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Comment by sophacles

5 years ago

Independent of my feelings on this - how is doing exactly what the contract states reneging?

> Namecheap expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Namecheap in its sole and absolute discretion), including but not limited to the following: <SNIP MORE OF THE SAME>

from - https://www.namecheap.com/legal/universal/universal-tos/

Those terms of service documents that no one reads are part of, if not all the of the contract. Most service providers have the same (effectively anyway) clause in them. They also have clauses that allow them to modify their terms of service any way they want.

Unless someone has a different, specifically negotiated contract with the company that states otherwise - this is not a violation rightly or wrongly. This is why a lot of B2B involves contract negotiation that takes a long time, those businesses can't tolerate the instability of a contract that can be terminated or changed on a whim.

I'm aware that almost every registrar has similar terms. However, according to ICANN's registrant benefits and responsibilities page, a registrar can't just take someone's money away. To quote Domain Name Registrants' Rights, Paragraph 3

"You [Domain Name Registrant] shall not be subject to false advertising or deceptive practices by your Registrar or though any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence"

https://www.icann.org/resources/pages/benefits-2013-09-16-en

IANAL, but I'm quite sure that failure to render services for payment counts as an illegal action under consumer protection laws in Russia and elsewhere.