That's not quite accurate. Once the registration has been paid for, ICANN
and therefore Tucows, has to consider it a done deal. There is no connection
between the non-payment of the web space/traffic and the domain name that we
can reliably fall-back on. This is a known shortcoming of the system we put
together.
Anybody that been around for a while can attest to this - OpenSRS was a
hack/abomination when we released it. No one had considered doing what we
were doing and how we did it. The problem was, that in order for us to pull
it off, compromises had to be made. This is one of them.
-rwr
Tucows Inc.
t. 416.538.5492
----- Original Message -----
From: <[EMAIL PROTECTED]>
To: "OpenSRS Discuss List" <[EMAIL PROTECTED]>; "Jonathan Wood"
<[EMAIL PROTECTED]>
Sent: Wednesday, April 25, 2001 8:14 AM
Subject: Re: Legal/Ethical question for the list
> Hello Friends,
>
> This question is really very important. The question that should be asked
> now is - why should the person not pay for services he has used ? You will
> agree that he should be willingly pay for it, isn't it? If he is not
doing,
> why shouldn't he be made to pay ?
>
> I have previously followed discussion on the same question, Can the RSP
stop
> the transfer or inactivate the domain name if the customer hasn't paid his
> dues or made a chargeback for the domain name, sadly the answer from the
> OpenSRS was - "NO".
>
> Even more interesting is the reason OpenSRS forwards - "because it
(OpenSRS)
> has been paid by their (OpenSRS customers, ie the RSPs), they can't do
that"
> !
>
> There is a way out though. OpenSRS allows you to create your own signup
and
> manage page, so that the username and password to the domain is actually
> with you. This is like sort of a screen between the user and the OpenSRS,
> with you in between with the username and password totally in your
control.
>
> The problem here is though, how does OpenSRS verifies that the customer
> actually owes the money and the RSP is not behaving arrongantly ?
>
> Ashish
>
> ----- Original Message -----
> From: Csongor Fagyal <[EMAIL PROTECTED]>
> To: William X. Walsh <[EMAIL PROTECTED]>; Stewart Boutcher
> <[EMAIL PROTECTED]>
> Cc: OpenSRS Discuss List <[EMAIL PROTECTED]>; Jonathan Wood
> <[EMAIL PROTECTED]>
> Sent: Wednesday, April 25, 2001 3:34 PM
> Subject: Re: Legal/Ethical question for the list
>
>
> > What about making a contract with all clients _before_ these kinds of
> > problems arise? Do I have the right to make a contract with the client
> which
> > gives ownership over the domain to me in case he/she does some naughty
> > thing? Or, in other words, can I bind a domain to some services I
provide,
> > and keep the ownership from the start - of course with the consent of
the
> > registrant?
> >
> > - Csongor
> >
> > ----- Original Message -----
> > From: "William X. Walsh" <[EMAIL PROTECTED]>
> > To: "Stewart Boutcher" <[EMAIL PROTECTED]>
> > Cc: "OpenSRS Discuss List" <[EMAIL PROTECTED]>; "Jonathan Wood"
> > <[EMAIL PROTECTED]>
> > Sent: Wednesday, April 25, 2001 11:22 AM
> > Subject: Re: Legal/Ethical question for the list
> >
> >
> > > Hello Stewart,
> > >
> > > This is my personal opinion.
> > >
> > > Domain registration should be considered to be totally separate, and
> > > under no conditions should domains be held hostage by MSPs who provide
> > > other services and are owed money by the domain registrant for those
> > > services and not for the domain registration itself.
> > >
> > > Nothing in your registration agreements gives you the right to revoke
> > > the ability for the registrant to use their domains elsewhere for
> > > monies owned not related to the domain registration itself.
> > >
> > > If he is transferring the domains, you should do nothing to block
> > > them.
> > >
> > > You will end up giving not only the disgruntled customer, but the new
> > > webhost, grounds for public criticism that you hold domains hostage
> > > over billing disputes. They will make it appear like they don't owe
> > > you anything and that you are claiming otherwise vindictively.
> > >
> > > You've heard the saying that a customer with a good experience will
> > > tell 1 person, but one with a bad experience will tell 10?
> > >
> > > I can't speak for OpenSRS, but I would imagine they would be obligated
> > > to do whatever the domain registrant requested, and that your dispute
> > > would be entirely independent of that.
> > >
> > > --
> > > Best regards,
> > > William mailto:[EMAIL PROTECTED]
> > >
> > >
> > >
>
