Ross mentioned it earlier in the thread:

"section 3.5 of your registrar accreditation agreement"

You can get that here:

http://www.icann.org/registrars/ra-agreement-17may01.htm

Charles Daminato
TUCOWS Product Manager
[EMAIL PROTECTED]

On Tue, 5 Nov 2002, John T. Jarrett wrote:

> Consider this a lobby to our supplier!
>
> Still, tho, Paul said it violated ICANN rules, but I can't
> find it and I still haven't been pointed to any ICANN
> document which says what you are saying.
>
> John
>
> > -----Original Message-----
> > From: Ross Wm. Rader [mailto:ross@;tucows.com]
> > Sent: Monday, November 04, 2002 11:14 PM
> > To: Donny Simonton; 'Charles Daminato'; 'Mark Petersen'
> > Cc: 'John T. Jarrett'; [EMAIL PROTECTED]
> > Subject: Re: Changing Admin Info after Refund
> >
> >
> > Donny - I'm not the one that you need to convince
> > - the contract is pretty
> > clear in stating that at no point does the
> > registrar hold any rights to the
> > domain name, nor any elements of the domain name
> > record. If it hasn't been
> > paid for, then the requirements are also very
> > clear that the name shouldn't
> > exist (and should therefore be deleted). Do you
> > lose? Yup - but that just
> > means that those that are concerned about it
> > should a) be focusing their
> > dev. time on implementing registrar_hold and
> > registrar_lock implementations
> > that deal with the issue and/or b) lobbying their
> > supplier for more
> > favorable terms.
> >
> > -rwr
> >
> > ----- Original Message -----
> > From: "Donny Simonton" <[EMAIL PROTECTED]>
> > To: "'Ross Wm. Rader'" <[EMAIL PROTECTED]>;
> > "'Charles Daminato'"
> > <[EMAIL PROTECTED]>; "'Mark Petersen'"
> > <[EMAIL PROTECTED]>
> > Cc: "'John T. Jarrett'" <[EMAIL PROTECTED]>;
> > <[EMAIL PROTECTED]>
> > Sent: Tuesday, November 05, 2002 00:05 Moo!
> > Subject: RE: Changing Admin Info after Refund
> >
> >
> > > Ross, if the customer buys a domain for 10
> > years and uses a stolen
> > > credit card, and I don't find out about it
> > until 20 days after the
> > > registration.  Since they never paid for the
> > registration to begin with
> > > in my model which is registrar->customer, I
> > paid for the domain the
> > > customer did not.  In this case I am the owner,
> > and we have talked with
> > > "certain people" who agree with us on this one.  In the
> > > registrar->reseller->customer model, that's
> > something completely
> > > different.
> > >
> > > Donny
> > >
> > > > -----Original Message-----
> > > > From: Ross Wm. Rader [mailto:ross@;tucows.com]
> > > > Sent: Monday, November 04, 2002 9:14 PM
> > > > To: Donny Simonton; 'Charles Daminato'; 'Mark
> > Petersen'
> > > > Cc: 'John T. Jarrett'; [EMAIL PROTECTED]
> > > > Subject: Re: Changing Admin Info after Refund
> > > >
> > > > At point in time does the registrar or the
> > reseller have any claim of
> > > > "ownership" to the domain name. If it hasn't
> > been paid, the "right"
> > > thing
> > > > to
> > > > do is delete it. The registrar has no
> > superior claims to a domaim...we
> > > are
> > > > also just "pass-throughs"...section 3.5 of
> > your registrar
> > > accreditation
> > > > agreement is pretty specific about this.
> > Besides, you should know
> > > better
> > > > than to let other registrars set a bad
> > example for you. If this was
> > > the
> > > > best
> > > > way to proceed, then we'd all suck as much as
> > Network Solutions - and
> > > be
> > > > charging $35 a year for the privilege.
> > > >
> > > > Can't say that I like it much, but the rules
> > are there to be played by
> > > -
> > > > except by those that don't.
> > > >
> > > > -rwr
> > > >
> > > > ----- Original Message -----
> > > > From: "Donny Simonton" <[EMAIL PROTECTED]>
> > > > To: "'Charles Daminato'" <[EMAIL PROTECTED]>;
> > "'Mark Petersen'"
> > > > <[EMAIL PROTECTED]>
> > > > Cc: "'John T. Jarrett'" <[EMAIL PROTECTED]>;
> > > <[EMAIL PROTECTED]>
> > > > Sent: Monday, November 04, 2002 21:29 Moo!
> > > > Subject: RE: Changing Admin Info after Refund
> > > >
> > > >
> > > > > Chuck,
> > > > > Don't want to make this any worse, but we
> > do the same thing at
> > > > > directNIC.  If a customer charges back on
> > us, they did not pay for
> > > the
> > > > > domain, I did.  Not only did I pay the
> > registration fees, but I paid
> > > the
> > > > > chargeback fees.  So we take the domains
> > and put them up for sale.
> > > If I
> > > > > could I would redirect them to some horse
> > porn site, but the owners
> > > > > wouldn't let me.  :)
> > > > >
> > > > > So I do understand why register.com and
> > godaddy confiscate domains.
> > > > >
> > > > > Donny
> > > > >
> > > > > > -----Original Message-----
> > > > > > From: [EMAIL PROTECTED]
> > [mailto:owner-discuss-
> > > > > > [EMAIL PROTECTED]] On Behalf Of Charles Daminato
> > > > > > Sent: Monday, November 04, 2002 7:47 PM
> > > > > > To: Mark Petersen
> > > > > > Cc: John T. Jarrett; [EMAIL PROTECTED]
> > > > > > Subject: Re: Changing Admin Info after Refund
> > > > > >
> > > > > > Precedence does not make it "right".  I
> > don't fully understand the
> > > > > > legalities of it (Ross would have to
> > explain - Ross?), but I
> > > > > > believe Register does not take control of
> > the domain (i.e. they
> > > > > > don't assume ownership and sell to
> > soemone else).  They simply
> > > > > > "hold" it, if it's not paid it stays on
> > hold until the day it
> > > > > > expires (then it goes up for deletion)
> > > > > >
> > > > > > Charles Daminato
> > > > > > TUCOWS Product Manager
> > > > > > [EMAIL PROTECTED]
> > > > > >
> > > > > > On Mon, 4 Nov 2002, Mark Petersen wrote:
> > > > > >
> > > > > > > Stand on precedence. Register.Com is
> > allowed to seize domains on
> > > a
> > > > > daily
> > > > > > > basis.
> > > > > > > The routinely change registrants WHOIS
> > information from whatever
> > > > > *was*
> > > > > > there
> > > > > > > to:
> > > > > > >
> > > > > > >       register.com
> > > > > > >       Unpaid Names Department-R
> > > > > > >       575 Eighth Avenue
> > > > > > >       New York, NY 10018
> > > > > > >       US
> > > > > > >       Phone: 212-798-9200
> > > > > > >       Fax..: 212-594-9876
> > > > > > >       Email: [EMAIL PROTECTED]
> > > > > > >
> > > > > > > If they can do it, why shouldn't we be able to?
> > > > > > > It's supposed to be a level playing
> > field, right?
> > > > > > > Good luck,
> > > > > > > Mark
> > > > > > >
> > > > > > > Mark Petersen    [EMAIL PROTECTED]
> > > > > > > Planet Nic    http://www.planet-nic.com
> > > > > > >
> > > > > > > ----- Original Message -----
> > > > > > > From: "John T. Jarrett" <[EMAIL PROTECTED]>
> > > > > > > To: <[EMAIL PROTECTED]>
> > > > > > > Sent: Monday, November 04, 2002 3:45 PM
> > > > > > > Subject: Changing Admin Info after Refund
> > > > > > >
> > > > > > >
> > > > > > > >
> > > > > > > > Paul over in compliance says it is
> > against ICANN reg's for
> > > > > > > > me to change admin info after a
> > customer refunds on the
> > > > > > > > domain name registration:
> > > > > > > >
> > > > > > > > "I hate to tell you this but you are
> > not allowed to change
> > > > > > > > the whois information - ICANN rules.
> > It appears as though
> > > > > > > > you are trying to take away someone
> > else's property."
> > > > > > > >
> > > > > > > > Frankly, I couldn't care less how it
> > looks. I've offered the
> > > > > > > > refund codes from the merchant
> > account holder LinkPoint
> > > > > > > > themselves so there's proof behind
> > appearances.
> > > > > > > >
> > > > > > > > Can y'all point me to what he's
> > talking to? I can't find it
> > > > > > > > in the UDRP or the Reg Agreement. I
> > don't mind complying
> > > > > > > > with written rules if I can find
> > them, but I'd rather not
> > > > > > > > let this woman steal three domain
> > name registrations if I
> > > > > > > > don't have to!
> > > > > > > >
> > > > > > > > Thanks,
> > > > > > > > John
> > > > > > > > [EMAIL PROTECTED]
> > > > > > > >
> > > > > > >
> > > > > > >
> > > > > > >
> > > > > >
> > > > >
> > > > >
> > > > >
> > > >
> > >
> > >
> > >
> >
> >
>
>

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