Подача жалобы на NameCheap в ICANN

My name is Ivan Ivanov (Full Name) and I am contracted to use the services of the registrar NameCheap, Inc. (IANA Number 1068):

Login (system name): NICKNAME

Registered domains:

SITE.COM

SITE1.COM

SITE2.COM

etc.

All agreements made with NameCheap, Inc., including those of a financial nature, have been fully complied with on my part. I have fully complied with the policies of NameCheap, Inc. and ICANN, and I have not engaged in any illegal activities.

However, on 28.02.2022 I received a notice that NameCheap, Inc. is unilaterally terminating my registrar services "due to the Russian regime's war crimes and human rights violations in Ukraine". At the same time, from the letter of NameCheap, Inc. it follows that the termination of cooperation will affect all persons registered in Russia, with few exceptions.

In my opinion, such attitude to all citizens of Russia is manifestly unfair and leads to discrimination on the basis of nationality, which is inconsistent with the declared ICANN values of respect for diversity. The ICANN community members represent all countries of the world, and the fact of this diversity means that different perceptions of disputes and conflicts should be respected.

At the same time, the management of NameCheap, Inc. is clearly aware that ordinary citizens of Russia are unable to influence the actions of their government, and actually punishing them without any fault on their part. Such a rigid, peremptory approach to resolving a dispute may be indicative of some sort of vested interest or personal animosity on the part of the company's management.

It should also be taken into account that neither the US Government nor the governments of other countries have imposed any sanctions or restrictions on Russia in relation to the functioning of the Internet.

NameCheap, Inc. is accredited by ICANN and is bound by its registrar accreditation agreement to abide by ICANN policies and share its values.

During the accreditation agreement period, Registrar (NameCheap), Inc. undertakes to perform registrar functions in accordance with the terms of this agreement (clause. 3.1).

If ICANN adopts a consensus-based specification or policy among ICANN-accredited registrars through a registrar stakeholder group (or any group thereafter established) by which a code of conduct for ICANN-accredited registrars is adopted or endorsed, Registrar (NameCheap, Inc.) will be bound by such code of conduct (clause. 3.7.1).

During the term of the accreditation agreement, Registrar (NameCheap, Inc.) is obligated to comply with and enforce all existing negotiated policies and interim policies that have been published as of the effective date of this agreement and that may be subsequently established and adopted under ICANN Bylaws, provided that such future negotiated policies and interim policies are adopted in accordance with current procedures and are relevant to the subject matter, and subject to the limitations set forth in the specification of negotiated and interim policies attached to this agreement (clause 4.1.).

ICIANN has adopted a Treaty Compliance Program, one area of which is equal access to registration services and a code of conduct.

This area includes the obligations of registries in the form of an agreement on the administration of new gTLDs to ensure equitable access to all registries without discrimination as well as use of uniform agreements with all registries without discrimination.

Relevant provisions include Section 2.9a and Specification 9 of the agreement on the administration of new gTLDs.

ICANN monitors compliance with these provisions through complaints and external resources as well as reviewing the required annual certificates.

I believe that the accredited registrar (registry operator) NameCheap, Inc. (IANA Number 1068) has committed violations of its contractual obligations and code of conduct.

I ask you to figure out and protect my rights and freedoms that have been violated and restore the rule of law and justice. A free internet and freedom of information is an essential part of democracy, do not let ethnic racism ruin it.

Respectfully,

(Full Name).