domain host shutsdown website

[findtim]

a client of mine is in dispute over a domain name ( .com.au ), it is a fine line who is correct but we have taken a stand to not be bullied.

and all of a sudden the web host has shut down the website, we are still investigating why but it seems answers are slow coming.

has anyone had this done to them? we suspect the webhost ( Australian ) has been served some "notice/ threat of legal " and just shut us down ???

i'm wondering what RIGHT a webhost has to take action when this matter is not resolved? its just our word against someone else's but they have a solicitors letter !

if I send a solicitors letter to whoever hosts YOUR site, will they shut this down? do they become judge and jury?

tim

 

[helloworld]

What reason has the web host given...and which host?

 

[findtim]

no reason, no notification, and at this time its best I don't mention the host because I spoke to the other persons lawyer ( as I say "pick up the phone" ) and they let some things slip that they should not have ( which is rare, maybe shocked that someone rang them ! )



tim

 

[helloworld]

Is the host also the domain registrar? Have they registered the domain in bad faith?

 

[findtim]

registra, potentially but my client registered it.

bad faith: no, its a dictionary word, and it was being used for a different purpose then the previous owner

eg: dove=soap, dove=chocolate, dove= birds ( but its not dove )

tim

 

[Mick]

As an example when we receive any notices from a lawyer, government agency etc. we also like to verify this information prior to just disabling an account. Usually its a court order or similar which is the only reason for a webhost/registrar to take down a website, sometimes where you can see the account in question hosting a fraud website (eg. trying to impersonate a bank) in when we take action as to protect anyone visit the website.

One thing to keep in mind is the registrar doesn't have any right to change name servers or take ownership of a domain so you always have the choice to move the site elsewhere to get it back online if you wish, but just taking down the site with no reason is strange to say the least.

 

[findtim]

One thing to keep in mind is the registrar doesn't have any right to change name servers or take ownership of a domain so you always have the choice to move the site elsewhere to get it back online if you wish, but just taking down the site with no reason is strange to say the least.

I wasn't really talking about the registrar, it is the host, so I am interested if a hosting company would delete a website without warning? would ventraip, crazy, hostgator, webcentral, melbourneit etcccccc do that? because then unless you had your own backup you would have to start again.

NOTE: I am not talking to ventureip, I am just putting this out there for opinion

the reason I bring this up is almost every host says " we backup your site......."

but if push comes to shove and they delete your site then you are up S^*T creek if you haven't doe your own download backups.

so my original point is , what right does a host have to delete a website?

mick you say none unless you get a solicitors letter but you will try to check it out, so at what point do you pull the pin? say you can't get a hold of YOUR client ? maybe he is on holidays, do you then have a second plan? "if no reply in 5 days we side with the solicitor"

"guilty until proven innocent" ? , " solicitors must be right" ? " bullies always win" ?

if I am boring the people reading this you shouldn't be, because it happens and it could happen to you.

its not my domain, but after I spoke to the lawyer and the said " get your lawyer to contact me" ( as they want a paper trail that costs $200 a piece each as that's how the backyard low brow lawyers work ) [ NOTE: backyard lawyer as her 5 year old daughter answered her mobile phone !!!! ]

I then phoned the previous owner direct and made an offer of solution, then 5 days later the site goes down.

messy BS, can't wait to see how it ends.

tim

 

[Mick]

I wasn't really talking about the registrar

Was just putting it out there for anyone else reading

mick you say none unless you get a solicitors letter but you will try to check it out, so at what point do you pull the pin? say you can't get a hold of YOUR client ? maybe he is on holidays, do you then have a second plan? "if no reply in 5 days we side with the solicitor"

We would only suspend the account, we don't delete accounts unless there is a request from the customer. Even with the account suspended the customer still pays for it, so its up to the customer if they wish to cancel and have their account terminated, but we don't go out of our way to delete the account as the data belongs to the customer and in this day and age a lot of people are online and rely on their website to live.

We leave the legal side up to the customer and the other party, we try not to get involved as it really isn't our place to take matters into our own hands. We will also try to contact the customer about the request we received and as per the above suspend the account until an outcome is reached between the customer and the other party.

 

[Cooper Mills DomainLawyer]

Hi Tim

Most hosting companies have an AUP (acceptable use policy), we usually draft them! One thing we commonly draft in is the right to suspend a website where it may subject the webhosting company to legal action. I would check the contract or AUP.

I would be surprised if an entire account was deleted, the hosting company would be taking a big risk deleting an account as opposed to suspending.

FYI here are some web hosting company AUP (we didnt draft these):
VentraIP
MelbourneIT
Enetica

 

[findtim]

thanks CMDL , and I think everyone should read these links, I've recently been shutdown for excess cpu usage on shared hosting but managed to fix it by upgrading, but this total removal (which is not my domain) I have never experienced before.

i'm more on this "bandwagon" because one day it just might be me ! and thankfully the site in question isn't the "bread and butter" of the owner, if it was this situation could be a real disaster.

tim