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I've
read your message twice to ensure that I understood what you were saying.
The following is my impression of what you are saying, please correct me if I am
wrong. But no flames as this is not intended as a
flame. :)
Nor is
this intended as legal or any other type of advice, it is just the impression I
received from your message each time I read it.
First,
it appears that you are fully aware of the reason why you have been
unable to transfer these domains and in fact it appears you answered your
own question in the last paragraph.
However, it is not evident from this message why you consider them
to be dead domains, other than the fact that you are not receiving any
cooperation in transferring them to another Registrar. In what way are
they restricting you from using the domain names, other than transferring them
to another Registrar? Are they preventing you from hosting them on
the host of your choice or preventing you from selling them? If
so, then you may have a valid issue with them.
And
are they really preventing you from transferring the domains to another
Registrar?
You
state that you are aware that they charge a transfer fee and a renewal fee if
the domain name has been registered with them for under two years. So it
does not appear that they are preventing you from transferring the domain names,
but may be requiring you to abide by the conditions of the contract you agreed
to when you registered the domain names.
Please
forgive me if I am wrong, but from your message the issue appears to be that you
are attempting to violate your contract with them by transferring the
domain names to another Registrar without paying the appropriate
fees.
Have
you contacted them, offering to pay the required transfer fees or have you just
submitted a form from an OpenSRS RSP site, which was then sent to them to
approve without any agreement to pay the required fees?
You
mention that you may sue them over the issue. I would advise having your
attorney read the contract terms that you agreed to when you registered the
domain name prior to taking any other action. He can advise you if you
must abide by these terms or if you can unilaterally change the terms and
transfer your domain name to another registrar.
While
you may consider these terms to be unfair, if they were in the agreement at the
time you registered the domain names you are probably stuck with them. But
your attorney is the one that should be advising you concerning this, not
members of this list.
I am not defending the other Registrar nor
am I defending the terms of their Registration agreement. In my
opinion, based on what you have stated, it would be difficult to defend them on
a moral ground. However, they are probably on solid legal ground with the
contract. Which is why you need to discuss this with an attorney and not
members of this list.
The bottom line is that you should always
read any agreement before signing on the bottom line.
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