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View Full Version : ICANN issue


QRGames
09-12-2005, 07:50 AM
I decided to move from my previous domain registrar, nameroute.com. I've been with them for a while, but eventually decided to move to 1and1 as they are cheaper, offer less obnoxious support and they actually bother to inform me when my domain is about to expire.

The problem I have is nameroute seem reluctant to allow me to transfer this domain on the grounds:

"The rules for .com domain name sis that they cannot be transferred once they have expired.

The problem with this is... is that as far as I can tell, they do allow it!

I replied, with a quote from the ICANN site: "ICANN has not yet adopted a uniform policy concerning the handling of expired domain names."

To which they replied:

But their current policy is not to permit registrar changes when a domai is on registrar hold "staus does not permit operation" Which means (definitely) that expired domains cannot be transferred. So I am right.

I don't know why you think I would lie to you.
I think you have watched too many episodes of Watchdog and assume that all businesses are out to get you.

Having read the most recent ICANN policies on transfers, I can find no evidence that they have a right to refuse this transfer.

The main issue is, they are treating me like a non-paying customer, when I have in fact paid all my bills in good time. They should only put my domain on registrar hold if I fail to meet payments. That is not the case, I don't have a recurring payment and they failed to inform me succesfully (for the SECOND TIME, they don't listen I'm using a new email) that my previous one was about to expire. I am still the registered name holder for that domain.

Instances when the requested change of Registrar may not be denied include, but are not limited to:

Nonpayment for a pending or future registration period

I have been played for a fool by hostroute/nameroute too many times and I want to be free of them.

Whilst I have initiated a transfer, I suspect nameroute.com may attempt to veto it, quoting ICANN regulations. Is this allowed?

I'll let you know if the transfer does (or does not) go ahead succesfully.

nameslave
09-12-2005, 08:17 AM
As far as I know, ICANN does not forbid registrar transfer upon expiry; HOWEVER, MOST registrars do have their own terms (with you the registrant) that probably block that. My two cents are: since your domains have expired, it may be in your best interest to renew them at your existing registrar ASAP (and NOT to waste more time *arguing* with them), AND THEN transfer out, unless you want to risk paying more (for "recovering" expired domains). Good luck.

QRGames
09-12-2005, 08:39 AM
As far as I'm concerned, they are mis-quoting ICANN in an attempt to get me to do just that. I would sooner report them to ICANN and have ICANN give me the domain than line their pockets as they want.

Normally, I would bend in this, but they failed to update my contact information which was what led to this. That is part of their TOS and they failed to uphold it. I'm also entirely certain that the expiration happened a year earlier than it should.

Funnily enough.. said domain has now been renewed without me even asking, which suggests to me the whole thing was a farce to extract another £30 out of me. Either way, I wish they'd hurry up and reply to 1and1's transfer request so I knew what course of action to take.

Techno
09-12-2005, 11:30 AM
My understanding of the above is that the name has expired but has not dropped yet..so it is still in the redemption period. Are the posters above saying that a domain in the redemption period does not have to be renewed with the existing registrar but can be renewed/transfered to different registrar?

Continuum
09-12-2005, 01:27 PM
Originally posted by virginia
My understanding of the above is that the name has expired but has not dropped yet..so it is still in the redemption period. Are the posters above saying that a domain in the redemption period does not have to be renewed with the existing registrar but can be renewed/transfered to different registrar?

Domain names in Redemption period cannot be transferred. Domain names in Redemption can be only Restored by the current Registrar.

-Tom

nameslave
09-12-2005, 01:45 PM
Originally posted by virginia
My understanding of the above is that the name has expired but has not dropped yet..so it is still in the redemption period. Are the posters above saying that a domain in the redemption period does not have to be renewed with the existing registrar but can be renewed/transfered to different registrar?
A domain could have been expired BUT NOT YET in RGP. ;)

BrookeM
09-12-2005, 02:23 PM
ICANN's compliance FAQ: http://www.icann.org/compliance/faq.html

The part that will probably be of most interest to you says:

My domain name has just expired. Can my registrar require me to pay for a renewal before I can transfer to a new registrar?

No. Your new registrar of choice can initiate a transfer request on an expired domain name once they receive the required authorization from you. Expiration or nonrenewal of a domain name is not a valid reason for denial of a transfer request.

That doesn't apply to domains in redemption, of course, but if your domain is not in the redemption period yet, give this information to your registrar. You would be amazed how many registrars are not even aware of this policy.

4solutions
09-12-2005, 05:10 PM
With all this said, a complaint to ICANN should be acted on sometime before the year 3,000 (at least in my experience). :(

Whether, they are right or wrong, QRGames, if the domain name is important to you, I think you will have one final dance to do with nameroute. That is you should renew the domain name before it goes into REDEMPTIONPERIOD. Be sure to cancel your transfer request with 1and1, though, because domains transferred within 45 days of being renewed do NOT get another year added to their expiration date.

Good Luck! ... I know I've been squeezed like this myself, but I figured it was my own fault for letting the domain expire. ;)

QRGames
09-12-2005, 07:52 PM
Given I wasn't given the warnings as promised in the TOS for the second time... I definately feel comfortable holding the registrar responsible.

My customers are mostly working off my new servers now anyway, I could easily cope without this domain.

Thank BrookeM, I forgot about that. I had read it, just forgot to quote it.

The server never entered redemption period and if it did, I would have simply moved domain and then reported the incident to ICANN and OFCOM.

It's more of a moral thing. I'm disgusted that they would try to scam me in such a way. They have been rude and unhelpful. I had one techie close a ticket 10 times quoting "everything is fine" each time, then finally admitted he was wrong when I threatened to leave. The reason my domain expired was their failure to uphold their TOS and then they lie to me about the regulations which govern my rights and belittle me for suggesting I might have even the slightest clue what I'm talking about.

Anyway, warning to punters aside, it seems nameroute.com have finally authorized my transfer request. So, if all the paperwork is shuffled correctly, this will be finished before I head off to university. Thanks for the help and advice everyone, I've learnt some useful stuff :)