Is GoDaddy's 60 day non transfer policy in breach of ICANN Policy?

[gpmgroup]

Am I right in thinking Godaddy’s 60 day block on transferring names with recently changed WHOIS details is in direct breach of their Registrar Agreements? - In that these agreements require registrars to release names if a client so wishes and therefore in direct conflict with ICANN’s policy on domain transfers between registrars?

(Provided a registrar to registrar transfer has not already occurred in the previous 60 days)

 

[Dave Zan]

Potentially, yes.

One ex-Go Daddy customer proved me wrong when he complained to ICANN. He
was eventually able to move it out, even got an apology via phone.

What he did was provide specifics to ICANN, including the emails indicating why
the transfer was denied and the terms in Go Daddy's prints saying such.

 

[acesfull]

Am I right in thinking Godaddy’s 60 day block on transferring names with recently changed WHOIS details is in direct breach of their Registrar Agreements?

(Provided a registrar to registrar transfer has not already occurred in the previous 60 days)

That's what I thought, too. It's a real inconvenience. And that's why I will never do business with Godaddy.

 

[jberryhill]

The policy is ambiguous:

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

1. Evidence of fraud
2. UDRP action
3. Court order by a court of competent jurisdiction
4. Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
5. No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
6. Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
7. A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
8. A domain name is in the first 60 days of an initial registration period.
9. 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).

Condition 9 does not expressly say that "60 days after being transferred" applies only to a registrar transfer, as opposed to a transfer between registrants at the same registrar.

While it seems in context to refer to registrar transfers, it is ambiguous and can be interpreted either way.

End of story.

 

[Theo]

As ambiguous as Bob Parsons' earring.

 

[gpmgroup]

The policy is ambiguous:

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

1. Evidence of fraud
2. UDRP action
3. Court order by a court of competent jurisdiction
4. Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
5. No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
6. Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
7. A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
8. A domain name is in the first 60 days of an initial registration period.
9. 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).

Condition 9 does not expressly say that "60 days after being transferred" applies only to a registrar transfer, as opposed to a transfer between registrants at the same registrar.

While it seems in context to refer to registrar transfers, it is ambiguous and can be interpreted either way.

End of story.

Do you think it was the intention of the committee to be ambiguous?


Could the next section of the agreement be an intention to clarify their position perhaps?

Instances when the requested change of Registrar may not be denied include, but are not limited to:

Nonpayment for a pending or future registration period
No response from the Registered Name Holder or Administrative Contact.
Domain name in Registrar Lock Status, unless the Registered Name Holder is provided with the reasonable opportunity and ability to unlock the domain name prior to the Transfer Request.
Domain name registration period time constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
General payment defaults between Registrar and business partners / affiliates in cases where the Registered Name Holder for the domain in question has paid for the registration.


Doesn't that explicitly exclude any time constraints outside the first 60 days of registration and 60 days following a registrar transfer whatsoever and possibly invalidate any notion of ambiguity in the preceding paragraph?

 

[Theo]

Since we're here, what about Enom's stronghold on domains expired months ago, only to be placed in "extended RGP" mode?

 

[ParkQuick.com]

Write to [email protected] and your names will be manually released.

Am I right in thinking Godaddy’s 60 day block on transferring names with recently changed WHOIS details is in direct breach of their Registrar Agreements? - In that these agreements require registrars to release names if a client so wishes and therefore in direct conflict with ICANN’s policy on domain transfers between registrars?

(Provided a registrar to registrar transfer has not already occurred in the previous 60 days)