YOU MUST READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH IN THIS DOTMOBI AUCTION AGREEMENT BEFORE PARTICIPATING IN THE DOMAIN AUCTION. YOUR REGISTRATION FOR AND PARTICIPATION IN THE DOMAIN AUCTION CONSTITUTES YOUR ACCEPTANCE OF THIS AUCTION AGREEMENT.
3. Termination of Agreement & Revocation of Authorization Code
mTLD, in its sole discretion, may terminate this Auction Agreement at any time with or without notice to You.
11. Notice of Potential Violation of Third Party Rights
You agree that mTLD makes no representations or warranties of any kind in connection with this Auction Agreement and specifically makes no guarantee to You (1) regarding the conduct of the Domain Auction by the Event Organizer and/or Auction Manager and/or blah blah
13. Liability Disclaimer
IN NO EVENT SHALL mTLD BE LIABLE FOR ANY DIRECT, IN DIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM OR RELATING TO THIS AUCTION AGREEMENT OR RESULTING FROM ANY DATA, INFORMATION, GOODS, OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION WITH THIS AUCTION AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF mTLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL mTLD BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
WITHOUT LIMITING THE FOREGOING, mTLD EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM: THE CONDUCT OF OR PARTICIPATION IN THE
DOMAIN AUCTION; DATA NON-DELIVERY OR MIS-DELIVERY BETWEEN YOU AND mTLD; PROCESSING, REGISTRATION, AND/OR LOSS OF REGISTRATION OF A DOMAIN NAME; USE OF A DOMAIN NAME; DISPUTES OVER DOMAIN NAME REGISTRATIONS, INCLUDING THE DECISION OF ANY DISPUTE RESOLUTION PROCEEDING; ERRORS, OMISSIONS OR MISSTATEMENTS; AND/OR EVENTS BEYOND mTLD’S CONTROL (I.E. ACTS OF GOD).
IN NO EVENT SHALL mTLD’S LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AUCTION AGREEMENT EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO mTLD PURSUANT TO THIS AUCTION AGREEMENT.
IF ANY STATE OR JURISDICTION DOES NOT PERMIT THE ELIMINATION ORLIMITATION OF CERTAIN TYPES OF LIABILITY, mTLD’S LIABILITY SHALL BELIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
16. Choice of Law and Forum
You agree that this Auction Agreement, its terms and conditions, and the relationship between You and mTLD shall be governed by and construed in accordance with the laws of the District of Colombia, excluding its conflict of laws rules. Any action arising out of or related to this Auction Agreement must be filed in the courts of the District of Colombia. For any disputes arising under or related to this Auction Agreement, You agree to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the District of Colombia. YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AUCTION AGREEMENT.
mTLD confirmed to me - in writing - that they conducted this auction under Sedo's TOS...It was also explicit on their website.
There is a specific provision in the Sedo TOS that binds Bidder & Seller, if there is a tech fault where the auction pages become 'unavailable', and don't register bids... (Sedo TOS 5.1.2.7)
u8l2, remember that a contract must stand up in a court of law. Many points in this are ambiguous. But what is definate is that no where in this contract does it say that after an auction has closed mTLD or Sedo void the auction, and yet this is what they are claiming!
This is obviously just another attempt at smoke screening the situation.
Come on Sedo/mTLD not long before the whole you are digging yourselves into approaches the world record!
u8l2, that specifically says 'this auction agreement', the auction agreement is not in dispute, what is in dispute are the actions of the vendor and auctioneer after the auction had completed.
The present point is the 'right' of mTLD to void an auction after it has completed. The argument put forward by Sedo/mTLD that mTLD had the right to void the auction after completion has been shown to be totally erronous, mTLD had not and does not have that right even by the contract that they say gave them the right.
As I said it is simply smoke screens by Sedo/mTLD.
Yes i agree, It can be written in any contract that this contract is null and void if we choose. Doesnt mean a thing! A contract is a contract. The auction did close the 2nd time. Everyone was notified of this including myself, and there were no server problems at that time. No mistake about that. I've gotten the same confirmation many times before from sedo. Do you believe the people that won there names and have paid for them have an excellent case that can be won, has opposed to the people that havent paid for there names thus not completing there end of the contract?
Just read Sedo's response posted here. Interesting, to say the least.
IMHO it's quite "fair", although the "winners" of the last bid won't definitely be
happy about this. Depends now on who's actually going to sue in court.
Until a court order is secured for something specific, the auction pushes thru,
despite what some of you believe about it.
Agree here. I think the best future strategy would be to cancel, or suspend (as Bald points out), the auction if technical problems occur. And to restart the auction after due notice has been distributed to participants.
The technical glitch that Sedo experienced is nothing new at all. I've been in a fair number of online auctions and many of them grind to a halt due to strong last minute activity. Same with stocks online during a heavy trading day. Seems that online companies would be aware of the problem and have ample resources in place to meet the load.
And they don't even need any additional resources to speak of (as in new servers for instance) - just need to stagger all premium auctions several hours apart.
well, we have been saying this since the first one.
think we need to mass email them and make sure they do this, otherwise, buyers, watchers and nayasyaers could overload it again keep hitting refresh or whatever.
they cannot have same format
if it screws up for any reason, they could lose a lot of domainers onside (they lost some already) and could be a disaster
Arnie, this third auction of the third auction will never happen. Already today I woke up and turned on the computer to messages that now an injunction will be sought stopping the third auction.
Sedo are burried, their attempt yesterday to say that the contract gave mTLD the right to void the auction has been proved to be totally erronous and without foundation (I posted the contract in its entirety here on this forum).
Dave Zen, a temporary injunction can be obtained without Sedo or mTLD even being told that such is being sought. The plaintiffs asking for such only need to satisfy the court (judge) that the ownership of the domain names is in dispute. I think they have that one fairly well covered, don't you?
The important thing is the timing involved, when will the injunction be sought? Well that is up to the plaintiffs and their legal advisors.
Any full injunction will require full disclosure of all material facts by Sedo and mTLD, and any full hearing will be months away at the very least. In the meantime the plaintiffs have a number of options open to them to investigate, including the 'grand slam strategy' as I described on the first page of this thread.
January 23rd shall come and go, and in no way will Sedo and mTLD be able to run the auction on that date.
One thing that amuses me is that 99 % of people read the agreements (TOS or call it like you want) only after there is a problem.
How many points of that agreement would you accept now that you read it?
Surely Sedo is losing more credibility than ever.
We should run a survey to see how many people are still going to use SEDO in the future. The real problem is that there are not many alternatives out there.
__________________ PushToAuction.com | Post domains you'd like to push to auction at Sedo™! [NEW]
Let your money talk will be the rules for auction. Just bid the highest at the latest auction and obtain the domain regardless whether the domain winner have already paid in the previous auction.
Put a proxy bid of $1mm+ on the name you were the rightful winner of in Auction #1 (or 2 if you feel that way) and then launch a lawsuit on them before paying for the name in Auction 3. Hell, that's what I'd do
Okay, so we have SEDO Auction 3 Part Deux! Not trying to put a damper on things but I do not think that the prices that we saw in the previous auction will hold up in this new one. Just do not see it. I hope that I am wrong....and I really mean that but I have to also face reality. It will be interesting to view. :-)
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It is not the years, it's the mileage. ;-)
Last edited by quasar1138 : 12-19-2007 at 07:50 AM.
Reason: Clarity
and, other Premium .mobis... Here's 
Lol! 