Doug Friend wrote:
> Hi Ross,
>
> My point here is this type of thing should never happen without the
> involvement of the reseller. A registrant should not be able to call
> Tucows and make changes in his account without the direct involvement of
> the reseller.
>
> I think we all understand and respect that Tucows values its image as a
> good-guy registrar and abides by its ICANN agreement. The agreement I'm
> pretty sure doesn't say that Tucows can't involve the reseller
> discussions with the registrant.
I agree with you, these sorts of things should never happen without the
involvement of the reseller. But, there's no way of preventing a
registrant from finding a new supplier and asking for a domain transfer
to that new supplier. If they do, we basically have to let the name go,
except in these 9 instances:
1. Evidence of fraud
2. UDRP action
3. Court order by a court of competent jurisdiction
4. Reasonable dispute over the identity of the Registered Name
Holder or Administrative Contact
5. No payment for previous registration period (including credit
card charge-backs) if the domain name is past its expiration date or for
previous or current registration periods if the domain name has not yet
expired. In all such cases, however, the domain name must be put into
"Registrar Hold" status by the Registrar of Record prior to the denial
of transfer.
6. Express written objection to the transfer from the Transfer
Contact. (e.g. - email, fax, paper document or other processes by which
the Transfer Contact has expressly and voluntarily objected through
opt-in means)
7. A domain name was already in “lock status” provided that the
Registrar provides a readily accessible and reasonable means for the
Registered Name Holder to remove the lock status.
8. A domain name is in the first 60 days of an initial registration
period.
9. A domain name is within 60 days (or a lesser period to be
determined) after being transferred (apart from being transferred back
to the original Registrar in cases where both Registrars so agree and/or
where a decision in the dispute resolution process so directs).
The list in inclusive, meaning that no other reasons are acceptable.
We do try to bring the resellers into the loop to the maximum extent
feasible, but transfers are one area where there's not a lot of leeway.
I really learned a lot of lessons about "good policy" when I was on this
task force. The rules we settled on were far to prescriptive and don't
really work all that great in the real world. Nonetheless, they are the
rules we're stuck with.
-r
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