At 9/17/02 9:53 AM, Paul Chvostek wrote:

>If I were Tucows, my response to this issue would be to put the folks at
>domainsupportgroup.net on a list of RSPs who get no second chances.  If
>it IS demonstrated that they engage in prosecutably deceptive marketing,
>or they violate Tucows' AUP in any other clear way, Tucows will probably
>turf 'em.  And until that happens, they're almost as helpless as we are.

Actually, though, OpenSRS has known for at least six months that these 
guys must be mining the WHOIS to "allow, enable, or otherwise support the 
transmission by e-mail, telephone, or facsimile of mass, unsolicited, 
commercial advertising or solicitations to entities other than the data 
recipient's own existing customers", which is a clear violation of an 
OpenSRS policy.

(I have no direct evidence that they're mining the WHOIS, but I see no 
other way that they could consistently get the phone number and fax 
number of newly registered domains in less than a week.)

That's plenty of excuse to terminate the reseller if OpenSRS wished to do 
so, according to the contract:

"...in the event that TUCOWS, in its reasonable discretion, determines 
that RSP... is in violation of any OpenSRS policy or regulation as 
amended from time to time... TUCOWS shall have the right to suspend RSP's 
access to OpenSRS pending the cure of such breach to the reasonable 
satisfaction of TUCOWS. Failure of RSP to remedy its practices to the 
satisfaction of TUCOWS within a reasonable period of time shall entitle 
TUCOWS to immediate termination of this Agreement."

------------------------------------
Robert L Mathews, Tiger Technologies

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