Hi Paul, So if my reading of your reply is correct, is we have a chargeback on a .ca domain we need to issue a chargeback to Tucows in order to get the domain on hold? Hmmm, guess I'll need to start buying my .ca points separately...
I didn't start this thread, so the domain in question's not one of ours (it's with dotregistrar.ca). While I appreciate Paul that you will contact us when there is an issue on a domain, it sounds like in this case with dotregistrar.ca that they were not contacted, and that the domain was unlocked and transfered out without their knowledge. What I'm looking for here is a clear statement of policy from Tucows that says Yes, we will to the best of our abilities make an effort to contact the reseller _before_ making any change to a domain. That doesn't mean that Tucows won't make a change to a domain, but that it will make a best effort to contact the reseller before making a change. Thanks, Doug. -- [EMAIL PROTECTED] Register4Less.com Quoting Paul Karkas <[EMAIL PROTECTED]>: > Hi; > > Let me see if I can address all the questions asked. > > First of all, if a reseller has an outstanding bill with an end user for > anything other than the domain name, then that is between the end user and > the reseller - from an ICANN perspective there is no provision that permits > the reseller to 'leverage' the domain to collect for these other services. > > This is also reiterated in the Tucows domain locking guide - > http://resellers.tucows.com/site/opensrs/resources/docs/lockingguide.pdf > > 2. Domain Locking Policy - IMPORTANT > The domain lock feature is being introduced to provide Resellers with a > method > to help secure their clients' domains against slamming, hijacking or other > forms > of 'domain transfers' that have NOT been properly authorized by the > registrant. > Resellers are free to lock some or all of their domains, PROVIDED THAT IN > DOING SO THEY DO NOT CONTRAVENE the wishes of the domain registrant. > The feature is meant to help preserve the registrants desire to remain with > their > chosen Registration Service Provider; if this is no longer the registrant's > wish, the > domain lock MUST be removed at NO ADDITIONAL CHARGE. > Resellers should feel free to package this security feature any way they > like; it > can be sold as a service or provided at no cost. HOWEVER, again, Resellers > may > NOT charge to have the domain unlocked so that their client can transfer > their > domain away. > We anticipate no problems with this policy; however, should Tucows receive > reports that this feature is being abused (in particular, applied against a > registrants wishes) Tucows will immediately unlock the domain in question so > that the registrant may resume control of the domain and we may take > corrective action with the offending Reseller. > We dislike imposing harsh language when releasing new features like this, > but it > is imperative that Resellers do NOT abuse this feature. > > Of course this all assumes that the domain name has been paid for. > > If the domain name is not paid for then Tucows may hold/lock the name. > > > Essentially we ask that the reseller provide 'proof' of the non-payment > usually by way of a chargeback. > Once the chargeback information is received, Compliance will lock the name > so that the DNS does not resolve, the name cannot be transferred nor can the > whois be updated - the name is pretty much placed in a state of limbo. The > registrant is notified of this and told to contact their reseller if they > have any questions - the reseller is bcc'd. > > In the case of locks and an end user request to unlock the name, I *always* > first send an email to the reseller letting them know that I have been > contacted by the registrant or the admin contact. I do not take requests > over the phone and I always ensure that any email request to unlock a name, > be sent from the listed admin email address. > > All of the above holds true as a process for most TLDS - however, in the > case of .ca's Tucows does not have the ability to lock a .ca even if we > wish - and CIRA does not recognize the reseller as having any standing in > the case of a payment dispute. > That is, CIRA contends that the accreditation agreement is with the > Registrar, so, if a .ca domain name is not paid for by the *end user* and > the reseller asks for the name to be locked. Cira will always take the > stance that since Tucows was paid for the name registration (via the > reseller) therefore payment has been received and that the name will not be > locked. > > Doug, do you have an example of a name being unlocked by Tucows without your > being contacted first? If so, would you please send it to me (off list) and > I will take a look . > > As for other registrars not abiding by the ICANN rules, I have two > suggestions: > > 1) the registrant complaint forms are looked at by ICANN on a daily basis > and forwarded to the registrar of record - > http://reports.internic.net/cgi/registrars/problem-report.cgi > > 2) If you are encountering problems in transferring names away from other > registrars due to things like the 'GoDaddy lock' etc, please either email me > directly ([EMAIL PROTECTED]) or [EMAIL PROTECTED] - we have great > relationships with some of the other registrars and can certainly assist in > getting names unlocked/moved etc. > > Let me know if I missed anything and feel free to send me any other > questions that you may have. > > thanks. > > Paul Karkas > Compliance Officer OpenSRS > Tucows Inc. > [EMAIL PROTECTED] > 416-535-0123 ext 1625 > direct line 416-538-5458 > 1-800-371-6992 > fax 416-535-7699 > > > > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] Behalf Of Doug Friend > Sent: Sunday, April 16, 2006 10:52 AM > To: [email protected] > Subject: Re: [domains-gen] ICANN Regulations on Transfers > > > Hi again Ross, > > I am happy that Tucows knows and follows the ICANN rules. It's > surprising how other registrars interpret these (GoD*** for example > will automatically nack a transfer if there's been a contact update > done within 60 days and tell the registrant that they can't allow the > transfer due to ICANN rules). > > While the rules are what they are, it's how they're implimented that I > think we're needing to flesh out. > > When a registrant contacts Tucows demanding an unlock, there must be a > process to identify that the registrant is the authorized owner or > admin contact for the domain. If you're unlocking a domain on the > basis of a phone call, you could be potentially helping a domain > hijacker. > > The process of verifying someone's identity will take some time to > accomplish, and I think this would be the ideal time to bring the > reseller into the mix. > > Again, though, my main point is that no domain should be modified > directly by Tucows without the reseller being first contacted and > being brought up to speed with the nature of the request. This I > firmly believe can be accomplished without any violation of ICANN's > rules, and I would like to hear a clear statement of policy from > Tucows that this will be the case. > > Thanks, > > Doug. > > > > Quoting Ross Rader <[EMAIL PROTECTED]>: > >> 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 >> _______________________________________________ >> domains-gen mailing list >> [email protected] >> http://discuss.tucows.com/mailman/listinfo/domains-gen >> > > > > _______________________________________________ > domains-gen mailing list > [email protected] > http://discuss.tucows.com/mailman/listinfo/domains-gen > > _______________________________________________ domains-gen mailing list [email protected] http://discuss.tucows.com/mailman/listinfo/domains-gen
