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DomainState.com - News & Views : Powered by vBulletin DomainState.com - News & Views > Legal and Business Issues. Finding Buyers and Negotiating > NSI changes registrant agreement to allow takeover of expired domains?
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GeorgeK
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NSI changes registrant agreement to allow takeover of expired domains?

See:

http://www.networksolutions.com/en_...t.jhtml#domains

Sections 14 and 15:

14. Grace Period; IP Address Changes; Renewal and Transfer of Expired Domain Names on Your Behalf. You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration date has passed. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, Network Solutions’s Web site, Network Solutions product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name. Should you choose not to renew your domain name during any applicable grace period, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf (such a transaction is hereinafter referred to as a “Direct Transfer”). In the event we are able to identify such a third party (the “Direct Transfer Customer”) and effectuate such a Direct Transfer, we will notify you via email after the transaction is completed (“Direct Transfer Notification”). Additionally, you will be eligible to receive a portion of the funds received by us as a result of a Direct Transfer of your domain name, as follows: (i) if you registered your domain name with Network Solutions directly through our Web site, you will be eligible to receive twenty percent (20%) of the Net Proceeds received by us from our third party vendor as a result of a Direct Transfer; and (ii) if you registered your domain name with Network Solutions through a third party agent (such as your ISP, for example), you will be eligible to receive fifteen percent (15%) of the Net Proceeds received by us from our third party vendor as a result of a Direct Transfer. You acknowledge and agree that the Direct Transfer process may be facilitated through a single Direct Transfer Customer, or through a brief auction involving multiple parties who are interested in your domain name. For purposes of this paragraph, “Net Proceeds” shall mean the total fees paid to us by our third party vendor as a result of a Direct Transfer, less any registry fees, credit card charge-backs, processing and check fees, and other costs or fees associated with the Direct Transfer of the domain name. You agree that we shall have no obligation to pay you, and you shall have no right to receive, any percentage of the Net Proceeds unless, within ninety (90) days after the date of our Direct Transfer Notification, you first provide us with the name, address and related information requested by us (including, but not limited to, a Form W-9, if applicable) in our Direct Transfer Notification. We cannot guarantee, and we make no representation or promise, that any Direct Transfer will occur with respect to your domain name.

15. New Customers through a Backorder Service. If you are registering a domain name through a backorder service and that domain name was registered with, and not yet deleted by, Network Solutions at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of a Direct Transfer (defined above). If you are registering a domain name through a backorder service and the domain name was not registered with Network Solutions at the time of your purchase but was deleted by the applicable top-level domain registry at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the date it is initially registered with Network Solutions by the provider of the backorder service.

Scary!!

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Old Post 09-19-2004 09:09 PM
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safesys
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yeah, at least theres a 20% placation payoff

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GeorgeK
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hehe Well, according to that agreement, NSI is no longer obligated to let you renew the domain name when it expires. So, they'd be running the numbers....will NSI earn more money renewing the domain name for $35/yr, or will they earn more auctioning it off (and keeping 80% minus whatever they pay to SnapNames)?

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ILikeInfo
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And there it is! One registrar lists 20%, another lists 90%. The very first time you receive any % you start looking for the registrars with the higest %. Furthermore they will no longer hide % in a contract but actually promote it on their home page!

End result: After time, that $90 million shifts and goes into the previous registrants hands not the registrars hands.

Bring it on!

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safesys
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yep george, it is frightening that they have a clause stating that post expiry they *may* decide to sell it and keep 80% rather than let you pay a renewal fee.

massive conflict of interest.

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ILikeInfo
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quote:
Originally posted by GeorgeK
will NSI earn more money renewing the domain name for $35/yr, or will they earn more auctioning it off (and keeping 80% minus whatever they pay to SnapNames)?


That is scary.

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ILikeInfo
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quote:
Originally posted by safesys
yep george, it is frightening that they have a clause stating that post expiry they *may* decide to sell it and keep 80% rather than let you pay a renewal fee.

massive conflict of interest.



To play devils advocate that argument is a bit like the email Matty recently got. Basically you did not renew so the domain is no longer yours. These days I think everything is done with a credit card so the real key here is that the registrant did not keep their CC up to date and select auto renewal.

Now that said, I'm more concerned about the conflict of saying "Your card was denied" when the info was current and nothing was wrong with the card at all. Basically the domain value motivated the desired to ensure the domain was not renewed or perhaps even could not be renewed ....

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ILikeInfo
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Question:

You folks that took NSI up on their free transfer renewals last year, Ya worried yet???

You got current CC info setup on those domain accounts???

Did you set all those domains to auto renew???

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its the way its worded that worries me.

it says that basically immediate on expiry, netsol can park your domain and look at the revenue it gens then auction it off and only pay you 20%.

no mention of a set protection period and very commercially orientated.

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ILikeInfo
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quote:
Originally posted by safesys
its the way its worded that worries me.

it says that basically immediate on expiry, netsol can park your domain and look at the revenue it gens then auction it off and only pay you 20%.

no mention of a set protection period and very commercially orientated.



Yes but that almost happens now as I see registrars with *ZERO* grace period.

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GeorgeK
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I wonder what will happen if Amazon.com (or another big company) fails to renew, and they decide to not let them renew, but instead auction the domain for $100 million? Sex.com is *still* at NSI, for example!

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safesys
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quote:
Yes but that almost happens now as I see registrars with *ZERO* grace period.


two wrongs don't make a right

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quote:
Originally posted by safesys
two wrongs don't make a right



Agreed.

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safesys
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I guess it makes registrars that have other big revenue streams look very attractive right now.

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quote:
Originally posted by safesys
I guess it makes registrars that have other big revenue streams look very attractive right now.


Like Tucows?

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