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I have a personal domain registered with KalyHost, which is owned by Tibanne, Ltd., owner of Mt.Gox, that is in a bankruptcy protection. According to WHOIS, KalyHost is just a reseller, with the registrar being http://www.1api.net/ .

(For my rationale of registering it there: it was one of the few companies, that accepted bitcoins back in the day, and I thought that it's trustworthy, because it runs the biggest Bitcoin exchange. What a mistake.)

KalyHost, at the present moment, has fully working administration and I can change my DNS records, but I don't know for how much longer. Also, the bitcoin payments are apparently no longer working, and the support doesn't reply to any questions - and, according to people close to the company, the support is basically non-existent and right now, with depts in millions of dollars, the company have bigger problems than a domain name.

So, I have two questions.

1) What are the immediate dangers to me, if the reseller actually bankrupts? Will my domain continue to work?

2) How to solve it? Can I somehow move the domain somewhere else, even when the support is basically non-responsive?

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    Under ICANN regulations, your registrar is required to transfer domains to another registrar upon transfer request within a specified time-frame, if your domain is in good standing (i.e., it's not in a redemption stage, the WHOIS contact information is valid, and there's no pending UDRP complaints...). If you have issues after that, initiate a registrar complaint with ICANN. – dan Apr 10 '14 at 21:02
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You should submit a request to transfer your domain to another ICANN-Accredited Registrar as soon as possible.

Each accredited registrar, and reseller there-under, is bound by a Registrar Accreditation Agreement (RAA) with ICANN, the organization that administrates the domain name system and accredited domain registrars.

Under that agreement, registrars must permit inter-registrar transfers to other registrars within a specific time-frame, with the exception of certain limited circumstances:

  • Evidence of fraud
  • Uniform Domain-Name Dispute Resolution Policy (UDRP) action Court order
  • Reasonable dispute over the identity of the person authorizing the transfer
  • Domain name is on hold due to payment owed for a previous registration period
  • Express written objection from the domain name holder
  • Domain name is in "Lock" status (Registrars must provide a readily accessible and reasonable means for name holders to remove the lock status. Contact your registrar for assistance.)
  • Domain name is within 60 days of initial registration
  • Domain name is within 60 days of a previous transfer

Domain registrants also have certain rights under the RAA. If a registrar either refuses or ignores your request to transfer your domain (and the above circumstances aren't applicable), or otherwise violates your Registrant Rights, you can file a Contractual Compliance Complaint with ICANN.

You may also seek damages through a legal suit filed in the locale specified in your registration agreement, or possibly local to yourself or business - consult with an attorney who specializes in Intellectual Property law in that case.

Lastly, you may want to consider trademarking your domain in your country, and each country in which you do business, to provide another layer of legal protection for your domain. It's advisable to use an attorney in that case too.

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I would not take any chances and transfer the domain name and DNS service (if either applies) to a well known company. I use GoDaddy and have from the beginning including when I was a webhost. I can recommend them highly. You can call their tech support for help even without being a customer yet. They can help even if it is not the first person you talk to. They have some real experts on staff but generally, they are not the ones answering the phones, but will get on the call when needed.

  • Sorry if it sounds amateurish, but can I just transfer domain from a company that basically ceased to communicate to another registrar? – Karel Bílek Apr 10 '14 at 18:32
  • I know that there are normally things that are needed for security so that domains are not transferred by people who do not own the domain. But I am thinking that maybe GoDaddy can help you expedite the transfer in this case where it might be difficult otherwise. Again, they are good. It pays to explain up front that you have an unusual situation and then explain it. You may have to explain it to more than one person. Be patient with who ever you deal with. There is always an answer. Push comes to shove, a lawyer will get their attention. And it may not cost much. – closetnoc Apr 10 '14 at 18:38
  • Again, as I said, they lost millions of other people's money due to mismanagement. I don't think one domain will be on their radar. – Karel Bílek Apr 10 '14 at 18:47
  • Yeah. I understand. Believe me- I feel for you big time. If your control panel is still working, then perhaps you can transfer the domain without a problem. Otherwise, I suggest being such a pain that they want you to go away. ;-) A legal pain of course. I have sat on the doorstep when the company opened and showed up at the CEO's office unannounced before. I have even called them at home at night! – closetnoc Apr 10 '14 at 18:51
  • That didn't help those guys - pcworld.com/article/2099620/… – Karel Bílek Apr 10 '14 at 20:37

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