One thing to keep in mind about the ICANN structure (registrars, registries etc.) is that it is based in contract and not national law. While national law certainly supercedes the contracts, it is the case that if it isn't explicitly covered by the contract (and not illegal under the law of the land) then it is fair game.
In this case, there is no express agreement between the various parties that putting adverts into the whois is off-base - therefore, it, as an exception, is contractually acceptable - regardless of how tasteless or favorable the activity might seem. Unfortunately, there seems to be a number of operators in this game that view exception-hunting as a full-time sport and operate their businesses at these margins instead of attempting to work within the spirit of the agreements...(of course, not saying that this particular case is an example of this - I'm just making a general observation) -rwr ----- Original Message ----- From: "Csongor Fagyal" <[EMAIL PROTECTED]> To: "discuss-list" <[EMAIL PROTECTED]> Sent: Monday, April 22, 2002 11:02 AM Subject: Is this legal? > Sorry if this has been previously asked, but is putting advertisement > into the WHOIS DB legal? > > See this (last lines): > > # whois [EMAIL PROTECTED] > [whois.domaindiscover.com] > > > This WHOIS database is provided for information purposes only. We do > not guarantee the accuracy of this data. The following uses of this > system are expressly prohibited: (1) use of this system for unlawful > purposes; (2) use of this system to collect information used in the > mass transmission of unsolicited commercial messages in any medium; > (3) use of high volume, automated, electronic processes against this > database. By submitting this query, you agree to abide by this > policy. > > Registrant: > TOMOTEL Hungary Ltd. > Blathy Otto u. 22. > , > US > > Domain Name: PAVAPLAZA.COM > > Administrative Contact, Technical Contact, Zone Contact: > TOMOTEL Hungary Ltd. > Modroczky, Tamas > Blathy Otto u. 22. > , > US > +36 1 2104120 > +36 1 2104129 [fax] > [EMAIL PROTECTED] > > Domain created on 28-Apr-1999 > Domain expires on 28-Apr-2002 > Last updated on 05-Nov-2001 > > Domain servers in listed order: > > NS.PAVAPLAZA.COM 194.143.237.42 > NS1.ELENDER.HU > > Register or transfer domains at www.BuyDomains.com - as low as $9/year. > Including FREE: Responsive toll-free support, URL/frame/email forwarding, > easy management system, and full featured DNS. > > > ----------------------------- > - Cs. >
