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Originally Posted by arg
They are not liable for damages for failure to send an email notice. ICANN provides ways of correcting domain thefts, and registrars typically indemnify themselves against consequential damages with their service agreements. I think a suit would only be successful if the registrar were negligent in allowing the hijack, and then exhibited continued willful negligence and obstruction in resolving the problem, as happened with Kremen's successful suit against Network Solutions regarding sex.com.
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I would believe a decent attorney could easily argue that by not having technical support on the weekends, when it has been clear the rampant thefts have been occuring during the weekends due clearly to the fact the thieves know the owner can do nothing, could be considered negligent behavior.