In this case you have to prove it was fraud, and not a contract dispute over
the fact that you sold the domain as part of a package deal and you never
lived up to your end of the contract at all. Thus they are entitled to the
domain since it is their company domain your registered on their behalf for
free, as a freebie for the contract for domain development and hosting that
they wanted. At lot of states have laws that say if you give away something
for free as part of a sale, they can return the item or declare breech of
contract and not have to return the free item. This issue should be
something you consulting with your lawyer about how this point of law may
effect you in your state. Not to mention if the client sues you for loss of
revenue and damage to their business because you didn't perform your
contract duties for web design and hosting in the required time frame, and
now your trying to hold their domain hostage in spite of your breech of
contract, and they want damage and the domain name that they can't just get
another one of, you can't buy another acme.com. The courts would probably
rule since you breached the contract you might loose the domain, since there
can be only one domain. Again you should talk with your lawyer about this.
It isn't as clear cut as you think. You might also want to look at
work-for-hire copyright and contract disputes for something similar as well.
Tim Jung
System Admin
Internet Gateway Inc.
tjung@igateway.net
----- Original Message -----
From: "Bob Pickles" <sales@primechoice.com>
To: <coolfred@coolfred.org>; <tjung@igateway.net>;
<discuss-list@opensrs.org>
Sent: Tuesday, March 14, 2000 10:45 AM
Subject: Re: New Ideas for OpenSRS (or wish list) - Reseller Access
> 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