Got burned/jacked/disrespected....

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bob4432

Lifer
Sep 6, 2003
11,699
29
91
ok, they went full retard ++ again, so here is my question - i have a lot of domains this person could use, and since the last "issue" i have bought more to help protect them from competition (things were looking good, not real sure what the problem is anymore, just i don't want to deal w/ them anymore at all) and to cya. i also own the domain of their name - personal name - anybody know the legalities if i would have to sell them even their name domain since it was for commercial use at the price i paid or can i make some $$ off them?

their actions are beyond my comprehension at this point. just trying to get this domain name/s figured out and be done w/ them, the main issue is their name. sad to see people hell bent on destructing their own brand/image/life....looks like this may go to atleast arbitration unless a check is written to me, oh yeah, i still have everything in my possession - talk about pissing into the wind ???
 

Lithium381

Lifer
May 12, 2001
12,452
2
0
wait...... so the bill STILL isn't settled, and they are still dicking you around, it's been three months. fuckem
 

DivideBYZero

Lifer
May 18, 2001
24,117
2
0
Yeah, seriously. Fuck them. Keep the domains, never sell them. It would be worth the couple of dollars a year just to keep them from using them at this point. That way you're not being malicious, you're just keeping the domain you have every right to. And that will chap their asses.
 

grrl

Diamond Member
Jun 21, 2001
6,204
1
0
Originally posted by: boomerang
Who the hell ever came up with this "disrespect" shit? As soon as I hear that term being used, I tune out whatever is being said.

Especially when they use "diss".
 

guyver01

Lifer
Sep 25, 2000
22,135
5
61
Originally posted by: novasatori
I just don't know what to say, some people aren't very bright are they.

exactly.. the OP shoulda gotten a lawyer and settled all this 4+ months ago.

 

zCypher

Diamond Member
Aug 18, 2002
6,115
171
116
This was an entertaining thread to read.

I think you already know what to do. Keep us posted!
 

ebaycj

Diamond Member
Mar 9, 2002
5,418
0
0
shut off website.
shut off email.
return server unconfigured (in the state you received it in).
draw up contract to provide all services that you were providing them on a monthly basis (hosting, email, etc..).
draw up contract to configure server.
draw up contract to sell them their domain names.

make sure contracts are expensive.
present them with their non-functional website and email, and unconfigured server, as well as the contracts mentioned above.
if they sign contracts, restore service. if they don't sign contracts, don't.
if you have a signed contract, getting payment should be a matter of going to small claims court and getting a judgement against them for non-payment (which you can then sell to a collections agency).

problem solved.
 

bob4432

Lifer
Sep 6, 2003
11,699
29
91
Originally posted by: Lithium381
wait...... so the bill STILL isn't settled, and they are still dicking you around, it's been three months. fuckem

NO, THE BILL WAS SETTLED, but i can't work w/ them any longer - of course i held on to the ownership of the domain names and was compensated for the prior assistance and the year, but it has come to a point where we just cant work together. i am wondering if they have a legal right to any of the domain names i have, especially their own name. say they branded their own name, like for instance bob smith - and if i own bobsmith.com do they have a legal right to it?

from 07/07/2009:
Originally posted by: bob4432
oh yes, cash in hand. the machine wasn't going to be restored until that was done.

everything is still in my possession and will be as i will be doing any maintenance, so it will either be at my home office since they connect in remotely and i have plenty of bandwidth for there needs or it will go to a datacenter that will be under my name. being that things are up-to-date as far out as they are, i am ok at this point and still will be in possession of everything and since he took care of it for the year w/ a no refund clause - he can take it in 3mos if he wants.

and, i still own the domains .

i will talk to him in 9mos to make sure he is always ahead by a couple months at least.
 

mrjminer

Platinum Member
Dec 2, 2005
2,739
16
76
I'd image it then nuke it.

When they take it somewhere else and realize they're going to get nailed with a massive bill for the setup, they'll only have two options:

1. Pay a shitton more money than you charged them (really, you underballed a lot for what you did)
2. Come crawling back

Screwing you for 8 months? I'd jack the price up if they choose option 2, also. I'd also get a written contract with a stipulation that they must pay for monthly services one month in advance (if you decide to keep offering them service--personally, I would not), since they don't seem intent on paying their bills.
 

bob4432

Lifer
Sep 6, 2003
11,699
29
91
Originally posted by: mrjminer
I'd image it then nuke it.

When they take it somewhere else and realize they're going to get nailed with a massive bill for the setup, they'll only have two options:

1. Pay a shitton more money than you charged them (really, you underballed a lot for what you did)
2. Come crawling back

Screwing you for 8 months? I'd jack the price up if they choose option 2, also. I'd also get a written contract with a stipulation that they must pay for monthly services one month in advance (if you decide to keep offering them service--personally, I would not), since they don't seem intent on paying their bills.

like i said, i am paid, but in the contract there was a no-refund policy and i could terminate assisting them at any time. it has come to the point that i am no longer going to be helping them - the question this time is solely about the domain names, mostly the actual person's name domain name. before returning their server, i want to make sure about the domain ownership
 

ReggieDunlap

Senior member
Aug 25, 2009
383
32
91
If you bought and registered the domain names....then I don't think they can touch them, irregardless of whether or not they've branded the name. If your invoices from the registrar pre-date their branding then, i think and I might be wrong, but i think they are shit outta luck with regards to the domain names.
 

mrjminer

Platinum Member
Dec 2, 2005
2,739
16
76
Originally posted by: bob4432
Originally posted by: mrjminer
I'd image it then nuke it.

When they take it somewhere else and realize they're going to get nailed with a massive bill for the setup, they'll only have two options:

1. Pay a shitton more money than you charged them (really, you underballed a lot for what you did)
2. Come crawling back

Screwing you for 8 months? I'd jack the price up if they choose option 2, also. I'd also get a written contract with a stipulation that they must pay for monthly services one month in advance (if you decide to keep offering them service--personally, I would not), since they don't seem intent on paying their bills.

like i said, i am paid, but in the contract there was a no-refund policy and i could terminate assisting them at any time. it has come to the point that i am no longer going to be helping them - the question this time is solely about the domain names, mostly the actual person's name domain name. before returning their server, i want to make sure about the domain ownership

Personally, I'd just give them the domain name (as long as they paid for it) avoid the hassle. I think that's the kind of thing that is more likely to end up in court.
 

totalnoob

Golden Member
Jul 17, 2009
1,389
1
81
Don't give them anything. Unless they want to give you a decent profit for it. You bought the domain. It's yours..period. The fact that it happens to match their name is meaningless. I'd ask for a decent profit. If they refuse, cut off all communication and keep the domain until it expires. Just park it with a blank page. They can buy it when your right to it runs out.
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
Originally posted by: bob4432
ok, they went full retard ++ again, so here is my question - i have a lot of domains this person could use, and since the last "issue" i have bought more to help protect them from competition (things were looking good, not real sure what the problem is anymore, just i don't want to deal w/ them anymore at all) and to cya. i also own the domain of their name - personal name - anybody know the legalities if i would have to sell them even their name domain since it was for commercial use at the price i paid or can i make some $$ off them?

their actions are beyond my comprehension at this point. just trying to get this domain name/s figured out and be done w/ them, the main issue is their name. sad to see people hell bent on destructing their own brand/image/life....looks like this may go to atleast arbitration unless a check is written to me, oh yeah, i still have everything in my possession - talk about pissing into the wind ???

I wish I had read this 3 months ago, I would have recommended you resolved the payment issue that you tell the guy you're getting out of the computer business and that you'd work with him to get everything transferred out. I kind of figured this would happen. Lesson learned for you I guess. Transfer everything out man and don't deal with him ever again.
 

kalrith

Diamond Member
Aug 22, 2005
6,628
7
81
Originally posted by: bob4432
Originally posted by: Lithium381
wait...... so the bill STILL isn't settled, and they are still dicking you around, it's been three months. fuckem

NO, THE BILL WAS SETTLED, but i can't work w/ them any longer - of course i held on to the ownership of the domain names and was compensated for the prior assistance and the year, but it has come to a point where we just cant work together. i am wondering if they have a legal right to any of the domain names i have, especially their own name. say they branded their own name, like for instance bob smith - and if i own bobsmith.com do they have a legal right to it?

The only problem I could foresee is if part of their payment to you involved buying those domain names. If that's the case, then they might be able to take you to court and win the domain names from you. I don't think it's enough that the names are registered in your name. However, if no money exchanged hands for the purchase of those domain names, then you're probably within your right to do whatever you want with them. It doesn't matter one bit that the domain name is bobsmith.com. If that were the case, then every Bob Smith in the world would have rights to that domain name.
 

IndyColtsFan

Lifer
Sep 22, 2007
33,655
687
126
Originally posted by: mrjminer

Personally, I'd just give them the domain name (as long as they paid for it) avoid the hassle. I think that's the kind of thing that is more likely to end up in court.

I agree with this advice. It isn't worth the headache OP -- get refunded for the price you paid for the domains and transfer to them and be done with them.
 

skyking

Lifer
Nov 21, 2001
22,384
5,349
146
This is simple.
A) do they owe you any money? >yes> use domain name ownership to leverage payment. >get paid, terminate all business, transfer domains.
B) do they owe you any money? >no>are you a vengeful ass?>yes> drag this out as long as it entertains you.
C) do they owe you any money? >no>are you a vengeful ass?>no> terminate all business, transfer domains.
 

hiromizu

Diamond Member
Jul 6, 2007
3,405
1
0
Hmm..not sure if this will help but perhaps it will. Have you tried rebooting the server?
 

bob4432

Lifer
Sep 6, 2003
11,699
29
91
Originally posted by: totalnoob
Don't give them anything. Unless they want to give you a decent profit for it. You bought the domain. It's yours..period. The fact that it happens to match their name is meaningless. I'd ask for a decent profit. If they refuse, cut off all communication and keep the domain until it expires. Just park it with a blank page. They can buy it when your right to it runs out.

mine never run out - constant automatic renew

as far as the question about ownership, they knew the compensation was not for anything domain related (in writing) - i have owned some of the domains for over 2yrs now. and they have known full well the situation and has been spelled out to them in writing, so no question there.

i guess i am just amazed at the stupidity of some "business owners". who knows, maybe by me being nice about this whole thing in the beginning was an issue, but it was a friend referral, so i have tried to be as generous and non-vengeful as possible. anybody know the going rate for domains that are vital to your biz?
 

ReggieDunlap

Senior member
Aug 25, 2009
383
32
91
A GA-Gillion dollars? Seriously, try to find out what kind of business dollars they do annually, how much of that business stems from their website and their domain name, and then decide what kind of % of that you want.

If they're turning, say $1,000,000.00 a year, take 1% of that for the domain names. Or maybe 0.5%. Whatever you do, I think you've been MORE than accommodating to these clowns and I see no reason or ethical or moral dilemma here with regards to you getting paid. Take your money. Dont short yourself cause you dont wanna be "vengeful". This has nothing to do with it. Keep it business. Set the value and they can pay or not. If they dont, shut down the site and let the domain name sit in limbo until they do.
 
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