RE: [ga] keeping expired domains by a registrar

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Thanks Jon.  I was hoping one of the registrars on the list would join
the discussion.

Chuck Gomes
 
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> -----Original Message-----
> From: Nevett, Jonathon [mailto:jnevett@xxxxxxxxxxxxxxxxxxxx] 
> Sent: Wednesday, April 04, 2007 12:06 PM
> To: Gomes, Chuck; Danny Younger; Bashar Al-Abdulhadi
> Cc: ga@xxxxxxxxxxxxxx
> Subject: RE: [ga] keeping expired domains by a registrar
> 
> 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
>  
> "This message is intended for the use of the individual or 
> entity to which it is addressed, and may contain information 
> that is privileged, confidential and exempt from disclosure 
> under applicable law. Any unauthorized use, distribution, or 
> disclosure is strictly prohibited. If you have received this 
> message in error, please notify sender immediately and 
> destroy/delete the original transmission." 
>  
> 
> > -----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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>