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

["Richard Henderson" <richardhenderson@xxxxxxxxxxxx>]

I think Nominet is benevolent. It is a private, not-for-profit company. It is responsive and easy to phone up and contact.

I think the wording below is basically indicating that if you and I use a domain name in a way which causes financial loss to another party, we should take responsibility for what we do with that domain name, and Nominet should not be held liable for anything you or I do with that domain name.

Richard
  ----- Original Message ----- 
  From: Hugh Dierker 
  To: Richard Henderson ; General Assembly of the DNSO 
  Cc: Danny Younger ; Jeff Williams 
  Sent: Friday, March 11, 2005 3:08 PM
  Subject: Re: [ga] RE: Domain seller leaves thousands in limbo


  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 

    25.. 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.
      
    26.. 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.
      
    27.. 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: 
          27.1 any loss of profit, revenue or other type of economic loss (whether direct or indirect); 
          27.2 loss of business or contracts; 
          27.3 loss of expected savings or goodwill; or 
          27.4 any losses which a court categorises as 'consequential', or 'indirect' arising out of or in connection with the contract, including but not limited to: 
            27.4.1 any mistake or missing information in the register; and 
                27.4.2 loss 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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