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).
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 !
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.
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.
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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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.
__________________ American Domain Market - .COM $6.95 .MOBI $10.99 .INFO $1.99 Low cost domains, register, transfer domains, private registrations, hosting.
Sure there is. Go to Sedo and buy or sell your domain name there, but they're
not going to sue the buyer or seller for you if they don't fulfill their end of the
agreement.
It would be interesting to see a complete list of domains sold through Moniker auctions that fell through because of the buyer or seller....and compare that list of domains to one that shows which domains Moniker has successfully pursued via lawsuit.
__________________ A good domain name is worth more than money.
I've got domains up the Wazoo...wanna buy some?
Or it isn't working at all...if there were a long list of successful suits published against non-payers, that would be a major deterrent to defaults and scams...as there isn't one, it would seem to indicate the opposite.
__________________ A good domain name is worth more than money.
I've got domains up the Wazoo...wanna buy some?
I submitted domains for the 2 upcoming auctions and saw a few were selected.
Is there no personal email confirmation? Since I sent it a list of over 300, I don't want to individually look through the entire auction listing to find out which are mine.
I called the customer service and the guy was a complete ##$%#
So far, I have received nothing but horrible service
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.
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.
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.