Back and forth coorespondance with WWD

1/26/08

I have sold the domain [REMOVED] and a new owner has purchased the name. He wishes to transfer to another domain company. Upon request, I received this email:

"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)."

I wish to Opt-Out of this objection and allow the individual to transfer to another registry.

Sincerely,
Tia 

Thank you for contacting Online Support. Unfortunately you will not be able to transfer the domain name away at this time. You will need to wait until 60 days after the most recent contact change to the domain name has passed. Our records indicate that this will take place on 3/2/2008. We apologize for any inconvenience this may cause. Please note that to bypass this waiting period the customer can create an account with us for free and you may move this domain name into another account with us that the new owner will be able to access.


Any domain name you have registered with us can be moved to any other customer account in our system, and there is no charge for this process.

*To initiate a Change of Account, please follow the directions below.*

First, you will need to login to your account.

• Click here [REMOVED] to get to our homepage and enter your customer number or user name and your password. Click on "Secure Login" to be taken into the account.

If you have trouble logging in, our Account Retrieval System may help you. You can use this to retrieve your customer number and/or reset your customer account password. You can find this system by selecting 'Click Here' next to 'Forgot Your Password?' on the 'My Account' login page.

Once logged in, follow these steps:

• Select "Manage Domains" from the "Domains Names" drop down menu on the upper left hand side of the page.
• Check the box next to the domain(s) you wish to move to a new account.
• Click the 'Account Change' button from the menu above.
• You will be prompted to provide contact information for the NEW REGISTRANT (which may be the same if you are moving the domain from one customer account another but keeping the registrant the same).
• Enter the contact information into the spaces provided.
• Review the agreements.
• Check the boxes acknowledging the agreements.
• Click the 'Ok' button to process of the Change of Account.

The email address you provided for the new registrant will receive a confirmation of the Change. This message contains a 'Transaction ID' and a 'Security Code' that will be needed to accept the domain into the new customer account.

Please let us know if we can assist you in any other way.

Best regards,

Andrea P.
Online Support Representative 

 According to ICANN, you can't do that. I ask that you release my domain, [REMOVED] for transfer out and release the 60 day hold that was forced upon me when I changed my registrant details.

http://www.icann.org/announcements/proposed-advisory-19sep07.htm

   *2. A registrant change to Whois information is not a valid reason
   to deny a transfer request. *

   *A registrant’s objection to transfer is not valid unless it is
   obtained voluntarily.
   *

   "Registrars that have implemented processes that require registrants
   to consent to deny transfer requests in order to update Whois
   contact information *are not obtaining voluntary express objections*
   and therefore such objections cannot be used as a basis for denying
   a transfer pursuant to Section A.3 of the Transfer Policy."

Tia Wood

 1/27/08

Dear Tia Wood,

Thank you for contacting Online Support.

When you initially elected to update the registrant information, you needed to check the box authorizing the rejection of all transfer requests for this domain name. By checking this box, you are also indicating that you have read our Domain Name Change Registrant Agreement and agree to its terms. You cannot proceed with the registrant changes until you have given your authorization. Given that you have authorized the rejection of all transfer requests regarding this domain name, we cannot remove the 60 day hold on this domain name. You will need to allow for this time frame to pass before it can be transferred. Once this period has passed, we will be happy to assist you in transferring this domain name.

Please let us know if we can help any other way.

Regards,
Dennis R.
Online Support Technician

And again, according to ICANN, you can't do that. You did not obtain voluntary consent. You forced me to click that box in order to change my contact details so I can comply with ICANN to keep my information correct and up to date. Anything "Opt-In" should allow me to "Opt-Out". Therefore, I Opt-Out and request that you allow the new buyer to move the domain to a new domain company. You CAN remove the 60-day hold that I did not voluntary agree to. Why? Because ICANN says it wasn't valid in the first place. Not only this domain but I have the same issue with several domains under this reseller account.

If you can't help me, please forward this email to your supervisor so this can be resolved.

ICANN says:


"Registrars that have implemented processes that require registrants
to consent to deny transfer requests in order to update Whois
contact information *are not obtaining voluntary express objections*
and therefore such objections cannot be used as a basis for denying
a transfer pursuant to Section A.3 of the Transfer Policy."

http://www.icann.org/announcements/proposed-advisory-19sep07.htm

Tia Wood

1/28/08

Dear Tia Wood,

Thank you for contacting Online Support.

I sincerely apologize for any inconvenience that you may have received. As previously stated, we cannot remove the 60 day hold on this domain name due to the circumstances. When Registrant contact information was updated on 1/2/2008, this locked the domain name in our system for 60 days. Unfortunately, the domain transfer request for [REMOVED] cannot yet be completed. According to ICANN regulations, a domain name cannot be transferred within 60 days of registration or prior transfer. This lock applies to all domains and all Registrars. In addition, our transfer policies and terms of service prohibit a transfer within 60 days of a change of registrant or domain renewal. We apologize for any inconvenience.

Please let us know if we can assist you in any other way.

Sincerely,

Daniel P.
Online Support Technician

"According to ICANN regulations, a domain name cannot be transferred within 60 days of registration or prior transfer. This lock applies to all domains and all Registrars. "

This is not a newly registered domain name. This domain name was registered on April 11th, 2007 which is way past the ICANN required 60 day lock.

"In addition, our transfer policies and terms of service prohibit a transfer within 60 days of a change of registrant or domain renewal."

I have not changed registrant or renewed this domain. I updated contact whois details because I moved so I could comply with ICANN's policy. Recently, I sold the domain and the new owner wishes to transfer outside of my WWD reseller account which he has every right to do so.

The only way this 60 day lock is implied is because I updated my whois details a few weeks ago. You FORCED me to agree to this policy and WOULD NOT allow me to comply with ICANN's policy unless I agreed to a new 60 day lock. This is indeed against ICANN's policy as outlined below in red and bold so you can see for yourself.

"Registrars that have implemented processes that require registrants
to consent to deny transfer requests in order to update Whois
contact information *are not obtaining voluntary express objections*
and therefore such objections cannot be used as a basis for denying
a transfer pursuant to Section A.3 of the Transfer Policy."

*http://www.icann.org/announcements/proposed-advisory-19sep07.htm

Now again, I ask that you take this 60-day lock off this domain and the following domains that can rightfully be transferred out of WWD as this 60 day lock was forced on these domains against my will:

[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]
[REMOVED]

Tia Wood

1/29/08

Dear Tia Wood,

Thank you for contacting online support.

As previously stated, we cannot remove the 60 day hold on this domain name due to the circumstances. When Registrant contact information was updated on 1/2/2008, this locked the domain name in our system for 60 days. This is not referencing the ICANN policy regarding new domains. This is our policy regarding updates to the domain contact information. You can use the link below to view the domain registration agreement stating this policy. When you made the change to the contact information you checked the boc and entered in to agreement with this policy.

Domain Registration Agreement.

Please let us know if we can assist you in any other way.

Sincerely,
Matthew P.
Online Support Technician

 

I've given up at this point. They don't seem to "get it" that it violates ICANN's policy. I'll be taking further action, talking with several people over the next few days to get something done. Even if it is just awareness.

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