COMPLAINT FROM A .BE DOMAIN NAME HOLDER AGAINST A REGISTRAR
The basic task set DNS BE is to ensure that the addressing process using .be domain names operates properly and is available at all times. In addition to this, DNS BE handles the registration of all .be domain names and makes the infrastructure for registering domain names available to what are known as registration agents ("registrars"). The registration and management of domain names is carried out via registrars and not directly by DNS BE. DNS BE has an independent contractual relationship with the various registrars (via the registrar agreement). In addition to this, and entirely independent of the agreement between DNS BE and the registrars, agreements are entered into between the registrars and their customers/domain name holders. As a result, DNS BE is not a controlling body that is able to monitor the contractual obligations between the registrar and the domain name holder. Nor can it conduct checks on the domain name holder or apply sanctions, if necessary. DNS BE has no rights or authority to act in a regulatory manner as a third party with regard to agreements entered into between the registrar and the domain name holder. On the contrary, acting in such a way could place DNS BE's liability in jeopardy. Also, a complaint from a domain name holder against a registrar is only admissible if there has been a shortcoming on the part of the registrar that also implies a breach of the registrar agreement. If that is the case, DNS BE.s role is restricted to investigating the complaint further. If the dispute between a party and a registrar has nothing to do with this agreement, DNS BE is unable to take any action. This means that any problems relating to the invoicing of specific services, or the quality of the services provided that extend further than just the management of the domain name (such as hosting) will not be ruled on by DNS BE. This does not prevent the parties from lodging a claim for damages with the relevant court. If in addition to being admissible the complaint is also deemed to be justified and serious, DNS BE will serve the registrar in question with notice of default to comply with its contractual obligations. Dependent of the seriousness of the complaint(s), DNS BE may consider dissolving the registrar agreement or refuse to extend it when it expires (one year). Let's take a look at some of the situations that occur most frequently:DNS BE cannot under any circumstances intervene in the following cases:
- if you have a dispute with your registrar regarding the invoicing of the registrar's services;
- if you have a dispute with your registrar regarding one or more domain names with an extension other than .be;
- if you feel you are not receiving sufficient support from your registrar or if your registrar does not have a properly developed helpdesk;
- if you have a dispute with your registrar regarding services that do not involve the registration or straightforward management of a domain name. For example, hosting your website, creating a website, the link between a domain name and a website, setting up and linking mailboxes, etc.
- if you have a dispute with your provider who is not a DNS BE registrar, but instead is an intermediary acting between you and the actual registrar (what's known as a "reseller").
However, DNS BE can intervene if you come up against the following problems:
- your registrar has not submitted the general terms and conditions of DNS BE to you for acceptance;
- during the registration process your registrar has not forwarded your details, so that according to WHOIS, you are not the holder of the domain name in question;
- your registrar has provided its own e-mail address during registration and not your own, whereas in no way have you asked the registrar to do so;
- your registrar (or the persons or companies associated with your registrar) are guilty of "warehousing" i.e. the registering of a stock of domain names without having been asked to do so on behalf of one or more users;
- your registrar has carried out an operation that results in your domain name suddenly belonging to someone else without complying with the correct DNS BE procedures (known as a TRADE transaction).
