Of course! but you might wanna make sure and wait for another person here to confirm my answer as I am not sure. Better yet, why don't you call the Godaddy guys because they can give you help better...
I think the courts have pretty well established that you can sue in cases like this and that some BS legalese in the TOS isn't going to get in your way. Look at the sex.com fiasco for a major precedent. I would definitely force the issue with them. In theory they could have to compensate you for getting a new name, redesigning the web site, reprinting stationary, updating your contact details, etc. I'd itemize it all, lay out out for them, and send them a bill. I'd even consider going to small claims if they refuse to settle up...
Matt, you're better off consulting an attorney on this. If 1&1 says they will.
Defend themselves and you're willing to see it through, be ready for a fight..
Theoretically 1&1 is liable. But that's what their legal fine prints are for: to.
State what they can and can't do. (or won't do...).
Who knows? They might settle, but they might also fight it out..
BTW, read their Terms and Conditions, especially under liability...
Matt, wait 3days or less... I knew these guys... they're "mining" and they delete the non-performing drops after. I'll monitor this for ya.....
If that's the case then maybe the poster should remove the HostGator from his original post... so it doesn't get any traffic...
The domain, as from 5.00am this morning, now belongs to a Panama Company..
1 & 1 are not liable, as in fairness to them, they sent 4 letter emails saying send the money, and we'll take it out of redemption and sort it out..
The problem is the person, alleged "friend" who said he would sort it 6 weeks ago, and basically hasnt..
He's also screwed over a good amte of mine who was working for him. Anyhows, DTI are now involved.
Thanks for the responses folks!..
As for the links, good luck to them. Not overly concerned, it's the principle that really PSSES me off.
P.s. He is getting his come-uppance, however, I will say no more..