Re: [DNS] Provisionally Accredited Registrars and Interim Code of Practice

Re: [DNS] Provisionally Accredited Registrars and Interim Code of Practice

From: Jon Lawrence <jon§>
Date: Fri, 22 Mar 2002 15:23:00 +0000
Actually Patrick its a very simple issue.

Regardless of who you actually pay money to the contractual relationship
involved in the registration of a domain name is between the registrar and
the registrant. A reseller can of course add their own terms and conditions
but the registrars agreement must be included.

This applies in and also in other spaces, especially the gTLDs.
It is a requirement of the ICANN registrar accreditation agreement that
registrants must enter into an agreement with the Registrar (see below):

3.7.7 Registrar shall require all Registered Name Holders to enter into
an electronic or paper registration agreement with Registrar including at
least the following provisions:

If you are buying a name through a reseller of OpenSRS (or Melbourne IT
or any other ICANN accredited registrar) they are required to provide you
with a copy of the registration agreement from the relevant registrar either
as part of or in addition to their terms and conditions.

If your reseller is not doing so I would be happy to bring this to ICANNs
attention as I know this is a practice that they are keen to stamp out.


>-- Original Message --
>From: "Patrick Corliss" <patrick&#167;>
>To: "Jon Lawrence" <jon&#167;>
>Cc: "[dns]" <dns&#167;>
>Subject: Re: [DNS] Provisionally Accredited Registrars and Interim Code

>of Practice
>Date: Sat, 23 Mar 2002 01:03:46 +1100
>On Fri, 22 Mar 2002 09:50:13 +0000, Jon Lawrence wrote:
>> >Which means every reseller of domains must advertise Melbourne
>> > IT on each of their web pages.
>> ...given that every registrant of a domain name is entering into
>> a contract with the administrator (at this point Melbourne IT) surely
>> have a legal right to know who they are contracting with.
>Hi Jon
>I don't see why a registrant using a reseller is entering into a contract
>the registrar. I have registered a number of domain names with an OpenSRS
>reseller operating in Australia. He, in turn, registers with OpenSRS.
>my dealings are with the reseller rather than the registrar. That's who
>I pay
>my money to !!
>What about the situation where a professional accountant or solicitor,
>example, who was not a reseller, registered domain names on behalf of a
>client. Clearly they are providing a service and any breach of the terms
>the contract is between the professional and their client. That's known
>"privity of contract".
>I agree with Peter Dean here and wonder why a reseller should be compelled
>advise their client the details of the registrar particularly in a case
>a reseller may well be associated with more than one registrar (as is
>Of course, pricing may well be a factor. Insurance companies, for example,
>charge the same premium whether you buy direct or through a broker. Airlines,
>however, are now cutting out travel agents by giving discounts to direct
>If registrars want to sign up resellers (what used to be called "channel
>partners") they are likely to give a cut price discount for bulk purchases
>payments in advance. That makes the registrar into more of a wholesaler.
>And nobody needs to know the identity of the wholesaler.
>What is important, however, is that the registrant has got access to an
>appropriate procedure for making complaints. One way is to complain directly
>to the registrar (for which the registrant needs to know who that was)
>another way is for auDA to handle complaints against resellers. This could
>done by auDA forwarding the complaint on to the relevant registrar in the
>first instance.
>The problem really hinges on whether auDA wants to get stuck in the middle
>a complaint procedure against resellers. My view is that auDA would rather
>stay out of that process. If so, the reseller will need to disclose the
>identity of the registrar.
>Thus registrars can handle complaints against resellers and auDA will be
>confined to handling complaints against registrars. That's sensible, imo.
>I don't think it (disclosing the details of the registrar) will matter
>much provided there is no incentive for the registrant to bypass the reseller
>and deal directly with the registrar.
>In other words, I'd ask Peter whether he thinks there is any likelihood
>people (ie registrants) will buy direct from the registrar if they know
>Patrick Corliss
>I'm on the Board of auDA (the .au country code) as well as TLDA (the Top
>Level Domain Association). Please note that anything I write is my own
>personal opinion and does not necessarily reflect the views of any body
>with which I am associated. Please also note IANAL (I Am Not A Lawyer).
Received on Fri Oct 03 2003 - 00:00:00 UTC

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