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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88655
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I would like to get court order for suspending domain name

Customer Question

I would like to get court order for suspending domain name because of illegal activity. I do not know in what state or even country owner of website live. But I know that his website is registered in Godaddy.com in their ToS they mentioned that all disputes participated with them must be to sended to court of Arizona. I am also not an U.S. citizen. What to do in such situaton? What jurisdiction?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

In order to suspend the site you must sue the company operating the site for the violations you are alleging or you must turn the matter over to your state attorney general's office or the FBI internet computer crime center (http://www.ic3.gov) in order for them to pursue a criminal investigation into this illegal activity and get an order from the criminal courts to shut down the site.

If you do not get the AG or FBI to do this, you have to sue the company who owns the site in your state's court if they are doing business in your state and as part of the suit you would get an injunction.

Jurisdiction on this can be tricky as if they are doing business in your state, technically your state's court has jurisdiction and your state's laws apply, but they will argue personal jurisdiction should be where there company is located as they only incidentally did business in your state. Right now because internet business is relatively new as courts and case law is concerned, it is a bit up in the air, but most state will take jurisdiction over an internet company who does business with a resident of their state.



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Customer: replied 1 year ago.

Well just as I mentioned in my question, I do not know what company it is and what state it operates in. I am not even sure that it is an USA company. All information that I have is a Paypal account where I paid to. In Terms of Service on their website no company or person is mentioned. For my requests to provide details of their company, I got no answer from them.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

As you have not told us the name of the site, I have no way of knowing this information either nor can I try to assist you to look for the information. This is also why I informed you that if illegal activity is going on with the site to make a report to your state attorney general and the FBI internet computer crime center as they will conduct an investigation into the matter.

The only other option you have is to sue GoDaddy for promoting illegal websites in Arizona and seek a judgment against GoDaddy for their promotion of illegal activity to seek to shut the site down.

However, if paypal cannot tell you were that company is located, if you provide us the website, perhaps (not guaranteed) we may be able to provide some information on ownership of the site.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88655
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

500views.com is the website we are talking about.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The owner of this site is:

Martin Montcho
305 Poulin Street
Ottawa, Ontario k2c 3t4
Canada

However, if they are conducting business in your state, you have the right to sue them in your state under the long arm statute. Of course, they will object on the basis of personal jurisdiction and if they can prove that they are not conducting business in your state, then you would have to sue them in Canada.
Customer: replied 1 year ago.

If somebody will ask me what makes me think that he is the owner, what should I tell? (I just notice that his personal information is in public on WHOIS) thanks for help

Expert:  Law Educator, Esq. replied 1 year ago.
The name is XXXX XXX whois registration, that is correct, which is public information. As he is the registered owner, he is liable for the site and the business and if he is not then it is up to him as registered owner to provide the information as to who the real owner is.

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