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RE: [registrars] Anyone signing the new .COM contract by the 30th?

  • To: john@xxxxxxxxxxxxxxxxx, "'Rob Hall'" <rob@xxxxxxxxxxxxx>, "'Mitchell, Champ'" <Cmitchell@xxxxxxxxxxxxxxxxxxxx>, bhavin.t@xxxxxxxxxxx, "'Nevett, Jonathon'" <jnevett@xxxxxxxxxxxxxxxxxxxx>, "'Mark Jeftovic'" <markjr@xxxxxxxxxxx>
  • Subject: RE: [registrars] Anyone signing the new .COM contract by the 30th?
  • From: Jim Archer <jarcher@xxxxxxxxxxxxxxxxxxx>
  • Date: Fri, 29 Dec 2006 11:48:36 -0500
  • Cc: "'Registrars Constituency'" <registrars@xxxxxxxxxxxxxx>, kurt.pritz@xxxxxxxxx, "'Tim Cole'" <tim.cole@xxxxxxxxx>, "'John Jeffrey'" <john.jeffrey@xxxxxxxxx>
  • In-reply-to: <015101c72ab3$fc5af340$6701a8c0@cubensis>
  • References: <015101c72ab3$fc5af340$6701a8c0@cubensis>
  • Sender: owner-registrars@xxxxxxxxxxxxxx

Folks, the immediate problem we have is a practical one. Will Verisign turn us off if we don't return the agreement?

If so, we're forced to sign it, in which case I doubt it would be held valid as it was signed under duress, but that takes a legal action to determine.

We really can't afford to have Verisign turn us off, so since there has been no word from ICANN or Verisign on this we'll probably sign it and put it into FedEx today. Then we have time to deal with the other legal issues later.



--On Thursday, December 28, 2006 2:11 PM -0500 John Berryhill <john@xxxxxxxxxxxxxxxxx> wrote:



All,

To the extent that anyone may have already signed Verisign's document on
the basis of the demonstrably false representation by Verisign that it
was the agreement that was approved by DoC and ICANN, then Verisign would
appear to have the larger problem, since it would be voidable on the
ground of fraudulent inducement.

Any registrars in that position should contact their legal counsel.

Sincerely,

John Berryhill, Ph.d., Esq.
4 West Front St.
Media, PA  19063
(610) 565-5601
(267) 386-8115 fax





*******************************
James W. Archer
CEO
Registration Technologies, Inc.
http://www.RegistrationTek.com




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