Domain Name Transfer Woes

[laburke]

Hi all. I wonder if anybody has dealt with a similar problem to mine. My domain name is expiring on April 6 at another registrar. I signed up here to switch it to TCH, where my site is hosted, for convenience's sake.

 

My current registrar denied it, listing a bunch of hoops I have to jump through because of the possibility of fraudulent transfers. They say since there are fewer than 60 days left to expiration, I not only have to renew with them first for no less than 1 year, but I also have to pay a $15 processing fee to transfer the domain. In addition, I have to send a letter of intent, signed and notarized for pete's sake, via snail mail!

 

I initiated this transfer when there was still 3-1/2 weeks to go. Shouldn't that have been enough time, for one thing? And what's the deal with having to pay triple for what should cost $10 or $11 total - the renewal fee with the current registrar, plus the $15 processing fee, and the $10.95 here? This is ridiculous. Please tell me that not all domain registrars are doing this now. And do you have any ideas on how I should handle this?

 

If push comes to shove, I'll just have to renew there and keep it there. It's not really such a problem to have it separate from my TCH hosting, but now as a matter of principle, I want to move it all the more because I think they are basically extorting money from me!

 

Sorry for the long-winded post. I'm just a tad steamed. Maybe I should go dunk my head in some ice water.

[TCH-Rick]

I have dealt with a couple of registrars and they were much easier to deal with than the situation you have described. Most registrars have a policy of no transfers within 60 days of renewal but most that I have seen allow transfers up to a couple of weeks before expiration.

[TCH-Rob]

According to ICANN, here are valid reasons for refusing the transfer;

 

  1.  Evidence of fraud

  2. UDRP action

  3. Court order

  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 of sponsorship 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 is 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 where a decision in the dispute resolution process so directs).

I dont see less than 60 days from expiry.

 

The entire doc can be found here. http://www.icann.org/transfers/policy-18dec03.htm

 

And I fount this in their legal agreement

 

You further agree that you shall not transfer your domain name registration to another registrar if there are less than ten (10) days remaining in your registration term.

Edited March 24, 2004 by TCH-Rob

[kaseytraeger]

laburke,

 

If I were you, I'd do a little bit of research on your domain registrar's web site. Take a look at their contract, and in particular, the section of the contract relating to domain name transfers. If they do not stipulate in that document the you may not transfer your domain name within 60 days prior to expiration without suffering extra penalties/fees, etc., then you have some ground on which to stand. Simply tell them that nowhere in the contract is it written that domain name transfers must be handled before there are 60 days left in the contract. Remember that the contract is your Legal Agreement with the company. They are legally obligated to hold up their end of the agreement just as you are legally obligated to hold up your end by paying your annual registration fee. As long as there is no mention of the 60-day deadline, extra fees, etc. you have a good argument for your side.

[kajoiner]

I had to go through a simular situation when I moved my wife's domain to TCH. It took three weeks of calling and badgering the old domain holder to get it released. They also wanted to make me resign with them for another year, but it was not in the contract when I signed up. I finally had to talk to the president of the domain service to get it resolved.

 

Good luck. You are in for some frustrating times ahead.

[laburke]

Thanks so much, everyone, for your input. I did check out the contract, which does say

You further agree that you shall not transfer your domain name registration to another registrar if there are less than (60) days remaining in your registration term.

Whether it said that when I signed up a couple years ago, I don't know. I will readily admit that I didn't read the fine print at the time. Forgive my ignorance, but do the guidelines on icann's web site (which didn't mention the 60 days) override the wording of individual registrars' contracts?

 

However, the current registrar also says that even if it's eligible for transfer (in other words, if I had initiated this more than 60 days prior to expiration) I still would have had to pay the $15.00 processing fee and renew with them. Again, I have no way of knowing whether this is what it said when I originally signed up.

 

So, I'm up the proverbial creek. I suppose I don't dare let it expire and then immediately grab it again through TCH? Is that too risky? I certainly don't want to lose my name. My other option is to just renew with them forever and ever. But in that case, would I get my $10.95 back from TCH? I'd really rather give the money to you guys, but I don't seem to have much choice.

 

What should I do?

Laura

[TCH-Rob]

I am no lawyer so I cant say for sure the legalities of the terms. You can contact ICANN if you want to. You may just have to bite the bullet and renew and in 60 days transfer and pay the fees just to get you out of there.

[ThumpAZ]

Directly from their site (from a whois lookup, I got a registrar that has a different policy that what Rob put down):

6. REGISTRAR TRANSFER

Registrant agrees that it can transfer one or more domain name registration, in accordance with ICANN or registry policy, from or to "them".com. Registrant also acknowledges and agrees that express authorization from someone with apparent authority to legally bind the domain name holder is required before such a transfer can occur. You can authorize the transfer of a registration to "them".com by completing the Registrar Transfer Application.

 

In an effort to prevent domain name hijacking and erroneous domain name transfers, You understand and agree that "them".com shall deny all initial requests to transfer a domain name registration to another Registrar. Any subsequent Registrar transfer request will be honored only after "them".com has confirmed Your intention to transfer Registrars.

 

You agree that you shall not transfer your domain name registration until sixty (60) days have elapsed from the time of initial domain name registration or renewal. You agree that the transfer of domain name registrations may be refused if there is a dispute concerning the domain name or the domain name holder's identity. You further agree that you shall not transfer your domain name registration to another registrar if there are less than ten (10) days remaining in your registration term.

 

They have a policy to ALWAYS refuse the first attempt, and they also state clearly that they will not let it go within 10 days of expiry. I say that you request again and it should go through. It sounds like they have a scripted response to deter unauth'd requests, as well as scare you into staying.

[laburke]

Thanks again, everyone. I have e-mailed them twice with no response whatsoever. They're probably putting it off until the last minute so that I am forced to renew with them. You can bet that if I can get out of there, I will never use them again.

 

Thanks for all your help!

Laura