floatingworld said:
The lesson I would draw from regfly is not to leave renewals until the last minute and certainly not past the expiry date.
That applies with
any registrar.
Viewer discretion is advised for what I'm about to post next.
The moment the domain name expires, you're considered to have abandoned
your rights to it. They're not "your" domain names any longer.
Folks, what rights we have are limited only by any applicable ICANN policy and
your registrar's registration agreement. Anything not mentioned by either one
are just in the realms of our deepest darkest desires.
Now the registrar can be "kind" enough to give you a grace period to renew it.
But they're
not required to provide such, not even by ICANN.
ICANN does allow one other right for domain registrants towards the expired
domain names: to transfer it to another registrar. But in the real world, that's
very very risky.
This is why it's all the more important to renew your domain names
before
they expire, not after. As some of you have seen, trying to renew an expired
domain name can create unwanted problems.
Should you think Registerfly is "obligated" to renew, note these excerpts:
http://registerfly.com/info/terms.php
11. Limitation of Liability:
YOU AGREE THAT REGISTERFLY.COM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND REGISTERFLY.COM'S CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. REGISTERFLY.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTERFLY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTERFLY.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Look at the other registrars' legal fine prints. You'll find a similar provision.
No registrar can guarantee anything 100%, including being able to renew your
domain names in a timely manner. But they will try.
If it's unsuccessful, the least they can do is refund your money. But they are
not always automated or sometimes technical glitches occur, so sometimes a
phone call is needed.
You guys can beg to differ depending on how you feel about it. But let's get
real: registrars have more rights towards domain names than we do because
they're paying the costs to offer them.
Omnia, I asked you earlier why you didn't renew before they expired. Was it
because you forgot, you were busy with something that time, etc.?
It's sometimes frustrating and unacceptable, yes. But that's why you ought to
do everything you can to prevent those problems from happening in the first
place.
If you're considering legal action, then good luck. But I'm not optimistic.