This argument is somewhat valid, but also sort of misses the point. Why should an above-board company need to include such God-awful provisions in a legalese document in the first place? Such extreme demands are beyond the scope of protecting themselves against outside sales during and immediately after the auction. It boils down to an unscrupulous way to exert control over sellers who simply want to auction a domain, nothing more....and are willing to pay Moniker a fair fee to do so.
Instead, it's a sneaky way to manipulate a situation so that they stand to profit from a seller's ignorance of the TOS. And, yes, you can say ignorance is no excuse, but in my mind if the nonsense clauses weren't in the TOS to begin with, if a company like Moniker could be trusted in the first place, there would be no need for scrutinizing their TOS, and the general outrage of most people who really want to use Moniker...who want to trust them, would quickly fade away.
