[registrars] Q: are registrars allowed to deny transfers-out

[Ross Rader]

As Bruce points out, its a legal question.

One can interpret the rules in the way Richard does - one may also 
interpret them the other way. We interpret it such that the registrant's 
contract ends at expiry, so therefore any payment made after expire must 
necessarily be for services rendered in a past or future registration 
period - that the post-expiration, pre-renewal portion of the lifecycle 
is a bit of a void. YMMV.

-r

Richard Lau wrote:
> Dan,
> 
> If a domain has passed it's expiration, and is then sitting in the
> auto-renewal period, the non-payment is for the current registration
> period, not for a pending or future registratin period.
> 
> Had a nasty discussion with a non-US Registrar and the end user ended up
> having to pay an large renewal fee ($35) to get the domains
> renewed/unlocked. Then transferred the domains out. Since the
> transfer-out occured within the 45 day renewal period, the Registry
> refunded the auto-renewal to the Losing Registrar, who refused to credit
> the end user back. So the end user paid for a renewal that they didn't
> get.
> 
> There's an actual post on the ICANN site that talks about this related
> issue of customers who pay for a Transfer after having paid for a
> renewal during the auto-renewal period only getting 1 year after having
> paid for 2.
> 
> Richard
> 
> 
> 
> 
> On Wed, 17 Jan 2007 16:59:01 -0500 (EST), "Dan Wright"
> <wright at smx.pair.com> said:
>> http://www.icann.org/transfers/policy-12jul04.htm
>>
>> [Quote Section A.3]
>> Instances when the requested change of Registrar may not be denied
>> include, but
>> are not limited to:
>>
>>     * Nonpayment for a pending or future registration period
>>
>>     [...]
>>
>>     * Domain name registration period time constraints, other than during
>>     the
>> first 60 days of initial registration or during the first 60 days after a
>> registrar transfer.
>> [/Quote]
>>
>> Seems to me that expired domains apply to one or both of those bullet
>> points and
>> should not be blocked.
>>
>>
>> Daniel J. Wright                           wright at pair.com
>> Lead Software Developer, pairNIC   https://www.pairnic.com
>> pair Networks, Inc.                    http://www.pair.com
>>
>> On Tue, 16 Jan 2007, Mark Jeftovic wrote:
>>
>>> ...if the domain is in an expired state?
>>>
>>> I know we allow it, many others do, but under the new transfer policy
>>> can a registrar use this as a valid reason to block a transfer out or
>>> revoke access to the registrar-lock status?
>>>
>>> -mark
>>>
>>> --
>>> Mark Jeftovic <markjr at easydns.com>
>>> Founder & President, easyDNS Technologies Inc.
>>> ph. +1-(416)-535-8672 ext 225
>>> fx. +1-(866) 273-2892
>>>