In short and out of experience:

There is no possibillity to do such a thing for a simple reason, we the
resellers do not exist.

There are a few contractual notions; we register for a 3d party who
(acccording to our contract) has already paid (the contract states that
we register domains that are pre-paid.
We exclude our rights to any such matters in the contract.

Now in the case of fraud chargebacks (we can prove those) compliance
will blacklist the domain but not refund you nor delete the domain, if
the "client" complains and tells a weird ass story about how you did not
deliver and he had to chargeback, he will even get his domain back.

As I said, the contract assumes you already have the money, therefore
you have no rights.
Thast is also why it is such a sweat deal for openSRS; they receive your
money, no matter what (never a chargeback) they have your money in their
coffers way before you use your credits, and they pay the registry 30 +
30 days after you registered a domain. (ok, count the number of domains
per year (domain-years) take the cost ($ 6) take 90 days at reasonable
interest and then treble the outcome, because most resellers have a lot
more then 1 domain prepaid in their credits.

Even at low interest rates (of course depending on where you dump the
money) this I quite a handy lump sum per year.

Now one would think that such a lump sum would be used to safeguard the
re-sellers, but alas, not only have they taken away the discount
opportunities (except for the really big ones) they have from day one
left the risk with the re-seller, no wonder this was an easy roll-out.
Let's face it; software developped by re-sellers (early ones) and udner
GPL improved as well, no financial risk (whatever you have to pay the
registry is already many times over in your coffers even before you get
the invoice or in the current case the statement from the registry,
marketing is only in support, iow let the re-sellers advertise, make
sites and what more and there is no charge-back risk, because the
re-seller has that and can keep that.

Yep, the more I think the better the plan is.

Regards

Abel



> -----Original Message-----
> From: [EMAIL PROTECTED] 
> [mailto:[EMAIL PROTECTED] On Behalf Of Robert L Mathews
> Sent: 15 July 2003 23:54
> To: [EMAIL PROTECTED]
> Subject: Re: protection from non paying clientel
> 
> 
> At 7/15/03 2:40 PM, Bill Weinman wrote:
> 
> >IANAL, but I seem to remember the rational for this had 
> something to do
> >with avoiding the legal definition of "chattel". You may 
> have noticed that 
> >the registrars never refer to a customer as buying a domain 
> name. You 
> >cannot own it. You may only "register" it.
> 
> Right. You can certainly "own" the right to use a domain 
> name, though, 
> and that right is transferable; people (including me) 
> carelessly say "own 
> the domain" when they mean "own the right to use the domain 
> for a year". 
> So no need to get hung up on "ownership"; if the word 
> "ownership" appears 
> in the discussion, just substitute "right to use the domain".
> 
> For example, to restate my question more generically, can 
> resellers add 
> contract provisions (to the satisfaction of OpenSRS 
> compliance) allowing 
> them to take away the user's right to use the domain in the event of 
> nonpayment or fraud?
> 
> -- 
> Robert L Mathews, Tiger Technologies
> 


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