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When preparing to purchase a registered World Wide Web domain name, the purchaser will first determine where the domain name has been registered. There are several domain name registrars for domain names ending with .com, .net and .org, such as the registrars operated by Network Solutions, Register.com and Tucows, etc. Registrar information can be found by searching for the domain name at issue at www.uwhois.com. Registrar information is important because registrars process domain name transfers differently. For example, if the domain name has been registered with Network Solutions (NSI), NSI will require preliminary information and a completed Registrant Name Change Agreement (which can be located at www.networksolutions.com/ en_US/makechanges/rnca/agreement.html) to effect the transfer. Not all registrars work in this manner, however. For instance, the Tucows domain name registrar (www.opensrs.org) does not require active involvement by Tucows to effect the transfer. Transfers are made by logging into the domain name account and changing the registrant and relevant contact information specific to the domain name at issue, which may be effected by the parties themselves by changing the user name and password specific to the domain name ( Seemanage.opensrs.net). In a transfer of a domain name that has been registered with NSI, the parties’ sale agreement should make reference to the Network Solutions Registrant Name Change Agreement. The sale agreement should contain a clause resembling the following:
Seller shall complete, execute and have notarized the Network Solutions Registrant Name Change Agreement set forth in Exhibit A to this Agreement and annexed hereto, and deliver same to Buyer, which shall forward such Network Solutions Registrant Name Change Agreement to NSI.

In a transfer of a domain name that has been registered with Tucows, the parties’ sale agreement should contain a clause resembling the following:

Seller shall cooperate with Buyer to transfer the user name and password corresponding to the domain name to the Buyer. The parties shall cooperate to revise the registrant, administrative contact and other information for the domain name to reflect that Buyer is the registrant and owner of the domain name. Buyer shall also change the user name and password corresponding to the domain name.

John A. Gliedman is a senior associate at Brown Raysman Millstein Felder & Steiner LLPin New York. This sample clause is intended to serve solely as an exemplar and may need to be modified to conform to the legal requirements of your jurisdiction. It in no way constitutes legal advice.

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