question Legal Question: about domain renewal

[EvgeniiD]

I apologize if I put the thread in a wrong place.

I am searching official information for the domain registration and renewal that is actual all over the world for every countries - due to the fact that the admin of the domain (the registrant) has the right to renew domain every year. If the registrant wish to renew domain he can do it, its his right.
I need this information, please if you have such info in legal acts may be can you wright it here.

In other words, I must explain the man who doesn't know the domain registration and renewal rules that the registrant has the right to renew his domain if the term of registraton in not ended, if it is still active..
and I need to explain this information using legal information, acts, etc.
And it is very important that domain rules and renewal registration are similar in every country all over the world due to the fact that until the domain registration doesn't finish the registrant can renew it, not other person can regiter the domain if its registration is not still finish

 

[jberryhill]

I need this information

Perhaps it might be simpler if you describe why you need this information. What problem are you trying to solve?

The rules for domain renewal are not the same in every instance, or for every TLD. These aren't established by laws, but by the terms of service of the registrar and the registry.

If the registrant wish to renew domain he can do it, its his right.

If the name has been the subject of a URS proceeding then, no, the registrant cannot renew it.

If the registrant is in, say, Cuba, and the registrar is in the US then, no, a US registrar cannot accept payment from a Cuban registrant.

I can come up with plenty of examples of situations where someone might not be able to renew a domain name.

What is the problem you are trying to solve?

 

[EvgeniiD]

P
What is the problem you are trying to solve?

My problem is that I am the domain admin and I could renew the domain because the term of its registration (1 year) was not ended and I had 2 months to renew the domain before it expires.
But the registrar didn't allow to renew the domain
With the purpose to write the claim I was searching the common rules which told us that until term of domain registration is not ended the domain owner can renew it. I know that some domain rules are different in different countries but there are some that are similar for all of registrars - for example, If you are the owner of the domain redgreengreybrownroses.com, nobody besides you can renew it, you must renew it before it expires. Tthese rules are well-known domain rules.
I found information here.
https://www.icann.org/resources/pages/renew-domain-name-2018-12-07-en
When you register a domain name, it's yours for the period of time you registered, which is typically between one and 10 years. If you want to keep using it, including all of the services associated with it (like a website or email service), you have to renew it with your registrar before it expires.

 

[jberryhill]

But the registrar didn't allow to renew the domain

1. Did the registrar give any reason for not allowing you to renew the domain?

With most registrars, you simply log in, provide payment information, and renew the domain. It seems strange that the registrar did not allow you to do that.

2. Which registrar are we talking about? The reason I ask is...

With the purpose to write the claim

There is a world of difference between saying “someone was supposed to do X” and “what happens if they don’t do it.”

If you are talking about bringing a legal action in some court somewhere, then what matters is the terms of service to which you agreed when you registered the name and, in particular, (a) where that contract might allow you to bring a dispute and (b) how much that contract might limit the liability of the registrar.

So it might be worth answering questions 1 and 2 above.

 

[EvgeniiD]

1. Did the registrar give any reason for not allowing you to renew the domain?

The Registrar annouced at the official website that had termineted the contract with the reseller. So, registrants must not pay for domain renewal with the reseller and must write the letter to the Registrar to get instructions how to renew their domains.
As a result - letter with the request for domain renewing was sent to Registrar, but Registrar didn't send bill for domain renewal payment. It simply didn't reply for registrants email reguest.

The Registrar keeps silence, ignores emails. It's ccTLD.

 

[jberryhill]

Ugh. Okay. This makes sense.

Your best move might be to contact the registry for that ccTLD and see if they can help straighten this out.

In general, ICANN doesn't care how ccTLD's are run and ICANN does not set the rules for ccTLDs.

The reasons for that are complicated, but ccTLD registries have rules which are all over the map, and some of them just fly by the seat of their pants. There is no uniform set of rules about how ccTLDs are run.

But, again, that said, you might be able to get some kind of attention by bringing your problem to the attention of the registry.

 

[EvgeniiD]

Ups... I took mistake... I confused "The Registry" and "The Registrar" meanings.
I mean the Registry not the Registrar.
It's good that you mentioned the registry.
Al; the actions I described above are about the Registry.
So, the Registry allowed Registrars to register their cc TLd domains. Then The Registry determined the contract with the Registrar...

 

[jberryhill]

The Registrar keeps silence, ignores emails. It's ccTLD.

Okay, so let me see if I can figure this out again.

The REGISTRY (the people who run the ccTLD) ended their contract with the REGISTRAR (the people who sell domain names to the public) and you were told (by I guess the registrar?) to contact the REGISTRY for instructions on how to renew your domain name.

The registry never sent those instructions and is ignoring your emails.

Is that it?

 

[EvgeniiD]

The REGISTRY (the people who run the ccTLD) ended their contract with the REGISTRAR (the people who sell domain names to the public)

Yes, you are right. I meant this one.

... and you were told (by I guess the registrar?) to contact the REGISTRY for instructions on how to renew your domain name.

the Registry (at its official website) told to contact the Registry for instructions on how to renew your domain name.

The registry never sent those instructions and is ignoring your emails.

Is that it?

Yes, you are right.

 

[jberryhill]

And did someone else register the domain name after it expired?

Which cctld was this?

 

[EvgeniiD]

And did someone else register the domain name after it expired?

No. As I understood, there is some problem with this ccTLD domain registration nowadays.
The Registrar with which the Registry determinated the contract and with which I registered this domain name earlier, told me (it replied to my letters) that this domain name is restricted one. For this reason, as I understood, nobody can register it now.
But I don't agree that it is restricted because I had been the owner of it since 2016 year, simply I can't renew it not due my fault...
It is call "reverse force of law"
May be I am not right, I don't know.
By the way, the Registry at its website writes that "domains will not expire even if they come to their expiration date"...

Which cctld was this?

.CD TLD
The website of this Registry is nic.cd. The information I wrote about the contract determination is now at this website.

 

[jberryhill]

One of the risks of ccTLD names is that they can pretty much do whatever they want.

Yes, it can happen that a registry establishes new restricted names, but instead of shutting down registered ones, they simply wait until the name expires.

That can even happen in .com. For example, take a look at gnso.com.

The Congo registry is not going to care about whatever arguments you want to make, and the Congolese Postal and Telecommunications Office is not going to care about legal threats.

 

[EvgeniiD]

the Congolese Postal and Telecommunications Office is not going to care about legal threats.

May be WIPO - World Intellectual Property Organization will help. This country is the member of it.

 

[EvgeniiD]

but instead of shutting down registered ones, they simply wait until the name expires.

It's unfair. They promised that no domain names expire, promissed that they would send a payment bill to renew domain names...

 

[jberryhill]

May be WIPO - World Intellectual Property Organization will help. This country is the member of it.

Offering a sacrifice to the gods would be of more practical effect. WIPO does not police ccTLD registry domain renewal terms.

WIPO is an agency of the United Nations. The UN has had some problems exercising positive influence in Congo:

https://peacekeeping.un.org/en/dr-c...ndemns-attack-against-un-peacekeeping-mission

DR Congo: Security Council condemns attack against UN peacekeeping mission

The Security Council has strongly condemned the attack this past Sunday in Mamundioma, in North Kivu province of the Democratic Republic of the Congo (DRC), that killed a United Nations peacekeeper from Tanzania and injured another.

"Hey, guys, we have someone who wasn't able to renew a domain name over here! Help!"

They'll get right on it. You want fries with that?

It's unfair.

Welcome to the planet I call "Earth." You must be new here.

https://www.coface.com/Economic-Studies-and-Country-Risks/Congo

The country’s business environment remains very challenging, as evidenced by its 180th place out of 190 countries in the World Bank›s Doing Business ranking. Congo suffers from serious governance deficiencies, particularly in the fight against corruption, the force of law, and the government›s capacity to reform.

Let's be serious here, Evgeni, we're talking about a country where more than 20% of adults cannot read, where the rule of law is a joke and the government is hopelessly corrupt, and where armed groups are doing battle with arrows and axes (https://en.wikipedia.org/wiki/Batwa–Luba_clashes). Nobody in that country is going to be terribly impressed by the fact that someone was unable to renew their domain name.

 

[dirk]

.cd is a mess and has been that way for a while now. In 2017 they booted the registry operator and replaced them with an operator that's even worse. This is what's causing your current issue.

Tough spot to be in but I would forget about the domain. They don't care. It's a shame they didn't 'repurpose' the ccTLD back in the day and outsource the registry to a solid partner.

They missed their window of opportunity.