FWD: clc-e-contract,

[Eric Brunner-Williams in Portland Maine <brunner@nic-naa.net>]

This from the Cyberspace Law Committee - Electronic Contracting list.

In a nutshell (tm), registrANT is auto-billed for renewal by registRAR.

See also:
http://www.dnso.org/wgroups/wg-review/Arc02/msg01003.html

We've discussed some aspects of temporal scope of registrations, anyone
have any thoughts on persistence and renewal?

Eric

------- Forwarded Message

Dear Clickwrap team:

Here is a real life example of click-assent that interests me.   Last year
I registered a domain name with a domain registrar.  I used a credit card.
Now the domain is about to expire.  I got the following fascinating e-mail
from the registrar.

Perhaps this will give us something to discuss in Philadelphia.
   *  The gist of it is that they will do me the kindness of AUTOMATICALLY
running the charge back through my last year's credit card data, to renew
for another year,  UNLESS they get an affirmative instruction from me NOT
to do so.
   *   As I recall, the applicable terms and conditions document a year ago
did not give them permission to eterna-charge me, but I will seek further
verification of this point.
   *   I have a bunch of fun screen shots I will bring to Philly, to show
you what happened when I went to the registrar's site to attempt to turn
off this auto-credit-sucking-device.
   *   Bear in mind that, from this company's point of view, arguably I am
a consumer.
   *   Bear in mind that credit card systems have rules and contracts that
overlay  the law there, so there may be more operating here than just statute.

Yours in the spirit of exploration,  Jamie Clark

James Bryce Clark
Spolin Silverman & Cohen LLP
310 586 2404    jbc@lawyer.com

>From: renewals@xxxxx.com
>Subject: Important information about your domain name!
>To:
>Date: Thu, 22 Feb 2001 06:30 -0500
>
>James Clark,
>
>The domain name(s) listed below will expire and be automatically
>renewed on:  MAR 01, 2001.
>
>In order to protect your online identity, it is recommended that
>you renew your domain name(s) now using the link(s) below. You
>can renew your domain name(s) today using xxxxx's easy
>Quick Renew feature. Click on the link(s) below or copy/paste
>the appropriate link (which may be broken into two lines) into
>the Address or Location field of your Web browser for each domain
>name you would like to renew:
>
>*****************************************************************
>Expiration Date: MAR 01, 2001
>
>nlicense.net
>https://secure.xxxxx.com/renewals/?_crypt_=0d42f3ecaa087741777a70e970c209ex
yz123abcetc
>&

* * *

[additional domain names and renew-URL-links omitted]
>
>*****************************************************************
>
>In an effort to protect your online identity, Xxxxx is
>providing SafeRenew(tm) Automatic Renewal Service for your domain
>name(s). This means that upon expiration, we will automatically
>renew your domain name(s) and attempt to charge the credit card
>on file for your domain name(s) for one additional year of
>registration at $35 per name.  This new service will ensure that
>your domain names are secured in the registry for one additional
>year from the current expiration date.
>
>Xxxxx's SafeRenew Service will attempt to charge the
>most recent credit card on file for your domain name(s) upon the
>expiration date of the name(s). To verify that your billing and
>credit card information is current, please log into Domain
>Manager at http://mydomain.xxxxx.com and click on the Billing
>Contact link.
>
>If you do not wish to use xxxxx's SafeRenew Automatic
>Renewal Service, you must visit the following URL and log in to
>disable this service for your domain name(s):
>
>https://secure.xxxxx.com/renewals/disable_saferenew/
>
>Note: If you have already disabled xxxxx.com's SafeRenew
>Service, and have received an email notice confirming that you
>have disabled the service, you do not need to take any further
>action to disable SafeRenew for the domain name(s) listed above.
>Please keep in mind that if you do not disable SafeRenew for your
>domain name, xxxxx.com will attempt to renew the domain name
>registration upon expiration of the name.
>
>For more information on renewing your domain name(s) through
>xxxxx.com, please visit:
>
>http://www.xxxxx.com/faq/renewal.cgi
>
>To contact a Customer Support representative online,
>please visit:
>
>http://www.xxxxx.com/create_ticket.cgi?
>
>Or call:
>Toll free in the U.S. and Canada: (877) xxx-xxxx
>Outside the U.S. and Canada: +1 (212) xxx-xxxx
>
>All domain name registrations and renewals are subject to the
>terms and conditions of our Services Agreement, which can be
>found at:
>
>http://www.xxxxx.com/service-agreement.cgi
>
>Thank you for using xxxxx . . .
>
>Customer Support
>Xxxxx
>. . .
>
>- Copy and Pasting Instructions -
>
>Highlight the URL with your cursor. Once you have highlighted the
>URL, hit CTRL + C (for Mac "Open Apple" + C) to copy the
>highlighted area.
>
>Open an Internet browser window and click in the Address or
>Location field. Hit CTRL + V (for Mac "Open Apple" + V) to paste
>the URL into the address field.  If necessary, repeat this
>process with the second line of the URL. Please be sure to delete
>spaces if there are any embedded in the URL - otherwise you will
>not be able to connect to the proper page.
>
>Once you have entered and looked over the URL, hit the 'Enter' or
>'Return' key on your keyboard. The Web page displayed will allow
>you to renew your domain name(s).
>
>Notification ID: 123456789

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