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Monday, 16 July 2007

Well, in my last blog I spoke of the 60 day transfer prohibit period.

I logged into the public participation site at ICANN and asked a question:

Could someone please clarify the 60 day Transfer Prohibited policy?

The reason I ask is because GoDaddy claims that since I updated my contact information on my domain, that resets the 60 day transfer prohibited policy set forth by ICANN.

GoDaddy has denied a transfer because they claim that ICANN has approved GoDaddy's policy on this written below:

Upon completion of the change of Registrant of the Domain Name, Go Daddy will send an email to the Current Registrant confirming the change of Registrant contemplated by this Agreement. If the Current Registrant has any objection to the change of Registrant whatsoever, the Current Registrant assumes all responsibility for responding to such email and notifying Go Daddy of any objection within fifteen (15) calendar days. The Current Registrant agrees to release, indemnify and hold Go Daddy harmless for any issues that arise as a result of an improper change of Registrant, whether intentionally or unintentionally initiated, whether by the Current Registrant or others acting on its behalf. The domain name may not be transferred to another registrar within 60 days of the completion of the change of Registrant transaction (the "Transfer Prohibition Period"). In the event the domain name is subject to another change of Registrant within the Transfer Prohibition Period, the 60 day Transfer Prohibition Period will begin again upon completion of the subsequent change of Registrant transaction.

Registrant transaction explained by GoDaddy means changing of Registrant contact information...?

My domain name hasn't changed, the registrant hasn't changed and the it's been with GoDaddy for a long time. Why is it when I updated my mailing address, (not my email) GoDaddy has the right to force me to renew with them. They've also claimed that when I renew, this will also reset the 60 day thing.

Here is the ICANN policy on this:

A registrar may legitimately deny a transfer request in certain limited circumstances, as follows:

* Evidence of fraud
* Uniform Domain-Name Dispute Resolution Policy (UDRP) action
* Court order
* Reasonable dispute over the identity of the person authorizing the transfer
* Domain name is on hold due to payment owed for a previous registration period
* Express written objection from the domain name holder
* Domain name is in 'Lock' status (Registrars must provide a readily accessible and reasonable means for name holders to remove the lock status. Contact your registrar for assistance.)
* Domain name is within 60 days of initial registration
* Domain name is within 60 days of a previous transfer

After waiting several days for an answer, I wrote:

Kieren,

You said that you would answer this. I need to know who writes the policies... ICANN or the Registrars. Clearly GoDaddy in this case is violating the ICANN policy of the transfer prohibit policy. Who is enforcing these?

From what I understand GoDaddy has done this for a long time and it's not legitimate. So, what's ICANN going to do about it?

I've filed a complaint and received no answer. I've posted this question on the public participation site with no answer. Why doesn't ICANN enforce and outline their own policies?

Let's get on with it, this is an issue that should be dealt with accordingly and not shoved under a rug like the Registerfly situation. If there's a need for the ICANN organization at all, then there's a need for ICANN to clearly define the policies of the Registrar and to aggressively enforce those policies.

I would like an answer to this as promised.

Kieren responded:

Funny you should ask. I have an answer. Although I should like to point out that a petulant posting such as the one above is not the way to go about following up a request.

The response:

-----------------------------------------------------------------------

Some registrants have reported that they are unable to transfer domain names that were bulk-transferred from RegisterFly to Go Daddy, and that the reason provided by Go Daddy was that the registration was transferred within the previous 60 days.

As clarification, the Inter-Registrar Transfer Policy allows Go Daddy (just like all registrars) to deny a transfer-out on the basis that the registration was transferred within the previous 60 days. (See Section A.3 (9).) This provision of the Transfer Policy does not distinguish between prior transfers that were requested by the registrant or part of a bulk-transfer. Please note that the Transfer Policy does not require Go Daddy to deny the transfers for 60 days, but it is a fairly common practice within the industry and not unreasonable given the circumstances.

Accordingly, Go Daddy may deny transfers-out for names that were bulk-transferred within the prior 60 days from Registerfly, although it is not required to do so.

Your answer has nothing to do with the question!

Now, what does the response have to do with the question? NOTHING. The question wasn't about Registerfly and there wasn't any mention of the name being at Registerfly. This is an example of why people get frustrated. When someone takes the time to go into detail with a question, they are looking for an answer addressing that question.  Why would I ask what color shoes you were wearing when I really wanted to know what time you went to sleep last night????...

If ICANN is going to continue to work with the public, it's important that they understand questions asked and do their best to understand what people are saying.  No wonder ICANN is so screwed up!  Mutual understanding will time, energy and lots and lots of headaches.

Now I have updated the question so that it could be understood by just about anyone.  Please forgive me if I sound petulant with my question but I think it's easy to understand why.  Here is the new and improved question (response):

 

You missed my Question....

Ok, please let me rephrase the question because it's obvious the heart of the question has been overlooked and that could be because I didn't explain it well enough.

Let me clarify two things. First, nothing about Registerfly was mentioned in the question above about GoDaddy and the 60 day transfer prohibit policy. Registerfly domain names that were bulk transferred to GoDaddy have nothing to do with the topic. Second, I've stated that there was no such transfer that took place between any registrars. Now a petulant posting is sometimes due to the fact that questions aren't being answered and when they are, it has nothing to do with the question posted.

For the record and for a clear understanding on what GoDaddy is doing...

I have had a domain, me, as the Registrant with GoDaddy for better than a year. No transfer, No push, just a .biz domain name. So, I login to my GoDaddy account and proceed to update my whois information. The whois is reading and incorrect P.O. Box but everything else is ok. So, I update my whois information making the changes of the P.O. Box as well as the city and zip code. My Registrant name, email address and everything else remains in tact. Just like I were to do at any Registrar, I select the 'change all' selection.

Now, in changing this whois information, GoDaddy is saying that they have a right to reset the 60 Day transfer prohibit period. They are telling me I can't transfer a domain name from them because I updated the Registrant whois address.

Well, as you so politely posted the link to the policy, it states:

  • A domain name is in the first 60 days of an initial registration period.
  • 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

So how is GoDaddy to prevent a legitimate transfer?

Now the question is rather simple, how can GoDaddy reset this 60 day transfer prohibit policy to trap domain names when the domain name in question does not fall into the 60 day transfer prohibit policy.

To clarify, my domain was not transferred within the last 60 days, nor was it purchased within the last 60 days. This is a 3+ year old domain name.

How can GoDaddy enforce a policy that is against the policy of ICANN.

I urge you to read the policy and re-read the entire post. We have registrars out here making their own policies and GoDaddy is an example of one of them.

.............. Now that we've read and understand the question and the answer is in black and white in the ICANN policy, what is ICANN going to do about the current violations to the ICANN policy that is forcing domain owners to renew with GoDaddy?

Kieren, I know you are doing your best to make this public participation site work and your effort doesn't go unnoticed. Thank you for your efforts and thanks in advance for digging into this for me. This isn't a complaint that needs millions of complaints filed or lawsuits filed or anything else. It's an ICANN policy that ICANN needs to enforce with it's registrars.

Thank you!

Now, I'll updated when the question is answered because it's an important question.  When Registrars can start altering and writing policy that isn't in line with ICANN policy, then why do we have ICANN?

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