cpc

domain dispute, sent notice


I registered a domain name (.com, .net etc called domain name) with PublicDomainRegistry.com (Directi Internet Solutions).

In their legal terms and conditions they have mentioned that the domain registered with them must not get involved in "illegal pharmaceutical distribution".

My domain was not distributing or selling any kind pharmaceutical products, instead providing reference to other websites which were selling pharmaceuticals. Those website are not registered with PublicDomainRegistry. There was no provision to make or accept payment on site.

Now, PublicDomainRegistry has suspended my domain saying my domain is doing "illegal pharmaceutical distribution".

Please note that i have already served legal notice to the company.

AS PER LAW.....

  1. Does my domain violates their legal terms?
  2. Can they suspend the domain because it directs visitors to other websites?
  3. Do you think i should file case? if yes, do you people think my case is strong?

Thanks

 
Reply   
 

@Querist,

 

1.Referencing something which is unwanted in the context amounts to surrogate advertisement in reference to context.

 

2.They can very much suspend your registered domain as you have voilated the terms and conditions of the website.

 

3.You have a weak case in hand if you go legal way.

 

4.The solution is to remove those references and request the domain provider to restore your website.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

 
Reply   
 



@newS_Know!!!: My understanding is "Distribution" means selling smoething to anyone in return of something.

for users, there is no provision to make payment.

 

thanks

 
Reply   
 

 
Reply   
 

@Querist,

 

1.If you are so sure about something,you shouldn't seek for second opinion.

 

2.Probably,you missed an important point to be noticed.you wrote


"must not get involved in "illegal pharmaceutical distribution".

 

I underlined the word worth catching. Involvement includes anything done in completion or aiding or abetting to an act.This involvement may be direct or indirect.

 

Hope you got the point.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,




Total likes : 1 times

 
Reply   
 

@newS_Know!!!: thanks for giving me understanding.

What if they don't un-suspend even if i remove references. They are asking proper license. 

Where you from? Mumbai? Can you take this case?

 
Reply   
 

@newS_Know!!!: One more thing. They have actually not said "involved". Please find the exact context below.......

 

Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child p*rnography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.

 
Reply   
 

@Querist,

 

Part of declaration where importance of some words/sentences highlighted accordingly.

 

or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child p*rnography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute.

 

In the above declaration please note '.....not limited to....' that means some subcidiary act in relation to the main act may also qualify to be the reason for termination of agreement.

 

Below are the sentences in the declaration which,on acceptance,binds the person in reference to context to follow the above guidelines.

 

The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.

 

Further,you have not mentioned what kind of license they are demanding and why and for what.

 

On you raised concern about their inaction even after removal of references,I would just say 'Act first'.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,



 
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