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

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

George and all former DNSO GA members or other interested stakeholders/users,

  Goerge, you have a long reputation as being very much anti Verisign.  As
such some comments you make regarding Verisign are often times
circumspect at best.  This is one of those times.  Verisign was given
.COM in perpetuity in a "Deal" the than constituted ICANN BoD
and CEO made in order for Verisign to give up essentially, .ORG and
.NET in 2007.  Hence Verisign has the legal right to manage .COM
as they see fit indefinitely.

  Now given that the deletion policy is not truly a consensus policy
except as consensus by ICANN BoD and it's less than legitimately
constituted "Constituencies" of the GNSO, it is hardly odd that Verisign
would have such a registration contract although it is a very unfair
and unreasonable.  Ergo it is ICANN that created the now declining
scenario which it and stakeholders/users find themselves in.

George Kirikos wrote:

> 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/

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"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]
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