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It’s A Dark Day. And It Was A Dark Last Night.

January 16, 2009 · 3 comments

What does it take to earn a buck or two the right way? I swear; No matter what I do, it’s always wrong.

I own the following domain names right now:

MagentoHostingCompany.Com
HowToInstallMagento.Com
MagentoHostReview.Com
and I just purchased last night:
MagentoHostingCo.Com

The domains above came about because Magento is new, I was a new adopter/fan, and there was simply such little information online about the company that I decided I would start some websites to educate people about Magento, the hosting services, and at the same time, make a buck or two. If that makes me sound like a criminal, then sue me (not really. please don’t). Things were going well with the sites, and then it all came to a halt last night (this morning) at about 2:00 AM.

Up until last night (this morning), I was 100% and completely innocent as to what I was doing with these domains. I simply purchased the domain names and have been making some commission from the web hosting companies that I have promoted through the sites.

Last night I was preparing to set up my newly acquired domain, MagentoHostingCo.Com, when I did a bit of research and found an article about Magento’s Terms & Conditions (all the legal garbage that I can hardly stand anymore) on their site.

Enter: Depression.

Why? Why must I always be in the wrong? No matter how innocent my online activities may seem, I feel like I am always doing something wrong. I felt like jumping off a cliff when I read the following clause from Magento’s Terms and Conditions.

Can I use the “Magento” trademark in one of my domain names or URLs?
No. You may not use the Magento trademark or any other mark associated with the Magento offering from our company in your domain name or URL. (For instance “www.magentohosting.com” is not allowed. See more on this topic below.)

(Notice the nearly identical example they provided to my domain? I wish I would have been aware of the terms before taking so much time and effort in writing content and promoting the sites.)

Let me repeat again what I said earlier for anybody of legal firepower who may be reading this. I was completely unaware of the Magento Terms & Conditions and I plan on forfeiting the sites very soon. I now know that ignorance to legal crap does not equate to innocence.

Reading this Magento? Contact me and I’ll pass over the domain names right now. I don’t want to play the law game for the second time in my short life of 18 years on this cruel planet.

I dont know what more to say other than I’m pretty depressed about this. I spent quite a bit of time blogging on HowToInstallMagento.Com as well as MagentoHostingCompany.Com. I hate to see these sites (as well as my income from the sites) just die because of the Magento terms and Conditions, but it appears as though I broke just about every one of their trademark conditions which is why I have no choice but to cease and desist before somebody tells me that I have to.

Advice for me? I’d love to hear it.

{ 3 comments… read them below or add one }

Myrth January 16, 2009 at 2:43 pm

First, there’s nothing to get depressed about.

It’s just domain names for spaghetti monster’s sake.

Second, only 2nd level domain name can’t contain “Magento”:

“Domain names – You may not use an identical or virtually identical Magento trademark as a second level domain name. For example, “iMagento.com” and “Magentomail.com” are not acceptable.”

That means you can have http://magentohosting.eliteeternity.com or anything else in 3rd level domain name.

So just move your content to these subdomains and re-populate google sitemaps.

Reply

Magento Hosting January 17, 2009 at 4:06 pm

I do exactly the same thing as you do, blog about Magento, pull together my experiences, garrner opinion, and of course – talk about the companies that make hosting Magento oh so easy.

Have you had an email from Varien about it? If so, I’d take the T’s and C’s (on this occasion) with a pinch of salt. It is all about protectiong their own brand, the same as other companies don’t bidding on their company name with Adwords.

Keep the faith!

Reply

admin January 17, 2009 at 6:11 pm

@Myrth

I really appreciate that perspective. I’m strongly considering doing that and without your comment, I would still be lost in the dark. Thanks, man.

@Magento Hosting

Nice to meet someone who is trying to spread the Magento love like me. I haven’t received an email from Varien, but that’s exactly what I’m trying to avoid. I could really do without a legal notice of anything at this point in life. My last encounter with the law left me nearly 20k in debt….and I’m only 18 for heavens sake!

I would love to not worry much about their Terms & Conditions, but I don’t want my naivitae to break me again.

I do appreciate your perspective as well.

Thanks guys.

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