Quote:
Originally posted by ModelPerfect
(1) they're not really using your domain at all...It'd be the same thing as me calling up the White House with a threat and saying I was you. You'd be investigated, but there's nothing to incriminate you...my voice, my caller id, my geographic location, etc. It's just too easy to pull something like that.
(2) They have to acknowledge that people do malicious things to competitors...it is in the spammer's best interest to put a competitor's return email down instead of their own. In fact, only a very ignorant spammer would put his own email down, and someone with the business success of juicylinks.com would not be that ignorant.
(3) What is the body of the spam mail? Not that this proves guilt, but possibly innocence. If the spam itself doesn't profit a business related to the reply email, then there's no motive.
(4) Agreed, it is the responsibility of the domain owner to report a spammer using his/her return address, but that's to assume he's aware of the spammer's actions. In this case, Juicylinks had at least an idea something was wrong because of the return emails. I would argue it is equally the responsibility of the registrar to contact the domain owner with a citation of the complaints to (a) make them aware of the complaints and the actions of the spammer and (b) give them an opportunity to defend themselves.
(5) "Go Daddy may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities." That's their reference to spam usage. A few weeks does not necessarily constitute 30 days. Juicy, how long ago did you first start receiving the return emails?
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Oh yeah, and one other thing:
(6) If godaddy is putting in a publically accessible database NS1.SUSPENDED-FOR.SPAM-AND-ABUSE.COM and there is no proof of such activities, you could argue that is defamation. All you would need to do if prove (a) you did not send the spam in question, which shouldn't be too tough and (b) they did not attempt to ascertain your guilt before making such a declaration, which is obvious. Then sue the heck out of the bastards.
Also, you said the returned emails came around the beginning of Jan. If you can document that they deactivated your domain before 30 days of that date, then you can argue breach of contract.