[comments-deletes] RE: Nonanswers

["Tim Ruiz" <tim@godaddy.com>]

Marcia, I'm not going to get into a hair splitting contest with you. People
change their minds. The policies that are in place are designed to allow for
that, for errors etc. Someone losing their domain name to another registrant
is much more serious, and difficult if not impossible to reverse, than
dealing with the extra time it takes for the name to drop again. The RGP
policies were formulated in response to growing concerns from many
registrants and registrars about unintentional deletions. I guess this is
one of those darned if you do, darned if you don't situations.

As I said, your comments will be taken into consideration as we continue to
work on these issues. But I personally disagree that registrars OR
registries have some hidden motive for these policies or are profiting
unfairly.

Go Daddy has always done exactly what it's agreement states. That agreement
has changed over time and our current process reflects that. If you register
a domain name with Go Daddy you have the choice to auto-renew or not and can
change that choice through your account management interface at any time.

Tim

-----Original Message-----
From: Marcia Wells [mailto:marcia_mw2@yahoo.com]
Sent: Friday, February 28, 2003 9:15 PM
To: comments-deletes@gnso.icann.org
Cc: tim@godaddy.com
Subject: Nonanswers


--- Tim Ruiz <tim@godaddy.com> wrote:
> Registrars are already required to submit any
> changes requested by registrants, such as domain
> name cancelation requests, to the registry in a
> timely manner.

That may be so, but the recommendation has absolutely
NOTHING to do with a cancellation request.  A
cancellation request is a request to terminate a
registration prior to its normal expiration.  In the
recommendation, the registrant does NOT want to cancel
her registration.  Rather, she wants it to complete
its full paid up term with NO renewal.  She is
informing the registrar that she will NOT be renewing.
 Neither you nor the Task Force report expresses any
reason why a 45 day "auto renew period" must be
granted to the registrar in such a case, as the
registrant clearly is not renewing.

> Speaking from my own experience at Go Daddy
> Software, we have had several instances where
> registrants expressly requested cancelation of
> their domain, and then later wanted to retract it
> for whatever reason.

What you are saying is that the public at large must
be punished with unnecessary delays just because you
want to look out for "several" wishy-washy
individuals.  If, as you said, the registrar must
carry out the registrant's request in a timely manner,
under what new authority is the registrar now delaying
in carrying out the registrant's request?

I should also mention, in regard to the public's Go
Daddy experience, that Go Daddy's own auto-renewal
process has been operated in a manner contrary to what
was promised.  Specifically, registrants were told in
their contracts that they would be given an option for
auto-renewal, and unless they chose that option, their
registrations would expire.  Unfortunately, Go Daddy
did not implement the process as promised.  Instead,
Go Daddy automatically selected the auto-renewal
option for its registrants and did not inform
registrants that it had done this.  Registrants did
receive renewal notices claiming their domains would
be auto-renewed and this surprised many of them, but
others did not observe this as they held fast to their
beliefs as promised in the original contract.
Further, even if a registrant later noticed the
discrepancy and updated his options to uncheck the
auto-renewal option, Go Daddy would seemingly attempt
an auto-renewal anyway, as demonstrated by the
multiple and repeated "failure" notices that the
registrant would receive informing them that the
attempt to charge their credit card failed.  This
likely caused many registrants great confusion and
worry, in addition to the many whose credit cards were
charged contrary to the contractual understanding.
Even the current wording of your registration contract
is contradictory and confusing in this regard, but the
effect remains the same on the countless registrants
who expected and expect their registrations to simply
disappear at the conclusion of their paid registration
term.  I believe it is unfair and improper that Go
Daddy's renewal practices have not conformed to the
contract and that registrants have been required to
pay for additional renewals which they were led to
believe would not occur.  As such, you must understand
why I find it difficult to believe that you are being
forthright today in your presentations to the public.
Nevertheless, I will give you once again the benefit
of the doubt.  You are a bright and clever man.  I
have no doubt you understand what I am saying.

> However, there is currently no contractual
> provision that influences how a registrar charges
> for renewals during the grace period, or at any
> other time. I don't know if it is appropriate for
> the TF to recommend where and how a registrar
> discloses its pricing.

I read your statement above to indicate your
understanding that the registrar is free to charge
whatever price it chooses during the 45 day "auto
renew period" before the domain moves into the RGP.  I
again ask, why there must be both a 45 day period and
a 30 day period during which a registrant may/will be
subjected to what many would claim to be extortion
just to get his/her domain back in order.  Clearly, a
registrant is not in a position to bargain or shop
around during the 45 days and must pay whatever the
registrar demands.  This is not fair.

Marcia Wells


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