Update on my Hostess rejection
I gave up waiting for Hostess to approve the registration and registered the name through Netregistry (who I understand owns Hostess?).
There were no problems with Netregistry.
Someone on this forum advised to just use another registrar however if you review registration policy most registrars seem to have this clause:
" you have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
- you are relying upon the same eligibility criteria for both domain names, and
- the Domain Name has previously been rejected by the other registrar, and"
This scared me off last time this happened to us and I ended up losing the domain, more on this in a second.
I could not see the above clause in Netregistry's agreement and regardless they are the registrar that Hostess uses so they are not 'another registrar'.
This is not the first time we have experienced this with Hostess. I would guess that it has happened on 1-2% of our registrations through them. And it seems to happen on names that you would expect you would have the least issues with.
I would really like to understand what registrars / re-sellers are obliged to check in regards to close and substantial connection. The rejections I have had although few, seem to be very random in nature. Surely they are not checking for an obvious link between the organisations name and domain name? So many domains are registered with no obvious relationship. And do they really have the resources / skills to review business / company names / trademarks / common law trading etc.!? Obviously Drop / Netfleet will register any name for anyone as long as they have registered with ACN/ABN etc.
Of particular concern to me is that in the time it can take to go through the rejection process the name is free to be registered by anyone else so I see this as a flaw in the 'first come first served' basis. Some months back we lost a domain that had initially been rejected by Hostess. By the time they approved it, it had been registered by an entity that appeared to be a re-seller of TPP Internet who I understand are also under the Online Growth Solutions umbrella along with Hostess / Netregistry.
We did make a complaint to auda and we were:
- assured that the .au domain name allocation is conducted on a first come first served basis. I disagree because we applied first but lost the name while Hostess screwed about.
- informed that resellers are allowed to register domains for their own use according to para 4.4 of
http://www.auda.org.au/policies/auda-2004-04. Now, the domain in question was not related to web / domains / hosting etc. but 4.4 has no restrictions.
- in regard to our comment about possible collusion between resellers / registrars resulting in the pending Hostess registration being registered by another entity with a re-seller relationship to an OGS owned registrar we were asked if we had any documentary evidence which of course we do not.
Since I became aware of 4.4 I have never checked availability of a .au name on a domain re-seller website!
All I would like to see is consistent application of policy by all re-sellers / registrars.