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To Whom It May Concern: I am writing this notice today as a last resort before seeking legal action. Due to the lack of any centralized authoritative organization or figure to contact for help with a very simple problem, this issue has completely halted our emerging business plan and threatened its very existence. This letter serves to bring awareness as to the present status of our domain name http://eliteboy.com, owned in its entirety by Eliteboy.com, LLC. And further serves to provide a detailed description of the problem at hand, serves to document our current experiences with the payees involved and to complete our documentation, including receipts, referencing the ownership of http://eliteboy.com and a very simple solution that will resolve this issue. If you read this and feel that there is a person in your organization that would be more suited to make an authoritative decision on this please forward this email to him or her for review. The problem started with us not being able to renew our domain name, http://eliteboy.com. Over the past year, operating as Eliteboy.com, LLC. we have put in endless amounts of our time and invested a significant amount of our capital into the marketing and into the branding of this name. We have trademarked and copyrighted content under the name and have also purchased its respective sub domains, i.e.? http://eliteboy.net, http://eliteboy.us and http://elitestudios.us. Initially, the domain was registered for us as part of our hosting package after we, Eliteboy.com, LLC. entered into an agreement with First2Host.net. This agreement appointed First2Host.net as our official web host. As an incentive, First2Host.net would take care of registering the domain name with a Domain Name Registrar for free. I have included receipts from the initial account setup by First2Host.net, wherein stated multiple times that First2Host.net had registered the domain, http://eliteboy.com, for us as an incentive to purchasing hosting services. We continued to purchase hosting from First2Host.net until November of 2003, when we began to host via in house servers. I have also included the letter of cancellation documenting the approved response from First2Host.net. This is apparently where the mistake was made. At this time our account, including domain name, should have been transferred outright to an account that Eliteboy.com, LLC. controlled. Instead of this happening, Kevin Jones from first2host, currently the registrar contact in the Whois.com query, only setup a redirection to our new name servers and never actually surrendered control of our domain account to us. Then to make things worse Mr. Jones sold his company without transferring a huge block of domains to their respectful owners. Our domain was included in this block!! When contacted about this Mr. Jones stated, "I sold the hosting company and forgot to transfer the domains, a goof on my part!!" he says. This is all the help I could get from him, which you see was nothing. I have included the email between us also. We never realized the mistake had been made because our site continued to function normally and I thought the name had been transferred to Eliteboy.com, LLC?s Namecheap.com account as previously discussed with First2Host.net. The redirection is mentioned in the documentation, but after that point we never changed our name servers, thus never realizing we actually had no control of our domain. When our renewal time came up we finally discovered that we could not do anything with our domain!! We immediately contacted Kevin Jones and all other contacts we had for First2host.net. This ofcourse resulted in absolutely no help. We contacted Enom, Inc. and ICANN this ofcourse resutled in absolutely no help or atleast none that would solve the problem at hand! With three weeks of no responses from anyone we began to worry, not to mention taking a considerable loss in revenues with our website being offline. We proceeded to contact First2Host.net, where Fadi Noja promised that First2Host would take care of all of this and even upgrade our account. This is also when we learned of the present litigations that First2Host.net has against Kevin Jones for his erroneous management of the company. Two more weeks passed by and still nothing from anyone including First2Host. We have since checked the registrar Enom, Inc., where sometimes now our website has been confused with another similar site and our IP's are now synonymous....it reports us as being parked, sometimes it reports our IP as being 63.251.163.115, which may or may not belong to http://eliteloserboys.com, and as of my last check we appear to be parked at Enom, Inc. I ran a Whois query and included the current "expired and getting closer to being deleted domain" several days after the domain was officially promised to have propagated and renewed---it came up as on hold, then disappeared. We don?t really know which party or register/organization to contact about this matter and our problem is simple, but the story is so long and hard to explain that we have had no success receiving assistance. We have receipts from name cheap on several occasions when this first started that say it has been successfully transferred to us. I have included most of these emails for your review, but I have about 30emails from the various individuals pertaining to this. Please help us to do something before we have to wait 45 more days on top of the 30 days we have already suffered. We have only been in business for one year and this mishap has certainly put a dent in our revenues and if forced to continue on this path with our website down we are sure to lose the rest of Eliteboy.com, LLC.!!! Sincerely, Kelby Tarpley CEO/Public Relations Manager Eliteboy.com, LLC. P.S. It seems a little too coincidental that these things happen to over 40% of consumers, mainly small business owners. It's also a shame that these so called payees are clearly bonded, each to it's own little monopolistic family, and still further ridiculous that the only implementation offered to us is, ICANN, which however is considered to be part of the private sector, not withstanding that the U.S. government designed its structure, chose its board members, controls what it can, cannot and must do, oversees how it funds activities, and so forth. Because ICANN is not part of the government, what it does is not subject to the same sort of review that faces administrative agencies, it does not have to worry about notice and comment, it's free to be arbitrary and capricious. Thus, placing consumers in the helpless position of mere onlookers as ICANN, puppeted by the U.S. government, turns a blind eye towards these wrong doings and above all this allows itself to violate almost every anti-trust law known to man!! --- "Sit down, Shut up, America!! Your government is in control again!!" |
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