A client having knowledge of the existence of the registrar does not bind
them to a contract.

Having a reseller agreement with a registrar does not bind the registrant to
a contract with a third party (the registrar).

The only contracts I can see are between the reseller and the registrant or
the reseller and the registrar, there is none between the registrant and the
registrar unless the reseller has Power of Attorney or it is acceptable for
a reseller to act on behalf of a registrant.

I'm basing this on the already stated legal opinion in this fora that a
contract between the reseller and the registrant is not acceptable as
authority to act on behalf of the registrant.

IANAL, but I ain't stupid either.

alwyn

----- Original Message ----- 
From: "Domain Registration Services" <mail&#167;domainregistration.com.au>
To: <dns&#167;lists.auda.org.au>
Sent: Tuesday, June 24, 2003 10:22 PM
Subject: [DNS] Registrant Agreements


The registrant *must* have knowledge of the Registrar as they have to enter
into a Registrant Agreement with that Registrar. Surely this would be stated
in your Reseller Agreement?.

If you're providing a *service* for your clients one would imagine you'd
ensure the domains are registered in line with relevant policy.

http://www.auda.org.au/docs/auda-registrar-agreement.pdf
10. REGISTRANT AGREEMENTS
10.1 Registrant Agreement
The Registrar must:
10.1.1 enter into a binding and enforceable Registrant Agreement with
each of its Registrants upon approval of the Domain Name
Application; and
10.1.2 comply with the provisions of the Registrant Agreements.

15.3 Responsibility of Registrar
The Registrar is responsible for all acts and omissions of its Reseller in
respect of services provided under the Reseller Licence as if they were the
acts and omissions of the Registrar under this document.



Regards,

Jacqui Maiolo





-----Original Message-----
From: Alwyn Smith [mailto:alwyn&#167;st.net.au]
Sent: Tuesday, 24 June 2003 6:39 PM
To: dns&#167;lists.auda.org.au
Subject: Re: [DNS] Enetica

<snip>

Resellers, in the main, act on behalf of the registrant when registering a
domain name and this process does not involve the registrant knowingly
entering into any contract with the registrar.  A registrant can not be
legally bound by a contract they have no knowledge of and most definitely
have not directly entered into, this has already been established by the
fact that resellers have no status with auDA and cannot be legally acting on
behalf of a registrant.

<snip>


alwyn




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