Black's Law Dictionary: 2nd Edition
A scroll; a writing; a deed. Particularly a deed delivered by the grantor into the hands of a third person, to be held by the latter until the happening of a contingency or performance of a condition, and then by him delivered to the grantee. Thomas v. So wards, 25 Wis. 631; Patrick v. McCormick, 10 Neb. 1, 4 N. W. 312; Cagger v. Lansing, 57 Barb. (N. Y.) 427; Davis v. Clark, 58 Kan. 100, 48 Pac. 563; Easton v. Driscoll, 18 R. I. 313, 27 Atl. 445. A grant may be deposited by the grantor with a third person, to be delivered on the performance ofi a condition, and on delivery by the depositary it will take effect. While in the possession of the third person, and subject to condition, it is called an "escrow." Civil Code Cal. § 1057; Civll Code Dak. § 609. The state or condition of a deed which ls conditionally held by a third person, or the possession and retention of a deed by a third person pending a condition; as when an instrument is said to be delivered "in escrow." This use of the term, however, is a perversion of its meaning.
We use the term in the generic sense -- trusted 3rd party. In our case, we buy domains and we sell domains, and sometimes we do so with no profit. We are regulated by ICANN as an accredited registrar and govern ourselves accordingly.
I have said it before, if Escrow.com plans to continue to have the moral high ground as "Domain Escrow", they should become a registrar. Right now, they are a bank without a vault, introducing counter-party risk, procedural delay and expense where none is needed.