Anyone Got A Link To The Final Draft Of Nominet’s New Registrar Agreement?

[Murray]

The link on this page

http://www.nominet.org.uk/news/press-releases/nominet-ushers-new-era-uk-namespace

Goes to

http://www.nominet.org.uk/sites/default/files/RevisedRegistrar Agreement-November2013clean.PDF

Which doesn't work.

Anyone got a link to the pdf please?

thanks.

 

[aZooZa]

Works for me:

http://www.nominet.org.uk/sites/default/files/RevisedRegistrar Agreement-November2013clean.PDF

 

[Murray]

Works for me:

http://www.nominet.org.uk/sites/default/files/RevisedRegistrar Agreement-November2013clean.PDF

Weird, all I was getting was a 404 earlier, does work now, thanks.

 

[Murray]

Just had a read of it, I was mostly interested whether large registrars would be able to take control of their customers domains when they expire.

Under Accredited Channel Partner Tag Classification it says

5.3.6. You may, no earlier than 30 days after the expiry of a domain name on an Accredited Channel
Partner Tag, take steps to transfer the domain name into your name, provided that you have previously
informed the Registrant that you intend to do this and obtained their explicit consent to your doing so.

So I guess they wont be able to since I can't see why anyone would say "yes, please have my domain".

 

[Edwin]

If it's in the T&C of registration that nobody reads but which people have to explicitly tick to agree to in order to register a name, that might be considered explicit enough.

 

[Systreg]

@ Murray, all depends what they have in their TOS, they could have small print that says something along the line of:

By registering a domain with us, or transferring a domain in to us, you give us explicit consent to transfer the domain/s to ourselves, no earlier than 30 days after the expiry of a domain. By agreeing to these TOS blah blah blah.

See this topic here, read from the top of this page, Dynadot posted a reply to me which I posted on page 3, and Grant posted this on page 4 from Dynadots TOS:

You understand and agree that, if You have not renewed the domain by the thirtieth (30th) day of the Post-Expiration period, Dynadot may put the domain name up for auction in its Marketplace pursuant to the terms set forth in this Agreement. During a Marketplace auction, You may still renew the domain until the end of the Post-Expiration period. If You fail to renew the domain during the Post-Expiration period, regardless of reason or fault, You understand and agree that Dynadot may, in its sole discretion and without any responsibility or liability to You, make a final and irreversible transfer of the domain to another party. In such cases, there is no Deletion period.

I expect any registrar can write whatever they want in to their TOS which you agree to, whether you read the TOS or not.

 

[Murray]

Thanks for the replies.

I didn't think of terms and conditions..

Would this only count for newly registered domains?

 

[Systreg]

Would this only count for newly registered domains?

I don't think so, you could have had a domain registered for 10 years, and then transferred it in to a new registrar, and if their TOS says such and such about them keeping it later on, you have to go with that, even if you didn't read those terms.

[edit]

If you email Nominet, ask them to clarify the and obtained their explicit consent to your doing so part, as in, do Nominet expect the registrar to actually contact the registrant, or would just mentioning it in their TOS cover them in being able to keep a name.

 

[Murray]

I don't think so, you could have had a domain registered for 10 years, and then transferred it in to a new registrar, and if their TOS says such and such about them keeping it later on, you have to go with that, even if you didn't read those terms.

Ah good point.

But they couldn't just email everyone or when they login it opens up and says "We've updated our ToS, please click and agree to continue" or some such, or could they..

I suppose all of the new .uk's will be registered under the rules that the registrar can have them.

Maybe nominet have designed dropcatching to die a slow death so none of us will be in such an uproar as we would if it was abolished over night.

 

[Edwin]

Usually there's a weasel line in the TOS that reads something like "We reserve the right to vary our TOS at any time. By continuing to use our services, you agree blah blah"

 

[Systreg]

Stephen has post about the registrar agreement here:

http://www.acorndomains.co.uk/nomin...-revised-registrars-agreement.html#post469391

Nominet does lots of explaining about the rights to pick up expired domains with - and how it won’t just benefit the largest Registrars - i.e. board members - that makes me worried. I just cannot work out how this is going to pan out in practice.

However, the clarification that the permission to take over a Registrant’s domain name must be obtained during the 60 expiry window, not at registration, is most welcome.

If that's correct, then registrars can't rely on anything in their TOS with regards to taking over domain names, as they'll have to request permission from the registrant at the later stage, rather then the registrant agreeing to their TOS at the point of registration.

 

[Murray]

Stephen has post about the registrar agreement here:

http://www.acorndomains.co.uk/nomin...-revised-registrars-agreement.html#post469391



If that's correct, then registrars can't rely on anything in their TOS with regards to taking over domain names, as they'll have to request permission from the registrant at the later stage, rather then the registrant agreeing to their TOS at the point of registration.

Oh hmm.

So how likely in reality will it be for registrars to take control of expiring domains?.

 

[anthony]

Oh hmm.

So how likely in reality will it be for registrars to take control of expiring domains?.

Not so likely I would say, certainly not for the good ones anyway. Too many domainers to collate their observations here and rumble any registrar who develops a trend.

 

[Skinner]

Yeah coz nominet did something about host europe changing name servers and tasting domains, so course they'll stop this too.

Not so likely I would say, certainly not for the good ones anyway. Too many domainers to collate their observations here and rumble any registrar who develops a trend.