Re: [ga] Domain Transfer Complaint

[jwkckid1@xxxxxxxxxxxxx]

Ted and all,

  None the less the registrant is not the hosting
company and the actual registrant stated he was 
changing hosting providers, ergo he is the actual
registrant, not the current hosting company.  Hence
the Whois record is not reflective of the actual
registrant.  No hosting service can legally hold
a customer hostage in the manner which you suggest.
The customer, in this case the actual registrant,
has the right to entervine.  As he has stated clearly
he is doing so, eNom has a ethical responsibility to him
to comply and ignore the existing hosting provider
accordingly.  ICANN has a ethical responsibility 
to ensure this actual registrants request is carried
out and to council or enforce the registrar to comply
with the actual registrants request.

-----Original Message-----
>From: "Prophet Partners Inc." <Domains@xxxxxxxxxxxxxxxxxxx>
>Sent: Oct 14, 2007 7:34 AM
>To: ga@xxxxxxxxxxxxxx
>Subject: Re: [ga] Domain Transfer Complaint
>
>
>Hi Andy,
>
>Before we all start playing the blame game, let's look at the facts. 
>DomainTools.com lists the following information in the WHOIS record for 
>IFASC.org
>
>Domain ID:D107755293-LROR
>Domain Name:IFASC.ORG
>Created On:09-Oct-2005 15:53:40 UTC
>Last Updated On:10-Oct-2007 10:56:35 UTC
>Expiration Date:09-Oct-2008 15:53:40 UTC
>Sponsoring Registrar:eNom, Inc. (R39-LROR)
>Status:CLIENT TRANSFER PROHIBITED
>Registrant ID:A99F46409BB801F5
>Registrant Name:Low Budget Host
>Registrant Organization:JDT Technologies, Inc
>Registrant Street1:9866 Kamena Circle
>Registrant Street2:
>Registrant Street3:
>Registrant City:Boynton Beach
>Registrant State/Province:FL
>Registrant Postal Code:33436
>Registrant Country:US
>Registrant Phone:+1.1111111111
>Registrant Phone Ext.:
>Registrant FAX:
>Registrant FAX Ext.:
>Registrant Email: admin (at) lowbudgethost (dot) com
>
>Admin ID:A99F46409BB801F5
>Admin Name:Low Budget Host
>Admin Organization:JDT Technologies, Inc
>Admin Street1:9866 Kamena Circle
>Admin Street2:
>Admin Street3:
>Admin City:Boynton Beach
>Admin State/Province:FL
>Admin Postal Code:33436
>Admin Country:US
>Admin Phone:+1.1111111111
>Admin Phone Ext.:
>Admin FAX:
>Admin FAX Ext.:
>Admin Email: admin (at) lowbudgethost (dot) com
>
>The website owner is neither the registrant nor administrative contact for 
>IFASC.org Both contacts are for the web hosting company, so eNom's 
>responsibility is to the web hosting company and not the website owner. It 
>is unfortunate, but the website owner must resolve his/her problem with the 
>web hosting company.
>
>I am not aware of the specifics regarding IFASC.org or Low Budget Host, but 
>this situation appears similar to a common problem with unwary people who 
>register their domains through certain web hosting companies. Some web 
>hosting companies offer free domains or domains below the wholesale cost as 
>a promotion to lure new customers. To ensure that they can recover the 
>expenses from their promotion, these web hosting companies register domains 
>for clients in the name of the respective web hosting company. This has the 
>intended effect of forcing unsuspecting clients to keep their hosting 
>services at the web hosting company. As the domains are registered to the 
>web hosting company, website owners cannot change name servers to different 
>web hosting services or transfer domains away to different registrars.
>
>Sincerely,
>Ted
>Prophet Partners Inc.
>http://www.ProphetPartners.com
>http://www.Premium-Domain-Names.com
>
>
>----- Original Message ----- 
>From: "Andy Gardner" <andy@xxxxxxxxxxxxxxx>
>To: "ga DNSO" <ga@xxxxxxxxxxxxxx>
>Sent: Saturday, October 13, 2007 11:50 PM
>Subject: Re: [ga] Domain Transfer Complaint
>
>
>>
>>
>> On Oct 13, 2007, at 9:30 PM, jwkckid1@xxxxxxxxxxxxx wrote:
>>
>>>
>>> Danny and all,
>>>
>>>   Indeed.  I wonder why he even bothered given the GNSO's
>>> lack of addressing these sorts of problems in any meaningful
>>> way, and ICANN's staff and Bod wringing their hands of these
>>> repeated problems with registrars.
>>>
>>>   One other thing I also noticed is that this fellow
>>> didn't mention whom his registrar was in his complaint.
>>
>> It's eNom.
>>>
>>>   From my point of view only, I believe whomever this registrar
>>> is has taken far too long to address the problem adaquately if
>>> at all, and should loose accreditation immediately.
>>
>> They might be saving it for themselves so they can auction it off at 
>> NameJet.com like they do all the other domains they claim to own. 
>
=======

'Regards,
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of
Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail jwkckid1@xxxxxxxxxxxxx