Hi Justin

The newly posted code of conduct sort of covers this issue but it doesn't
seem to have been directly addressed.
See: http://www.auda.org.au/policy/code-committee-2002/final-code.pdf

The most relevant clauses that I can find are as follows:

<snip>
Clause 5.6
A Domain Name Supplier (including a registrar and a reseller) may make an
offer to a registrant for domain name services (other than as described
in clauses 5.1-5.6 above), provided:
(d) it is clearly explained that acceptance of the offer may require the
registrant to either transfer between agents (resellers) within the databases
of the registrar-of-.au Domain Name Suppliers? Code of Practice v1.2002
record, or transfer to a new domain name licence with a different registrar-ofrecord;
</snip>

Though this is really is directed at unsolicited renewal notices and is
only relevant to this case if "domain name services" is defined to include
hosting.  Unfortunately this term is not defined in the document.

<snip>
Clause 6
If a Domain Name Supplier provides bundled services to its customers (which
include the provision of services relating to Domain Names), then the Domain
Name Supplier must specify the unbundled price of each Domain Name Licence.
</snip>

This clause would probably be of more assistance in this context as it would
force the hosting provider to disclose more clearly to the customer what
they are doing.  It's not clear to me though whether this clause was designed
to cover the practice you are referring to.

regards
jon





>-- Original Message --
>Reply-To: dns&#167;lists.auda.org.au
>Date: Thu, 22 Aug 2002 22:45:42 +1000 (EST)
>From: "Justin Sullivan" <js&#167;justnet.com.au>
>To: <dns&#167;lists.auda.org.au>
>Subject: [DNS] Forcing web hosting clients to change registrar
>
>
>Hi,
>
>Interested in views on this scenario (unfortunately, not hypothetical):
>
>(1) We register a domain for a registrant (either as registrar or reseller
>for another registrar);
>(2) The registrant goes to get hosting via a third party (a well-known
>Australian company);
>(3) Registrant contacts us saying the hosting company has had some sort
of
>trouble redelegating the name so of course we attempt to help...
>(4) ... and it quickly transpires that in fact the hosting company is
>insisting on doing a registrar transfer from the current registrar to "our
>preferred registrar" - even though the registrant's domain is only days
>old.
>The registrant has been given no information at all about the consequences
>of registrar transfer (e.g. loss of existing 1.97 or so years of license
>fee that they have already paid for) or other implications such as needing
>to enter into a new agreement with the new registrar.
>It is possible this would have been forthcoming at some later point, but
>as the hosting company is taking a "we'll look after it all for you, don't
>mind the details" approach, I would not be entirely surprised if they
>continued to try to keep the registrant in the dark as much as possible.
>I am interested to hear (on or off list) whether anyone else has
>experienced anything similar - or has any comments on this situation.
>Regards,
>JS
>
>--
>Justin Sullivan Ph (02) 9948 8888 Fx (02) 9948 1111  http://justnet.info/au/
>
>
>
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