Network Solutions "Owns" Your Domain Name!

jvj24601 writes "A columnist at news.com reports that Network Solutions has recently changed its contracts -- it now 'owns' the domain name and can take it back at will. This has been held up in court. I am especially appalled that their agreement states 'NSI may terminate "domain name registration services" if the registrant uses them for "any improper purpose, as determined in our sole discretion."'" Time to check the DomainNameBuyersGuide again ...

Comments

Don't register with Network Solutions!

[Maul]

Not only are they sloppy, as many testimonials on Slashdot have shown in previous articles about Domain Name Theft, but now they have the right to just take your domain name back? While I doubt this will be commonly excersized, I think we should tell them that we don't like it by registering elsewhere.

I recommend Register.com currently, as you aren't tied up for two years, and it is really easy to manage your domain via they're web page. Register.com doesn't seem to me to have some of the problems Network Solutions has.

I think NOT!

[msaulters]

I am apalled that NSI would make this major a change without notifying the customers. The idea that a domain name is 'just like a phone number' is ludicrous! The court demonstrates a real deficit of knowledge about how the domain system works by finding that the name is a product of contract for services. Just the very OPPOSITE is true. The domain name itself can be registered with any registrar, and the services are contracted to support the use of that name. Under this new policy, you'd better hope you haven't already renewed. Here's a scenario:

1) Domain owner of extremely popular domain name X decides to switch to a different registrar and informs NSI
2) NSI pulls the domain name X from the owner, but maintaining it within their database, since it now belongs to NSI
3) Domain owner must choose a different name when switching registrars, because NSI wants to sell domain name X to the highest bidder.

I don't doubt they're miffed by a) losing their monopoly, b) the fact that other registrars, like the owner of the .tv domain are auctioning domains for $1000 a pop. I will absolutely move to another registrar BEFORE I renew at NSI, lest I, too, tacitly agree to give away my company's property, which my company owned well BEFORE NSI took over the registry business. It's bad enough we have to change IP's when we change ISP's, but now we have to change domain names along with our registrars? Can they possibly get away with this for long?

Who Owns it Before it's Registered?

[ZikZak]

This implies (to me, at least) that NSI "owns" all unregistered names, too. If they "own" the domain then they must have owned it before, too, right? I certainly wouldn't create a name myself and then promptly give it to someone else for the privledge of being listed in a routing table. If you follow the logic then NSI also "owns" all domains registered through other registrars. At least according to them.

How exactly does this work? The only way I can see it (possibly) holding up legally is if when you agree to their terms of service you do indeed give them those rights, and I really don't think those sorts of rights are assignable.

Somebody explain this, as it makes no sense to me.

Ok, I'll sue NSI for trademark infringement then.

[X]

If NSI owns a domain name that *I* have a trademark for, they're in BIG trouble. Based on prior court cases it's established that it's trademark infringement to own a domain name which is the same/similar to a trademark. Oh, this is going to be fun.... ;-)

Re:thanks! you guys are great NSI

[DrDre]

In using Tucows OpenSRS we have had extreme reliability, durability, speed, and low prices.

Are you joking? Do you really think their terms are better than NetSol? I'd re-read your Registration Agreement. If you would look at the OpenSRS agreement, you would see that it's pretty much exactly like the NetSol's Registration Agreement. From the OpenSRS Registration Agreement (in its Appendix A):

15. REVOCATION. You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserver your domain name or register for other Services, or subsequently to modifiy it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.

To add further insult, read Section 4:

4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement,that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such change or revision will be binding and effective immediately on posting of the revised Agremeent or change to the service(s) on our web site . . . . You agree to review our web site, including the Agreement, periodically to be aware of any such revisions.

This is enough to make me wretch. You still think OpenSRS is cool? I feel nothing but disgust.

Similarly, Secura GmBH, which is given a 5-star rating by the DomainNameBuyersGuide for its legal agreement, has the following provision in its Registration Agreement:

An SLD holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the SLD holder's registration can constitute a material breach of the SLD holder-registrar contract and be a basis for cancellation of the SLD registration.

From where does this authority derive?

[Effugas]

Excuse me?

I seem to remember Network Solutions receiving the rights to *distribute* names, not *wholesale ownership of those names*.

What's $80 a year today may become 10% of Gross Profit tommorow. "Sorry, we found somebody willing to pay more for your business's identity. Too bad you don't particularly own that identity..."

This is a land grab; a damn subtle one, but a land grab nonetheless. NSI received the right to distribute names. By claiming ownership, they're assuming a far more valuable, centralized, and corruptable position--one which they have no right to assume.

Yours Truly,

Dan Kaminsky
DoxPara Research
http://www.doxpara.com

Changing registrars is EASY - I did it!

[kindbud]

With Register.com, all it took was to open a service request ticket on their website to start the process. It takes day or so after they verify your identity (the usual notarized letter and photocopy of identification) to complete the change. If you already have a domain at Register.com, it's even easier, because they already know who you are. Your domain will continue to operate while the transfer takes place. The NS listed by the roots do not get changed - in fact, this is part of the process. Until your new Registrar becomes the new registrar, they can't change anything else about your domain. Each registrar has access to the SRS using software supplied by NSOL. Each registrar has rights to make changes to the registrar fields in the SRS database. Their accreditation with ICANN is their pledge not to change anything without authorization, though technically, they have the capability to transfer any domain at any time.

All a Registrar transfer is, is changing a couple fields in the SRS. That's it. Your NS are not changed during the process. The roots continue to hand out the referrals. There are in fact, only a few pieces of information in SRS: the domain name, the registrar's name, the registrar's whois server domain name, the registrar's web site URL, and the nameservers. Only the fields having to do with the registrar are changed during a transfer. The roots continue to delegate to the NS listed in the SRS, because those fields are not changed.

THERE IS NOTHING TO FEAR

(though some registrars charge a new registration fee to do the transfer - small price to pay, especially if your domain is nearing renewal time anyway)