Re: [ga] RE: Domain seller leaves thousands in limbo

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

I do not know exactly what nic.uk does in practice and perhaps they are benevolent for business reasons.
But you have to look pretty hard to see that they will take responsibility if anything goes wrong.
Some would say this language means nothing and that you must read the contract in its' totality and look to industry standard, practice of the trade and prior dealings. Wouldn't that be fun, figuring out "industry standard".
 
Eric
"
Exclusions and limitations of liability 

   Please note the explanation about liability at the beginning of this contract. However, nothing in these terms limits or excludes our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.
  
   By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name, and we are not authorising you to use the domain name as part of a business.
  
   We will not be liable to you whether under contract law, the legal rules about duties to other people (known as the law of 'tort') including negligence or otherwise, for: 
27.1any loss of profit, revenue or other type of economic loss (whether direct or indirect);27.2loss of business or contracts;27.3loss of expected savings or goodwill; or27.4any losses which a court categorises as 'consequential', or 'indirect' arising out of or in connection with the contract, including but not limited to: 27.4.1any mistake or missing information in the register; and27.4.2loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of the domain name.


Richard Henderson <richardhenderson@xxxxxxxxxxxx> wrote:


Good points about policy regarding escrow. With regard to losing the domains
if they are not notified, what happens with .uk is that BEFORE expiry date
the registrar is supposed to notify the registrant of the need for renewal.
AFTER expiry date, Nominet the registry also notifies the registrant a
number of times that the name has expired. So there should be no need to
lose the domains, even if the registrar goes belly-up.

And as I said, there is no problem transferring your domains to a different
registrar if you are worried at all - because Nominet can and does "force"
the transfer to a new registrar. So if I had registered domains with
Firevision, I cannot see how I would lose those domains (though I would be
faced with the same inconvenience that any company liquidation can cause). I
think the .uk processes work in this scenario. Do gTLD registries have a
similar capability to "rescue" the registrant?

Richard

----- Original Message ----- 
From: "Jeff Williams" 
To: "Richard Henderson" 
Cc: "Danny Younger" ; "Vinton G. Cerf"
; 
Sent: Friday, March 11, 2005 8:33 AM
Subject: Re: [ga] RE: Domain seller leaves thousands in limbo


> Richard and all former DNSO GA members or other interested
> stakeholders/users,
>
> In part you miss the point/problem here. That being that does or does
> not
> ICANN have the ability to enforce escrow policy as it now stands? And
> how will the do so? In addition, will or does such enforcement only
> provide
> a remedy of discrediting Firevision, as well will all of the Firevision
> registrants be made aware of Firevision receivership? And finally,
> if escrow is not in place or the data backed-up is too old, will
> Firevision's
> registrants whom are not aware of the problem, loose their domain
> names?


		
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