Genie:

You can do this today, with us, if your terms of service create this
relationship. This is your decision and well within your power to do, if
your contracts with the registrant reflect this.

Changing the relationship AFTER a chargeback or refund is outside the
contracts and if another registrar is allowing this they are doing so in
breach of their agreements. Again, we will revisit this with ICANN. We would
consider allowing this if we are assured we will not be in breach.

You must keep in mind that when we introduced OpenSRS we essentially created
the concept of reseller. We recognized that ISPs, web hosting companies and
domain name resellers were the folks that actually sold domain names. We
received A LOT of resistance to this concept. One of the ways we were/are
able to defend it is to respect the contracts and recognize that we, as
registrar, have some level of responsibility to the registrant. In this case
with respect to whether the registrant information can be changed or not.

Lastly, especially given the state of the secondary market, I am not
convinced that having "control" of a name provides any greater liklihood of
obtaining payment than does having the name on hold. I completely understand
the "fairness" around it. Believe me you have no argument there. It is the
effect I question.

More when we hear back from ICANN.

Regards

Elliot Noss
Tucows inc.
416-538-5494

> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:owner-discuss-list@;opensrs.org]On Behalf Of Genie Livingstone
> Sent: Wednesday, November 06, 2002 9:47 AM
> To: [EMAIL PROTECTED]
> Subject: Re: Changing Admin Info after Refund
>
>
> "Elliot Noss" wrote on: Tuesday, November 05, 2002 2:03 PM
> Subject: RE: Changing Admin Info after Refund
> >
> ..., and I want to make this very clear, from our perspective the
> reseller
> > is our client. From a contractual/ICANN perspective the registrant is
> our
> > client. I indicated earlier that we will take this to ICANN for a
> > clarification on their interpretation of the agreement.
>
> Elliot and the group, I could not resist to jump in on this one:
> we register domains via OpenSRS as well as other Registrars due to our
> need to expired domain monitoring effectivness, dynamic DNS record
> management etc....  Other Registrars view their Resellers as their
> Clients, e.g. those Registrars sold the domain to us - we are the domain
> registrant in their records, hence we have the authority to resell the
> domain as well as take it back in case of chargeback.  It diminishes
> chargebacks incredibly well when you can disclose in your contract that
> the domain ownership hinges on successfull payment settlement and that a
> chargeback, insufficient funds check etc... removes the domain
> ownership/use from the customer who did not pay for the domain.  This is
> only possible when Registrar VIEWS us the Reseller as the domain
> Registrant and keeps their records in such way.... I am not an expert
> but from what I see in our control panels, in the eyes of a Registrar,
> we are the Registrant and the we resold it, leased it, used it, sit on
> it   :-)   .  It makes a lot of sense - we do business with the
> Registrar, we are their customer, weather we purchase 1000 domains for
> our own use or to resell is a matter of a separate issue.  Registrar
> views us as a customer, they obtained payment from us, they give us full
> ownership and control of domains we have paid them for....
>
> No matter how much we hedge against credit card fraud, it will always be
> there: last night I had attempt from Novosibirsk, Russia IP address to
> register KOSTYAN.COM for 10 years plus ordering our most expensive
> hosting package for a quarter with a credit card of a fellow in
> Glendale, California...whose credit card passed AVS and authorized the
> charge.... so no matter how much we police and warn, there will always
> be those mostly foreign kids who will try the scam.  We found that
> pending transactions is less costly than real time registrations, that
> would let transactions such as the above referenced one through... and
> we do pend religiously due to credit card fraud.
>
> Cheers
> Genie Livingstone
>
>

Reply via email to