[ga] Re: NSI & Expired domain names -- violation of consensus deletions policy??

[George Kirikos <gkirikos@xxxxxxxxx>]

Hi again,

As a followup, NSI has also modified its Registration Agreement in a
way to remove the rights of registrants to RGP. See my post at:

http://www.domainstate.com/showthread.php3?s=&threadid=33224

Or, go to Sections 14 and 15 of:

http://www.networksolutions.com/en_US/legal/static-service-agreement.jhtml#domains

"14.  Grace Period; IP Address Changes; Renewal and Transfer of Expired
Domain Names on Your Behalf. You agree that we may, but are not
obligated to, allow you to renew your domain name after its expiration
date has passed. You agree that after the expiration date of your
domain name registration and before it is deleted or renewed, we may
direct your domain name to an IP address designated by us, including,
without limitation, to an IP address which hosts a parking, under
construction or other temporary page that may include promotions and
advertisements for, and links to, Network Solutions?s Web site, Network
Solutions product and service offerings, third-party Web sites,
third-party product and service offerings, and/or Internet search
engines, and you agree that we may place our contact information in the
WHOIS output for the expired domain name. Should you choose not to
renew your domain name during any applicable grace period, you agree
that we may, in our sole discretion, renew and transfer the domain name
to a third party on your behalf (such a transaction is hereinafter
referred to as a ?Direct Transfer?). In the event we are able to
identify such a third party (the ?Direct Transfer Customer?) and
effectuate such a Direct Transfer, we will notify you via email after
the transaction is completed (?Direct Transfer Notification?).
Additionally, you will be eligible to receive a portion of the funds
received by us as a result of a Direct Transfer of your domain name, as
follows: (i) if you registered your domain name with Network Solutions
directly through our Web site, you will be eligible to receive twenty
percent (20%) of the Net Proceeds received by us from our third party
vendor as a result of a Direct Transfer; and (ii) if you registered
your domain name with Network Solutions through a third party agent
(such as your ISP, for example), you will be eligible to receive
fifteen percent (15%) of the Net Proceeds received by us from our third
party vendor as a result of a Direct Transfer. You acknowledge and
agree that the Direct Transfer process may be facilitated through a
single Direct Transfer Customer, or through a brief auction involving
multiple parties who are interested in your domain name. For purposes
of this paragraph, ?Net Proceeds? shall mean the total fees paid to us
by our third party vendor as a result of a Direct Transfer, less any
registry fees, credit card charge-backs, processing and check fees, and
other costs or fees associated with the Direct Transfer of the domain
name. You agree that we shall have no obligation to pay you, and you
shall have no right to receive, any percentage of the Net Proceeds
unless, within ninety (90) days after the date of our Direct Transfer
Notification, you first provide us with the name, address and related
information requested by us (including, but not limited to, a Form W-9,
if applicable) in our Direct Transfer Notification. We cannot
guarantee, and we make no representation or promise, that any Direct
Transfer will occur with respect to your domain name.

15.  New Customers through a Backorder Service. If you are registering
a domain name through a backorder service and that domain name was
registered with, and not yet deleted by, Network Solutions at the time
of your purchase, you acknowledge and agree that the term of your
registration will be for a period of one year from the original
expiration date for the domain name immediately prior to your purchase,
as the registration is the result of a Direct Transfer (defined above).
If you are registering a domain name through a backorder service and
the domain name was not registered with Network Solutions at the time
of your purchase but was deleted by the applicable top-level domain
registry at the time of your purchase, you acknowledge and agree that
the term of your registration will be for a period of one year from the
date it is initially registered with Network Solutions by the provider
of the backorder service."

NSI is a scary registrar, and this just proves it. It's up to the folks
at ICANN to give them the smackdown they appear to deserve.

Sincerely,

George Kirikos
http://www.kirikos.com/