WhoIs Privacy and transfers away from registrar

Problems associated with retaining privacy during transfer

[eskipii]

I have X amount of domains at GoDaddy and I want some transferred to another registrar. The domains have privacy.

Their agreement states that even though the domains have privacy I can transfer the domains (privacy won't be transferred just the domain).

Their agreement also states: "At no point in time during the registration process will your personal information be revealed in Whois."

So I tried to transfer to the new registrar.
1. First they(GoDaddy) told me that I have to remove the privacy because I won’t receive the emails from Domain by Proxy, I contacted Domains by Proxy and they said that this would not be a problem as they forward all emails from the new registrar.

I approved the transfer emails and now GoDaddy is telling me that if I want to transfer I have to remove privacy, making the Whois information public.

2. Now GoDaddy is saying that this has to be done this way "because it was how their system was setup". (which goes against their agreement)

I used this example, I purchase domains with privacy at GoDaddy and I sell them, are they(GoDaddy) saying that before I can transfer it to the new owner, I have to remove my privacy? (When you agreement says that my information will remain private)

Anyone else has had this kind of problem with GoDaddy?

[wmuser]

I heard that a few other people had a similar problem,usualy you need to remove your privacy befor eyou can transfer the name away,otherwise the registry cant be sure that the transfer request is coming from a real registrant

[eskipii]

yes this is one of the things I was first told, but after more investigating, this is not an issue since DomainsbyProxy will forward all the emails.

Also, in GoDaddy's agreement they say that domains that have privacy CAN be transferred, just the privacy will not be transferred. So they are not following the terms in their own agreement.

[stu2]

Of course, this is outrageous. I have even heard that when you remove the privacy, the domain is locked because of their internal 60 day hold rules for any changes to the Registrant Information.

Personally, I'd ask the buyer to open a GoDaddy account so you can push the domain into their account. I'd undo the privacy, put the buyers info, and push it to their GoDaddy account. If the buyer doesn't want a GoDaddy account, I'd put their info in the whois and and make any changes to the dns they request, and let them wait it out.

[eskipii]

stu2, thanks for that info.

I contacted GoDaddy and asked them if that was correct and they said yes. But they would remove the 60 day hold so I can transfer them as long as I don't change anything info after I remove the privacy. (I’ve asked them what info is shown on the registration since that was filled out by their account rep.)

If I am forced to remove privacy because GoDaddy does not abide by their own terms of agreement I wonder if that’s breach of contract by GoDaddy. I'm going to contact AMEX and see regarding chargebacks for all privacy I have paid GoDaddy since they are clearly not providing the service as they describe them in the GoDaddy Domains by Proxy Terms.

[stu2]

I would seriously tell you to DON'T DO THAT. Even if you threaten to make a chargeback you'll have your entire account locked. It's like digging a hole for yourself and then jumping in, on an island with no other inhabitants. Best you can do is live with this as best you can until you can arrange to move your business elsewhere. Actually nowhere else ia 100% perfect either when you're talking about whois privacy. You will always have to have some kind of whois info before and after privacy is applied. The only thing you could do to sheild you from that is to temporarily have some false info in there for a temporary period.