For starters they are not following the published documentation. This documentation is part of the reseller agreement and specifies a specific procedure for dropped domains. They even have a nice graphic that shows the timeline of when and how domains are released back into the pool of domain.
As for the ICANN and/or registry agreements one issues if the WHOIS record. "Tucows Marked For Deletion" is not an entity and cannot be listed as the owner of a domain since it is not an entity. In fact my attorney brought up this issue. Can a UDRP be filed against "Tucows Marked For Deletion?" There is also a provision in the agreements that prohibit registrars from taking over domains in this manner. Mr. Scott Allen and Ross Rader should be able to point this out in the current agreements as they both told me that was the case when I tried to have chargeback domains transferred to me. They both insisted this violated the ICANN rules and they did not want to do it because they said they wanted to be around for a long time. I guess there 2 sets of rules now. -----Original Message----- From: Hostmaster [mailto:[EMAIL PROTECTED]] Sent: Thursday, December 20, 2001 1:20 PM To: zxcvb Cc: [EMAIL PROTECTED] Subject: RE: Tucows domain deletions What specific violations of the 'reseller agreement' and 'ICANN Agreement' are TuCows guilty of? Nick Swift -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On Behalf Of zxcvb Sent: Thursday, December 20, 2001 12:54 PM To: 'Scott Allan'; [EMAIL PROTECTED] Cc: [EMAIL PROTECTED] Subject: RE: Tucows domain deletions This is not "research" "product development" or a "testbed" .... Tucows is registering domains with the live system on behalf (and most likely exclusively) to DIRECTSEEK.COM. If this is truly a "testbed" as Tucows claims then any reseller should be able to request domains via this system. I have made such a request and I have not gotten an answer. Am I going to being to be allowed to submit names via this system? I suspect these are the same people Tucows has been giving preferential treatment to for a long time. In the past my reseller system was completely unusable for about an hour when domains were dropped. When I complained about it Charles D. would always claim he would stop the people from flooding the system but nothing ever got done. I had lost numerous sales because of this in the past. I also suspect the new "batch" system will be "used up" by Tucows getting domains on behalf of DIRECTSEEK.COM so I expect it will be just about useless. Further, you have not said what happens to the domains. Are they being transferred directly to DIRECTSEEK.COM if they decide they want the domain? These are very simple questions that I have asked over, and over, and over again. Why can't I get a straight answer? What are you hiding? Also, Tucows is violation of the reseller agreement as Tucoes is not following the posted procedure. I also believe Tucows is violating the ICANN agreement and a complaint has already been filed with ICANN.
