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register.com claims effective ownership of names registered through it.
- To: firstname.lastname@example.org
- Subject: register.com claims effective ownership of names registered through it.
- From: John Nagle <email@example.com>
- Date: Wed, 30 Jun 1999 16:37:37 -0700
The new "register.com" domain registration contract has some
> 7. Revocation. The registrant agrees that Register.com shall have
> the right in its sole discretion to revoke, suspend, transfer or
> otherwise modify a domain name registration upon thirty (30)
> calendar days prior written notice, or at such time as
> Register.com receives a properly authenticated order from a court
> of competent jurisdiction, or arbitration award, requiring the
> revocation, suspension, transfer or
> modification of the domain name registration.
This effectively gives REGISTER.COM the right to take any domain
away from the current holder and resell it to someone else at
their sole discretion. Note the "sole descretion" clause.
Register.com claims the right to revoke or transfer domains at will,
independent of any dispute resolution procedures.
Compare Network Solutions's revocation clause:
> L. Revocation. Registrant agrees that NSI may delete a Registrant's
> domain name if this Registration Agreement, or subsequent
> modification(s) thereto, contains false or misleading information,
> or conceals or omits any information NSI would likely consider
> material to its decision to approve this Registration Agreement.
This is reasonable, although one-sided.
What's ICANN's position on this? Is a registrar permitted to impose
terms which effectively give them ownership-type control of all domains
they register? This is equivalent to using one of those ISPs that
registers domains in the ISP's name.
In any case, registering domains via REGISTER.COM should clearly
be avoided if the domain name has any significant value. Anyone
planning to use REGISTER.COM for domain name registration should
have their attorneys look carefully at this provision before