Bravo, and well said.
In order for a contract to be legally binding, all aspects of the contract
must be followed. If proper payment terms is included in the contract then
improper payment would be a breach of contract.
If a person passes a bad check, then I think there are different rules
about regaining the goods. But in the case of a Fraudulent charge,
especially with CC fraud, I believe the contract is breached. The seller
at that point can exercise rights within the contract to remedy the situation.
Teeth for Enforcement:
Modify your contract to specially mention
fraudulent payment are a breach of contract.
RSP(s) Not opensrs, modify their registration process to generate
two passwords, one for the customer and one for Opensrs.
Then modify the front-end to manage.cgi to take the the client passwd,
and retrieve and use the opensrs passwd to manage the record. This
solves two issues, the breach of contract issue, and the lost passwd
issue. I've already implemented this so folks can loose the passwd,
and change their e-mail addresses all the want. I can, with a few
clicks
send them their old passwd. Of course, I had to modify manage.cgi,
to change "my" copy of the passwd, and of course the passwords are
secure
on my machine.
Regarding the contract change and remedy, I've posted that
question before
and not received feedback from Opensrs. I suspect that Scott/Ross
et-all are
following this, but necessarily remaining silent as this is a
legal issue
that other opensrs folks must deal with.
At 07:04 AM 3/14/00 -0800, Coolfred Internet Services wrote:
>Never say 100% unless you are willing to bet your life on it!:-)
>
>A domain name is not a perishable property such as food or gas. It is a
>considered a company asset (ask your accountant about the difference). So
>your analogy to food and gas is 99.99999% wrong. Additionally, yu are
>again wrong about using false credit cards to travel. I doubt it you will
>be able to fly American Airlines if you used bogus credit crads to buy the
>ticket, at best, instead of an airplane you will have cops waiting for you
>on Gate 1!!! Can you buy a house with fake credit cards and keep it? How
>about a computer? What about a webhosting plan from company ABC? You
>better have answered "NO"! A domain name is not any different from a
>webhosting package, a computer part or a company car.
>
>Farhad Sadeghi
>Coolfred Internet Services
>http://www.coolfred.net
>
>
>--- Tim Jung <tjung@igateway.net> wrote:
> >Sorry but your 100% wrong here. This is the policy and risk you accepted
> >when you decided to take credit cards. This is true in lots of industries.
> >If someone buys a steak dinner, a few books at the bookstore and some gas
> >for their car on my stolen credit card or stolen credit card number, then
> >the bookstore, restaurant, and gas station are all out of luck. I don't pay
> >for any of that and they lost out. Same thing is true in the travel industry
> >as well. The credit card company will just have one question
> >ultimately......do you have signed copy of the imprint of the card and did
> >you swipe the card for the transaction....NO? Well then here is one charge
> >back, your welcome. That is the policy of the credit card companies like it
> >or not.
> >
> >Tim Jung
> >System Admin
> >Internet Gateway Inc.
> >tjung@igateway.net
> >
> >
> >----- Original Message -----
> >From: "Coolfred Internet Services" <coolfred@coolfred.org>
> >To: <bscott@stockdogsaction.com>; <discuss-list@opensrs.org>
> >Sent: Thursday, March 02, 2000 9:07 PM
> >Subject: Re: New Ideas for OpenSRS (or wish list) - Reseller Access
> >
> >
> >> Customer sends you a bad check or uses a bad credit card to buy 10 domains
> >for 10 years. As soon as you get the authorization number or the check you
> >release the password to the customer and lose control over the domains. 30
> >days later you get a charge back on the credit card after the real owner
> >sees their monthly statement. So you are already out $20 to $30 for the
> >chargeback depending on your merchant account. but of course you can't get
> >your hands on the domains and OpenSRS has already charged you $1000 for the
> >domains. So how are we exactly supposed to recover this loss? would Tucows
> >reimberse the $10 if a domain goes in default and is not paid for?
> >>
> >> 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.
> >>
> >> OpenSRS admins should seriously reconsider this policy. I for one, would
> >volunteer my services as an arbitrar, if a customer claims that a reseller
> >is being abusive of the power they are given. If a committee is setup and
> >that committee looks after this, then what is the problem?
> >
> >[snip]
> >
> >> Farhad Sadeghi
> >> Coolfred Internet Services
>
>_____________________________________________________________
>Get your Free Email address at http://freemail.coolfred.org brought to you
>by http://www.coolfred.net
This archive was generated by hypermail 2.1.3 : Tue Oct 19 2004 - 23:35:24 EDT