Re: [ga] keeping expired domains by a registrar

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Danny and all,

  Good point and one that has been made several times before
and never addressed.  Seems the policy is an argument and
therefore self defeating, hence seemingly a case for restraint
of trade legal concern.  In short or in other blunt terms, this
policy is a canard.

Danny Younger wrote:

> Chuck,
>
> One of the problems that we registrants are facing
> stems from Terms of Service Agreements deliberately
> designed to circumvent the Expired Domain Deletion
> Policy.  For example, consider this clause in the
> Network Solutions Service Agreement version 7.7.7:
>
> "Should you not renew the domain name during any
> applicable grace period, you agree that unless you
> notify us to the contrary we may, in our sole
> discretion, renew and transfer the domain name to
> Network Solutions or a third party on your behalf
> (such a transaction is hereinafter referred to as a
> "Direct Transfer"), and your failure to so notify us
> after the domain name expiration date shall constitute
> your consent to such a Direct Transfer."
>
> --- "Gomes, Chuck" <cgomes@xxxxxxxxxxxx> wrote:
>
> > Bashar,
> >
> > Registrars should be able to address this better
> > than me because they work
> > with it everyday, but the clause that I thought was
> > especially relevant was
> > the following:
> >
> > "3.7.5.3 In the absence of extenuating circumstances
> > (as defined in Section
> > 3.7.5.1 above), a domain name must be deleted within
> > 45 days of either the
> > registrar or the registrant terminating a
> > registration agreement."
> > Extenuating circumstances are clearly spelled out in
> > Section 3.7.5.1 and any
> > that are not listed must be approved by ICANN.  So
> > my question is this: if
> > no extenuating circumstances exist, may a registrar
> > keep a name longer than
> > 45 days before deleting it and still be in
> > compliance with this policy?
> >
> > Chuck Gomes
>
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"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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