[registrars] Posting from NeuLevel w/r/t .BIZ Round Robin process

["Michael D. Palage" <michael@palage.com>]

This posting is being made on behalf of Jeffery Neuman, Director of Policy
and Intellectual Property at NeuLevel.

Best regards,

Michael D. Palage






Bhavin,

Thanks for your questions.  I have responded below in ALL CAPS:

-----Original Message-----
From: Bhavin Turakhia [mailto:bhavin.t@directi.com]
Sent: Friday, January 11, 2002 4:20 PM
To: Registrars@Dnso. Org
Cc: NeuLevel (Fernando)
Subject: .BIZ Round Robin process


Neulevel sent their .BIZ Round Robin updates 2-3 days ago. Was studying the
same and found the following in the amendment -

".... Registrar will not charge any domain name applicant a
fee for the application for a .BIZ domain name through the Round Robin
Selection Process. Registrar agrees that any fees charged through such Round
Robin Selection Process shall be at Registrar's own legal risk, and
Registrar
agrees to defend and indemnify Registry Operator pursuant to Section 6.1."


The first portion of this paragraph states "Registrar will not charge any
domain name applicant fee. The second portion states that if a Registrar
charges any such fees they would be at their own risk. I am therefore
confused whether a Registrar may or may not contractually charge the
applicant.

THE GENERAL RULE IS THAT A REGISTRAR MAY NOT CHARGE FOR AN APPLICATION.
HOWEVER, BECAUSE WE, THE REGISTRY, CANNOT PHYSICALLY PREVENT ANY REGISTRAR
FROM DOING SO, IF IT TURNS OUT THAT A REGISTRAR ACTUALLY DID CHARGE FOR AN
APPLICATION, THEN THE REGISTRAR SHALL BE RESPONSIBLE FROM ANY RAMIFICATIONS
ARISING OUT OF ITS ACTIVITIES DURING THE NEW APPLICATION PROCESS.

Additonally I have the following comments, and was hoping to see what other
Registrars have toi say about this and what they are planning themselves -

1. considering we have already spent considerable money in the initial DNA
phase, and then further spent money in refunding the applciation fees, and
now will again spend money in a new integration process for the round
robin - as well as huge marketing and support costs in trying to explain to
customers the continuous changes in policy - it would be inhuman and totally
unfeasible to not charge applicants for domain names in this round robin
process.

2. considering that this process is similar to the .info landrush and
various registrars had various different queue sizes and applciation fees
for .info I dont see why one may not charge fees for the efforts taken by a
registrar in this scenario, after all its not like we are doing absolutely
nothing.

WHILE WE UNDERSTAND THAT MANY REGISTRARS WOULD LIKE TO CHARGE, WE JUST DO
NOT BELIEVE THAT IT WOULD BE APPROPRIATE GIVEN THE CIRCUMSTANCES THAT WE ARE
NOW IN.

are any of the other registrars plannign to offer the new round robin
process free of cost?