Dispute with Domain Reseller or/and Registrar?

[kriss05]

Hello,

Below is my situation:

During six months I used domain registration services of a some reseller of one of the large registrars. In total I've spent $X,XXX for gtld/cctld registrations.

Few weeks ago, my account has been locked by the registrar. I've been told that the reason was that the registrar hasn't get any money from the reseller for my domains, including those registered by me about six months ago. The registrar says that I have to pay now to them directly if I want to keep my domains. The access to my account and my domains at that registrar is fully restricted now, until I pay them. Nevertheless, all my domains are resolving and whois data is correct, i.e. according to whois data I'm still the owner of my domains. Domains will get expired in 5-11 months.

Most likely, the registrar has been scammed by its reseller so I can sue the reseller in this case.

What I do not completely understand is:

1. According to the ICANN rules, do I have to pay for my domains one more time?
2. What international/national institutions address such issues, excluding ICANN? I'm the US resident.
3. Does it make sense to hire a lawyer and move the case to courts? I understand that I can sue the reseller so I'm trying to understand the registrar's responsibility in this situation.

Any help would be much appreciated.

Regards,

Sergey

[Acro]

Which is the registrar? If they don't have safeguard procedures in place to ensure reseller payments are received, this should not be your problem.

[kriss05]

I'm waiting for some official announcement related to this issue that is expected to be made tomorrow. After that I guess I can disclose the name of the registrar and more details. I can also say that I'm not the only customer who is involved. There are at least few tens of such customers.

[Acro]

Just noticed it's about ccTLD's - this complicates things if the registrar is not in the US. Get a lawyer's opinion.

[kriss05]

Just noticed it's about ccTLD's - this complicates things if the registrar is not in the US. Get a lawyer's opinion.

The registrar has few branches, that one which is registrar for gtlds is located in the US.

[katherine]

Registrars are bound by a registration agreement with Icann, but resellers are not. That is one of the reasons why resellers should be avoided.

[kriss05]

But are we responsible for reseller's nonpayments?

[katherine]

The problem is that the transactions are between you and the reseller. In my understanding the registrar has no real responsibility toward you.
Probably all the registrar can do is pressure the reseller but he could have shut down business in the meantime.
I suppose that the reseller had a credit account with the registrar, for that reason your domains were registered before they were even paid for. So I would first ask: how come the domains are registered since they didn't get paid in the first place.

[kriss05]

Well, to my knowledge, the reseller had to pay monthly to the registrar and, indeed, this is kind of credit account. And, indeed, the registrar says: we don't have a responsibility toward you, you have to deal with the reseller on this matter. So I will, but it probably takes time and so on, whereas I have to pay to the registrar quite soon, there is a kind of deadline.
So at present the main question for me is: if the registrar hasn't secured payments for almost half an year and now claims I have to pay for the domains I've registered even five months ago, doesn't this fact say that the registrar is also responsible for this situation?
My domains were resolving all the time, there were no troubles at all, the registrar is well-respected company: if so, I trusted in this registrar so I paid more and more and this was a consequence of the fact that everything was OK for 5-6 months.

[katherine]

Are you able to get in touch with the reseller ?

[kriss05]

Yes but at present, due to large amount of customers involved, no way I will get moneyback in the near future. Moreover, there is also no guarantee at all that I will get my money back from the reseller ever, if I don't start legal actions against them. They are located in different country, they are trying to make me wait for few months without any guarantees etc.

At the same time, I have around two weeks to pay for my domains to the registrar, otherwise I can loose all my domains for ever.This complicates overall situation.

[Moody]

Hire a laywer..prepare your credit card statements and any evidences you have. Also try to file a complaint with ICANN.

All the best.

[kriss05]

More information can be found here

[mediawizard]

I don't see why you're responsible for a business arrangement between a registrar and their reseller.

You paid the reseller, now its upto the registrar to collect from the said reseller, if they haven't already - its in their ICANN contract. If they 'cancel' or 'delete' your domains after the period they've mentioned, they civil liabilities they open themselves upto would be scary for any reasonable and legal business.

Basically the registrar is blackmailing by holding your domains to ransom because they probably didn't or can't collect from the reseller, this has to be illegal imo. Since there are like 10k domains affected, think you should all band together and pursue this with the the authorities via civil and criminal action wherever the registrar and reseller are based.