posted by kkckkc View Post
    On the other hand, NameCheap could have just contacted the proper authorities and allowed them to investigate any criminal activity. It should be the law that decides whether a domain is shut down, locked etc, not registrars. But again, which country's laws...!
    Typically a company's ToS will outline this information. Namecheap's for example states:

    "Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California."

    They then go further by ensuring that the customer is not intending to use their services to break any laws local to them that may not be illegal in the US (or in this case the US AND CA):

    Compliance with Local Laws.
    Namecheap makes no representation or warranty that the content available on this site or the Services We offer are appropriate in every country or jurisdiction, and access to this site or Our Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this site or use Our Services are responsible for compliance with all local laws, rules and regulations.

    Basically, just don't use your site for blatantly illegal things. The OP was clearly using his site for something that was illegal in the US, breaking the terms of service he agreed to when he purchased the domains from Namecheap. Period.

    Typically shutdown requests come from a federal agency when it comes to something like this. Companies don't usually sit around all day attempting to find a paying customer to disable.

    The only thing I find strange about this whole matter is the need for Namecheap to keep OP's domains. Sure it's listed in their ToS, but that seems like a pretty bizarro policy. A domain name is just that, a name - the hosted content is what is illegal, not simply having a domain name registered. I could register 'allthefreedrugsintheworld.com' and there is nothing illegal or wrong with that as a domain name. Now, if I were selling drugs, or hosting copyrighted material, or anything else obviously illegal on ANY domain name, it is still not the domain name that is breaking the rules, it is the content being hosted. I just can't think of a valid reason to not let someone transfer their domain names to another registrar unless Namecheap was illicitly instructed, subpoenaed, served, etc.

    I have dealt with dozens of registrars/hosting companies through the years and have NEVER heard of such a policy. If someone breaks the ToS, the infringing material is typically taken down, or the hosting account is suspended. If the customer decides to transfer away - fine. They are no longer your responsibility or liability.

    So if this boils down to being JUST a breach of Namecheap's ToS and not something larger at play (cease and desist, etc) then I would have to say that is a pretty ridiculous policy.
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  2. #52
    Join Date
    Jul 2010
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    Quote Originally Posted by javievardy View Post
    This is ridiculous .You need NameCheap complaints on this issue , you force them to pay for the legitimate rights of you
    OP was using the domain for illegal things; the one who should pay is not Namecheap.
    My "ranking" is kidding.
    I'm just a humble client, here to seek help and guidance from the true experts.
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  3. #53
    Quote Originally Posted by asgard View Post
    OP was using the domain for illegal things; the one who should pay is not Namecheap.
    asqard do you perchance have a connection with NC, because you often assume that they are in the right. I see it in postings made by you in other threads as well. The fact is we just don't have enough info from the OP (nor from NC) to make this call.

    The real issue here is that OP is completely locked out of any resolution and the ball is in the registrars (could be a registrar other than NC) court. What if someone has a legitimate domain, but a registrar interprets the law such that they lock down said domain and the licensee has no right to appeal, transfer etc.... as is the case here!
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  4. #54
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    Quote Originally Posted by kkckkc View Post
    asqard do you perchance have a connection with NC, because you often assume that they are in the right. I see it in postings made by you in other threads as well. The fact is we just don't have enough info from the OP (nor from NC) to make this call. [....]
    This reply is the proof the one who doesn't read posts ain't me; here's a quote from my post, #48 in this same thread.

    Now to prevent the "you're related with Namecheap, you're a NC affiliate or employee" BS some people tend to spew every time you strongly defend a provider they complained about, let me be absolutely clear: I am not an affiliate of Namecheap; I am not an employee, consultant or doing any kind of work for NC; I am a just a simple end user, a client who has been reigstering domains with Namecheap since 2010 and using their hosting for the last couple of years. I've seen how they work with my very eyes and based on that multi-years experience, while knowing no provider is perfect and can't make everyone happy, I tend to be overly cynical and wary toward people claiming NC did something unreasonable without explanation - I've been right so far, as most time the one in the wrong wasn't Namecheap.
    Again, I'm in no way related to Namecheap; I'm a simple client/end user.

    Quote Originally Posted by kkckkc View Post
    [....] The real issue here is that OP is completely locked out of any resolution and the ball is in the registrars (could be a registrar other than NC) court. What if someone has a legitimate domain, but a registrar interprets the law such that they lock down said domain and the licensee has no right to appeal, transfer etc.... as is the case here!
    What you don't seem to get - because you want Namecheap to be in the wrong - is that NC did not interpret any law of any kind; they just followed their Domain Registration Agreement, which OP admits to have broken, which states domains can be locked down and their registration deleted should the agreement/terms be broken.
    Any provider would behave this same exact way in case a client breached the terms of service.
    My "ranking" is kidding.
    I'm just a humble client, here to seek help and guidance from the true experts.
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  5. #55
    Join Date
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    Quote Originally Posted by asgard View Post
    NC did not interpret any law of any kind; they just followed their Domain Registration Agreement, which OP admits to have broken, which states domains can be locked down and their registration deleted should the agreement/terms be broken.
    Namecheap appears to have followed procedures about terms of service, with the OP doing something against that. And with that notion, closure.
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