Hello!

I wanted to discuss an issue regarding ICANN regulations on domain transfers 
and how TUCOWS as compared to other registry�s deals with this issue.

We had an incident recently where a client who owed us for hosting services 
managed to completely bypass us (the reseller) and go to TUCOWS compliance and 
get the domain unlocked and transferred away. We obviously will now never see 
the money owed to us.

I mention this because I did contact TUCOWS about this and the compliance dept. 
told me that TUCOWS does not allow the reseller to stop any domain transfer 
just because the registrant owes the reseller monies. They said this was 
compliant with ICANN policies regarding this issue.

In this past week we were trying to help a client gain administrative control 
over a domain that was registered through a reseller of ENOM.COM. The reseller 
refused to give the registrant access to the domain until an outstanding 
invoice was paid. We went to ENOM about this issue and they said it was "up to 
the reseller to decide how ever they wanted to do it." The reseller then told 
the registrant (our hosting client) that the cost to change the domain admin 
email address would be $200 USD! We again went to ENOM.COM about this and a 
totally different individual told us "The reseller can charge pretty much what 
they want."

Now...We were told that we could not hold or disallow admin/transfer access to 
domains for unpaid invoices by TUCOWS compliance. (I was told explicitly that 
this was the "legal" ICANN regulation).

If this is true, then how come ENOM doesn't follow that rule? Is it just the 
TUCOWS interpretation of that regulation?

I am very interested to know what the truth is in this issue. I spoke to the 
reseller for ENOM and they told me they had run all this past their legal team 
(holding domains for unpaid invoices) and it was perfectly legal.


I am not looking to take advantage of any registrant, I am just very curious as 
to why the policies are so different, and each registry claims to be right.

Your comments are appreciated.

GB
VPO
DotRegister.ca
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