Certainly people should pay for services they have
used.  The question is, "What tactics are acceptable to
exert pressure on people to pay for those services?"

>> why shouldn't he be made to pay ?

In what ways might he be "made" to pay?

Would it be OK to shut his website down? (probably yes)
Would it be OK to hold his domain name hostage? (doubtful)
Would it be OK to publish information about his debt in public?
Would it be OK to put a gun to his head?
Would it be OK to kidnap his family and hold them until he pays?
Would it be OK to kill his dog "as a message"?

C'mon.

>> 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".

Then you haven't been paying attention.  OpenSRS has
worked with me on more than one occasion to disable a
domain name that was charged back.  They won't (can't)
refund my money, but they did help me take reasonable
action against the thief so that he couldn't use his
ill-gotten gains.

>> The problem here is though, how does OpenSRS verifies
>> that the customer actually owes the money and the RSP
>> is not behaving arrongantly ?

I had to provide documentation to that effect.

WXW hit the nail on the head when he pointed out that
domain registration is completely separate from your hosting
business.  It is *NOT* appropriate to disallow the transfer
of a domain name in order to hold it hostage for past due
bills.

That's why God invented small claims court, collection
agencies and a variety of other means.  Allowing the
transfer doesn't imply that the money is no longer owed,
it simply means that you've elected to pursue the debt
through appropriate means rather than in a petty way.


Regards,
Eric Longman
Atl-Connect Internet Services

+-------------------------------------------------------+
| Atl-Connect Internet Services   http://www.atlcon.net |
| 3600 Dallas Hwy Ste 230-288              770 590-0888 |
| Marietta, GA 30064-1685            [EMAIL PROTECTED] |
+-------------------------------------------------------+

----- 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]
> >
> >
> >



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