----- Original Message -----
Sent: Wednesday, August 30, 2000 5:10
PM
Subject: RE: What to do against a
Registrar who abuses his position?
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.
I have been trying to transfer ownership of a
Domain registered at UK2.net (CORE registrar). I sent the funds and
registered letter to CORE. Nothing. Three times, I tried to transfer the
Domain to openSRS and I never received the confirmation e-mail.
An investigation by openSRS confirmed that
[eMailLover.com]
QUOTE
UNQUOTE
When you register a Domain at UK2.net, you are
NOBODY. They place THEIR name as Administrative and NEVER EVER answer
any mail or pick up the phone.
I have tried to transfer to openSRS 2 other
domains registered at UK2.net: [lottokill.com] and [lotowin.org]. Again, the
e-mail goes to [EMAIL PROTECTED]
and NO ANSWER.
Has anyone experienced this problem ? Can
anyone know what to do ? This is a real "theft" case. And should no soluton
be found I will take them to court. I am serious about it. I have few
hundred Domains there and can't do anything with them. DEAD
domains!!!!
(somewhere they mention that they would charge
£19 (35$) to accept to transfer a Domain if registered under two years, plus
70$ for the new registration fees!!!!)
Thanks for any possible help.