Domain Reseller

ICANN / VeriSign Redemption Period Farce!

2004-08-30T03:37:00.000-07:00

When I first heard about the plans for a redemption period for
expired domain names, I thought it was a terrific idea. In the past,
too many domains have been deleted when for one reason or another,
the owners wanted to continue using them.

If you haven't yet heard about the redemption period (also known as
"grace period"), it is an extra period of up to 30 days that occurs
only when a domain registrar deletes a domain name (which normally
happens sometime in the first 45 days after a name expires without
being renewed). Instead of actually being deleted and re-available
for registration within a few days, what happens is the central
VeriSign registry holds the name in a new REDEMPTIONPERIOD status.
During this 30-day period, the original domain owner has a chance to
renew the domain name.

This extra 30-day period is of particular importance, not just
because it extends the time available to renew expired domains, but
because all names that enter the redemption period are removed from
the zone files (the list of domains currently in the global DNS).
With the previous system, some registrars removed names from the zone
files , whilst others allowed names to continue working normally
right up until the day they were deleted. So the actual deletion came
as a real shock to many domain name owners, and it was too late to do
anything about it.

With the new system, the web site and e-mail services will definitely
stop working for at least 30 days before the name is finally deleted,
so the owner can have no excuse now for not getting the name renewed.

That's the theory out of the way - it all sounds like a great way to
help clean up the domain name industry. So what is the "farce" I
refer to in the title? Unfortunately when VeriSign and ICANN get
together, they have the habit of reducing good opportunities to
improve the industry into farces. And the redemption period fiasco is
one of the most extreme examples to date.

Farcical Situation #1

A customer of Network Solutions (the registrar) whose name has
entered the redemption period just contacted me. This name is vital
to his business. In fact, he believes he will lose his job if he
cannot get the name back. So it should be a straightforward matter to
pay the renewal fee and recover the name, right? That is the whole
point of the new system after all. But no, every time he has
contacted Network Solutions (and he has spent several hours on the
phone with them) he has been told the same story - i.e. the name is
no longer recoverable and will definitely be deleted. The mind is
starting to boggle ....

Farcical Situation #2

I have also been contacted by one of my own customers whose name has
entered the redemption period. When I made enquiries with the ICANN
registrar where the name is held about getting the name back, I was
quoted a price of $200 ($85 going to VeriSign registry, the balance
going to the registrar). That was the price they were going to charge
me. Presumably I was supposed to add my own percentage on top, and
charge the customer $250 or above. The mind is really boggling now
...

Shame on the "REDEMPTION PERIOD"

So there you have it - customer #1 is told the redemption period is
not for recovering names after all and for customer #2, the name is
recoverable but is going to cost him at least $200.

So a chance to clean up the industry has been miraculously replaced
with a situation where the industry looks seedier than ever. In fact,
it will look to many customers like the new system is just an
artifice designed to screw them out of more hard-earned bucks.

Designing and implementing a fair redemption period should have been
a walk in the park. But for whatever reason, it hasn't happened. One
has to seriously wonder about the structure and integrity of an
industry where such a farce is allowed to play itself out.

By Lee Hodgson.

UDRP Does Not Apply To Bad Faith Domain Name Renewals - Part I

2004-08-20T07:26:00.000-07:00

Mar 12, 2003 | From CircleID Legal Issues

By Philippe Rodhain

The purpose of the Uniform Dispute Resolution Policy, known as the
UDRP (hereafter the "Policy"), is to determine disputes relating to
the registration or acquisition of domain names in bad faith. To
succeed in a UDRP action (i.e. to obtain cancellation or transfer of
the disputed domain name) it is necessary for the party bringing the
complaint (the complainant) to show that (i) the disputed domain name
is identical with or confusingly similar to a trademark or service
mark in which the complainant has rights; (ii) the domain name holder
(known as the respondent) has no right or legitimate interest in
respect of the domain name; and (iii) the domain name was registered
and is being used in bad faith. Each of the aforesaid three elements
must be proved by the complainant to warrant relief.

A serious problem may arise for the complainant if the disputed
domain name had been registered in good faith, but was renewed and
was being used in bad faith. The cause of this problem lies in the
fact that the Policy speaks only in terms of "registration" and "use"
and not in terms of "maintaining" or "renewing" the domain name
registration. Furthermore, panels have always strictly maintained the
conjunctive requirements for the complainant to prove that the domain
name in issue had been registered and was being used in bad faith:

"It is clear from the legislative history that ICANN intended
that the complainant must establish not only bad faith registration,
but also bad faith use." (WIPO administrative panel decision of 14
January 2000, Case No. 99-0001, World Wrestling Federation
Entertainment, Inc. v. Michael Bosman).

Accordingly, how can the complainant satisfy the bad faith
requirement in such a context? Can the renewal of a domain name
registration made in bad faith convert a name originally registered
in good faith to a name registered in bad faith for the purpose of
the Policy?

A clue to the answer can be found in the Report of the World
Intellectual Property Organization (WIPO) Internet Domain Name
Process, which stresses that the Report was not intended to extend
the definition of abusive registration to include domain names
originally registered in good faith. Indeed, paragraph 197 of the
Report reads as follows:

"The WIPO Interim Report recommended that a time bar to the
bringing of claims in respect of domain names (for example, a bar on
claims where the domain name registration has been unchallenged for a
designated period of years) should not be introduced. It was
considered that such a measure would not take into account that the
underlying use of a domain name may evolve over time (with the
consequence that the use of a domain name may become infringing
through, for example, the offering for sale of goods of a different
sort to those previously offered on the website); that any related
intellectual property rights held by the domain name holder may
lapse; and that a time bar would in any event be undesirable in cases
of bad faith".

Read in conjunction with paragraph 198 of this report, it is clear
that the reference in paragraph 197 to "infringing" was intended to
apply to the wider category of trademark infringement, not to the
narrow category of abusive registration. The question whether domain
names registered in good faith can become infringing is outside the
scope of this inquiry.

The Policy, which was based on the above report, sets out examples of
behaviour that constitutes bad faith holding of a domain name:

* the disputed domain name was registered or was acquired
primarily for the purpose of selling, renting, or otherwise
transferring the domain name registration to the complainant or to a
competitor of that complainant, for valuable consideration in excess
of documented out-of-pocket costs directly related to the domain
name; or

* the disputed domain name was registered in order to prevent the
owner of the trademark or service mark from reflecting the mark in a
corresponding domain name, provided that the domain name holder has
engaged in a pattern of such conduct; or

* the disputed domain name was registered primarily for the
purpose of disrupting the business of a competitor; or

* by using the disputed domain name, the domain name holder has
intentionally attempted to attract, for commercial gain, Internet
users to the web site or other on-line location, by creating a
likelihood of confusion with the complainant's mark as to the source,
sponsorship, affiliation, or endorsement of its web site or location
or of a product or service on its web site or location.

All of these examples relate to the registration and/or use of a
domain name only. The Policy could have been drafted to address both
bad faith registration and renewal. It does not do so, referring only
to a registration having been obtained in bad faith.

Consequently, panels, who are bound to apply the Policy strictly,
have always refused to take into consideration the renewal of the
domain name registration in the process of making their decisions.

The second part of this article will discuss UDRP cases involving the
renewal of domain name registrations.

Introduction to the Reseller Model

2004-08-19T08:34:00.000-07:00

The options most usually made available to resellers include "volume discount" reselling, discount per domain, affiliate and private label reselling. Learn more about each.
An excellent higher-tier Web host truly values its relationships with resellers. Through such relationships, a Web hosting firm enhances the market reach of its product and services offerings through the reseller's specific market segments. A higher-tier Web host will thus offer a myriad of specifically tailored services to enhance the reseller's service offering. By providing a wide range of options, a reseller's business can scale along with its customer base. The options, or resale models most usually made available to resellers include "volume discount" reselling, discount per domain, affiliate and private label reselling.
The volume discount approach provides increased revenue per domain as the reseller increases the number of accounts within their hosting portfolio. This model is extremely cost-effective for larger resellers, since the cost per account declines as the volume of accounts increases. The major disadvantages of this model however are that resellers are usually directly identified as resellers, since the infrastructure and brand identity throughout the entire Web hosting service is usually identified with the higher-tier hosting provider. The model also is not very advantageous to newer and smaller reseller operations which have just started-up, since reselling under this model is much more expensive if the reseller's customer base is small.
The more advantageous reselling model for the start-up reseller operation is therefore the discount per domain model. Under this approach, higher-tier Web hosting firms offer discounts to the reseller per account purchase. Most start-up resellers first elect to purchase this type of service because i) it is the hosting option with the least expensive cost of entry and ii) the option provides substantial savings as the reseller's customer base grows. The most advantageous discounts offered usually range from 15 to 30 per cent of the original account's price. With the reseller able to set the retail price for its consumers, profitability can accrue very quickly via this resale model.
The other popular resale option is affiliate reselling. Under this model, resellers are offered a simple, uncomplicated payment structure that pays commissions on all referrals for Web hosting services and hosting accounts that recur monthly. This option is extremely popular with smaller Web designers, developers and system integrators, since it allows them to collect an up front fee for placing their client's hosting services at a particular higher-tier Web hosting firm. By utilizing this option, system integrators need not spend thousands of dollars to offer their clients hosting infrastructure that is constructed in-house. In wide contrast, integrators can collect a fee while relocating the rather involved responsibility of hosting onto a firm that makes hosting its core competency.
While this resale approach will satisfy most small system integrators, it would not likely satisfy a value-added reseller (VAR). A VAR is a vertical, market-centric, solution provider who integrates specific products into its own offering as part of a complete customer solution. Because VARs are focused upon providing transparent and integrated products and services, they usually select private label hosting solutions. Private label hosting allows resellers to utilize the services of an outsourced, higher-tier service provider while reaping the benefits of a fully customized look and feel. Private label solutions are considered the most complex since most offer a high level of customization and automation. For this reason, private label solutions have the most expensive cost of entry, and are used by the largest of resellers, who posses hundreds and even thousands of accounts.

Domain registries from around the world

2004-08-19T01:08:00.000-07:00

By Clare Lawrence

Do you sometimes come across exotic looking TLD's?
Ever wondered which domain name is from where?
I created the following table out of interest.
Watch out for the new .eu TLD.
[ The European Union is working on the its own TLD. ]

Commercial TLD'
.aero Aviation
.biz Business Organizations
.com Commercial
.coop Co-Operative Organisations
.edu Educational
.gov Government
.info info TLD
.int International Organisations
.mil US Dept of Defense
.museum Museums
.name Personal
.net Networks
.org Organisations

Country codes:-
.ac Ascension Island
.ad Andorra
.ae United Arab Emirates
.af Afghanistan
.ag Antigua and Barbuda
.ai Anguilla
.al Albania
.am Armenia
.an Netherlands Antilles
.ao Angola
.aq Antarctica
.ar Argentina
.as American Samoa
.at Austria
.au Australia
.aw Aruba
.az Azerbaijan
.ba Bosnia and Herzegovina
.bb Barbados
.bd Bangladesh
.be Belgium
.bf Burkina Faso
.bg Bulgaria
.bh Bahrain
.bi Burundi
.bj Benin
.bm Bermuda
.bn Brunei Darussalam
.bo Bolivia
.br Brazil
.bs Bahamas
.bt Bhutan
.bv Bouvet Island
.bw Botswana
.by Belarus
.bz Belize
.ca Canada
.cc Cocos (Keeling) Islands
.cd Congo, Democratic republic of the (former Zaire)
.cf Central African Republic
.cg Congo, Republic of
.ch Switzerland
.ci C?d'Ivoire
.ck Cook Islands
.cl Chile
.cm Cameroon
.cn China
.co Colombia
.cr Costa Rica
.cs Czechoslovakia
.cu Cuba
.cv Cape Verde
.cx Christmas Island
.cy Cyprus
.cz Czech Republic
.de Germany
.dj Djibouti
.dk Denmark
.dm Dominica
.do Dominican Republic
.dz Algeria
.ec Ecuador
.ee Estonia
.eg Egypt
.eh Western Sahara
.er Eritrea
.es Spain
.et Ethiopia
.fi Finland
.fj Fiji
.fk Falkland Islands
.fm Micronesia
.fo Faroe Islands
.fr France
.ga Gabon
.gd Grenada
.ge Georgia
.gf French Guiana
.gg Guernsey
.gh Ghana
.gi Gibraltar
.gl Greenland
.gm Gambia
.gn Guinea
.gp Guadeloupe
.gq Equatorial Guinea
.gr Greece
.gs South Georgia and the South Sandwich Islands
.gt Guatemala
.gu Guam
.gw Guinea-Bissau
.gy Guyana
.hk Hong Kong
.hm Heard and McDonald Islands
.hn Honduras
.hr Croatia
.ht Haiti
.hu Hungary
.id Indonesia
.ie Ireland
.il Israel
.im Isle of Man
.in India
.io British Indian Ocean Territory
.iq Iraq
.ir Iran
.is Iceland
.it Italy
.je Jersey
.jm Jamaica
.jo Jordan
.jp Japan
.ke Kenya
.kg Kyrgyzstan
.kh Cambodia .ki Kiribati
.km Comoros
.kn Saint Kitts and Nevis
.kp Korea, Democratic People's Republic of
.kr Korea, Republic of
.kw Kuwait
.ky Cayman Islands
.kz Kazakhstan
.la Lao People's Democratic Republic
.lb Lebanon
.lc Saint Lucia
.li Liechtenstein
.lk Sri Lanka
.lr Liberia
.ls Lesotho
.lt Lithuania
.lu Luxembourg
.lv Latvia
.ly Libyan Arab Jamahiriya
.ma Morocco
.mc Monaco
.md Moldova
.mg Madagascar
.mh Marshall Islands
.mk Macedonia
.ml Mali
.mm Myanmar
.mn Mongolia
.mo Macau
.mp Northern Mariana Islands
.mq Martinique
.mr Mauritania
.ms Montserrat
.mt Malta
.mu Mauritius
.mv Maldives
.mw Malawi
.mx Mexico
.my Malaysia
.mz Mozambique
.na Namibia
.nc New Caledonia
.ne Niger
.nf Norfolk Island
.ng Nigeria
.ni Nicaragua
.nl The Netherlands
.no Norway
.np Nepal
.nr Nauru
.nu Niue
.nz New Zealand
.om Oman
.pa Panama
.pe Peru
.pf French Polynesia
.pg Papua New Guinea
.ph Philippines
.pk Pakistan
.pl Poland
.pm St. Pierre and Miquelon
.pn Pitcairn
.pr Puerto Rico
.ps Palestine
.pt Portugal
.pw Palau
.py Paraguay
.qa Qatar
.re Reunion
.ro Romania
.ru Russia
.rw Rwanda
.sa Saudi Arabia
.sb Solomon Islands
.sc Seychelles
.sd Sudan
.se Sweden
.sg Singapore
.sh St. Helena
.si Slovenia
.sj Svalbard and Jan Mayen Islands
.sk Slovakia
.sl Sierra Leone
.sm San Marino
.sn Senegal
.so Somalia
.sr Surinam
.st Sao Tome and Principe
.su Sovier Union
.sv El Salvador
.sy Syrian Arab Republic
.sz Swaziland
.tc The Turks & Caicos Islands
.td Chad
.tf French Southern Territories
.tg Togo
.th Thailand
.tj Tajikistan
.tk Tokelau
.tm Turkmenistan
.tn Tunisia
.to Tonga
.tp East Timor
.tr Turkey
.tt Trinidad and Tobago
.tv Tuvalu
.tw Taiwan
.tz Tanzania
.ua Ukraine
.ug Uganda
.uk United Kingdom
.um United States Minor Outlying Islands
.us United States
.uy Uruguay
.uz Uzbekistan
.va Holy See (Vatican City State)
.vc Saint Vincent and the Grenadines
.ve Venezuela
.vg Virgin Islands British
.vi Virgin Islands U.S
.vn Vietnam
.vu Vanuatu
.wf Wallis and Futuna Islands
.ws Samoa
.ye Yemen
.yt Mayotte
.yu Yugoslavia
.za South Africa
.zm Zambia
.zr Zaire (non-existent, see Congo)
.zw Zimbabwe

What is the process for transferring domain names to Network Solutions?

2004-08-18T14:23:00.000-07:00

The transfer process requires Network Solutions to obtain authorization from the Administrative Contact listed in WHOIS for that domain name. Once we receive approval from the Administrative Contact, a request will be sent to the current domain name service provider (registrar) to complete the transfer. Often, the current registrar will send a second request for authorization. The transfer request will not be successful unless both of these authorization e-mails are confirmed.

What does the status "redemption period" mean? What is "pending delete"?

2004-08-18T08:16:00.000-07:00

What does the status "redemption period" mean? What is "pending
delete"?
"Redemption Period" is a 30-day timeframe after a registrar has
deleted an expired domain such as .com, .net and .biz domains.

"Pending Delete" as it applies to .com and .net domains refers to the
5-day timeframe after Redemption during which time VeriSign holds the
domain and it cannot be recovered.

"Pending Delete" as it applies to .org domains is the 30-day
timeframe after the registrar (PIR) has deleted an expired .org
domain.

To check a status of a domain go to the registry website:
www.verisign-grs.com (VeriSign Global Registry) for .com and .net

www.pir.org (Public Interest Registry) for .org domains

www.neulevel.biz for the .biz domains

Enter the domain in the WHOIS box...it will tell you the status of
the domain (i.e., Redemption Period). This will list the expiration
date as well. The "updated date" is usually when the the 30
redemption or pending delete period began.

In General

After a domain expires, most registrars have a grace period of 1 - 45
days, during which time you can reactivate your domain.
After the grace period, the domain is deleted from the registrar
database and will not appear in your account. It is not available to
register just yet.
Once deleted, the domain is held for 30 days by the Registry. Once
the domain is dropped it becomes available for anyone to purchase
just like a new name.
eNom Grace Period Procedures

When a domain is registered and expires through eNom, it will remain
available for reactivation at your regular domain rate.
Currently, eNom offers a non-guaranteed 30 to 40 day grace period for
renewal. There is no guaranteed grace period, and once expired, the
domain can be deleted from eNom's database at any time.
Once deleted, the domain will no longer be in your account and will
not be on your expired domains list.
You might consider adding multiple years to your domain to avoid
unintentional expiration.
eNom Redemption Period Process

Once deleted from our database, it falls into the 30-day holding
status called Redemption Period at VeriSign and NeuLevel, and Pending
Delete at PIR.org.
Should you want to retrieve the domain during Redemption, there is a
$200 fee to you plus the cost of the renewal for all TLDs.
Only the previous registrant has the right to request the domain
back. All others must wait until the registry drops the domain.
If you wish to submit a request to retrieve a domain during
Redemption

If you do not have an eNom account, create one at www.enom.com
(there is no charge to just open an account.)
Log into your account, click on menu option HELP and click on Support
Center, Request Help.
Select Category "Renew Domains"
Your "subject" should be: Redemption Recovery of Domain.
In the text, authorize the $200 charge plus the renewal fee. Include
your login name and domain name. It may take up to 5 days to retrieve
a domain and have it become active.
To find your price for a particular domain type, when logged into
your account click on home, pricing information and your TLD rates
will be listed.