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Friday, 09 March 2007

Former CEO Kevin Medina has regained control of the domain name registrar, which has less than a week to straighten out accounts with ICANN

In a legal decision that stunned even the lawyers for the victor, a U.S. District Court judge on Mar. 8 handed over the embattled Web registrar Registerfly.com to the executive who was running it when it began to founder. Judge Peter Sheridan ruled in favor of defendant Kevin Medina, who had been chief executive of the parent company, Unifiednames, before he was fired by two other board members on Feb. 12.

It wasn't immediately clear what impact the ruling would have on the company's future and the more than 200,000 Web site owners who have registered their domain names through Registerfly.com. Concerns over the company have arisen in recent months amid complaints from customers who said they weren't receiving services they'd paid for and a brewing battle for control among owners. Domain-name registrars such as Registerfly.com receive fees for registering Web site names and ensuring they remain current.

"Back in the Driver's Seat"

Medina retook control of the company immediately, but, as of late Mar. 8, the Web site still featured a notice, placed by John Naruszewicz, Medina's longtime business partner and successor as CEO. The statement includes an apology to customers for recent turmoil and assurances that management is "taking every necessary measure to address the problem at its source."

Eugenie Temmler, Medina's attorney, of the Upper Montclair (N.J.) firm of Rabner, Allcorn, Baumgart & Ben-Asher, says Medina "is confident he will be able to correct the problems caused by Mr. Naruszewicz's attempt to take over the company." Interviewed in a Newark (N.J.) courtroom after the ruling, Medina was pleased: "This decision puts me back in the driver's seat," he said. "I believe I have built a lot of customers that will weather the storm."

Naruszewicz, one of the two who had fired Medina and taken control of the company, doesn't plan to appeal the judge's decision. "We lost and it's all over," he says. "The company will implode in days and 1 million domain names are going to be lost. It's a damned shame." Current and former customers reacted with shock on Web forums and e-mails: "This is very bad. Registerfly will be shut down soon," predicts Justin Kulhawick, a former customer who last year set up a Web site, Registerflies.com, to call attention to the company's failings. Among the company's customers are the government of Thailand, the Easter Seals charity, and pop star Michael Jackson.

ICANN Accreditation at Risk....

Read the rest of the article on BusinessWeek.com 

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admin - Quick Tidbit... Super Administrator | 2007-03-08 23:43:55
I've done a little investigation. It seems that Humboldt Merchant Services out of Reno Nevada. It was reported that Humboldt Merchant Services has a reported charge back rate of around or above 50%.

My opinion is that if you've been spending your money with Registerfly and sending it to Kevin, your money would be in his merchant services hands. So in order to alert the source that's funding the operation to get your refund without hassle, contacting Humboldt and any other merchant services about this issue may be advised.

There's a lot of damage here but I think ICANN is forced to do something about it. How is Registerfly going to stand now?

From what I've read in the report above by Steve Hamm, both Glenn, John and Mark are all unemployed for the moment. This thing isn't over.

I wish everyone luck with this and I'll be right here working on ways to improve this site during this entire event.

http://www.hbms.com/infosec.asp
tryingtobreakfree - Transferred domains still list Registered | 2007-03-09 00:02:47
I received word today from Namecheap that some of my domains have successfully been transferred...shows up in their interface and everything.

However, I go to login to my RF account - the domains STILL LISTED and my SETTINGS have REVERTED BACK to what they were a week ago before I initiated the transfer....is there something to protect us from RF's computers claiming to still have our domains although they've been legally transferred? Or worse yet, from RF trying to steal our domains back (especially those who renewed yet it initiated a transfer from Enom)??

ICANN...where are you??
strobhen - check your whois, rf's websit Registered | 2007-03-09 00:03:54
Check your whois information, if that lists your new registrar, you are golden. Registerfly's website doesn't update to reflect lost domain names.

After transferring, your domains are locked for 30 days, nobody can transfer them anywhere. Afterwards, if your domains are locked, nobody can transfer them.
tryingtobreakfree - thanks Registered | 2007-03-09 00:31:53
Looks like they all made it. I give *all my thanks* to the admin for posting this site and everyone for helping out...I had no idea any of this was going on (with NOTHING listed on RF's site, how would you know -- except for the tech support that never responds??) Luckily I had to renew a domain, otherwise it could've been years until I found out.

Now I ask...how do we tell all the other poor souls who have no idea what's going on (or worse yet, aren't techy enough to know where to look for help)??
rader - What planed did this guy live Registered | 2007-03-09 00:49:22
Didn't know about the debacle over here at registerflys until I saw it posted on a techie on-line site, but read it with increasing interest and horror. How something like this can happen is beyond me.

For curiosity's sake I went to their website. Looks kind of plain, non assuming and all that. Saw and read the Important Notice posted about the operations being under new corp control as previous posts had described. Went to the company info link and got another shock...

--- Quote ---
Company Information
RegisterFly.com, inc. is an ICANN Accredited registrar. RegisterFly.com provides industry leading 24/7 Support via a variety of methods which includes, phone, email, ticket system. RegisterFly.com offers domain registrations as low as $2.99/ea and domain transfers for only $6.99. By adhering to our basic principals of low cost and value to our customers and excellent customer service we have grown to be one of the largest low cost registrars on the web today. In terms of number of customers and domains registered we are one of the 10th largest registrars in the world. We are not a "one man" shop (like many domain registrars and resellers) or a "here today gone tomorrow" business, we have invested substantially in positioning Registerfly.com as a global industry leader.

How can you sell domains for so little?

Our business model is based on high volume, low prices and keeping our overhead low. We do not believe in spending millions of dollars on ineffective advertising [color=yellow]or being lavish[/color]. We have built a profitable, thriving business and owe it all to our customers. Our approach is to keep our eye on the bottom line while continuing to develop and offer new products and services to our customers, in other words, value for our customers.

Sure there are other registrars out there cheaper. Some actually are willing to make pennies over cost or worst yet lose money on each domain sold just for the sake of market share, NOT RegisterFly. We are in this business for the long haul.
--- END QOUTE ---

How profitable can you be at $2.99 per domain? Lavish? Other cheaper registars?

What planet did this guy live on?
ultra - low cost for domains... Registered | 2007-03-09 08:31:14
.info domains have been lower than 2.99 - in 2005 Afilias (the .info firm) was allowing up to 50 to be registered for free (with each domain registration firm), so there might still be deals on between Afilias and every reseller.
zgarner Registered | 2007-03-09 11:34:10
Lol. Godaddy sells .info for $.90 so in that light RF was a premium reseller. (:
Lordo - Why? Registered | 2007-03-09 01:23:56
What does this Medina have against us, the cutomers? Is he after a quick buck with no services or what?

And this ICANN should name itself ICANN'T

I have never ever felt this stresses and desperate before in my life! 4 Months of damage and fear so far!
SyncMaster Registered | 2007-03-09 06:21:27
From what I understand and have read. Its a quick buck for some liposuction, escort services, fancy cars and some penthouse suite in Miami..
msgia - ICANN's Registerfly Update Registered | 2007-03-09 01:59:13
Here is a link to ICANN's Registerfly Update regarding the court ruling on March 8th.

http://www.icann.org/announcements/announcement-2-08mar07.htm

My transfer is already in progress. I will breath a sigh of relief when I am out of rf's clutches. This has been a very stressful 2 months.

Marion - Bottom Line Registered | 2007-03-09 03:24:23
it looks like this "battle of the partners" was just a contest over who would get to sell the Registerfly database to another Registrar (and who would profit from that sell). The ICANN announcement gives the impression that the Registerfly Customer Database has been sold to Enom.

It only took a matter of hours after the court decision for the Registerfly Customer database to end up being managed by Enom.
liveNEARregisterfly - Lawyer for kevin Registered | 2007-03-09 03:41:21
here the site for the lawyer who defended Kevin.

http://www.lawyers.com/New-Jersey/Montclair/Eugenie-F.-Temmler-1101308-a.html?
liveNEARregisterfly - lawyer website Registered | 2007-03-09 03:43:34
Other profile at lawyer website:

http://www.rabnerallcorn.com/jsp2116719.jsp
TOPEND655 Registered | 2007-03-09 04:55:01
I THINK THIS COULD BE THE BEST NEWS FOR US ALL. I have been convinced for a long time that the partner who was in control (well tried to be) was actually the scum bag. That was one short court case for such a blown up 'scandal'. The whole time the old CEO had control it was THE WORST it had ever been in terms of service and TELLING LIES. I knew all their 'stories' of Medina where pulled out of there ass to pass blame like they didnt do ANYTHING .. that Medina is just a dirt ball that one day decided to bury his own company. Medina deserves the company .. and I think blocking access for the other 'partner' was something he COULD DO, WOULD DO .. and DID .. if they tried to 'overthrow' the CREATOR.

HORRAY FOR MEDINA.. (unfortunately id still never use your company)

Being out of the courts now (so much for the 'FBI confrinces') .. maybe Medina will tell his side of the story. I knew the FBI wouldnt be getting in volved over a business partnership problem. They have no time for that when theres more important things to do (that they dont even have enough time for). That Partner that was in charge for Jan, Feb .. was the BIGGEST A** HOLE. HE RUINED THE COMPANY. If Medina wanted to spend money on girls and a penthouse.. then so be it. Its his company. If it was to the point they couldnt renew domains .. thats a problem.. and for some reason I doubt he was that dumb.. b/c he did CREATE one of the internets biggest registrar companies .. so I dont think spending more money than you have is something he was capable of doing w/o a good motive. Unless he truely wanted to run the company into the ground and spend as much of its money was possible .. then thats his decission and obviously no one could stop him. Legally i think this proved he has not done anything wrong and that that shmuck incharge for 2 months needs a can of act right.

Also you can see how the former partner DENIED ICANN access to the company to HELP protect its customers. I think its pretty obvious what was going on, and since we were only dealing with the former partner .. we were getting HOSTILITY, LIES, TROUBLE and BULLSH*T.
TOPEND655 Registered | 2007-03-09 05:17:16
"Medina denied misusing company funds and accused Naruszewicz of using fraud to take control of the company."

THAT SOUNDS ABOUT RIGHT TO ME.

O ya. .. wonder whats happening with all the 'real estate' the former partner supposidly mortgages to put back into the company. (:Caugh: more B/S from him)


.. ok so reading the Business Week article .. the former owner and a 3rd guy fires Medina .. They have ZERO Stock in the company.. and Medina has 50%. CANT BE DONE. Two no bodys tried to kick out the biggest share holder and CREATOR. IDIOTS. Then they braught down the entire company in there 2 months in control. (partially b/c Medina was protecting what he created from these madd imposters).
RegSucks Registered | 2007-03-09 05:25:12
Nothing has improved since these 2 guys started to get control over the company. I am still not able to transfer my domains due to missing auth codes. So I guess it won't be able to get worse once Medina returns..... .
flytrap - To Admin: Registered | 2007-03-09 06:30:54
Dear Justin,

First of all thank you for helping countless RF victims with this site.

Now I'm glad to see the big media are starting to get interested in the RF debacle. Also, there are an increasing number of RF users willing to get legally involved in the matter.

In order to provide a more orderly and clear information, it would be very helpful to start a front page "sticky" thread with the facts and chronology of the main parties involved in so far:

RF/UnifiedNames, Kevin Medina, John Naruszewicz/Glenn Stansbury, ICANN, Enom, and Registerflies.com

I'm sure many of the users, including myself, would be more than happy to help.
jbarr - Just as a precaution... Registered | 2007-03-09 07:26:04
It may be a moot point, but if you have any concerns about being charged again, go into your account settings and delete any saved credit cards. You can always add funds later if needed.
MikeInMass - THANK YOU ADMIN Registered | 2007-03-09 07:46:09
For all the countless hours and money you have put into this cause. And you who got out a long time ago, had nothing to gain by helping us all but did it anyway. I really appreciate your time and effort on behalf of us that didn't have a clue about what was going on at RF. You have my admiration, respect and sincere thanks!

MikeInMass
admin - Thank You Super Administrator | 2007-03-09 07:48:53
Thank you kindly Mike. Your kind words are taken to heart. Thank you all for being here as we ride this storm out.
msgia - re: Just as a precaution... Registered | 2007-03-09 07:47:36
jbarr wrote:
It may be a moot point, but if you have any concerns about being charged again, go into your account settings and delete any saved credit cards. You can always add funds later if needed.


jbarr: I used credit/debit card to renew my domain. How do I check to see if it is stored at rf? Thanks
dsmj - QUESTION Registered | 2007-03-09 08:05:44
IF REGFLY'S CUST SERVICE IS THIS BAD,
THEN WHERE, TO WHOM, AND HOW DO WE REPORT OUR DOMAINS LOST BY REGISTERFLY?

Perhaps we should or ICANN should create a registerfly failed renewal directory ( listing )

...so we can report our issues somewhere.... anywhere that a responsible 3rd party is.

All this back and forth fingerpointing nonsense and such has left the real problems in the dust.

Registerfly turns it's "Failure to renew" domains into monetizing Linkfarms, while webmasters are losing it all.

IS ANYONE OUT THERE?

ICANN WE NEED YOU
Samson - Lawsuit Registered | 2007-03-09 08:41:51
ICANN can't help you with that, really. Things have gone well outside the scope of what they can *LEGALLY* do for you. Or anyone else. Except for those domains not yet expired.

You need a lawyer. Traverse Legal specializes in domain law. Might be a good time to go hit them up.
flytrap - The might not be able to help. Registered | 2007-03-09 09:33:43
... But they are possibly liable for negligence.

http://tcattorney.typepad.com/anticybersquatting_consum/registerfly/index.html
Skrewed Registered | 2007-03-09 08:09:43
Well at least I get a different error now when changing contact info to 'invalid IP' and emails stating that the info has been updated.
diogenes99 Registered | 2007-03-09 10:13:26
Me too. Error: Invalid client IP:

They changed the admin contact information from my email address to transfers@registerfly.com, then they locked the domain, then they put in the silly Error: Invalid client IP when attempting to change the email. So there are many layers of crap between me and my domain. When I called the support line (FL does not work, NJ does), they clearly are clueless and said to call back in 24 hours.

ICCAN will need to help me because without MY admin email in my whois record, I cannot do anything.
RegSucks Registered | 2007-03-09 08:45:03
And again, I called Registerfly to try to get my auth codes. She said that they have problems with their system and cannot produce them, I should call them again in 24 hours.... .
rashal313 - Registerfly.com is total FRAUD Registered | 2007-03-09 09:09:53
Luckily I transferred some of my domain before expires. But I did lose valueable domains.
sirchadlington - Your name Registered | 2007-03-09 09:45:41
avatar Just so you know admin.... your name, Justin Kulhawick, is revealed in the article... so it's taking away your anonymity. Just a heads up.
kimvette Administrator | 2007-03-09 20:03:18
He has already admitted to such.

Did you have a point to make?

$.02
mikey1 - re: Registered | 2007-03-09 10:00:47
TOPEND655 wrote:
"Medina denied misusing company funds and accused Naruszewicz of using fraud to take control of the company."

THAT SOUNDS ABOUT RIGHT TO ME.

O ya. .. wonder whats happening with all the 'real estate' the former partner supposidly mortgages to put back into the company. (:Caugh: more B/S from him)


.. ok so reading the Business Week article .. the former owner and a 3rd guy fires Medina .. They have ZERO Stock in the company.. and Medina has 50%. CANT BE DONE. Two no bodys tried to kick out the biggest share holder and CREATOR. IDIOTS. Then they braught down the entire company in there 2 months in control. (partially b/c Medina was protecting what he created from these madd imposters).



This is EXACTLY what I have been thinking all along. Like mentioned before, everyone has been taken for a ride. Not much of the information here was verifiable by anyone. When Kevin did regain during all these problems, things started working. When John got control back - EVERYTHING BROKE..

People need to understand that just because it was posted on this site, it does not mean to say that it is accurate or true. The only articles I believe are the ones backed up with official sources. Not hearsay.... You can argue it's not - it won't change my mind..

People - WAKE UP!!!
diogenes99 - re: re: Registered | 2007-03-09 11:21:13
mikey1 wrote:


People - WAKE UP!!!


In the ICANN complaint, it looks like Kevin is the one they most communicated with, and were stonewalled by.
Samson - ICANN Registered | 2007-03-09 11:42:03
Who else was ICANN supposed to be in contact? Kevin is the only name on the papers, so he's who they had to deal with. If Kevin caused all the problems, stonewalled them, and has been screwing us all, then when the 15 days are up it'll all be over.
a101 Registered | 2007-03-09 11:30:08
Well if "Kevin" is so great then WHY do we not have a public statement from him?

I'm not siding with any of them!
.
registerflynomore - Kevin Medina Arrested? Registered | 2007-03-09 11:34:43
You know it does make you kind of wonder about all of the stories John told about Kevin. Like the ones where he said he had hard evidence that was definitely going to get Kevin arrested right away. As far as I know, that never happened. Regardless of what has been said and whether it's true or not, the simple fact remains that Registerfly has become a disaster and anyone that continues to trust them with their domains is a fool.
reelcon2 - WAKE UP Registered | 2007-03-09 11:51:04
Has anyone examined the losses by other registrars? How long do you think these companies can continue to take a loss on domain names? When GODaddy was filing their IPO paperwork their annual loss was pretty substanial and in the 100s of thousands each quarter.

Many startups like Reg Fly followed the lead of the GODs(addy) .. my guess this is the first in many to tumble.

WAKE UP all you people transferring away to companies who live off cash flow and don't make a profit!!

Louie
josephmartins Registered | 2007-03-09 12:28:55
What a damned soap opera.

May the entire senior exec staff, board and founders get what is coming to them. I have zero tolerance for incompetence.
helpivebeenrobbed - LOOKING FOR ANSWERS Registered | 2007-03-09 17:42:05
Glad I found this site, Thanks!

For five years I've had a strategic business plan and have been carefully buying strategic domains for it. Finally I'm in a place to develop them and have a good group of volunteers to help me, but...REGISTERFLY HAS BLOWN UP!

The last three plus months have been absolutely terrible - I have over 200 domains with them- some of the best, and I believe quite valuable ones have been lost and bought by other people- in spite of the fact that they were renewed, payed for, and notified they were renewed, and listed in with my list of domains I own with registerfly. Others after looking up different "who is" records I saw were pending delete - and there was nothing I could do to stop it!- Waiting for hours to talk or chat with a customer service agent only to be told basically NOTHING - The ticket system has been a joke - For some time, I have dealt with people that do not clearly understand English- and give answers that have nothing to do with what I am asking.

MY Dilemma besides the high quality domains I lost, is that I don't have the cash on hand to transfer several hundred domains.
THREE QUESTIONS - IF ANYONE HAS AN IDEA AND IS KIND ENOUGH TO TAKE THE TIME TO SHARE.

1. Is there any options for those of us who have lost valuable domains - can ICANN step in and say that since fraud was involved, the transfer/purchases of these domains are null and void? and give the rightful owners an opportunity to buy them back (even if we had to reimburse the speculators their expenses)

2. The couple hundred domains I still have at registerfly and don't have the money to transfer, what is their fate? I am a director of a Christian non profit - a few of these domains are central to our mission - even if their expiration date is not near, are they still in danger? I may be able to get the funds to transfer a few - in my prioritizing process, I'm trying to determine if even the domains with six months or several years left, are still in danger if registerfly tanks.

3. THOSE SEEKING LEGAL ACTION AGAINST REGISTERFLY - I AM THE PERFECT GUY TO JOIN YOUR CASE!!!
a. I have a documented history of major foul ups with registerfly - can prove a pattern of incompetency many many major costly mistakes before the recent controversy. As an example - 3 years ago I renewed a very valuable domain. They took my money and notified me that the domain was properly renewed. MY records in my under my account consistently showed that it had been renewed (new expiration date). The who is records on registerflys site showed that I was the owner. A half a year latter I went to develop the site and found out that it had been bought by someone else. I checked the "who is records" on registerflys site and I was still the owner - reflecting the renewal site. I then checked "who is" on another site and saw indeed it was bought up by someone else. (I strategically bought this domain as soon as the .cn registry was open and got a very valuable domain yet lost to registerfly's incompetence - my complaints fell on deaf ears not understanding English (or pretending not to understand my complaint) - just one of many screw ups before the recent problems - so I would be valuable to show a pattern of screw ups.

b. I HAVE IN WRITING - through the ticket system, last fall a complaint about not being able to renew many of domains - their response was that they were aware of the situation, working on fixing it and "NOT TO CONTACT THEM AGAIN ON THIS MATTER"I followed their written instructions and then lost valuable domains.

[c]I have suffered a huge financial lost due to their incompetency and refusal to put proper resources into fixing the disasterous situation. I have many incredibly valuable domains - don't want to list in a public setting since a few are still in "no mans land" but woould be willing to email them to someone for this stated purpose - you'll be amazed.[/b] Also I've lost MANY quality domains due to this and am an owner of a large amount of domains with them (262).

d. as a side bonus - I am a minister and have spent my life helping the poor and needy (see christcares.org) - this life choice of mine has made it challenging financially but yet rewarding - anyway, having me on the team might help with credibility issues- it's obvious I've not spent my life looking for a quick buck.

Thank you - I will check back this forum or better yet drop me an email at internetminister@hotmail.com My name is Scott Reese and I deeply appreciate any advice.


PS. I also informed registerfly some time ago that one of the problems they were having was when people renewed domains through them if they had a lock on the domain or used a registerfly "who is protection" service the domain transfers from enom were not going through. We bought the domains from registerfly - why would we think that we would have to unlock our registerfly domain to renew it from registerfly?
Samson - Lawyer Registered | 2007-03-09 21:17:26
You need a lawyer. Pure and simple. If you're serious about getting your domains back, then this is the step you must now take. You can't rely on ICANN to do anything to get them back for you. That is beyond the scope of their authority.
TOPEND655 Registered | 2007-03-09 18:21:25
I have also lost at least one domain several years ago through registerfly, but I never bothered with it b/c it wasnt a domain i really cared about. I went to the domain one day and another site was put up. When I went to my Reg.Fly account it was missing. Im certain they have been reeking havic on the domain name industry for about there ENTIRE EXISTANCE.
TOPEND655 Registered | 2007-03-09 18:26:02
I say they should just continue to ruine peoples lives b/c no one has/will have the balls to do anything about it.
oshea_in_hell - Lost Domains Registered | 2007-03-09 21:08:04
For lost domains, all you can do is initiate a legal suit. If the names involved were derivatives of trademarked you hold, you are in a good position, and the new registraar will likely restore them name without much fight.

If the names are not trademark derivatives, and they were lost solely do to the non-performance of your registrar, they are lost. Your best bet is to try and buy them back from the new owner. Then you can file a small claims suit against registerfly.com to recoup your reclamation expenses. (However, I would suggest that unless your reclamation costs (buy back costs) are very high, this is not likely worth the trouble and efforts, since it is quite unclear if Registerfly.com will survive as a corporation.

This isn't a an issue of "having balls". This is an issue of contract law, plain and simple. The ICANN registrar accreditation agreement is a contract between ICANN and a registrar. It provides ICANN certain limited rights (which ICANN has been exercising, but did so very much too slowly unfortunately). Otherwise, ICANN cannot really do anything beyond its civil contract rights per the contract. It has no governmental powers.

ICANN in fact does actually have the power (per any contracts) to prevent the domain name losses either, however it has secured the voluntary cooperation of the master database administrators (Verisign (aka Network Solutions Inc), Afilias, and a the other global Top Level Domain name database administrators (.com, .net, .info, .edu, .biz, .org, etc.) so that names registered via Registerfly that do expire, will be locked in a no-delete state, rather than put into the open-wild where they could be purchased by "new" owners. ICANN did do that- that will stem further losses. It does nothing for people that have already lost their names.

If you read your agreement with Registerfly (its posted on their site), the one to which you clicked an "I agree" button when you paid your money (same as signing your name guys), they you would realize that YOUR contract with Registerfly gives you basically ZERO rights, and registerfly all kinds of rights. Registerfly's total liability for loosing you your domain name? Well, just the money they charged you for registering it, but then didn't do it... e.g. they have to give you your money back. You INDIRECT loss suffered from your LOSS of the domain name because registerfly did not provide service (the ultimate level of non-performance) is covered in the agreement (a contract), and registerfly is covered.

You have no recourse, depending on the state in which you live... or country. If you are outside the U.S.A, then the laws of the state of New Jersey apply, and they allow indirect damages to be limited (as in this contract), so you have no recourse.

If you live in a different state, but in the U.S.A, then the laws of the state in which YOU live apply. Those laws may not allow a companies contract to limit indirect damages, so you can sue for indirect damages. Unfortunately, the registerfly contract provides that you agree in such case that the maximum liability on registerfly's part is again, the amount of money you paid to have the domain registered. (You get your money back).

Again, in a lawsuit, anything is possible. If you had extremely valuable property in that domain name, you can hire a lawyer, and file suit- and see what happens. But if the name was truly worth just a few hundred dollars, or even just a few thousand (say $2000-$3000) dollars, you are just wasting your time. The lawyer will cost more than that- and your return on the lawsuit will be negligable.

Just realize, you have been waxed over by a likely failing company, and you unfortunately have that happen to you in business all the time. (A customer owes you big time, and fails, leaving you unable to collect on his debts to you, or goes bankrupt. Your recourse is? zero...

This is basically no different.

If you can get your names out, do so.

If your name is an Enom registered domain (use whois to figure that out, not registerfly's whois....) but is trapped because you had protectfly turned on, you can't use registerfly.com to fix it. They don't have access. Registerfly is supposedly turning over client data to Enom for THOSE names in the next few days. That will allow you to renew with Enom FOR THOSE NAMES.

If your name is registered with Registerfly.com (different than registered with Enom, but front-ended by Registerfly.com as an Enom reseller), then you have to deal with Registerfly.com.

To get your AUTHCODE to get out of town, use the Registerfly.com interface, ManageDomains -> DomainInformation -> Configure (must click the configure button) -> on redraw, scroll down the botton, there is your AUTHCODE.

If that AUTHCODE is BLANK. Use a non-registerfly.com WHOIS to check the domain registrar, many with this state are Enom domain registered addresses. If so, print out Registerfly screen, and your registerfly Contact data (with the account name in both shots), and send to Elida.Flores@enom.com along with your Enom account name (get one at Enomcentral.com if you do not already have one) and have Elida push (that is an internal-registrar transfer, called a push, since you do not actually have the name change registrars) have them PUSH the domain into your Enom account, instead of leaving it in the Registerfly account at Enom that it now sits in. Then you will have control again.

If your AUTHCODE is blank, and your registrar (whois) is ACTUALLY registerfly, then you should check your Protectfly status. If it is ON, then turn it off... Also unlock your domain.... THEN, check your AUTHCODE again. If it displays, then transfer your domain to another registrar.

If non of the above, you have one of the domains that is truly stuck. (This is actually a small subset of the domains folks, most of them actually fall into the catagories above, but unfortunately, some are in this truly messed up state, within registerfly.com, with registerfly.com as the registrar, with LOCK or WHOIS not able to be modified. (I note, MOST people who cannot change LOCK or WHOIS are ACTUALLY registered via ENOM, with registerfly.com as a reseller. But then registerfly as reseller has been locked out of Enom, and so the registerfly.com interface can no longer be used to affect changes on those Enom names. You need to take the above mentioned Enomcentral route to regain control of those names.

Otherwise, file a ticket, call the FLORIDA phone numbers (now that Keven M. is in control again, Florida is now the place where any actual tech support will come from) and get someone to unlock and fix your domains. Those last cases, will be frustrating, since I would imagine that the tech support will be pretty pathetic. e.g. a lot of 1st line tech support, with minimal training, with only Kevin M as backup. And Kevin will likely be busy trying to provide things to ICANN and Enom as already promised, and trying to keep his VISA processor (credit card processor) from cutting him off. So tech support will likely be terrible for the forseeable near term future.

One can only hope that Kevin manages to actually unstick this messed up system within the 6 days remaining to him. Otherwise, ICANN will with CERTAINTY, discredit him (revoke accreditation) and that will leave such names unmanageable. If such names have protectfly on (which most do that are having problems), the public WHOIS information will not show YOU as the owner- so you will be stuck.

You will have to reclaim the name through an as-yet-to-be-defined mechanism that ICANN will have to invent..... whereby you show proof of your previous ownership of the name, and are thus allowed to tranfer the name out of the DOMAIN-NO-DELETE-LOCKED, status that the domain database administrator will put it into when it expires, or even if it DOES NOT expire, when the nameservice goes away (because registerfly.com turns off nameservice, for instance if they go bankrupt), and your name, though not expired, though registered (but with protectfly on, anonymous), and now without nameservice, and registered (in the master database) with years of registration left, but broken nameservice- you will loose service on the website. You will again (much like a locked no-delete name), have to prove the name is yours (invoices, emails, etc.- if you don't keep those billing confirmation emails, you have no proof....) so that you prove the name is yours, since the whois data will be set to the protectfly service (e.g. to Kevin Medina). He isn't stealing your name, you turned on Protectfly because you wanted to be anonymous... Only registerfly knows who you are, NO ONE else, not even ICANN, or the master database holder. (The master information is PUBLIC, its the whois data... you didn't like that, so you chose to use ProtectFly, well, it has this major downside when the privacy vendor (Registerfly.com) fails...). Bummer for you.

Find your proof, or find a new domain and start over...

If you are a website hosting agent for customers, and you didn't keep those emails, then you are a damm idiot.

If you are individual, then I feel for you really. I know I deleted most of that stuff for my own domains, who would think you would need to keep it.

Anyway, get busy, you have 6 days, and if you work tirelessly for the weekend, you ought to be able to get registerfly.com domains out, and get the documentation together for any Enom domains you have trapped. Send your information to Enom this weekend, and call Enom on Monday, and keep calling to you get those domains moved.

And on the truly, truly, stuck domains, hope that Kevin M. gets his site working well enough to solve your problem before the 15th, or that Kevin solves all the ICANN's issues sufficiently before the 15th that ICANN doesn't...
kimvette Administrator | 2007-03-10 23:51:21
Well, in the case of RegisterFly, they are liable and that "contract" can be voided in court due to negligence and willful misconduct.

$.02
oshea_in_hell - Proof of Ownership Registered | 2007-03-09 21:55:49
If you purchased your domains in the last few years, then using the Registerfly.com Reports feature will provide a list of the transactions you have made, including purchasing or transfering domains names. There is your proof. That combined with a re-ordered (backordered old statement from the credit card vendor showing the same dates, should be enough to convince anyone). If you used Paypal, then you can get an list of transactions with them as well (same idea).

Unfortunately, very old domains that were purchases or transfered a long time ago do not show up in the Registerfly.com Reports listing. He only appears to hold data back a few years (not all that surprising). Few people keep transactions going back forever....

Otherwise, look for old emails, or print outs of old emails.

If you cannot do that, but your website is still running (but trapped). Then print out the Registerfly.com URL forwarding settings as they exist today on your running site.

Then modify your site to show yourself as the owner on the front page. Use a browser, and navigate to the page. Make a screen shot. If you set up your entry page with a VERY LARGE FONT, Showing your Name, address, phone, etc. (just like WHOis), and then use the who.is (whois lookup service), that service will actually traverse to your site, and sample a screen shot in a small subwindow, along with the current registrar and current ACTUAL whois data.

Make a screen shot of that as well. It can show that you had control over the domain name (by virtual of total control over the URL forwarding, and teh content on the website), and that can act as your proof of ownership. (It won't convince everyone, but it may end up being sufficient for whatever process ICANN ends up creating... who knows..., better than nothing).

Any, find some proof of ownership for domains that are stuck, that you can't get out, but over which you still have control.

If you have already lost control of a name, and it has been legally purchased by a new owner after it expired, get with the new owner by email, and make a reasonable offer. Plead your case, and suggest that they should accept your offer lest you resort to legal action....

If the name is truly valuable, and you were simply a name speculator, and the name wasn't really in use, but just parked, and you lost it do to your own actions, or the actions of the registrar you contracted with (Registerfly.com), the new owner is likely to have little sympathy. Some may in fact have known that the name was likely in some distress owing to its registration via Registerfly.com. Such people will not have sympathy, they are looking for a quick and easy profit. Give them one..... Make it reasonable, but not generous.

If the name really isn't worth it to you to buy back- then realize that you just suffered a moderate business loss, and move on...

That's my two cents. This whole debacle was unfortunate. ICANN should have acted earlier, but truly they didn't (and still do not) have the processes in place to deal with a failed registrar that isn't bought up quickly, and certainly not one with this many names in management.

You can read the ICANN public registrar discussions, high on the list is discussion of new Consensus Policies (Registrar majority agreed new policies to which they are agree to follow, and which then become contract obligations under their RAA contracts with ICANN, once the majority agree to so follow- actually I don't know the % total requirement, it may be a supermajority... 66%, or other %, but once so agreed, its part of their contract). But today, they do not have a mechanism and a policy to deal with this.

For instance, ICANN is just figuring out that with ProtectFly, or any other vendors "privacy" mechanism, in the event of a failure, the ESCROWED DATA is useless, since the ESCROWED data is the Whois data, and that only shows Registerfly when ProtectFly is enabled... Oooooopppppsssss, think ICANN might have had a bad plan (no plan) and inadequate contracts. Sure they did. Are they trying to fix it as fast as possible per their in place mechanisms (yes, but registrars have to come to agreement on the new mechanisms- it will take time.) All that means is that ICANN will learn from this disaster, and hopefully prevent another disaster.

But in this disaster, there is nothing in place, except data escrow. The RAA only requires data escrow of the WHOIS data..., not ACTUAL customer data. (The two are in fact supposed to be the same, but basically all registrars started selling privacy services because it was a way to make money, and it does cut down on SPAM for customers). So, registrars engaged in a common practice for which the RAA agreements had not anticipated in their original wording and protections (in the event of registrar failure), and hence the contracts (RAA's) do not really provide ICANN with a proper remedy on this first big collasal gigantic public failure.

Yes, mud on their face big time. But that doens't help you, the hosed over domain holder. You are still hosed over, with no one possessing a legal mechanism to compell registerfly.com to do the correct thing. The customer list of registerfly.com (your information), is an ASSET of registerfly.com. Not of ANYONE else. Not of ICANN, not of the master database admministrators, not of ANYONE, just registerfly.com (The same is true for all other registrars). Hence, ICANN cannot just "go in and legally take the database". All it can legally do is require that Registerfly.com provide the required Whois escrow data. Registerfly.com has done that- but that does NOT help anyone who has ProtectFly (any privacy service) enabled on their domain.

In short, no matter who your register IS, or will be, I would frankly NOT recommend EVER using a privacy protection service (whois protection), until such time as ICANN provides new consensus policies that require the some sort of private escrowing of that data to ICANN. Today, that is not the case, and it will likely be well into the year, perhaps next year before such consensus policies are reached by registrars (if they are reached at all, since that exposes registrars greatest assets to others, and they are likely not to excited about that prospect). Likewise, registrars do not really tell you the downside to privacy services. e.g. That if they fail, you are screwed. Nor do that tell you that when pressed via a thread of legal action, most of them will cave in like a damm made of sticks, and reveal your identify in a second. So your data isn't really all that private.

The ONLY real benefit to privacy protection (whois protection) is SPAM prevention. Unfortunate (SPAM is a plague upon mankind), but buy a SPAM filter, and live a public address, that is monitored (at least once a week), on which you set a WHITE-LIST entry for any domain from your registrar, and otherwise run the most agressive possible SPAM protection on that email address, and BUCK UP.

Whois protection is for sissies, and the costs are too great, which you are now learning the hard way....

Salt in the wounds I know, but the truth hurts. Go find that proof of ownership.... You only need it because you used whois protection.
SyncMaster - re: Proof of Ownership Registered | 2007-03-09 23:18:29
oshea_in_hell wrote:

The ONLY real benefit to privacy protection (whois protection) is SPAM prevention. Unfortunate (SPAM is a plague upon mankind), but buy a SPAM filter, and live a public address, that is monitored (at least once a week), on which you set a WHITE-LIST entry for any domain from your registrar, and otherwise run the most agressive possible SPAM protection on that email address, and BUCK UP.

Whois protection is for sissies, and the costs are too great, which you are now learning the hard way....

Salt in the wounds I know, but the truth hurts. Go find that proof of ownership.... You only need it because you used whois protection.


You hit the nail on the head here. I for one will NEVER EVER use whois protection ever again.

I am going to go back to the old fashion way of things and have my details listed in the whois.

Furthermore I will go back to using ChoiceMail as that is the only program that truly stops you from recieving spam. As it sends out a confirmation email to everyone who emails you and unless they enter in a code more or less like the code you have to enter on this forum to post a message. You wont see their message. So it completely stops spammers in their tracks. You can also add anyone to the whitelist. So all you would have to do to get emails from your domain registrar is add their domain name to the whitelist. Then everything else you never see or just gets deleted after a few days or whatever time interval you set it to delete the spam.

I brought the registered version. But theres a completly free version which is all you need just to protect your email address associated with your domain names.

Check it out for yourself here:

http://www.digiportal.com/index.html
kamil1 - protectfly was forced on some Registered | 2007-03-10 01:07:30
These are generally excellent points that you are making. One remark regarding protectfly: I never paid for it, yet I'm stuck with it now. RegisterFly simply turned it on without asking if I wanted it.

I mean, am I expected to check every week if my domain's whois data is still accurate? No. I checked it when I registered/transferred, and figured that would be good enough. I re-checked when I wanted to renew my domain in December, and that's when I noticed that something was wrong. I haven't been able to get it fixed since, in spite of numerous support tickets, phone calls, etc, most of them before the February collapse.

So, correct as you are in your diagnosis of our current situation, please don't imply that we brought it onto ourselves by opting for ProtectFly.

BTW, I'm so glad I'm at least using my own nameservers
mopey - re: Just as a precaution... Registered | 2007-03-09 22:45:10
jbarr wrote:
It may be a moot point, but if you have any concerns about being charged again, go into your account settings and delete any saved credit cards. You can always add funds later if needed.


er... i did that... and a few days later... all of the cards appeared again... go figure! I deleted it again. Now monitoring to see if they "appear" again...
shaunnt1 - Just Got Out Of Hell Registered | 2007-03-10 02:43:50
I have my domain back. Words can not describe the living hell I have gone through getting it back. I will pray for every one who is still trying to get out.
A Cherry On Top - mis-informed Registered | 2007-03-10 09:25:56
Don't be fooled, Kevin is the dodgy one and I have studied many reports and statements from ICANN & on this site. For those who are now saying he is the good guy, I think you are very mis informed.
steveperez - Enom accounts Registered | 2007-03-10 15:57:36
Since Enom now has some of the domins associated to registerfly, has anybody had success with transfering out of registerfly and into ENOM?????
diogenes99 Registered | 2007-03-10 23:38:47
I received an email a week or so ago from enom with a link. When I clicked on the link, all my domains were pushed (no charge) to enom. All then had auth codes. Now ALL my RF and enom domains are unlocked, and transfers are pending at godaddy.

So in 5-7 days, they should automatically roll to godaddy. I have my fingers crossed.
blakilox Registered | 2007-03-11 01:54:35
Seriously all you Guy's going on about Whois Protection!! I had Whois turned off for ALL of my domains, and it has somehow been turned ON for 98% of them. I'm part way through the tedious process of retreiving my Auth codes, which isn't available on an easy report, not that reports work anyway, I never get any report emails, and now most all my domains are suddenly Protect Flyed... who could do somethign about that?
Buster - The truth IS out there... Registered | 2007-03-13 12:28:06
Whether all this stuff about Medina is true or not, or whether he's been setup by the fellows that want to take over RF, I don't know.

The judge, presented with more "facts" than any of us know, obviously saw something to have ruled as quickly as he did in Medina's favor.

And to those committed individuals "dedicated" to keep RF afloat, they sure gave up the cause easily enough.

So, for me it's all sheer speculation about who did what and why.

I do know, as a businessman, Medina has everything to gain and nothing to lose by correcting the current situation to everyone's benefit, including his.

Conversely, he has everything to lose and nothing to gain (except maybe jail time and lawsuits) by not doing so.

Even if he did have a major brain fart and went to Florida, he'd be a complete idiot by simply abandoning RF and its vast customer base.

No, I think short of being incapacitated in some physical or mental way, Medina will try to control the bleeding by doing whatever's needed to bring RF back to stability.

We all got panicked by the early reports and instantly believed what we were being told without questioning who or what was really behind it all.

Like the stock market crash, the ensuing panic made it even worse and contributed to the Great Depression that inevitably followed.

Or like Chicken Little, maybe the sky wasn't really falling after all, just some thunder clouds and a few raindrops.

Just my 2 cents.
Buster Registered | 2007-03-13 12:47:48
Oh and by the way, I jumped over to GoDaddy when all this started. They've charged my credit card for all my domains even though I wasn't able to transfer any of them. (I expect to be fully refunded, tho.)

And GD customer support was lacking. One guy seemed he couldn't believe me when I told him the RF auth codes were not where he said they'd be and never called me back, as he said he would.

The second guy was a little more understanding but offered no more help or information than the first.

While I understand GD couldn't really do anything about the RF auth codes, they were really poor CS reps.

I believe the real problem (and responsibility) is with ICANN. I'm sure RF is not the first reseller to have had
....(ahem)....administrative problems. They may be the biggest example, but certainly not the first and only.

ICANN should have a strict qualification process in place, including financial requirements, for anyone who wants to resell services provided by an ICANN accredited registrar. The accreditation should not simply pass through.

As it is now, anybody can resell domain name services. And I mean anybody including those with criminal intent to begin with.

If ICANN is the authority, then ICANN should have the responsibility for protecting us from anyone acting or posing as a reseller.

Once the dust clears and losses are counted, ICANN should ultimately be responsible.

OK. Now it's my 4 cents.
ditto Registered | 2007-03-14 13:52:35
Thanks to the Admin for this site, Great Job!

I've mean't to get out of RF for almost
a year due to the poor service but it
always seemed such a hassle. If only I had
known what was coming!

I have two sites that are down both integral
to my business I've lost customer contact,
sales, reputation damage not to mention
search engine ranking impact and I'm facing
a block on a new product launch all down to
the shambles that is RF.

Quick question if anyones got an answer?

I'm transfering out in two directions.

One of them to eNom. Only it's not strictly
a transfer as the domain names I'm sending
that way are down in the whois as registered
via eNOm.

So my question is... surely I can't be charged
for them 'fixing' their records to remove
any trace of Registerfly and take the DN's
into their system?

After all they bear some responsibility
having dealt with RF.

I would transfer elsewhere but it just so
happens that all the DN's with eNom
have missing Auth codes. Coincidence?

On another note I noticed others, like myself,
with DN's that have expired or not been
renewed after payment.

I have two DN's in this state and checking
the RF admin they are expired but checking
the whois eleswhere they've been renewed.

So, although they're down it's due to RF's
lack of support that they're not back live.

Hopefully that will give somebody in the same
situation a little peace of mind. ;)

Waited 24hrs now after wasting all day trying to
sort the DN mess out and set transfers in motion.
An email to icann is next on the cards me thinks.
f**ckedFly - It's ofcourse bigger than we Registered | 2007-03-16 23:33:24
They are all thiefs who are invloved, Medina and all the people that worked with and or for him where aware of this, ICANN and ENOM knew way back that things where going bad!! Just now because their names come in the news they make some statements, but still no action, what a shame, but expected of Corporate Crime of America!!
Thunderft - Where are my website files now Registered | 2007-04-29 10:10:27

This may be a mute point at this stage, But has anyone found out who the company is that was providing the Virtual Hosting services to Registerfly?

As my Plesk Control panel is offline, I cant retrieve my proprietary site files so I can move them to a new hosting service.

Basically my site files are just gone.

I can no longer FTP in, or Plesk in.

If the company the provided the Virtual Hosting can be located, it might be possible to contact them and see if I can retrieve my files off of their machines..

Anyone got a clue who that might be ??

Bill
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