I have a major beef with ICANN.

Recently (in September) I had had 99 Domains Terminated by 1and1 because I changed banks and they charged the wrong card… OK – so they did not remind me that I had Domains that needed to be renewed… I would have just slowly transferred them all to GoDaddy.com!

So, instead, I contacted 1and1.com and they told me that my account was “going to be terminated by October 3rd unless I paid for the remainding balance of $103.56″. Not a problem… I called them up and they told me to call their Collections Agency. Hmmm… K, not a problem. So I paid my bill, was happy and called 1and1.com back and guess what?

This is great…

They told me “Oh, your account was terminated already. In September.” I let them know they were mistaken… I had just gotten an email from their Billing Department stating I had to pay by October 3rd.

Nope… they simply LIED to me to get me to pay.

What could I do now that all my domains (all 99) had been renewed within the past 3 months for over $600? They tell me there’s nothing I could do… all my domains were locked and would be deleted.

So, after spending two weeks talking to people from India, who spoke little English and who represented an American Company – I was finally told I could solve the problem easily…..

…all I had to do was transfer my domains from within the company to a new account!

Awesome!

So how do I do this?

Oh…

They wanted me to pay them ANOTHER $600 TO TRANSFER THEM TO A NEW ACCOUNT! HA!

So after they made me pay for my domains – I could not touch them. It’s like going to McDonalds – ordering a #1 and then they tell me I can’t touch it… but I CAN pay them again so that I could eat my meal I already paid for!

Companies these days are great.

So I decided to contact ICANN. I was happy because ICANN states in their the following:

Are registrars required to give renewal notices to domain name holders before the expiry of a domain name?

Under ICANN’s Registrar Accreditation Agreement domain name holders have to be sent an email notice prior to a domain expiring. The email address will be the one you list on WHOIS, so it is important for you to keep it up to date. If the email is sent to the email address on WHOIS, and that address is no longer valid, the Registrars may little other chance of contacting you.

Great!

So I let 1and1.com know that they were breaking their Accreditation Agreement and they sent me the following, not once but TWICE!

Thank you for contacting us.

We do not provide email notification for when domains are about to renew. It would be your responsibility to monitor and maintain domain’s renewal dates. This is all outlined within the terms and conditions that you had agreed to upon signing up.

If you have any further questions please do not hesitate to contact us.

–

Sincerely,
Joseph Quinn
Technical Support
1&1 Internet

Really? Is that REALLY what I signed?

If I go to register a Domain Name – THESE are the Terms I am given the option of reading:

TERMS AND CONDITIONS FOR
PRIVATE DOMAIN NAME REGISTRATION

By ordering Private Domain Name Registration Services from 1&1 Internet, Inc. (”1&1″), you (”you” or “Customer”) agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for Private Domain Name Registration (the “Agreement”) incorporate and are supplemental to 1&1’s General Terms and Conditions (the “1&1 GT&C”), by which you are also bound, to the extent they are not modified by this Agreement.
1. SUBJECT OF THE AGREEMENT

The Agreement governs the provision of Private Domain Name Registration Services (the “Services”) to the Customer by 1&1. The Services comprise the registration and renewal of domain names using contact information provided by 1&1, as described below, which information will appear in the public WHOIS database on your behalf.
2. SERVICES PROVIDED
2.1

1&1 will acquire a Second-Level Domain Name (”Private Domain Name”), on your behalf, assuming that the Domain Name you request is available for registration. 1&1 will not own any Private Domain Name registered on your behalf under this Section. Any costs incurred by 1&1 to obtain and/or maintain the Private Domain Name on your behalf shall be charged to you by 1&1. Private Domain Names may not be transferred. The toplevel domain .us may not be registered as a Private Domain Name.
2.2

You authorize and direct 1&1 to display alternate contact information in the public WHOIS database, including names, postal address, phone number, and email address, as more particularly outlined below.
2.3

You authorize and direct 1&1 to process communications directed to you at the contact information displayed in the public WHOIS database as follows:
2.3.1

An e-mail alias pointing to your 1&1 account will be created once you have purchased the Services, and that e-mail address will be displayed in the public WHOIS database. Messages received at the e-mail address posted in the public WHOIS database for your Private Domain Name will be forwarded to the e-mail address associated with your account name or to another e-mail address, in accordance with the preferences you set in the 1&1 Control Panel. Disabling the Services will delete this e-mail address and remove it from the WHOIS database. Once an e-mail address is removed from the public WHOIS database it will no longer be a valid e-mail address for the receipt of messages. You acknowledge that you may not receive messages sent such e-mail address once the Services are disabled.
2.3.2

1&1’s corporate address will be the postal address displayed in the public WHOIS database for the Private Domain Name. You hereby authorize 1&1 to receive, sort, open, forward, and destroy any and all mail sent to 1&1 on your behalf in its sole discretion. Third class and “junk” mail will be discarded upon receipt or returned to the sender unopened. First-class mail and mail received via certified mail or courier, including but not limited to Federal Express, United Parcel Services, and similar services, will be opened and all such mail that can be scanned will be scanned and sent to you via the e-mail address associated with the 1&1 account for the Private Domain Name. You acknowledge that you will have five (5) calendar days from the date such mail is sent to you via e-mail to request in writing that a copy of such scanned mail be forwarded to you via postal mail. You acknowledge that unless you direct us otherwise in writing within such five (5) calendar day period, all such mail will be destroyed five (5) calendar days after a scanned copy is sent to you via e-mail. All mail that is unable to be scanned will be forwarded to you at your expense at the postal address associated with the account for the applicable domain name.
2.3.3

1&1 reserves the right to charge you for, and you are responsible for paying, all fees and costs associated with 1&1 forwarding postal mail. 1&1 further reserves the right to charge an administrative charge of $5.00 per item forwarded. You authorize 1&1 to apply any such charges to your credit card pursuant to the 1&1 GT&C.
2.3.4

A telephone number will be displayed in the public WHOIS database for the Private Domain Name which will be answered by a voice mail system. Callers will be informed of how to contact you using the information displayed in the public WHOIS database, however, they will not be able to leave messages.
2.4

You hereby waive any and all claims arising from your failure to receive communications directed to your domain name contact information displayed in the public WHOIS database but not forwarded to you by 1&1. You acknowledge and agree that you will not receive all communications sent to you at the contact information listed in the public WHOIS database. You further acknowledge and agree that 1&1 disclaims any and all loss or liability that may result from your use of the Services and/or your failure to receive important correspondence sent to you at the contact information displayed in the public WHOIS database, including, but not limited to, legal notices or UDRP complaints.
3. Warranties and Indemnification
3.1.

You warrant that the contact information you have provided to 1&1 is and will remain accurate. You agree that you will inform 1&1 within fifteen (15) calendar days of the change of your name, mailing address, email address, telephone or telefax number.
3.2.

You warrant to 1&1 that any Domain Name you may seek to register through 1&1 does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case.
3.3.

You agree to indemnify and hold harmless 1&1, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of the Services or the Private Domain Name.
3.4.

You acknowledge and agree that 1&1 has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (1) reveal to third parties the contact information provided by you to 1&1 in connection with the account for the applicable domain name, (2) populate the public WHOIS database with your name, primary postal address, e-mail address and/or telephone number as provided by you to 1&1, or (3) terminate your subscription to the Services:
3.4.1

if, in 1&1’s sole discretion, you violate the terms of the 1&1 GT&C;
3.4.2

if any third party claims that the domain name violates or infringes a third party’s trademark, trade name or other legal rights, whether or not such claim is valid;
3.4.3

to comply with ICANN policies or requirements, including but not limited to the Uniform Domain Name Dispute Resolution Policy (UDRP)
3.4.3

to comply with any applicable laws, government rules or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or
3.4.4

if any third party threatens legal action against 1&1 that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party’s legal rights.
3.5.

ALL 1&1 SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
4. Dispute Resolution
4.1.

This Agreement shall be interpreted under the laws of the State of Pennsylvania, without regard to any conflict of laws provisions. Any claim, dispute or controversy with respect to, in connection with or arising out of this Agreement shall be subject to and decided by arbitration in the City of Philadelphia, County of Philadelphia, Commonwealth of Pennsylvania, by a panel of three arbitrators chosen in accordance with terms of the 1&1 GT&C.
4.2.

1&1 may without advance notice amend this Agreement or the from time to time, and will do so by posting the new Agreement on the 1&1 website in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check the 1&1 website for updates of this Agreement.

Did you see it? Yep… cheesy Lawyer Tactics basically saying “hey… if you don’t happen to receive important information – OH WELL!

Yet, they DO state this:

to comply with ICANN policies or requirements, including but not limited to the Uniform Domain Name Dispute Resolution Policy (UDRP)

Hmmm… so how do we expect to take ICANN serious if 1&1 is so scandalous that they make their OWN RULES while claiming they need to follow the ones they just broke?

I contacted ICANN…

What a waste. Do these people seriously consider themselves a HELP?

I explained this information and they basically told me to “f##k off” and to take it up with 1 and 1 internet as they couldn’t do anything.

WHY would they post “regulations” on their Registrars if the said Registrars do not need to follow their “regulations”?

I contacted the BBB and hopefully I get some kind of info quickly. I have several high dollar domains on the list set to delete. I’m pretty f##king pissed off right now although there’s not much I can do.

If anyone has fought 1and1 over this ordeal and won – please contact me ASAP! I’d highly appreciate it.

Unfortunately I own close to 200 domains at this point – through 1and1.com and I need to transfer each and every one to GoDaddy.com but I’d hate to spend MORE damn money on doing so. I mean the 99 on the list I’m pissed off about were all recently renewed and I cannot even touch them. They’re scheduled to “delete” is what is showing on the status area.

1and1 is horrible.

1and1 are ripoffs

1&1 are scam artists