At 01:26 PM 12/20/01 -0500, you wrote:
>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.

The domain is considered "un-renewable" past day 40. We have never deleted 
name right at day 40 - it has always been between 40-45.

>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.


Well, there are two clearly different situations... what is important for 
you to understand is that there are clear guidelines for the natural term 
of a registration. These guidelines are not so clear for the period after 
expiry. It is not well known (nor is it a secret) that Tucows has to 
actually pay for expired names at day zero, in order to keep them for the 
45 days past expiry (we do not pass this charge along to resellers), we are 
refunded when we delete them.

ICANN is very aware of the ambiguity of this "state", they have received 
thousands of complaints about the number one offender (Veri^H^H), who 
"re-possess" the names and auction them off...

Regards,

sA

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