My name vanished

[sdsinc]

Strange story with a name:

I registered FEMMEFATALE.ORG back in 2001 but the name has never been used. It was registered with Namebargain at the time.
Logging back in to my Namebargain account.
Can't find the name. Sending a message to Namebargain.
Namebargain tells me the name is with Enom.
Why ? No idea. I have never initiated a transfer to Enom.

Sending an E-mail to Enom:

Hello,

I am contacting you regarding domain name FEMMEFATALE.ORG.
I am the registrant of this domain name.

The domain was registered back in 2001 but never used.
As far as I remember I registered the name with Namebargain.com. They told me they were resellers for Enom.
They told me to get in touch with you. It seems the name is now with you...
Can you confirm the name is with you and how I can access my domain name ?

Kind regards,
Kate

Response from Enom:

Hello Kate,
This domain was never renewed, and has gone through the grace period as well. It is currently in an extended redemption status. If you are the previous registrant (R#L# and/or Special Design Services Inc.) we can make an exception and allow you to recover this domain. The redemption fee for this domain is $160 plus the renewal year of $29.95. If you already have an eNom account, the renewal rate will be the same as your currently pay.

If you would like to open a new account with eNom, please go to www.enom.com and create your login name, complete the required data, and include your credit card information. Your domain will not be there just yet.

While logged into your account, submit a support center ticket as follows:

Go to: HELP, eNom Support Center, Request Help.
Subject: Redeem Domain Name
Please include the domain name you wish to redeem in the body of the request. Authorize us to charge your credit card $160 plus the renewal for this domain.

Please do not reply to this email, we need the request and authorization to come from within your account.

This offer is valid two weeks from today's date.

eNom Technical Support Team
Lauria
www.enom.com/help
1-425-274-4500 x 3

My response:

Hello Lauria,

Thanks for your reply.
R# L# is no longer working with our company but I have access to the registrant E-mail (should be #####@mailcity.com).
I am trying to sort out the issue with the domain.
Can you explain to me why the domain name is in redemption since the expiry date is 08-Dec-2005 ?
What is the true expiry date then ?
I am enclosing the whois output.
Also I notice that the name was updated on 12-Aug-2005, I don't know by whom. Previously the whois was showing full registrant info.
To me it looks like the name was hijacked in some way.
Thanks for clarifying this.

Kate

Response from Enom:

Hello Kate...

This domain did expire last year. When a domain expires, eNom pays to renew the domain so that there is a grace period in case the expiration was unintentional; however until the client actually pays us for the domain, it is still in an expired status. Once that happens, the domain is taken down and points to an eNom parking page. It then goes into redemption, during which time there is an additional $160 to recover. After the domain goes through the redemption period, we consider the domain abandoned and it's moved into an eNom account, at which time the original whois information is also removed. If you would like more complete details, you might read the terms (under expired section) as it will go through the entire grace period and redemption process for you.

At this point in time, the domain is only available to recover for the previous registrant...that's why we said R# L# or Special Design Services Inc. (which sounds like you still work there based upon your email address). If you want to open an eNom account in that name, and follow the previous instructions, you can recover the domain.

Hope that helps.

============================
Lauria,
Technical Support
http://www.enom.com
An ICANN Accredited Registrar

Technical Support: 425-274-4500 x3
Technical Support FAX 425-974-4791

My response:

Hello Lauria,

Thanks again for the E-mail.
I am familiar with the grace period and redemption process.
You did no tell me when the name did expire. So I assume it was on the birthday date that is 08-Dec. That means the name has expired a long time ago.
The whois info in itself is misleading.

I thought a domain name is not supposed to be in 'redemption' forever. To me it looks like 'warehousing' by the registrar. I thought this was against ICANN rules.
Also I find it strange as the registrant that I never received a single notification by E-mail that the name would expire etc.
Also the circumstances in which the name was 'handed over' from Namebargain to Enom are unclear to me. I have never initiated or approved such a transfer in the first place. How come the name is with Enom now ? I am still looking for answers.
Hence my feeling that the name was hijacked.
Well I have reviewed your T&C... As a matter of principle I don't like the idea of having to pay a fee (penalty) to recover what I deem mine.
Unless you have something to add on the matter I will continue my inquiry and seek legal advice.

Thank you,
Kate

Response from Enom:

Hello Kate...for the previous registrant, the domain expired on December 9, 2005. If it was not renewed, the previous registrant no longer owns the domain. It is similar to a house being repossesed, there is a time when you can still get the house back, but then it can be sold. In this case, we have not sold the domain, and only the previous registrant has the rights to recover it. We're only making an exception to you because the company name was also listed on the previous registrant information.

The domain was registered through one of our resellers, NameCheap, they used eNom as the registrar to register this domain. They would have sent the renewal notifications, but if R# L# was no longer there, that might explain why no one ever received the courtesty reminders. Only NameCheap can tell you when/where these emails may have been sent, as we do not know what their renewal procedures are.

As the domain was not renewed or redeemed, it does not belong to you anymore. It was not hijacked, it was never renewed and the previous owner no longer has any claim on the domain.

============================
Technical Support
http://www.enom.com
An ICANN Accredited Registrar

Technical Support: 425-274-4500 x3
Technical Support FAX 425-974-4791

That's it.
The bottom line ?
If you don't keep an eye on your names then registrars may transfer them or do whatever with them without notifying you then hold the names and keep them ransom.
It seems to me Enom are abusing their rights IMHO.
I thought warehousing by registrars was frowned upon by ICANN. That's what they seem to be doing.
The tone of the E-mails also suggests they are trying to make money on the case.

Also I notice that the name was last updated in August. Must be them. Previously the whois showed registrant info. Why is Enom hiding behind whois privacy ?
Even enom.com does not use whois privacy...

And they say the name has expired... December 9, 2005 !

Actually I don't think the name is worth that much. As a matter of principle I don't let others grab what I deem mine and the same thing might happen with other, more valuable domains.

End of the story:
I will make sure I stay clear of Enom for my registration needs.

[Dave Zan]

Sigh, looks like Together was right on this.

Unfortunately no one's in the "right position" to say what's "ethical" or not on
what to do with an expired domain name. Until ICANN, a Court of competent
jurisdiction, or a specific law dealing with this gives the final word, registrars
are free to do with expired names as they see fit.

I just checked the WHOIS and it confirms the domain's still good 'til Dec. Only
legal options can possibly help you, although that'll be tough since clicking the
check box beside the "I have read the Service Agreement and agree to its
terms" is like the online equivalent of signing a contract.

[jdk]

Why is the name at Enom and not the other registrar? Enom the parent registrar and when your name expired in 2004 they renewed it? If I am reading this correctly the name expired in 2004, but the email they had as contact info was old and you never got the emails? This wouldn't be their fault. Maybe I am reading the whole thing wrong.

[Acro]

Enom reselling companies or dropcatchers for domains that "expire" do not renew the domains themselves; they automatically get transferred to Enom for the process described above.

[jdk]

Thanks Theo for the clarification

[sdsinc]

Originally Posted by jdk

Why is the name at Enom and not the other registrar? Enom the parent registrar and when your name expired in 2004 they renewed it? If I am reading this correctly the name expired in 2004, but the email they had as contact info was old and you never got the emails? This wouldn't be their fault. Maybe I am reading the whole thing wrong.

No it's not a problem with the E-mail cause it is still active and I read it every day...
How the name got from Namebargain to them I have no clue...
Why they say the name has "expired" next month I have no idea either.
They did not answer all my questions.
Anyway I don't think I have a strong case to go ahead. It's not worth taking legal action for a name like this I guess.
If they want to make a buck on my name then I wish them well

Thanks for your comments

[Acro]

It seems you didn't read my post: the domain moved seamlessly to them from the reseller. The domain expired and they renewed it.

[sdsinc]

Update 09-Dec-2005

They have renewed the name upon expiry and are keeping it to themselves it seems. LOL