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

[Richard Lau]

I did find this:

http://www.icann.org/transfers/dnholder-faq-03nov04.htm
"My domain name has just expired. Can my registrar require me to pay for
a renewal before I can transfer to a new registrar? 

No. Your new registrar of choice can initiate a transfer request on an
expired domain name once they receive the required authorization from
you. Expiration or nonrenewal of a domain name is not a valid reason for
denial of a transfer request. 

Note that if the registrar has already begun the deletion process on the
domain name and its status shows it to be within a 30-day Redemption
Grace Period, the name must be .restored. by your current registrar
before it can be transferred."




On Wed, 17 Jan 2007 18:05:42 -0500, "Ross Rader" <ross at tucows.com> said:
> 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
> >>>
>