From the Moniker Registration Agreement
28. PROHIBITED CONDUCT
You agree that the following is a non-exclusive list of actions that are not permitted:
the uploading, posting or other transmittal any content that infringes anypatent,(sic) trademark,
trade secret, copyright or other proprietary rights of any party;
the uploading, posting or other transmittal of any unsolicited or unauthorized advertising,
promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other
form of solicitation;
intentionally or unintentionally violating any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
Despite being a long standing sponsor of Alex Polyakov’s crime spree, and despite Polyakov’s flagrant breaches in his operations of the conditions shown in bold above, Moniker was number 2 on the list of registrars with the most blacklisted name servers, with 1426 listed domains, and 1521 active (93.75%) at the time of writing. This demonstrates slow reactions in removing known spam domains.
Until December 2006, Moniker responded to complaints by removing the entry given sufficient comprehensive evidence but only after many repeated requests.
Actions in 2007 have been minimal. Either Moniker is not competent at making removals, or there is no desire to dissociate the company from criminals.
CEO Monte Cahn fails to understand the basic concepts of how criminals operate. When asked to terminate his company’s contracts with criminals by suspending the name servers registered with his companies, his stock reply is
Moniker has nothing to do with these . . . You need to contact the host.
Not valid. Moniker is not the owner, registrant, or host of these domains.
There is no suggestion that Moniker is the owner, registrant, or host. What is obvious, is that Moniker is the registrar providing a safe haven for criminals by refusing to terminate contracts which violate their own terms of service. This leaves Moniker Online, and Monte Cahn, open to a charge of criminal negligence or criminal complicity.