NSI's performance as a TLD registrar has been proven countless times to be sub-standard,
exclusionary, predatory of its perceived "rights" to TLD registration, and on the
whole a poor example of registrar behavior. This can be compared to many, many examples
of excellent and beneficially competetive performances by many other TLD registrars.NSI's
sub-standard performance should be grounds for declining to renew its exclusive contract
for the .com TLD.
Quoted from the original agreement between NSI and ICANN:
3.
General Obligations of NSI.
(A) During the Term of this Agreement:
(i) NSI agrees
that it will operate the registry for the Registry TLDs in accordance with this Agreement;
(ii)
NSI shall comply, in its operation of the registry, with all Consensus Policies insofar
as they:
(a) are adopted by ICANN in compliance with Section 4 below,
(b) relate
to one or more of the following: (1) issues for which uniform or coordinated resolution
is reasonably necessary to facilitate interoperability, technical reliability and/or
stable operation of the Internet or domain-name system, (2) registry policies reasonably
necessary to implement Consensus Policies relating to registrars, or (3) resolution
of disputes regarding the registration of domain names (as opposed to the use of
such domain names), and
(c) do not unreasonably restrain competition.
(B) NSI
acknowledges and agrees that upon the earlier of (i) the Expiration Date or (ii)
termination of this Agreement by ICANN pursuant to Section 14, it will cease to be
the registry for the Registry TLDs, unless prior to the end of the term of this Agreement
NSI is chosen as the Successor Registry in accordance with the provisions of this
Agreement.