RE: [ga] keeping expired domains by a registrar

[Danny Younger <dannyyounger@xxxxxxxxx>]

Dear Stacy Burnette,

In your capacity as ICANN's Director of Contractual
Compliance, I would appreciate a formal determination
as to whether the "direct transfer clauses" in most
registrar Terms of Service agreements stand in
violation of ICANN's Expired Domain Deletion Policy --
please note the correspondence below for a further
explication of the issue.  

I have copied this correspondence also to Deputy
General Counsel Dan Halloran.  I look forward to
clarification of this issue from ICANN staff.

Thank you for your attention to this matter,
Danny Younger


--- "Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>
wrote:

> 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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> 
> 
> 



 
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