Re: A client is losing business, nothing is being done - what now?

[ajaymusic@xxxxxxxxxxxxxxx]

Dear Icann,

How much longer is this going to take?

Have you started investigating my case? if so where are we up to?

Do you have a standard procedure for such disputes? if so can I see a document 
outlining the step by step procedure you are employing to solve this problem?

My business is in the entertainment industry where image is everything, i cant 
even send and receive mail from my own business name account IE @ajaymusic.com, 
this is quite distressing as people are contacting me asking if I have closed 
down, there will be email messages that have opportunities in them that I wish 
to pursue but cant until I get to see the emails.

This is urgent and dire I will not be able to asses how much business has been 
lost until I have access back to my email account @ajaymusic.com.

Do you have a priority Que, where am I up to with this investigation? do you 
have a standard time-frame or a level of service that Icann employ?

Any yes I do want and expect an answer to all of the questions posed in this 
email, I don't want a one line reply.

Regards
aJay
Jason Bawden
0414590070
 



> ken <ken@xxxxxxxxxxxxxxx> wrote:
> 
On the 30th May (AEST) I submitted a complaint via ICANN's website about 
the registra:-

INNERWISE, INC. D/B/A ITSYOURDOMAIN.COITSYOURDOMAIN

Regarding the domain name ajaymusic.com and this complaint is quoted below.

It is now 4 days on and we have heard nothing.  Nothing from the registra nor 
ICANN.

The initia request - to change the primary and secondary DNS - has not been 
done.

This would solve our client's immediate financial concerns as it would enable 
his website to
function.

Our client is losing money, credibility, reputation, etc. with an increase in 
stress, worry,
concerns, etc.

Nothing has been heard from either the registra or ICANN.

Our client paid his money for a domain name which is still current.

He (and by his authority us) has no access to it and consequently cannot make 
it function.

What is being done to have this resolved?  The situation and time-line for this 
is DIRE.

I did not use the word URGENTLY in my complaint lightly.

It is now 4 weeks since we first contacted the domain registra.

Yours sincerely

Ken Guntar



This was registered by a person named Ryan from omniearn.com (who we 
assume was a reseller for the above registra and was an Australian 
business) on behalf of

Ajaymusic (registered according to Australia law with registration 
number BN9795297)
Owner: Jason Bawden
Address can be supplied if necessary
email: ajaymusic@xxxxxxxxxxxxxxx

ajaymusic's site was also hosted with omniearn.

We acquired the hosting for ajaymusic.com around 23rd July, 2005. Ryan 
proved to be difficult to contact and it took approx two weeks for DNS 
changes.  We also tried to transfer the domain over to our registra but 
there was no response from Omniearn to either unlock the domain or allow 
the transfer to proceed.

We have recently transferred to new nameservers.

Now we have found out that Omniearn have gone out of business and 
consequently we are unable to access the control panel at omniarm for 
which we have passwords to change the DNS.

We contacted the afore mentioned registra who sent back to us a FAQ that 
had no relevance to the issues raised by our correspondence.  Copies of 
these emails can be supplied as required.  Our last email has not been 
replied to for over a week.

This has resulted in three weeks of downtime for ajaymusic.com and a 
distraut phone call today from Jason Bawden has revealed, and I quote, 
"my livlihood is at risk . . .  I has lost immense business . . . I am 
losing credibility and reputation . . . not to mention the inconvenience 
. . . ".

The least that can be done while this matter is being resolved is the 
DNS to be URGENTLY changed to:-

ns1.inter-hosts.net
ns2.inter-hosts.net

so that he can continue making a living - which is now in jeapody.

The issue of the correct ownership details with the rightful owner's 
access to his domain control panel (for which he has paid for) to make 
changes and his right to transfer that domain to his hosting/registra 
provider of choice will be the next matter that needs to be addressed.

Yours sincerely,

Ken Guntar