ResellerClub Screwed Someone I Know

[Christian Taylor]

Hi guys,

So my friend started up a registrar and hosting site with ResellerClub using their basic $25 package. His friend transferred a domain, and after a week or so my friend decided that ResellerClub wasn't suited for him and asked for a refund. They refunded his $25, and they also locked the person's domain who transferred to them. They refuse to unlock it and won't give an auth code to transfer. Isn't this illegal? Is there no ICANN regulation to stop stuff like this?

 

[WhoaDomain.com]

60 day lock?

 

[Christian Taylor]

60 day lock?

It's possible. By default, the 60 day transfer is NOT enabled. The client has the option to enable it. I'll have to ask and see.

 

[todaygold]

As already stated, the 60 day lock after transferring a domain is not optional, it is mandatory after transferring a domain from one registrar to another. Second, to clarify, the domain transfer was paid for separately and was not refunded, correct?

 

[usernamex]

No if you JUST transferred the name it has a 60 day lock as @Avtar629 already said. There is a difference in after transfer lock and Change of Owner lock - the Change of Owner you can opt out, the transfer you cannot.

PS the transfer must have been paid for separately since RC would have deducted any fees out before refund, that is how they operate, and rightly so

 

[Christian Taylor]

As already stated, the 60 day lock after transferring a domain is not optional, it is mandatory after transferring a domain from one registrar to another. Second, to clarify, the domain transfer was paid for separately and was not refunded, correct?

The 60 day transfer lock is absolutely optional. I transferred to Dynadot to test it and transferred out to Uniregistry 2 weeks later. The transfer was successful, and Uniregistry had a check box to opt out of the transfer lock (and I did). As for if the transfer was refunded, I'm not sure yet and am checking. It it was refunded, ResellerClub should have (a) terminated the domain, or (b) given the auth code and given him a period (maybe 7 days) to transfer out - not lock it until 2018 when it's registered until. Now he has to wait until 2018 and wait for it to drop in hopes of getting it again.

 

[Jurgen Wolf]

It depends on TLD.
Some ccTLDs you may transfer at any time.
For gTLDs it is mandatory by ICANN.

 

[Christian Taylor]

It depends on TLD.
Some ccTLDs you may transfer at any time.
For gTLDs it is mandatory by ICANN.

I did it with my .com domain.

 

[todaygold]

I did it with my .com domain.

For this .com, was it originally registered at Uniregistry, you transferred to Dynadot and then transfered back to Uniregistry?

 

[Christian Taylor]

For this .com, was it originally registered at Uniregistry, you transferred to Dynadot and then transfered back to Uniregistry?

It was originally with Namecheap. I transferred to Dynadot and left it there for 2 weeks, then transferred to Uniregistry.

 

[Jurgen Wolf]

Anomaly...

 

[todaygold]

It was originally with Namecheap. I transferred to Dynadot and left it there for 2 weeks, then transferred to Uniregistry.

Not possible. The 60 day lock is mandatory. Directly from ICANN: 'You must wait 60 days after the initial registration or any previous transfers to initiate a transfer.' First question here: icann.org/resources/pages/name-holder-faqs-2012-02-25-en

 

[Christian Taylor]

As already stated, the 60 day lock after transferring a domain is not optional, it is mandatory after transferring a domain from one registrar to another. Second, to clarify, the domain transfer was paid for separately and was not refunded, correct?

I clarified that the transfer was deducted from the refund that my friend who ran the host received. Let me be clear that my friend placed the order using his panel on behalf of the client, and the client paid him in cash. By locked, I mean that the domain is inactive and isn't functioning. This is worse than a transfer lock.

 

[Christian Taylor]

Not possible. The 60 day lock is mandatory. Directly from ICANN: 'You must wait 60 days after the initial registration or any previous transfers to initiate a transfer.' First question here: icann.org/resources/pages/name-holder-faqs-2012-02-25-en

Well I'm telling you, it happened. And Uniregistry lets you opt out of the transfer lock too. Are you sure those are the newest terms? There must be a way around it. What does @Dynadot have to say about it?

 

[todaygold]

Well I'm telling you, it happened. And Uniregistry lets you opt out of the transfer lock too. Are you sure those are the newest terms? There must be a way around it. What does @Dynadot have to say about it?

Dynadot: 60 day transfer lock after transferring domain: dynadot.com/community/help/question/what-is-domain-transfer-lock
Uniregistry: Same 60 day transfer lock (see 7th image): uniregistry.help/transfers-en/how-do-i-transfer-domain-names-to-uniregistry/

 

[Christian Taylor]

Dynadot: 60 day transfer lock after transferring domain: dynadot.com/community/help/question/what-is-domain-transfer-lock
Uniregistry: Same 60 day transfer lock (see 7th image): uniregistry.help/transfers-en/how-do-i-transfer-domain-names-to-uniregistry/

Then what the heck happened and now did I successfully transfer it? @Dynadot

 

[Jurgen Wolf]

Actual rules are here: https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en

3.7 ...The Registrar of Record may deny a transfer request only in the following specific instances:

3.7.5 The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.

3.7.6 A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs). "Transferred" shall only mean that an inter-registrar transfer has occurred in accordance with the procedures of this policy.

So 60 days lock is NOT mandatory but recommended by ICANN.

 

[Jurgen Wolf]

3.8 The Registrar of Record must deny a transfer request in the following circumstances:
...

Check it out, only these reasons are mandatory.

 

[Name Trader]

I'm not talking about the lock here. I'm talking about what happened. Don't you think it would have been wise to check there were currently no domains in your (sub-)accounts before requesting a refund?

 

[Jurgen Wolf]

Regarding your primary question...
If no violations of their own Terms - then no legal reasons to block/suspend the domain.

 

[todaygold]

3.7 ...The Registrar of Record may deny a transfer request only in the following specific instances:

3.7.5 The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.

3.7.6 A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs). "Transferred" shall only mean that an inter-registrar transfer has occurred in accordance with the procedures of this policy.

So 60 days lock is NOT mandatory but recommended by ICANN.

I believe you are reading it wrong. This is listing the reasons a transfer may be declined that have to be told to the registrant. The registry automatically denies any transfer request that is within 60 days...which is why it is not listed as a 'must' for the registrar to do. If you look on the ICANN transfer FAQ, it specifically states that it can't be transferred withing 60 days.

 

[Jurgen Wolf]

Then Verisign (.com/.net) doesn't reject automatically...

I don't need their old FAQs...
I just read their NEW IRT Policy (IRTP) as it written:
3.7 may deny...
3.8 must deny...

 

[todaygold]

I don't need their old FAQs...

So if you think it's wrong...can you please list a few registrars that state they allow you to transfer a domain within 60 days of registration or previous transfer? You aren't going to tell me that every single registrar lies when they say it is prohibited by ICANN are you?

 

[Jurgen Wolf]

This sample is above by OP.
.com was transferred without problems and no any autodenial by Verisign.

And again...
NEW IRTP is effective since December'2016...
Many of those FAQs on registrar websites were not even updated.

 

[todaygold]

Both of the registrars the OP mentioned state that it is prohibited. And no offense to the OP, but he is a new member who has asked very basic questions in the past month...so he could have easily been confused with what domain name transferred or the time period or whatnot...so I don't really consider that proof.
Certainly if what you say is true, registrars would be trying to capitalize on this and promote themselves by saying they offer it...in the say way many registrars 'brag' that they allow you to approve a transfer rather than waiting 5 days...but so far, you can't seem to name registrars that state they allow it.