Premium domains are classified as premium by registrys. A registry owns a TLD, such as .love[1], and tells the registrars (Namecheap, GoDaddy, Cloudflare, etc) that it's premium either when they try and register it, or they keep an updated text file of them usually. ICANN decides which registrys own which TLDs.
When Namecheap tried to register your domain, they were told by Merchant Law Group LLP[2] that the domain you (the registrant) want is actually premium, and the real cost of it is $1,950. I assume Namecheap simply used the current normal price, and when they find out it's premium, they update the cost.
While we're on the topic, it might interest you to know that ICANN actually has regulations preventing registrys, such as Verisign (.com, .net, etc) and Merchant Law Group LLP (.love), from changing the price of renewal from normal to premium. This is to prevent something like, a registry letting a registrar let you buy your TLD for $7.99, but then the registry arbitrarily tells the registrar "the domain is now premium and the renewal cost is $2,000."
Normally this would be prevented via ICANN regulations (that registrys agree to, otherwise they lose their TLDs), except there is a stipulation. The registrant (that's you, or whoever is buying the domain), can voluntarily forgo and surrender these rights in a written statement. Coincidentally, all the registrars (Namecheap, GoDaddy, etc) have this written stipulation in their contracts, that you must to agree to in order to be able to purchase a domain. This means that registrys can arbitrarily change an already registered domains status from non-premium to premium.
The real question is why do the registrars do this for the registrys? They are supposed to be separate companies and entities entirely and prevent things like this from happening. I imagine it's because registrys can pick and choose which registrars are able to sell their TLD. So if a registrar refuses to add this in their agreement with you, then the registry simply denies the TLD request by the registrar.
> Normally this would be prevented via ICANN regulations (that registrys agree to, otherwise they lose their TLDs), except there is a stipulation. The registrant (that's you, or whoever is buying the domain), can voluntarily forgo and surrender these rights in a written statement.
Could you cite the language in the Base ICANN registry agreement that allows registrants to waive the need for "clear and conspicuous" disclosure of the renewal price at time of initial registration?
> Coincidentally, all the registrars (Namecheap, GoDaddy, etc) have this written stipulation in their contracts, that you must to agree to in order to be able to purchase a domain.
Likewise, could you cite a registration agreement that waives the need for "clear and conspicuous" disclosure of the renewal price?
> I imagine it's because registrys can pick and choose which registrars are able to sell their TLD. So if a registrar refuses to add this in their agreement with you, then the registry simply denies the TLD request by the registrar.
The Base ICANN Registry Agreement doesn't allow registries to "pick and choose" registrars, see 2.9(a): "Registry Operator must provide non-discriminatory access to Registry Services to all ICANN accredited registrars that enter into and are in compliance with the registry-registrar agreement for the TLD; provided that Registry Operator may establish non-discriminatory criteria for qualification to register names in the TLD that are reasonably related to the proper functioning of the TLD. Registry Operator must use a uniform non-discriminatory agreement with all registrars authorized to register names in the TLD (the “Registry-Registrar Agreement”)."
I think you may be misunderstanding the registrant right I'm talking about. ICANN regulations state that a registry cannot arbitrarily change a domain status from non-premium to premium and start charging a renewal price of thousands versus the normal usual price that's tens of dollars.
The ICANN Registry Agreement[1] sets the rules and regulations that a Registry has to abide by in order to be able to apply for the rights to a TLD. Section 2.10(c) states that the Registry must charge a renewal price that is the same as they charge every other domain registration on the same TLD. Meaning that they can't suddenly decide your domain is premium after you've already registered it. The renewal price must always be the normal common price.
But, further down the section you'll see that
>"2.10(c) shall not apply for..."
>"The parties acknowledge that the purpose of this Section 2.10(c) is to prohibit abusive and/or discriminatory Renewal Pricing practices imposed by Registry Operator without the written consent of the applicable registrant at the time of the initial registration of the domain and this Section 2.10(c) will be interpreted broadly to prohibit such practices."
In summary, the point of this section is so that unless you explicitly agree to it in written statement, Registries cannot change your domain status from non-premium to premium after you've already had it registered as non-premium.
However, Registries have bypassed this section by (speculation here) requiring Registrars to have Registrants waive these rights granted by ICANN, otherwise Registries simply deny access to their TLD.
I believe all of the Registrars have this hidden somewhere in their agreements last I checked. Here's Cloudflare as an example. Their Domain Registration Agreement[2] Section 8.6. You agree to waive section 2.10(c) by allowing variable and non-uniform renewal pricing.
The relevant text, which was elided from your quote, is (emphasis added):
"The foregoing requirements of this Section 2.10(c) shall not apply for (i) purposes of determining Renewal Pricing if the registrar has provided Registry Operator with documentation that demonstrates that the applicable registrant expressly agreed in its registration agreement with registrar to higher Renewal Pricing at the time of the initial registration of the domain name following clear and conspicuous disclosure of such Renewal Pricing to such registrant,"
So the registrant can waive the right to uniform renewal pricing via text in the registration agreement, but only if there is "clear and conspicuous disclosure" of the renewal pricing. You haven't cited any text that would waive away this disclosure requirement.
The issue isn't with disclosure, as it's up to the registrant to read the contracts they agree to, and it's clearly disclosed in every agreement. You also don't waive the right to disclosure, you waive the right to uniform renewal pricing, but the point is that it's supposed to be optional for the registrant.
Registrants aren't given the option, Registrars force them to agree to a contract that waives this right.
When Namecheap tried to register your domain, they were told by Merchant Law Group LLP[2] that the domain you (the registrant) want is actually premium, and the real cost of it is $1,950. I assume Namecheap simply used the current normal price, and when they find out it's premium, they update the cost.
[1] https://icannwiki.org/.love [2] https://icannwiki.org/Merchant_Law_Group_LLP
While we're on the topic, it might interest you to know that ICANN actually has regulations preventing registrys, such as Verisign (.com, .net, etc) and Merchant Law Group LLP (.love), from changing the price of renewal from normal to premium. This is to prevent something like, a registry letting a registrar let you buy your TLD for $7.99, but then the registry arbitrarily tells the registrar "the domain is now premium and the renewal cost is $2,000."
Normally this would be prevented via ICANN regulations (that registrys agree to, otherwise they lose their TLDs), except there is a stipulation. The registrant (that's you, or whoever is buying the domain), can voluntarily forgo and surrender these rights in a written statement. Coincidentally, all the registrars (Namecheap, GoDaddy, etc) have this written stipulation in their contracts, that you must to agree to in order to be able to purchase a domain. This means that registrys can arbitrarily change an already registered domains status from non-premium to premium.
The real question is why do the registrars do this for the registrys? They are supposed to be separate companies and entities entirely and prevent things like this from happening. I imagine it's because registrys can pick and choose which registrars are able to sell their TLD. So if a registrar refuses to add this in their agreement with you, then the registry simply denies the TLD request by the registrar.