Nominet Contract

[grandin]

Nominet's terms and conditions state '16. We may cancel or put the domain into a special special status by notifying you if....'

Please note from the above point that a remedy of transfer to the complainant is not allowed....

16.4 you have broken any of the conditions (including the rules, drs, and drs procedure)

It is ONLY under point 17 can they transfer a domain name....17 reads:-

17. We may (but do not have to) transfer.....

My opinion:- Under the DRS a transfer is NOT allowed as the T&C's does not allow it

Lee

 

[sneezycheese]

Lee - I think you may be onto something.

Having had a quick look, the T&C's show the following:

16 We may cancel or put the domain name into a special status by notifying you if:

16.4 you have broken any of the conditions (including the rules, DRS policy and DRS procedure) and (in the case of a matter which it is possible to put right and which is not covered by condition 6.3, 16.1 to 16.3 or 17) you do not put it right within 30 days of us notifying you.

...So on this point - it sounds as if a Registrant should be given 30 days notice to correct ANY breach of the T&C's!

and...

17 We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a special status or prevent its renewal:

17.5 to carry out the decision an expert has made under our dispute resolution service;

...So they DON'T have to transfer a domain IF an 'Expert' rules so!!! :shock:

So what's going on at Nominet then??? ...Telling us porky pies 'again'???

 

[grandin]

Nominet

The T&C's do not allow Nominet to pass the buck to the expert in respect to a remedy 'transfer' to the complainant...therefore the question is this....

Has the respondent broken any other terms or conditions which would deem the contract void...the only other condition that would apply is '7.4 by registering or using the domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else;'

Therefore Nominet MUST have evidence that the registrant has infringed on the rigths of someelse....the only place they get this evidence is through the DRS BUT the experts in the DRS are preaching....I quote from DRS03890 (among many) the placeforhomes.co.uk...the expert states...'The DRS does not decide issues of trade mark infringement or passing off per se, which are matters for the courts'

So, on what basis are Nominet transferring domain names to the complainants? What part of the contract has the regsitrant broken? What evidence is there as Nominet cannot rely on the expert in respect to trade mark infringement.

Other points:- Trading Standards have been made aware of the contract. They have also been made aware that the contract is sold to consumers. Trading Standards must follow the EC directive or could be subject to court action by any tom, dick or harry (consumer).

Lee

PS...what was most amusing about this drs case DRS03890 was that the expert made a point about not considering trade mark infringement but then wrote 9.1.8....as if the layman wanted to know that!

 

[sneezycheese]

...Lee - I'll call you tomorrow.

Time for action is upon us! :twisted:

 

[grandin]

Contradiction

The T&C's contradicts the DRS Policy. DRS Policy states:-

11. Implementation of Expert Decisions

a. If the Expert makes a Decision that a Domain Name registration should be cancelled, suspended, transferred or otherwise amended, we will implement that Decision by making any necessary changes to the Register according to the process set out in paragraph 17 of the Procedure. We will use the details set out in the Complaint form unless you specify other details to us in good time.

It also contradicts itself further by linking back to the T&C's by the following clause in the DRS Policy:-

12. Other action by us

a. We will not cancel, transfer, activate, deactivate or otherwise change any Domain Name registration except as set out in paragraph 11 above and as provided under paragraphs 6.3 or 16 to 19 of the Terms and Conditions.

Lee