You and the rest of your wrecking crew at Register.com
should be
ashamed, right along with the ICANN Interim Board for this mess
that you have created. Your DAM domains are NOT resolving
4 our of 5 times, you are not providing reasonable whois service,
you are not providing any real competition, and your payment policy
stinks as it is not in line with current economic practice.
As such we are now going to have to recommend to our 90k+ members
to Boycott your terrible premature service at least for the time being.
It looks like you have just cost us amongst others I imagine,
time
effort and money to help try and clean up this disgusting mess!!!
Lauren Gaviser wrote:
James,Regards,Thanks for the kind words about register.com. I did, however, want to comment on some of the statements you made.
I bet NSI will process it's own requests before the "competition"
As soon as you finish registering a domain name with register.com, your domain name is entered in the registry. There is no processing to be done by NSI which means that your domain name will be on the root server just as quickly as if you registered with NSI.The cost is still $70 prepay for 2 years
The $70 price charged by register.com includes parking your domain name on register.com's name server along with the domain name registration. Network Solutions charges $119 for these two services.Regards,
Lauren Gaviser
register.comJames Santagata wrote:
At 12:40 PM 6/7/99 -0400, Martin B. Schwimmer wrote:
>First Internet Registration Competitor Goes Online
>
>http://dailynews.yahoo.com/headlines/wr/story.html?s=v/nm/19990607/wr/inter
net_networksolutions_1.htmlI have used Register.com quite extensively in the past and never
had a problem. I actually used this new system on Sunday to register
a DN and it worked fine. Previously, you reserved your DN through
Register.com, which forwarded the DN to NSI for processing and the
invoicing came later through NSI ($70 prepay for 2 years).With the new Register.com system, you pay up front with a credit
card and they forward the DN to NSI. In either case, you still rely on
NSI to write to the registry -- and I bet NSI will process it's own
requests before the "competitions'". The cost is still $70 prepay
for 2 years.In case you are interested, here are the T&C's that accompany
Register.com's new system:Registrant agrees to the terms and conditions of the current Registration
Agreement.Registration Agreement
Register.com (a d/b/a of Forman Interactive Corp.) and Forman Interactive
Corp., collectively referred to as "Forman" or "register.com" is a domain
name registrar and forwards registration requests to other registrars or
registry administrators. Register.com submits these registration requests
on a "first come, first served" basis. By forwarding a registration
request, register.com does not determine the legality of the domain name
registration, or otherwise evaluate whether that registration or use may
infringe upon the rights of a third party.The entity applying for a domain name ("registrant") is solely responsible
for selecting its own domain name ("domain name") and maintaining the
continued accuracy of the registration record. The registrant, by
completing and submitting register.com's registration agreement or the
registration agreement of another registrar or registry administrator
(hereinafter collectively referred to as "Registration Agreement"),
represents that the statements in its application are true and that the
registration of the selected domain name, to the best of the registrant's
knowledge, does not interfere with or infringe upon the rights of any
third party. The registrant also represents that the domain name is not
being registered for any unlawful purpose. Register.com neither acts as
arbiter nor provides resolution of disputes between registrants and third
party complainants arising out of the registration or use of a domain name.
This policy does not confer any rights, procedural or substantive, upon
third party complainants. By using the service, Registrant hereby
indemnifies and defends register.com from any litigation resulting from the
registering of a domain name that infringes the rights of another party.
The registrant acknowledges and agrees that register.com may modify or
amend this Agreement from time to time, and that such changes are binding
upon the registrant. Register.com will post the revised Agreement at their
web site prior to it becoming effective.Agreement
In this Service Agreement ("Agreement") "you" and "your" refer to each
customer and "we", us" and "our" refer to register.com ("REGISTER.COM").
This Agreement explains our obligations to you, and explains your
obligations to us for register.com services. By selecting register.com
service(s) you have agreed to establish an account with us for such
services. When you use your account or permit someone else to use it to
purchase or otherwise acquire access to additional register.com service(s)
or to cancel your register.com service(s) (even if we were not notified of
such authorization), this Agreement covers such service or actions. By
using the service(s) provided by register.com under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement and any pertinent rules or policies that are
or may be published by register.com.Fees, Payment and Term
As consideration for the services you have selected, you agree to pay
register.com the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for register.com service(s),
you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process and (2)
maintain and update this information as needed to keep it current, complete
and accurate.Specific Acceptable Use Policies
Unauthorized use of other people's accounts or computers register.com may
take preventive measures, including changing the access password, in the
event there is any use or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include "social
engineering" (tricking other people into releasing their passwords),
password cracking or security hole scanning. Any unauthorized use of
accounts or computers by a register.com customer, whether or not the
attacked account or computer belongs to register.com, will result in action
against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action.Unsolicited commercial advertisements are not allowed in e-mail, and will
likely result in account suspension or cancellation. Register.com may
suspend a domain name in the event that the Registrant uses the domain name
to send unsolicited commercial advertisements in contradiction to either
applicable laws or customary acceptable usage policies of the Internet.Domain Name Dispute Policy
If you reserved or registered a domain name through us you agree to be
bound by the current Domain Name Dispute Policy ("Dispute Policy")
established by each individual registry which is incorporated
herein and made a part of this Agreement by reference.Domain Name Disputes
You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy in effect at the time of the dispute. You
agree that in the event a domain name dispute arises with any third party,
you will indemnify and hold us
harmless pursuant to the terms and conditions contained in the Dispute Policy.Agents
You agree that, if an agent for you (i.e., an Internet Service Provider,
employee, etc.) purchased our service(s) on your behalf, you are
nonetheless bound as a principal by all terms and conditions herein,
including the Dispute Policy.Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with
respect to any register.com services(s) provided under this Agreement and
any breach of this Agreement is solely limited to the amount you paid for
such service(s). Register.com and its contractors shall not be liable for
any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the register.com services
or for the cost of procurement of substitute services. Because some states
do not allow the exclusion or limitation of liability for consequential or
incidental damages, in such states, our liability is limited to
the extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from
access delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your Account Number or Password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or
liability relating to the deletion of or failure to store e-mail messages;
and (7) loss or liability resulting from the development or interruption of
your Web site.Indemnity
The registrant hereby agrees to defend, indemnify and hold harmless Forman
Interactive Corp., its officers, directors, employees and agents, for any
loss or damages awarded by a court of competent jurisdiction resulting from
any claim, action, or demand arising out of or related to the registration
or use of the domain
name. Such claims shall include, without limitation, those based upon
trademark or service mark infringement, tradename infringement, dilution,
tortious interference with contract or prospective business advantage,
unfair competition, defamation or injury to business reputation. Each
Indemnified Party shall send written notice to the registrant of any such
claim, action, or demand against that party within a
reasonable time. The failure of any Indemnified Party to give the
appropriate notice shall not affect the rights of the other Indemnified
Party.Revocation
The registrant agrees that register.com shall have the right in its sole
discretion to revoke, suspend, transfer or otherwise modify a domain name
registration upon thirty (30) calendar days prior written notice, or at
such time as register.com receives a properly authenticated order from a
court of competent jurisdiction, or arbitration award, requiring the
revocation, suspension, transfer or modification of the domain name
registration.Notices
All notices between register.com and its registrants permitted or required
under this Policy shall be in writing and shall be delivered by personal
delivery, courier delivery, facsimile transmission, and/or by first class
mail, and shall be deemed given upon delivery, transmission, or seven (7)
calendar days after deposit in the mail, whichever occurs first. Initial
notices shall be sent to the domain name registrant at the address of the
domain name registrant listed in register.com's database.Non-Agency
Nothing contained in this Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.Non-Waiver
The failure of register.com to require performance by the registrant of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by register.com of
a breach of any provision hereof be taken or held to be a waiver of the
provision itself.Breach
The registrant's failure to abide by any provision under this Policy may be
considered by register.com to be a material breach and register.com may
provide a written notice, describing the breach, to the registrant. If,
within five (5) calendar days of the date of such notice, the registrant
fails to provide evidence, which is reasonably satisfactory to
register.com, that it has not breached its obligations, then register.com
may revoke registrant's registration of the domain name. Any such breach
by a registrant shall not be deemed to have been excused simply because
register.com did not act earlier in response to that, or any other, breach
by the registrant.Invalidity
In the event that any provision of this Policy shall be unenforceable or
invalid under any applicable law or be so held by applicable court
decision, such unenforceability or invalidity shall not render this Policy
unenforceable or invalid as a whole. Register.com will amend or replace
such provision with one that is valid and enforceable and which achieves,
to the extent possible, the original objectives and intent of register.com
as reflected in the original provision.Entirety
This Policy, as amended, and the current Registration Agreement together
constitute the complete and exclusive agreement between register.com and
the registrant, and supersede and govern all prior proposals, agreements,
or other communications. The registrant agrees that registration of a
domain name constitutes an agreement to be bound by this Policy, as amended
from time to time.Governing Law
This Agreement is personal to you and you may not assign your rights or
obligations to anyone. If any provision in this Agreement is invalid or
unenforceable under applicable law, the remaining provisions will continue
in full force and effect. This Agreement, your rights and obligations and
all actions contemplated by this Agreement shall be governed by the laws of
the United States of America and the State of New York, as if the Agreement
was a contract wholly entered into the wholly performed with [New York].
Any action to enforce this Agreement or any matter relating to your use of
the register.com Site shall be brought exclusively in the federal or state
courts located in [New York, New York] and you irrevocably agree to submit
to the jurisdiction of such courts. This Agreement constitutes the entire
agreement between parties and may not be amended or modified by you except
by means of a written document signed by authorized signatories of both
parties.DISCLAIMER
THE REGISTRANT AGREES THAT REGISTER.COM WILL NOT BE LIABLE FOR ANY
LOSS OF REGISTRATION AND USE OF REGISTRANT'S DOMAIN NAME, OR FOR
INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL REGISTER.COM 'S MAXIMUM LIABILITY EXCEED EITHER
(A) ONE HUNDRED (100.00) DOLLARS OR (B) THE TOTAL AMOUNT REGISTRANT HAS
PAID TO REGISTER.COM OVER THE PRIOR TWELVE (12) MONTH PERIOD, WHICHEVER IS
LESS.
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
