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Old 1st February 2012, 11:11 PM
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registrar question

Anyone ever hear of something like this happening before?

I have a registrar refusing to transfer a domain name because the registrar owner is personally owed money from a job he did for a different company.

I looked up the reasons permitted to deny a domain transfer and I sure did not see being owed money for a separate enterprise on the list.

What sanctions would ICANN normally take if I were to initiate a inter-registrar transfer complaint through the receiving registrar?

Anyone know?
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Old 2nd February 2012, 07:18 AM
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Re: registrar question

That doesn't make sense at all! How can they refuse??? What company is it? Is it a big registrar or a very small unknown one?
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Old 2nd February 2012, 07:37 AM
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Re: registrar question

Just tell him he stands to lose his ICANN Accreditation.

Ask him if the fees on one domain worth that to him?
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Old 2nd February 2012, 12:31 PM
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Re: registrar question

It's a small tiny registrar.

I gave my company's lawyer a heads up about the ICANN rules concerning domain name transfers. I'll let them figure it out. I'd just never heard of a registrar of record denying a transfer for personal reasons.

I need to look up the process for ICANN accreditation to see how much that guy has to lose.

In case anyone is interested here's the relevant rule text:


From ICANN’s site:

My request was denied for a reason not listed above, or I do not agree with the reason they provided. What do I do?

If you believe that your transfer request was inappropriately denied by your current registrar, please contact the registrar to which you want to transfer for assistance. Disputes between registrars over alleged violations of the Inter-Registrar Transfer Policy may be initiated by any ICANN-accredited registrar.

++++++

http://www.icann.org/en/transfers/policy-en.htm

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. The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.
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). "Transferred" shall only mean that an inter-registrar transfer has occurred in accordance with the procedures of this policy.
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.
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