[Comment-Dnso] Boycot Register.com to:Re: Register.com as Testbed & T&C's (Long)

[Jeff Williams <jwkckid1@ix.netcom.com>]

All,

  I changed the subject line here for many reasons.

1.) The selection of Register.com was not conducted in accordance
     with the requirements of the White Paper by the ICANN Interim Board.
     Hence making them questionable at best.

2.) Their required payment method is by credit Card.  This is not very
      indicative of good competition and is putting their potential customers
      in a potentially hazardous position with this organization having
      that potential credit card number which can and has led to credit
      card fraud use.

3.) Also in relation to using a credit card, a potential customer is succeeding
      without choice, a great deal of privacy an is offered no other choice of
      payment method.

4.) Prepayment before registration - This is automatically making the assumption
      that any potential customer is not to be trusted.  This is both insulting
and
      not indicative to our existing economic practice in business today.

5.) The registration agreement is very restrictive in it's requirements as it
     must be under the ICANN contract.  As such, it puts anyone that registers
     a domain name with Register.com at the WHIP or immediate removal
     without judicial recourse of review.

  Hence for these basic reasons amongst others that I did not mention,
we [INEGroup] recommends boycotting Register.com for the purposes
of registering a domain name.  Further we find that NSI is still a far
better alternative as a result of these reasons (See above).


James Santagata wrote:

> At 12:40 PM 6/7/99 -0400, Martin B. Schwimmer wrote:
> >First Internet Registration Competitor Goes Online
> >
> >http://dailynews.yahoo.com/headlines/wr/story.html?s=v/nm/19990607/wr/inter
> net_networksolutions_1.html
>
> I have used Register.com quite extensively in the past and never
> had a problem. I actually used this new system on Sunday to register
> a DN and it worked fine. Previously, you reserved your DN through
> Register.com, which forwarded the DN to NSI for processing and the
> invoicing came later through NSI ($70 prepay for 2 years).
>
> With the new Register.com system, you pay up front with a credit
> card and they forward the DN to NSI. In either case, you still rely on
> NSI to write to the registry -- and I bet NSI will process it's own
> requests before the "competitions'". The cost is still $70 prepay
> for 2 years.
>
> In case you are interested, here are the T&C's that accompany
> Register.com's new system:
>
> Registrant agrees to the terms and conditions of the current Registration
> Agreement.
>
>  Registration Agreement
>
> Register.com (a d/b/a of Forman Interactive Corp.) and Forman Interactive
> Corp., collectively referred to as "Forman" or "register.com" is a domain
> name registrar and forwards registration requests to other registrars or
> registry administrators.  Register.com submits these registration requests
> on a "first come, first served" basis.  By forwarding a registration
> request, register.com does not determine the legality of the domain name
> registration, or otherwise evaluate whether that registration or use may
> infringe upon the rights of a third party.
>
> The entity applying for a domain name ("registrant") is solely responsible
> for selecting its own domain name ("domain name") and maintaining the
> continued accuracy of the registration record.  The registrant, by
> completing and submitting register.com's registration agreement or the
> registration agreement of another registrar or registry administrator
> (hereinafter collectively referred to as "Registration Agreement"),
> represents that the statements in its application are true and that the
> registration of the selected domain name, to the best of the registrant's
> knowledge, does not interfere with or infringe upon the rights of any
> third party.  The registrant also represents that the domain name is not
> being registered for any unlawful purpose.  Register.com neither acts as
> arbiter nor provides resolution of disputes between registrants and third
> party complainants arising out of the registration or use of a domain name.
>  This policy does not confer any rights, procedural or substantive, upon
> third party complainants.  By using the service, Registrant hereby
> indemnifies and defends register.com from any litigation resulting from the
> registering of a domain name that infringes the rights of another party.
> The registrant acknowledges and agrees that register.com may modify or
> amend this Agreement from time to time, and that such changes are binding
> upon the registrant.  Register.com will post the revised Agreement at their
> web site prior to it becoming effective.
>
> Agreement
> In this Service Agreement ("Agreement") "you" and "your" refer to each
> customer and "we", us" and "our" refer to register.com ("REGISTER.COM").
> This Agreement explains our obligations to you, and explains your
> obligations to us for register.com services.  By selecting register.com
> service(s) you have agreed to establish an account with us for such
> services.  When you use your account or permit someone else to use it to
> purchase or otherwise acquire access to additional register.com service(s)
> or to cancel your register.com service(s) (even if we were not notified of
> such authorization), this Agreement covers such service or actions.  By
> using the service(s) provided by register.com under this Agreement, you
> acknowledge that you have read and agree to be bound by all terms and
> conditions of this Agreement and any pertinent rules or policies that are
> or may be published by register.com.
>
> Fees, Payment and Term
> As consideration for the services you have selected, you agree to pay
> register.com the applicable service(s) fees.  All fees payable hereunder
> are non-refundable.  As further consideration for register.com service(s),
> you agree to: (1) provide certain current, complete and accurate
> information about you as required by the registration process and (2)
> maintain and update this information as needed to keep it current, complete
> and accurate.
>
> Specific Acceptable Use Policies
> Unauthorized use of other people's accounts or computers register.com may
> take preventive measures, including changing the access password, in the
> event there is any use or attempted use of an Internet account or computer
> without the owner's authorization.  Such attempts include "social
> engineering" (tricking other people into releasing their passwords),
> password cracking or security hole scanning.  Any unauthorized use of
> accounts or computers by a register.com customer, whether or not the
> attacked account or computer belongs to register.com, will result in action
> against the attacker.  Possible actions include warnings, account
> suspension or cancellation, and civil or criminal legal action.
>
> Unsolicited commercial advertisements are not allowed in e-mail, and will
> likely result in account suspension or cancellation.  Register.com may
> suspend a domain name in the event that the Registrant uses the domain name
> to send unsolicited commercial advertisements in contradiction to either
> applicable laws or customary acceptable usage policies of the Internet.
>
> Domain Name Dispute Policy
> If you reserved or registered a domain name through us you agree to be
> bound by the current Domain Name Dispute Policy ("Dispute Policy")
> established by each individual registry which is incorporated
> herein and made a part of this Agreement by  reference.
>
> Domain Name Disputes
> You agree that, if the registration or reservation of your domain name is
> challenged by a third party, you will be subject to the provisions
> specified in the Dispute Policy in effect at the time of the dispute.  You
> agree that in the event a domain name dispute arises with any third party,
> you will indemnify and hold us
> harmless pursuant to the terms and conditions contained in the Dispute Policy.
>
> Agents
> You agree that, if an agent for you (i.e., an Internet Service Provider,
> employee, etc.) purchased our service(s) on your behalf, you are
> nonetheless bound as a principal by all terms and conditions herein,
> including the Dispute Policy.
>
> Limitation of Liability
> You agree that our entire liability, and your exclusive remedy, with
> respect to any register.com services(s) provided under this Agreement and
> any breach of this Agreement is solely limited to the amount you paid for
> such service(s).  Register.com and its contractors shall not be liable for
> any direct, indirect, incidental, special or consequential damages
> resulting from the use or inability to use any of the register.com services
> or for the cost of procurement of substitute services.  Because some states
> do not allow the exclusion or limitation of liability for consequential or
> incidental damages, in such states, our liability is limited to
> the extent permitted by law.  We disclaim any and all loss or liability
> resulting from, but not limited to: (1) loss or liability resulting from
> access delays or access interruptions; (2) loss or liability resulting from
> data non-delivery or data mis-delivery; (3) loss or liability resulting
> from acts of God; (4) loss or liability  resulting from the unauthorized
> use or misuse of your Account Number or Password; (5) loss or liability
> resulting from errors, omissions, or misstatements in any and all
> information or services(s) provided under this Agreement; (6) loss or
> liability relating to the deletion of or failure to store e-mail messages;
> and (7) loss or liability resulting from the development or interruption of
> your Web site.
>
> Indemnity
> The registrant hereby agrees to defend, indemnify and hold harmless Forman
> Interactive Corp., its officers, directors, employees and agents, for any
> loss or damages awarded by a court of competent jurisdiction resulting from
> any claim, action, or demand arising out of or related to the registration
> or use of the domain
> name.  Such claims shall include, without limitation, those based upon
> trademark or service mark infringement, tradename infringement, dilution,
> tortious interference with contract or prospective business advantage,
> unfair competition, defamation or injury to business reputation.  Each
> Indemnified Party shall send written notice to the registrant of any such
> claim, action, or demand against that party within a
> reasonable time.  The failure of any Indemnified Party to give the
> appropriate notice shall not affect the rights of the other Indemnified
> Party.
>
> 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.
>
> Notices
> All notices between register.com and its registrants permitted or required
> under this Policy shall be in writing and shall be delivered by personal
> delivery, courier delivery, facsimile transmission, and/or by first class
> mail, and shall be deemed given upon delivery, transmission, or seven (7)
> calendar days after deposit in the mail, whichever occurs first.  Initial
> notices shall be sent to the domain name registrant at the address of the
> domain name registrant listed in register.com's database.
>
> Non-Agency
> Nothing contained in this Policy shall be construed as creating any agency,
> partnership, or other form of joint enterprise between the parties.
>
> Non-Waiver
> The failure of register.com to require performance by the registrant of any
> provision hereof shall not affect the full right to require such
> performance at any time thereafter; nor shall the waiver by register.com of
> a breach of any provision hereof be taken or held to be a waiver of the
> provision itself.
>
> Breach
> The registrant's failure to abide by any provision under this Policy may be
> considered by register.com to be a material breach and register.com may
> provide a written notice, describing the breach, to the registrant.  If,
> within five (5) calendar days of the date of such notice, the registrant
> fails to provide evidence, which is reasonably satisfactory to
> register.com, that it has not breached its obligations, then register.com
> may revoke registrant's registration of the domain name.  Any such breach
> by a registrant shall not be deemed to have been excused simply because
> register.com did not act earlier in response to that, or any other, breach
> by the registrant.
>
> Invalidity
> In the event that any provision of this Policy shall be unenforceable or
> invalid under any applicable law or be so held by applicable court
> decision, such unenforceability or invalidity shall not render this Policy
> unenforceable or invalid as a whole.  Register.com will amend or replace
> such provision with one that is valid and enforceable and which achieves,
> to the extent possible, the original objectives and intent of register.com
> as reflected in the original provision.
>
> Entirety
> This Policy, as amended, and the current Registration Agreement together
> constitute the complete and exclusive agreement between register.com and
> the registrant, and supersede and govern all prior proposals, agreements,
> or other communications.  The registrant agrees that registration of a
> domain name constitutes an agreement to be bound by this Policy, as amended
> from time to time.
>
> Governing Law
> This Agreement is personal to you and you may not assign your rights or
> obligations to anyone.  If any provision in this Agreement is invalid or
> unenforceable under applicable law, the remaining provisions will continue
> in full force and effect.   This Agreement, your rights and obligations and
> all actions contemplated by this Agreement shall be governed by the laws of
> the United States of America and the State of New York, as if the Agreement
> was a contract wholly entered into the wholly performed with [New York].
> Any action to enforce this Agreement or any matter relating to your use of
> the register.com Site shall be brought exclusively in the federal or state
> courts located in [New York, New York] and you irrevocably agree to submit
> to the jurisdiction of such courts.  This Agreement constitutes the entire
> agreement between parties and may not be amended or modified by you except
> by means of a written document signed by authorized signatories of both
> parties.
>
> DISCLAIMER
> THE REGISTRANT AGREES THAT REGISTER.COM WILL NOT BE LIABLE FOR ANY
> LOSS OF REGISTRATION AND USE OF REGISTRANT'S DOMAIN NAME, OR FOR
> INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
> CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
> OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
> OTHERWISE, EVEN IF REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
> DAMAGES.  IN NO EVENT SHALL REGISTER.COM 'S MAXIMUM LIABILITY EXCEED EITHER
> (A) ONE HUNDRED (100.00) DOLLARS OR (B) THE TOTAL AMOUNT REGISTRANT HAS
> PAID TO REGISTER.COM OVER THE PRIOR TWELVE (12) MONTH PERIOD, WHICHEVER IS
> LESS.

Regards,

--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208