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Old 07-10-2008, 02:38 PM   · #201
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Originally Posted by mis_chiff
Does someone have a copy of the updated terms?

I always thought if your names were not accepted
to the Live/Silent auction, you could request removal
of the submissions in writing...did that change?


Yeah I think within 15 days or (according to their contract), they keep the rights to sell the name for 2 years.

I don't think the Opt-out clause would hold up in a court honestly...especially considering several other recent high profile opt-out cases that went in the favor of the plaintiffs...but I understand them wanting to protect from drop outs within a short time of auction. This goes so far beyond anything reasonable its not even funny.

Pseudo-Mod: It is a contract because you have to sign and return it. Well... its a legal contract until they piss someone off enough to take them to court over parts of the contract. Only then will it truly be tested. That or they decide to be reasonable to the domain owners and adjust the outrageous components themselves (and based on Monty's responses - trying to compare himself to Christies or Sothesbys - I doubt it will without court intervention).


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Old 07-10-2008, 08:50 PM   · #202
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Okay, I was replying with the marketplace auction on my mind. You're talking about the live auction. That's a whole 'nother view for me!
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Old 07-11-2008, 05:34 AM   · #203
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Pseudo - when you submit names for a live auction you have to sign a contract. After you have signed the contract they let you know if your names have been accepted or not, but the contract appears to refer to all the names even if they don't accept them into the auction !
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Old 07-11-2008, 07:28 AM   · #204
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Originally Posted by advaita
Pseudo - when you submit names for a live auction you have to sign a contract. After you have signed the contract they let you know if your names have been accepted or not, but the contract appears to refer to all the names even if they don't accept them into the auction !



That does'nt sound right, are you sure ?



.
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Old 07-11-2008, 07:56 AM   · #205
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Does agreeing to the T&C's on the website become a legally binding or do you still need to sign a contract for the auctions before it becomes binding ?
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Old 07-11-2008, 09:04 AM   · #206
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Gazzap - that's my reading of the clause - with which others have agreed and so far no-one fom Moniker has contradicted it
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Old 07-11-2008, 09:31 AM   · #207
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Originally Posted by ginggang
Does agreeing to the T&C's on the website become a legally binding or do you still need to sign a contract for the auctions before it becomes binding ?



It has been upheld in court many times over... clicking "I agree" holds as much weight usually as a signature from what I have heard about legal cases over that.

Gazzip: that is correct. As I have said before I don't think that would hold up in a court, but that is the way they have worded it.
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Old 07-15-2008, 08:07 AM   · #208
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Originally Posted by MaguirePhD
The contact is restrictive, yes.

Sometimes responses are a little slow.

But I have a good guy down there, Peter Brooks, whom I have spoken with and e-mailed and received responses.

And not some silly response to just put you off.

I can't speak for the rest of them down there but this guy is making them look good.

Doc




Wow. You've had a totally different experience than me with Brooks. I finally had to go around him to get help and when I did, his co-worker didn't have very good things to say about him.

This thread and Moniker's response to it has been enlightening. I've decided to move my domains out of Moniker and will encourage others to do the same. My portfolio only makes them $4-4.5 K in renewals but I'd rather give the money to someone else.

Goodbye Moniker.
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Old 07-15-2008, 01:40 PM   · #209
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Originally Posted by Vincente
Wow. You've had a totally different experience than me with Brooks. I finally had to go around him to get help and when I did, his co-worker didn't have very good things to say about him.

This thread and Moniker's response to it has been enlightening. I've decided to move my domains out of Moniker and will encourage others to do the same. My portfolio only makes them $4-4.5 K in renewals but I'd rather give the money to someone else.

Goodbye Moniker.



This is the only thing that will make them pay attention (since they obviously don't give a rats behind about their customers' complaints here). Nothing will change with such a bullheaded company until their pocketbook suddenly gets smaller.
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Old 07-16-2008, 10:02 AM   · #210
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Originally Posted by advaita
but the contract appears to refer to all the names even if they don't accept them into the auction !



I haven't noticed that yet.
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Old 07-25-2008, 09:37 PM   · #211
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There needs to be an easier way to buy and sell domains safely. If someone can come up with a way they will be rich. Godaddy's after market doesnt seem very active nor has top value domains. If anyone can make a great market you would think it's them. Between contract agreements to sell and worries of getting paid and being lost among piles of domains, it seems overwhelming, and is why many dont want to buy and sell.
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Old 07-29-2008, 05:18 AM   · #212
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Originally Posted by InternetMoney
There needs to be an easier way to buy and sell domains safely.


Sure there is. Go to Sedo and buy or sell your domain name there, but they're
not going to sue the buyer or seller for you if they don't fulfill their end of the
agreement.

Is that safe enough?
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Old 07-29-2008, 04:21 PM   · #213
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Go to Sedo and buy or sell your domain name there, but they're
not going to sue the buyer or seller for you if they don't fulfill their end of the
agreement.


It would be interesting to see a complete list of domains sold through Moniker auctions that fell through because of the buyer or seller....and compare that list of domains to one that shows which domains Moniker has successfully pursued via lawsuit.
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Old 07-29-2008, 04:29 PM   · #214
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Originally Posted by verbster
It would be interesting to see a complete list of domains sold through Moniker auctions that fell through because of the buyer or seller....and compare that list of domains to one that shows which domains Moniker has successfully pursued via lawsuit.


I agree. So far there doesn't seem to be any, so it's arguably working?
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Old 07-29-2008, 05:37 PM   · #215
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So far there doesn't seem to be any, so it's arguably working?


Or it isn't working at all...if there were a long list of successful suits published against non-payers, that would be a major deterrent to defaults and scams...as there isn't one, it would seem to indicate the opposite.
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Old 07-29-2008, 07:02 PM   · #216
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I submitted domains for the 2 upcoming auctions and saw a few were selected.

Is there no personal email confirmation? Since I sent it a list of over 300, I don't want to individually look through the entire auction listing to find out which are mine.

I called the customer service and the guy was a complete ##$%#

So far, I have received nothing but horrible service

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Old 07-29-2008, 11:31 PM   · #217
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You may not want to, but you better if you want to cover your butt...
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Old 07-30-2008, 11:15 AM   · #218
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Can someone explain how the process works?

Will they finally contact me if it is sold?

And Should I transfer the chosen domains over from godaddy to moniker ASAP?

Thanks.
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Old 07-30-2008, 12:34 PM   · #219
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They prefer you transfer them to moniker to facilitate the auction process and transfer to the winner, however I don't believe its mandatory. Should they be sold, they would be utterly foolish not to tell you if they want their money and the buyer wants his/her domain(s)... I haven't actually been in an auction so I can't say for sure but it would be ridiculous for them not to.
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Old 07-30-2008, 12:46 PM   · #220
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Some Info:

If you had some domain names accepted into an upcoming Moniker's auction, you should use your SnapNames account.

Log-in > My Account> Seller Dashboard> Account Overview...Your Domain Name Sales

I did receive an email that my names were accepted.

I submitted approx. 30 names....only had approx. 10 domains registered at Monikers and they picked 3 for auction.

I asked about the other 20 because they weren't at Monikers and it seems they like them to be at their register...which I understand.

Thanks,
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Old 07-30-2008, 01:05 PM   · #221
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I submitted approx. 30 names....only had approx. 10 domains registered at Monikers and they picked 3 for auction.

I asked about the other 20 because they weren't at Monikers and it seems they like them to be at their register...which I understand.



I wonder if it also works if your domains are reg'd at SnapNames.
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Old 08-09-2008, 12:48 PM   · #222
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Originally Posted by mozzeratti
I agree with this. It seems to give a domain registrant a minimal window or opportunity before thrusting them back into the contract...
by design, I'm sure.

I wonder how much they've collected using this tactic.

The contract should EXPIRE naturally without the need for explicit cancellation on the part of the registrant.
It shouldn't be set up so that one has to opt out.
The renewal should be what one opts into, in writing, and not by default!
Also the two year 2 year bit...that's just
:




The funny thing is after my domains did not sell, I asked my Moniker rep about whether my domains will automatically be added to the next auction and whether I can lower the prices.

His reply: No, you have to resubmit them.

well, ok, then. I consider them expired.
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Old 08-09-2008, 12:52 PM   · #223
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If you haven't told them within x days that you are out of the contract, the contract says they have rights to sell the names for 2 years...whether that would hold up in court well thats another story.
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Old 08-09-2008, 05:51 PM   · #224
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best registrar...
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Old 08-09-2008, 10:34 PM   · #225
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Originally Posted by RoyalRyan
best registrar...


Uh... if that was sarcasm, its not apparent
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