reachstars
New Member
- Impact
- 11
Hello everyone I am new to this message board and thanks for taking the time to read this thread.
I know most people don't bother to read the terms of service, but after reading some horror stories of registrars clawing back domain names after registration of a high value domain (Like a 2018 thread about network solutions taking back domainnames.com from a legitimate purchase) I began to take interest on the subject of finding a registrar that does not have a history of taking domain names, or clawing back domain names without a justified cause or reason other than stating it says it on their TOS.
After taking a few hours of reading several registrar's service agreement (or TOS as some call it), I find that most have a clause similar to this one
"Suspension and Cancellation. We may in our sole discretion, deny, suspend or cancel any registration or transaction, or place any domain name(s) on registry lock, hold or similar status." (From google domains)
"Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any GoDaddy procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by GoDaddy or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.
You acknowledge and agree that GoDaddy and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either GoDaddy or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement ...." (From godaddy)
"Registry / ICANN Rights. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation, redirect or transfer by any ICANN procedure, registrar, and/or registry decision or policy, in each party’s sole and unlimited discretion. This includes the right to: 1) deny, cancel, redirect or transfer any registration or transaction; 2) place any domain name(s) on registry lock, hold or similar status, as it deems necessary; 3) to correct mistakes by Us, another registrar or the registry administrator in administering the domain name; 4) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); 5) to protect against imminent and substantial threats to the security and stability of the registry TLD, System, registry nameserver operations or the internet; 6) to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction; 7) for the resolution of disputes concerning the domain name; and/or 8) to stop or prevent any violations of any terms and conditions of this Agreement, the operational requirements of Us or a registry, or pursuant to a Registry Agreement with ICANN. " (From namecheap)
“TERMINATION
A. Generally. Web.corn may terminate this Agreement immediately for any or no reason and without notice to you. Without limiting the foregoing, Web.corn reserves the right to suspend or terminate all Services immediately without notice to you if Web.com determines, in its sole and absolute discretion, that you have failed to comply with
your obligations as set forth in this Agreement. In the event of your chargeback by a credit card, charge card or other payment method, or other non-payment by you in connection with your payments of the applicable billing cycle fee, renewal fee or other applicable fee, you acknowledge and agree that all of your Services may be
suspended, canceled or terminated, in our sole and absolute discretion and without notice to you.” (From Web.com/Network solutions, worst TOS so far)
In general, they all have similar language in the TOS that they may cancel your domain at their sole discretion, but seems that network solutions is the worst, and godaddy slightly better than the rest.
Considering the high value of some domain names, I find it hard to believe that more people or attorney's have not legally questioned the validity of such a statement that they can simply take back a domain name at the registrar's discretion. As an analogy, I understand for something like a car registration where pricing is relatively low and uniform across the board, the motor vehicles department may chose to cancel your car registration. But by no means this means they can take the car that you purchased back "at their discretion." Say if you have a 100,000 classic chevy that you paid 5,000, the motor vehicles dept can't simply just take your car because its in their TOS (and suits their pockets). How can a registrar take back a high value domain that may be in the thousands or hundreds of thousands of dollars "at their discretion" just because it's in their TOS and they may not have any legitimate legal backing for it.
Anyway, I think there should be more legal scrutiny from legal scholars and attorneys on registrar policies, as it seems that from a legal standpoint to be very authoritarian giving the registrar too much control.
But the reason that I am here is to get the opinions of experienced domainers on which registrars have the best and worst track history of respecting people's high value domain names. Please let me know your experiences and I appreciate your comments.
In my own situation i have some domain names at Network solutions, and after reading the piles of negative reviews on consumerreports, BBB and domain message boards, and reading their very authoritarian TOS I am considering moving my domains to a safer place. I know they make it difficult to transfer. I am debating whether it's best to just keep them there to avoid the painful transfer process or transfer somewhere else. Trying to weigh out which registrar is the safest to keep domains not (don’t really care about minor price differences). Thanks for the help.
I know most people don't bother to read the terms of service, but after reading some horror stories of registrars clawing back domain names after registration of a high value domain (Like a 2018 thread about network solutions taking back domainnames.com from a legitimate purchase) I began to take interest on the subject of finding a registrar that does not have a history of taking domain names, or clawing back domain names without a justified cause or reason other than stating it says it on their TOS.
After taking a few hours of reading several registrar's service agreement (or TOS as some call it), I find that most have a clause similar to this one
"Suspension and Cancellation. We may in our sole discretion, deny, suspend or cancel any registration or transaction, or place any domain name(s) on registry lock, hold or similar status." (From google domains)
"Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any GoDaddy procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by GoDaddy or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.
You acknowledge and agree that GoDaddy and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either GoDaddy or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement ...." (From godaddy)
"Registry / ICANN Rights. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation, redirect or transfer by any ICANN procedure, registrar, and/or registry decision or policy, in each party’s sole and unlimited discretion. This includes the right to: 1) deny, cancel, redirect or transfer any registration or transaction; 2) place any domain name(s) on registry lock, hold or similar status, as it deems necessary; 3) to correct mistakes by Us, another registrar or the registry administrator in administering the domain name; 4) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); 5) to protect against imminent and substantial threats to the security and stability of the registry TLD, System, registry nameserver operations or the internet; 6) to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction; 7) for the resolution of disputes concerning the domain name; and/or 8) to stop or prevent any violations of any terms and conditions of this Agreement, the operational requirements of Us or a registry, or pursuant to a Registry Agreement with ICANN. " (From namecheap)
“TERMINATION
A. Generally. Web.corn may terminate this Agreement immediately for any or no reason and without notice to you. Without limiting the foregoing, Web.corn reserves the right to suspend or terminate all Services immediately without notice to you if Web.com determines, in its sole and absolute discretion, that you have failed to comply with
your obligations as set forth in this Agreement. In the event of your chargeback by a credit card, charge card or other payment method, or other non-payment by you in connection with your payments of the applicable billing cycle fee, renewal fee or other applicable fee, you acknowledge and agree that all of your Services may be
suspended, canceled or terminated, in our sole and absolute discretion and without notice to you.” (From Web.com/Network solutions, worst TOS so far)
In general, they all have similar language in the TOS that they may cancel your domain at their sole discretion, but seems that network solutions is the worst, and godaddy slightly better than the rest.
Considering the high value of some domain names, I find it hard to believe that more people or attorney's have not legally questioned the validity of such a statement that they can simply take back a domain name at the registrar's discretion. As an analogy, I understand for something like a car registration where pricing is relatively low and uniform across the board, the motor vehicles department may chose to cancel your car registration. But by no means this means they can take the car that you purchased back "at their discretion." Say if you have a 100,000 classic chevy that you paid 5,000, the motor vehicles dept can't simply just take your car because its in their TOS (and suits their pockets). How can a registrar take back a high value domain that may be in the thousands or hundreds of thousands of dollars "at their discretion" just because it's in their TOS and they may not have any legitimate legal backing for it.
Anyway, I think there should be more legal scrutiny from legal scholars and attorneys on registrar policies, as it seems that from a legal standpoint to be very authoritarian giving the registrar too much control.
But the reason that I am here is to get the opinions of experienced domainers on which registrars have the best and worst track history of respecting people's high value domain names. Please let me know your experiences and I appreciate your comments.
In my own situation i have some domain names at Network solutions, and after reading the piles of negative reviews on consumerreports, BBB and domain message boards, and reading their very authoritarian TOS I am considering moving my domains to a safer place. I know they make it difficult to transfer. I am debating whether it's best to just keep them there to avoid the painful transfer process or transfer somewhere else. Trying to weigh out which registrar is the safest to keep domains not (don’t really care about minor price differences). Thanks for the help.
