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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