Re: [ga] domain tasting comments

[Karl Auerbach <karl@xxxxxxxxxxxx>]

Debbie Garside wrote:

> > > It is not clearly stated at registrars during registration that the
> customer has 5 days in which they are allowed to change their mind about the
> domain name they are registering.
There is an interesting twist on this:

In its contracts with registrars ICANN denies third party beneficiary 
status to registrants.  This means that if those contracts are violated 
that only ICANN has standing to go into court and enforce the terms.
Thus if a registrar were to refuse to provide 5 day AGP to a registrant 
who made a real, legitimate mistake, then that person would have no 
recourse for that breech of the contractual term and would have to wait 
for ICANN to step in, if ever.
Given that ICANN has been rather lax about keelhauling registrars - it 
took a RegisterFly disaster to get ICANN to act last time - a registrar 
could decide that it could ignore its contractual obligations, such as 
AGP, with, as a practical matter, impunity.
                --karl--