The problem is not what you *say* or *don't say*, the problem is what is 
*written* in the agreement.

It seems that three different people from support email me on this on 
varying dates.  I will not be satisfied until the agreement is *re-written* 
to reflect what you *say*.

I am cc'ing this to the list because I think it is of interest to others on 
the list and maybe we can continue this as one thread instead of three.

Jennifer

At 04:22 PM 26-02-01, you wrote:
>Hi,
>
>We have customers selling domains likely hundreds of times a week that we dont
>know about and dont need to know about.  We do not get involved in this
>secondary sale of domains at all.  Whatever contract is done is done 
>between two
>private individuals, and you can make whatever ownership changes you wish 
>using
>manage.opensrs.net.  Tucows is not going to come along and charge 
>arbitrary fees
>for anything to do with changes a customer makes themselves using manage.
>
>Hope this clarifies.
>
> > But now if *you* were the client, would you agree to an agreement that 
> says
> > you will have to pay some unknown fee?
> >
> > I think the whole second half of the paragraph after "you shall require 
> the
> > Transferee to agree, in writing to be bound by all the terms and 
> conditions
> > of this Agreement."
> >
> > should just be removed.
> >
> > If the original owner does not get this in writing, it will be their
> > problem if there is ever a dispute.
> >
> > Something could be added to the paragraph about the fact that the original
> > owner may need to present documents to prove this in the case of a
> > dispute.  That it is for their protection to get the written agreement 
> from
> > the new owner otherwise they could be held responsible for any future
>disputes.
> >
> > Anyway, meanwhile how can I give my client any assurances that they won't
> > be charged a fee and have to get an agreement that Tucows can, in their
> > sole discretion, reject.
> >
> >
> > Jennifer
> >
> > At 12:18 PM 23-02-01, you wrote:
> >>Hello Jennifer,
> >>
> >>As far as I know the current owner ( who is selling the domain ) should
> >>relinquich the username and password for the domain to the new owner so
> >>they can login to the manage interface and change all the informationt to
> >>reflect the new ownership of the domain.
> >>I believe the wording in the Domain Registration Agreement, refers more to
> >>an informal agreement between the reseller and the "new" owner of the
> >>domain. This can take any shape, written or verbal..Though I think in this
> >>case it would be better if it was in writing. ( this is the extent of my
> >>knowledge on this ). But to begin the process the current owner will have
> >>to give up the username and password ( which the new owner should change
> >>).
> >>I also think we may need to re-word some of this info. on our site or
> >>post re-vised editions ( this I will push to the higher ups and legal
> >>types ). I will also forward this over to compliance as they may have more
> >>to add to this..But from what I have seen this should suffice with regards
> >>to transferring the ownership of the domain.
> >>
> >>Hope this helps :)
> >>
> >>
> >>---
> >>erol M.
> >>OpenSRS Technical Operations - [EMAIL PROTECTED]
> >>http://www.opensrs.org/Support_FAQ.shtml
> >>
> >
>On Fri, 23 Feb 2001, Jennifer wrote:
> >>
> >> > I posted this to the list as usually OpenSRS responds to the list, 
> but no
> >> > one from OpenSRS has even acknowledged the thread.
> >> >
> >> > I have a client who is waiting on this answer and it doesn't look very
>good
> >> > if I can't get back to her in a reasonable amount of time.
> >> >
> >> >
> >> > The end user faq says
> >> >
> >> > 4.How do I change ownership of my domain name? (ie. I want to sell it or
> >> > give it to someone else)
> >> > You can simply give your username and password to the new owner, and 
> allow
> >> > them to change the contact information using the Manage Domain 
> interface.
> >> > They should also change the domain's profile to a new one with a unique
> >> > username and password.
> >> >
> >> > But then in the Domain Registration Agreement it says
> >> >
> >> > 14. TRANSFER OF OWNERSHIP. The person named as
> >> > administrative contact at the time the controlling user name and
> >> > password are secured shall be the owner of the domain name.
> >> > You agree that prior to transferring ownership of your domain
> >> > name to another person (the Transferee") you shall require the
> >> > Transferee to agree, in writing to be bound by all the terms and
> >> > conditions of this Agreement. Your domain name will not be
> >> > transferred until we receive such written assurances or other
> >> > reasonable assurance that the Transferee has been bound by the
> >> > contractual terms of this Agreement (such reasonable assurance
> >> > as determined by us in our sole discretion) along with the
> >> > applicable transfer fee. If the Transferee fails to be bound in a
> >> > reasonable fashion (as determine by us in our sole discretion) to
> >> > the terms and conditions in this Agreement, any such transfer will
> >> > be null and void.
> >> >
> >> > So which is it?
> >> >
> >> > Also, although this passage is the same in both the agreement on my site
> >> > and OpenSRS's the dates are different for last revised.  I put mine 
> up in
> >> > May of last year, but the one on the OpenSRS's site says "Last Updated:
> >> > Monday, 29-Jan-2001 11:16:43 EST By: Ken Joy"
> >> >
> >> > So what changed?  Are we notified when the agreement changes so we can
>keep
> >> > ours up to date?
> >> >
> >> > Jennifer
> >> >
> >> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> >> > Looking for books, software, movies, music...
> >> > http://www.chapters.ca/Default.asp?AFFID=108464
> >> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> >> > Quality Children's Products - http://Store.MomsAtHome.ca/
> >> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> >> > Your own domain name for as little as $13 US
> >> > http://www.mahDesigns.com/domains/
> >> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> >> >
> >
> >
> > Jennifer
> >
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> > Looking for books, software, movies, music...
> > http://www.chapters.ca/Default.asp?AFFID=108464
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> > Quality Children's Products - http://Store.MomsAtHome.ca/
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> > Your own domain name for as little as $13 US
> > http://www.mahDesigns.com/domains/
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> >
> > --
>  [ Frank Lemire ]
>  [ OpenSRS Technical Operations ]


Jennifer

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Looking for books, software, movies, music...
http://www.chapters.ca/Default.asp?AFFID=108464
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Quality Children's Products - http://Store.MomsAtHome.ca/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Your own domain name for as little as $13 US
http://www.mahDesigns.com/domains/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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