What I would like to hear from Tucows is that the client is the  
reseller's client, and they would not release a domain without clear  
involvement of the reseller.  The registrant _should_never_ in my view  
be able to bypass the reseller if the reseller is in good standing.

Thanks,

Doug.

--
[EMAIL PROTECTED]
Register4Less.com


Quoting Ross Rader <[EMAIL PROTECTED]>:

> dotregister wrote:
>> Hello!
>>
>> I wanted to discuss an issue regarding ICANN regulations on domain   
>> transfers and how TUCOWS as compared to other registry’s deals with  
>>  this issue.
>>
>> We had an incident recently where a client who owed us for hosting   
>> services managed to completely bypass us (the reseller) and go to   
>> TUCOWS compliance and get the domain unlocked and transferred away.  
>>  We obviously will now never see the money owed to us.
>>
>> I mention this because I did contact TUCOWS about this and the   
>> compliance dept. told me that TUCOWS does not allow the reseller to  
>>  stop any domain transfer just because the registrant owes the   
>> reseller monies. They said this was compliant with ICANN policies   
>> regarding this issue.
>>
>> In this past week we were trying to help a client gain   
>> administrative control over a domain that was registered through a   
>> reseller of ENOM.COM. The reseller refused to give the registrant   
>> access to the domain until an outstanding invoice was paid. We went  
>>  to ENOM about this issue and they said it was "up to the reseller   
>> to decide how ever they wanted to do it." The reseller then told   
>> the registrant (our hosting client) that the cost to change the   
>> domain admin email address would be $200 USD! We again went to   
>> ENOM.COM about this and a totally different individual told us "The  
>>  reseller can charge pretty much what they want."
>>
>> Now...We were told that we could not hold or disallow   
>> admin/transfer access to domains for unpaid invoices by TUCOWS   
>> compliance. (I was told explicitly that this was the "legal" ICANN   
>> regulation).
>>
>> If this is true, then how come ENOM doesn't follow that rule? Is it  
>>  just the TUCOWS interpretation of that regulation?
>>
>> I am very interested to know what the truth is in this issue. I   
>> spoke to the reseller for ENOM and they told me they had run all   
>> this past their legal team (holding domains for unpaid invoices)   
>> and it was perfectly legal.
>>
>>
>> I am not looking to take advantage of any registrant, I am just   
>> very curious as to why the policies are so different, and each   
>> registry claims to be right.
>
> The rules are quite clear. Unfortunatley, ICANN and Verisign's
> compliance programs (as well as the other registries) basically give
> registrars a free hand to do whatever they wish. For some reason, we
> feel compelled to actually follow the rules. This means that you
> shouldn't expect to get fair treatment in the marketplace (i.e. decent
> registration rates in the landrush, fair dealing when your customers
> want to transfer in or out, and so on..)
>
> FWIW, the rule is:
>
> Instances when the requested change of Registrar may not be denied
> include, but are not limited to:
>
> ..snip...
>
> General payment defaults between Registrar and business partners /
> affiliates in cases where the Registered Name Holder for the domain in
> question has paid for the registration.
>
> ...which is worth about as much as the bits it took to write this.
> --
>
>                         -rr
>
>
>
>
>
>
>
>
>                  "Don't be too timid and squeamish about your actions.
>                                             All life is an experiment.
>                              The more experiments you make the better."
>                          - Ralph Waldo Emerson
>
>
> Contact Info:
> Ross Rader
> Director, Research & Innovation
> Tucows Inc.
> c. 416.828.8783
>
> Get Started? http://start.tucows.com
> My Blogware: http://www.byte.org
> _______________________________________________
> domains-gen mailing list
> [email protected]
> http://discuss.tucows.com/mailman/listinfo/domains-gen
>


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