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  1. #1
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    Read TOS before signing them! Complete nonsense from GoDaddy

    Hello,

    Just tried to transfer out of GoDaddy. My fault - I thought it will be better to remove privacy protection... Well... Transfer was denied. The reason? Quoting their support:

    Dear Sir/Ma’am,



    Thank you for contacting customer support. On 11/28/2005 the domains registrant contact was updated. According to GoDaddy policy the
    domain cannot be transferred until 60 days has past since the last registrant contact change. This is stated in our legal agreements. You
    will find the relevant part of this agreement quoted below.



    -----



    Rejections may include, but are not limited to: The current Registrar rejected the transfer. The original registration took place less
    than sixty (60) days prior to the transfer request. The domain name has been placed in a locked status by either the Registry or by the
    losing registrar. The domain was transferred to Go Daddy less than sixty (60) days prior to the transfer request. The domain name expired
    but was not renewed. The domain name expired and was renewed during the forty-five (45) day grace period, and the forty-five (45) day grace
    period has not yet passed. The Domain Name Registrant was changed less than sixty (60) days prior to the transfer request. Any pending
    bankruptcy of the current domain name holder. Any dispute over the identity of the domain name holder. Any situation described in the
    Dispute Policy. Transfer orders over thirty (30) days old.

    -----



    You may continue the transfer 1/25/2006 provided that the transfer is in accordance with the agreement above.
    Lessons learned:

    - read before signing;
    - just go away from registrars like GoDaddy.

    Anyway, I am not very sad about this. Domain expires in February 2006 and there will be plenty of time for transfer.
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  2. #2

    Tos

    If I am reading this right, it is pretty standard for most registrars.

    BTW the link in your sig needs a TLD added, it is missing the .something.

  3. #3
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    Quote Originally Posted by LexTalionis
    If I am reading this right, it is pretty standard for most registrars I think.. .
    As far as I'm aware, this isn't (and shouldn't be!!!!) standart for most registrars. Even the ownership CHANGE within the same registrar isn't a problem for future transfers (been there, done that - too many times), let alone cancelling whois privacy (which was wrongly interpreted as registrant edit). Shorter - beware of this when dealing with GoDaddy!

    And yes, '60 days no-transfer' ICANN rule is for:

    - new domains;
    - recently transferred domains (unless transferring back).

    Quote Originally Posted by LexTalionis
    BTW the link in your sig needs a TLD added, it is missing the .something.


    If you think localpub is a DOMAIN, you shouldn't sit in front of monitor that long and get a taste of a REAL life (visit your local pub, for example)... Sorry, nothing personal...
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  4. #4
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    All the registrars I've seen show the same limitation (60 days after registration or 10 days before renewal date is due), so it's not a Godaddy problem...

  5. #5
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    Quote Originally Posted by pamaro
    All the registrars I've seen show the same limitation (60 days after registration or 10 days before renewal date is due), so it's not a Godaddy problem...
    1. Domain isn't new (well over 2 years with GoDaddy!);
    2. The only thing which was done with it - whois protection removed;
    3. I've transferred out domains ON THE LAST DAY of their active status from different registrars (sometimes their status appeared even as 'graceperiod', only then 'transfer pending'), so 10 days before renewal is something new to me also.
    Last edited by Stan Marsh; 11-29-2005 at 03:45 PM.
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  6. #6
    Join Date
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    Technically that breaks ICANN rules if I read it correctly:

    3. Obligations of the Registrar of Record

    A Registrar of Record can choose independently to confirm the intent of the Registered Name Holder when a notice of a pending transfer is received from the Registry. The Registrar of Record must do so in a manner consistent with the standards set forth in this agreement pertaining to Gaining Registrars. In order to ensure that the form of the request employed by the Registrar of Record is substantially administrative and informative in nature and clearly provided to the Transfer Contact for the purpose of verifying the intent of the Transfer Contact, the Registrar of Record must use the FOA.

    The FOA shall be communicated in English, and any dispute arising out of a transfer request, shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, the Registrar choosing to exercise such option is responsible for the accuracy and completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes and procedures set forth in this policy. This includes but is not limited to the requirement that no Registrar shall add any additional information to the FOA used to obtain the consent of the Transfer Contact in the case of a transfer request.

    This requirement does not preclude the Registrar of Record from marketing to its existing customers through separate communications.

    The FOA should be sent by the Registrar of Record to the Transfer Contact as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operator.

    Failure by the Registrar of Record to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.

    In the event that a Transfer Contact listed in the Whois has not confirmed their request to transfer with the Registrar of Record and the Registrar of Record has not explicitly denied the transfer request, the default action will be that the Registrar of Record must allow the transfer to proceed.

    Upon denying a transfer request for any of the following reasons, the Registrar of Record must provide the Registered Name Holder and the potential Gaining Registrar with the reason for denial. The Registrar of Record may deny a transfer request only in the following specific instances:

    1. Evidence of fraud
    2. UDRP action
    3. Court order by a court of competent jurisdiction
    4. Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
    5. No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
    6. Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
    7. A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
    8. A domain name is in the first 60 days of an initial registration period.
    9. A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs).

    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
    * No response from the Registered Name Holder or Administrative Contact.
    * Domain name in Registrar Lock Status, unless the Registered Name Holder is provided with the reasonable opportunity and ability to unlock the domain name prior to the Transfer Request.
    * Domain name registration period time constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
    * General payment defaults between Registrar and business partners / affiliates in cases where the Registered Name Holder for the domain in question has paid for the registration.

    The Registrar of Record has other mechanisms available to collect payment from the Registered Name Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrar of Record must not employ transfer processes as a mechanism to secure payment for services from a Registered Name Holder. Exceptions to this requirement are as follows:

    (i) In the case of non-payment for previous registration period(s) if the transfer is requested after the expiration date, or

    (ii) In the case of non-payment of the current registration period, if transfer is requested before the expiration date.
    They clearly state that a domain may not be transfered within the 1st 60 days.

    ICANN has no policy that permits or requires registrars to deny outgoing transfer requests solely because the registration is within X number of days before expiration. In any case where a "losing" registrar does deny a transfer request, it is required to provide the "gaining" registrar with a notice of the denial and a specific reason for the denial.
    I'm no expert on all of ICANN regulations, but that was what I found on thier website with relatively little effort

    http://www.icann.org/transfers/

  7. #7
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    It may be best to read the TOS before you do something prior to complaining.
    Domain Maven

  8. #8
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    Quote Originally Posted by dmaven
    It may be best to read the TOS before you do something prior to complaining.
    Dmaven, I must agree with you 100%. It was completely my fault I didn't do this. Or, to be more exact, misunderstood what they had in mind creating this clause. You see, I did never updated or changed anything AT REGISTRAR. I just removed whois protection; and, as you most probably are aware, in GD case this could be done not even registering into your GoDaddy's account. So, the registrant details at GoDaddy NEVER CHANGED. Anyway, this is a good lesson.
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  9. #9
    Allow me to clear this up for everyone:

    ICANN does enforce the fact that a domain cannot be transferred within the FIRST 60 days of a registrar owning the domain name. This will include new registrations and new "transferred in" domains. However, updating the registrant contact does NOT fall under this rule and is NOT enforced by many registrars, and certainly not the registry.

    This example, of updating the contact info is specific to GoDaddy and few others. It should also be noted that the contact info was not really changed, but the whois privacy service (which masks the real information) was removed. So, the contact info was only technically updated. Take their privacy service (which does change the registrant name, something I was NEVER comfortable with) and combine it with their shady policy of the transfer, and you have customer retention up X%. After another 2 months, typical domain owners forget about it and continue on with their life until they decide to renew or transfer at the last minute.

    I used to work for an extremely large registrar and had many discussions on technicalities in the transfer process with Verisign myself. What GoDaddy practices is not enforced by ICANN.

  10. #10
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    Quote Originally Posted by bazutti
    What GoDaddy practices is not enforced by ICANN.
    I coudn't say better. Thank you!
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  11. #11
    Report it to ICANN. Go Daddy's legal fine prints may dictate such, but ICANN still
    has the final say.

  12. #12
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    Thanks, Davezan! I'll not report anything. ICANN is mostly useless as long as it gets his share of $$$ from registrars (as I've learned from these forums). As I've wrote in my original post, it will be more than enough time for me to transfer the domain in February 2006.

    Thank you again!
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  13. #13
    localpub:

    One last tip, when you decide to transfer out of GoDaddy, if you don't get their email right away enabling you to authorize the transfer, then call them. Another thing is that only the gaining registrar has the burden of authentication. The losing registrar has none at all. Therefore, most registrars will approve your outbound transfers via the phone. You just have to ask for it.

  14. #14
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    bazutti:

    I really value your comments and tips. You're very knowledgeable (English?) person as I see and I want to hope you'll be very nice gain for the whole WHT community. Thank you! Thank you VERY MUCH!

    Last but not least - welcome to WHT!!!
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  15. #15
    Quote Originally Posted by localpub
    Thanks, Davezan! I'll not report anything. ICANN is mostly useless as long as it gets his share of $$$ from registrars (as I've learned from these forums). As I've wrote in my original post, it will be more than enough time for me to transfer the domain in February 2006.

    Thank you again!
    No prob. But one person in another thread (can't remember the title, sorry) made
    a report to ICANN about it when Go Daddy denied his transfer simply because he
    transferred it to another account within.

    Go Daddy cited the 60-day thingie.

    A few days later, someone supposedly called the guy apologizing for a "mistake"
    and told him to restart the transfer out.

  16. #16
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    only godaddy denies transer if the domain was locally transfered or ownership changed

    all other famous registrars don't do it
    Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
    Kuwait's First Webhosting and Domain Registration provider - an ICANN Accredited Registrar

    Twitter: Bashar Al-Abdulhadi

  17. #17
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    Quote Originally Posted by Bashar
    only godaddy denies transer if the domain was locally transfered or ownership changed
    The thing is that neither of that happened and GD still denied transfer. Uh, well, in this case I CAN wait.
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  18. #18
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    localpub, this is the very reason why I will not buy a domain from someone if it is registered at NoDaddy, BlueRazor, or a WWD reseller. YUK!

  19. #19
    It's called pre-planning. When you bought the domain you agreed to this TOS now your complaining because you don't like what you agreed to?

    It's not against ICANN rules for what GoDaddy does. ICANN rules don't state that GoDaddy can't enforce rule, only that there is no rule. Therefore this rule is enforced through GoDaddy's TOS boys and girls.

  20. #20
    I think most people realize that Godaddy can and does do this.

    We're just saying it's a crappy, un-userfriendly rule that GD has put in place ;-)

  21. #21
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    Quote Originally Posted by RossH
    It's not against ICANN rules for what GoDaddy does.
    I am not a lawyer, but I think it actually *IS* against ICANN rules. To be more exact, it's against ICANN's Inter-Registrar Transfer Policy. It's about inter-registrar relations in a domain transfer process. It specifically speaks about in what conditions losing registrar can deny transfer request from another registrar and what reasons it should provide for asking/gaining registrar about the denial.

    In other words, losing registrar's internal policies or terms should have nothing to do with transfer request's denial or approval. GD is yet to realise this.
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  22. #22
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    Quote Originally Posted by gerolsteiner
    I think most people realize that Godaddy can and does do this.

    We're just saying it's a crappy, un-userfriendly rule that GD has put in place ;-)
    Bingo. Thank you.

  23. #23
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    Disabling privacy should not have interfered with the transfer (although it looks like what shouldn't happen did happen). If I were transferring out of Godaddy, I would not disable privacy, because that makes the previously protected data available to spammers. I would go into the Domains-by-Proxy options to enable forwarding. That will make it possible to confirm the transfer request if the receiving registrar uses email to whois-listed address for confirmation. One downside is that there may be a flurry of incoming spam, because in two years the Domains-by-Proxy address is probably on spam lists, but it's normally not forwarding the spam in the default setting.

  24. #24
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    Quote Originally Posted by Disgruntled
    Disabling privacy should not have interfered with the transfer (although it looks like what shouldn't happen did happen). If I were transferring out of Godaddy, I would not disable privacy, because that makes the previously protected data available to spammers. I would go into the Domains-by-Proxy options to enable forwarding. That will make it possible to confirm the transfer request if the receiving registrar uses email to whois-listed address for confirmation. One downside is that there may be a flurry of incoming spam, because in two years the Domains-by-Proxy address is probably on spam lists, but it's normally not forwarding the spam in the default setting.
    GoDaddy blocks the transfer if it's a private registration.

  25. #25
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    According to
    https://www.godaddy.com/gdshop/dbp/l...?se=%2B&ci=174
    "You retain full benefits of domain registration. You can cancel, sell, renew, or transfer your domain; set-up name servers for your domain; and resolve disputes involving your domain."

    If they're violating their own advertised statement I'd report them to Arizona Attorney General and Phoenix BBB.

  26. #26
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    GoDaddy throws that 60 day clause around at everything. That is why the only time I buy domains with them is with a real good coupon on non-critical domains.
    No Signature Required

  27. #27
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    When I attempted to transfer a domain out in June 2004, they blocked the transfer because it was a private registration. Once that was cancelled I was able to transfer out the next day. Maybe their policy has changed since that time.

    I no longer have any domains at Go Daddy.

  28. #28
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    Quote Originally Posted by ajaspers
    When I attempted to transfer a domain out in June 2004, they blocked the transfer because it was a private registration. Once that was cancelled I was able to transfer out the next day. Maybe their policy has changed since that time.

    I no longer have any domains at Go Daddy.
    Of course, they change policy to fit there needs. It is all about retaining domains in their system not about customer service.

  29. #29
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    Sorry to beat the deadhorse here.

    Even further, even 'better' surprises from GD. This is what I've received when trying to move my second domain (of 2) registered with them:

    Dear Registration Private,

    The request to transfer the following domain name(s) to another registrar has been denied -- the domain(s) is currently a Private Registration:

    MYDOMAIN-HERE.COM

    If you would still like to transfer the domain(s) to another registrar, you must first cancel your Private Registration(s).

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    To cancel your Private Registration, log in to your Domains By Proxy Account. To safely log in:

    1. Go to DomainsByProxy.com. Be sure you're at the Domains by Proxy home page (instead of clicking on unidentifiable links, pop-ups, etc.).

    2. Select "My Account" from the home page. Enter your log in name (or customer number) and password, and click the "Log On" button.

    You will then be able to manage your account.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    If you have forgotten your password, you may reset it by selecting the "Forgot your password?" link on the log in page.

    Regards,
    Domain Services
    GoDaddy.com
    mailto[email protected]

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    Copyright 2006 GoDaddy.com. All rights reserved.
    It looks like if you want to transfer away from godaddy and have a private whois, you must remove it first, wait 60 days and only then your transfer request will be granted (???). What a nonsense!!!

    Frankly, I am pi**ed off; and quite alot.
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  30. #30
    I know I said this before. But I'm just wondering if you finally complained to ICANN
    about this and what has happened afterwards, if any.

  31. #31
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    Quote Originally Posted by davezan
    I know I said this before. But I'm just wondering if you finally complained to ICANN about this and what has happened afterwards, if any.
    No. The 2 domains I have with them are extremely important for me and I simply don't want to lose them, even for a short time, while GD and ICANN will be engaged in the discussions. With all I am reading about that supermonster, it's quite easy for them to take away your domains from you...

    I'll be more than happy to write to ICANN about my troubles when I'll transfer both of them away from GD (I still hope I'll be able to do this at all).

    Thank you for all your support!
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  32. #32
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    Quote Originally Posted by localpub
    With all I am reading about that supermonster, it's quite easy for them to take away your domains from you...
    Which supermonster would that be?
    Domain Maven

  33. #33
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    dmaven

    localpub - I think there is already a long list of complainants at ICANN regarding how GoDaddy is implementing there 60 day hold rule. You can just join a long list. ICANN is deliberately turning a blind eye to most registrars transgressions. It's a hopeless situation. You won't get any satisfaction from ICANN, the governing body. Anyhow, there probably is nothing said about changing the registrant details in any ICANN/GoDaddy agreements, and it's in Godaddy's TOS, so you have already 2 strikes against you already.

    Just resign yourself that you have to wait sixty days to transfer the domains. It's not exactly as if you can't still use them in the meantime.

  34. #34
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    Quote Originally Posted by davezan
    No prob. But one person in another thread (can't remember the title, sorry) made
    a report to ICANN about it when Go Daddy denied his transfer simply because he
    transferred it to another account within.

    Go Daddy cited the 60-day thingie.

    A few days later, someone supposedly called the guy apologizing for a "mistake"
    and told him to restart the transfer out.

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