RE: [ga] keeping expired domains by a registrar

["Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>]

Chuck:  

Most registrars now have some kind of similar direct transfer clause.
The things to look for are whether a registrant can opt out of it -- as
one can in our clause below -- and whether the registrant may share in
the proceeds of a post-expiration auction of the domain name -- as we
also provide.  

In the past, most of these names were being grabbed by a few registrars
in the drop pool and auctioned off post-deletion with no benefit to the
former registrant.  

Thanks.

Jon Nevett  

-----Original Message-----
From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf
Of Gomes, Chuck
Sent: Wednesday, April 04, 2007 11:22 AM
To: Danny Younger; Bashar Al-Abdulhadi
Cc: ga@xxxxxxxxxxxxxx
Subject: RE: [ga] keeping expired domains by a registrar

I wonder how many registrars have clauses similar to this?

Chuck Gomes
 
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> -----Original Message-----
> From: Danny Younger [mailto:dannyyounger@xxxxxxxxx] 
> Sent: Tuesday, April 03, 2007 8:48 PM
> To: Gomes, Chuck; Bashar Al-Abdulhadi
> Cc: ga@xxxxxxxxxxxxxx
> Subject: RE: [ga] keeping expired domains by a registrar
> 
> 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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