there is of course another aspect -- those persons who think they can run a
strictly online business with no recourse to traditional institutions like
U.S. District Court, or local courts, have their head in the sand. Just
place a clause in the contract that reads something to the effect that
should the ordering party fail to pay, or the sale was in any way
fraudelent, or a check bounces, etc. all the rights, including any trademark
rights, to the domain name immediately revert to you. Include sufficient
fines or buyback provisions, like a $1000 plus reasonable attorney's fees,
and then turn it over to an attorney for collection on a contingency basis.
The attorney will "sue the domain" under recent law, and also the
perpetrator in your local court, which by contract is the locale of
authority, get a default judgement, collect out of state, etc. ruin their
credit, etc. One of my clients, who is one helluva nice guy in business
went for 16 months without paying the other hosting company, the hosting
company neglected to bill him. He only pays me like clockwork ten days
after he receives a bill in the mail. I have raised his monthly fee to
compensate without complaint. If you are dealing with uncollectabe clients,
like the IMF did with Russia, you deserve to get stiffed.
----- Original Message -----
From: Eric Smith <eric@brouhaha.com>
To: <discuss-list@opensrs.org>
Sent: Friday, March 03, 2000 2:43 PM
Subject: Re: New Ideas for OpenSRS (or wish list) - Reseller Access
> Coolfred Internet Services <coolfred@coolfred.org> wrote:
> > It is rediculous to say this is "the risk" you must accept and this is
like
> > "any other business". If a guy doesn't pay for his hosting account, I
simply
> > lock his account. But to recover, say $1000, you would have to sell a
100
> > domains for $20 to recover this loss.
>
> It's not the least bit ridiculous. All normal businesses have to deal
with
> some amount of sales being fraudulent and uncollectable. There's no
reason to
> expect that a domain registration business wouldn't have the same problem.
>
> If you want to avoid it, only accept checks and money orders, and do not
> register the domain(s) until you've confirmed with the bank that the
> funds have cleared. At that point there is no way for the remitter to
> call them back. Of course, you're going to have a hard time finding many
> customers if you do business this way.
>
> > OpenSRS admins should seriously reconsider this policy.
>
> What do you want OpenSRS to do about it? They're certainly not going to
> assume the liability or risk for your business dealings with your
> customer. That *would* be ridiculous.
>
>
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