• The client has about thirty websites hosted on GoDaddy's "Ultimate" shared server plan, PREPAID FOR THE NEXT FIVE YEARS
• The customer has been with GoDaddy FIFTEEN YEARS never had any problem
• Approximately two weeks ago, the customer received an email from GoDaddy TrademarkClaims@GoDaddy.com indicating that a trademark infringement claim had been filed on only ONE website of his, whose content had remained unchanged for TWO YEARS AND AVERAGES without prior complaint – and that "we have suspended this hosting account" and that they had "termination"[d] Your use of our hosting services for this website. "
• The customer communicated with GoDaddy over the phone, everyone who called told him that if he sent an email to TrademarkClaims@GoDaddy.com and simply stated that he would disable the content of that ONE website, what he did when changing the servers of names in that domain to make the Website only one page parked without content, which will reset the hosting.
• The guy at TrademarkClaims@GoDaddy.com
Manager of brands and copyrights
Go Daddy Operating Company, LLC
I wrote to my client and told him that not only would he not restore the hosting, even if the client disabled the content of a website, but he would not allow the client to access any of his data or databases in the hosting account. .
GoDaddy states that the hosting agreement requires the client to keep a full backup of their files at all times. You can check the full agreement here: http://www.godaddy.com/agreements/sh…eid=HOSTING_SA
but this applies to cases to "(1) avoid any loss or damage to your website or server content", does not apply to situations in which GoDaddy simply shuts down the hosting! In other words, a GoDaddy customer may be responsible for external problems that cause data loss or damage, but there has been no loss or damage to the website or server content. All the data is there. GoDaddy simply prevents the client from accessing it. . Also, GoDaddy can not CREATE data loss and then hold the customer responsible for not backing up!
In fact, the client has backup copies of most of the html / css / php type data on their websites, but does not have backup copies of the blogs and forums that they have created on some of the websites. Imagine, for example, losing the webhostingtalk forum database, so all that was left was the simple HTML content of the website and not the forum itself. Or lose a blog.
The client is not even requesting data from the website where the alleged trademark infringement occurred, is requesting data from the other thirty websites that are not subject to any complaint. The "lost" data is not the data that is the subject of this trademark claim.
• The client, under my direction, did a Counter notification according to the GoDaddy policies here
"1. Response If you have received a notification of copyright or trademark infringement that you wish to contest based on the good faith belief that the material was removed or disabled as a result of an error or misidentification of the material that was will delete or deactivate., can provide a Counter notification by sending an email to email@example.com or a registered trademark to the address @ godaddy.com
"Upon receipt of an Accountant Notification as described in Section 1 above, GoDaddy will promptly provide the Complaining Party with a copy of the Accountant Notification, and inform that Party that it will replace the removed material or cease disabling access in ten. (10)) business days, GoDaddy will replace the deleted material and cease disabling access to it in no less than ten (10), or more than fourteen (14) business days after receipt of the Accountant Notification, unless that GoDaddy first receives a notice from the Complaining Party that said Complaint The party has filed an action requesting a court order to prevent the alleged offender from engaging in infringing activities related to the material in the system or the GoDaddy network. "
but GoDaddy refused to pass the counter notification to the party that had made the trademark infringement claim.
• The client unlocked about a dozen of their domains and tried to remove them from GoDaddy, but because the authorization codes are being sent to the cPanel email accounts that are suspended, they can not receive the authorization codes and You can not check out GoDaddy domains.
At my address, the client filed a complaint with ICANN that GoDaddy is not allowing him to transfer his domains.
Only after filing complaints from outside agencies did GoDaddy finally provide the authorization codes to move the domains and offered a refund for the unused portion of the hosting plan.
• GoDaddy continues to refuse to allow the client to access any of its data or databases on the websites, and refuses to reset its hosting.