.mobi Breaking News: Sedo Auction 3 To Be Re-run In January 2008

[Pred]

BREAKING NEWS: SEDO AUCTION 3 TO BE RE-RUN IN JANUARY 2008

Just in from Sedo
(feel free to rep :sold: )


Third .Mobi auction to be rerun on January 23rd, 2008
Hello everyone,

Many of you have been asking about the December .mobi auction that was interrupted due to our server crashing. Per the DotMobi registry's requirements, the December auction results have been declared void. The auction will be rerun on January 23rd, 2008. Please read on below for Sedo's official announcement.

"On December 5, 2007, the third and final .MOBI auction was scheduled to close on Sedo’s domain auction platform. In line with the previous two .MOBI auctions, the available domains garnered significant attention and received many competing bids in the seven days the auction ran. The domains received so much attention in the final moments that Sedo’s auction servers crashed before the completion of the auctions, rendering our system incapable of processing many validly submitted bids, including proxy bids set by user’s using the feature to automatically bid up to a maximum amount, and sending out winner notifications in error.

While Sedo takes steps to ensure the stability and security of our services, the crash that occurred could not have been predicted given traffic spikes more than ten times higher than anticipated by previous high-traffic auctions. Decisions were made with the intention of protecting all parties involved, but as we have learned from investigating the crash more carefully since December 5th, the auction was compromised and as such, DotMobi has exercised its right to declare the auction results void and will conduct a new auction at Sedo.com beginning on January 23rd, 2008. Sedo will be contacting everyone who participated in the auction to inform them of this decision.

Sedo apologizes for any delays responding to user concerns about the close of the auction, but a thorough investigation was necessary to determine what exactly occurred when the servers failed. As the world’s largest marketplace for buying and selling domain names, we take great pride at Sedo in our efforts to ensure the operation and security of our marketplace at all times. While this crash has forced us to reconsider the maximum levels of traffic our site may receive at any given time, we can ensure all of our users that steps are being actively taken to strengthen our protective measures to ensure any auction—whether one domain or special auction event such as .MOBI—run smoothly and close without any of the problems we experienced on December 5th.

Thank you for your understanding and best wishes from Sedo during this holiday season!"

Thanks,
Monica

 

[Mobi Cheap]

For those who missed the final moments of the original auction, here is the shortest NP thread that sort of documents things as they happened (not mine, mine is a much longer one):

http://www.namepros.com/dot-mobi/403517-what-happened-on-sedo.html

So will the new ending times be staggered this time?

 

[Pred]

(not mine, mine is a much longer one):

thats what they all say!
:sold:

 

[Mobi Cheap]

thats what they all say!
:sold:

I have no idea what you're saying Gov.

But for the avoidance of doubt, didn't mean it that way.

P.S.: Just practicing my lawyer impression, LOL
:hehe:

 

[TheBaldOne]

Mobi Cheap, good link (though I think a possible attempt to swing opinion rather than anything else :hehe: ). However, as is the law, if Sedo had suspended the auction when they themselves admit that they 'knew' things were amiss before the end of the auction then fine. Sedo did not, everybody was in the same boat, the winners were declared and the contracts joined.

This is now old hat, and I think you will agree without listing to many links that the case for the original winners was proven on this forum.

Now Sedo and mTLD are trying a new tactic (although expected), but this falls foul of the law just as their first attempt to unlawfully run the second auction fell foul of the law.

A legal contract is a legal contract. In this business, more than most as few of us actually know one another and it is 24 hour global transactions, our word has to be our bond. Unfortunately Sedo and mTLD seem to disagree.

 

[Work In Progress]

This will be interesting. Now if I were a winner of one of the lower priced sales I d be pissed

What some forget is the first "winners" were not real winners if the auction process was stopped prematurely, not allowing further bidding. Sure, I'd be upset if I were in those shoes, but I also recognize how auctions work. Most of the action comes in the last 5 minutes. How is it fair to say the first "winner" won a name when many other interested bidders where trying to bid but couldn't due to a faulty server?

I think the rerun is a good thing. Nobody is going to be happy with results as is. Not everyone will like the re-run as well. But it's about the fairest way of doing it at this point.

:imho:

 

[webecri]

What some forget is the first "winners" were not real winners if the auction process was stopped prematurely, not allowing further bidding. Sure, I'd be upset if I were in those shoes, but I also recognize how auctions work. Most of the action comes in the last 5 minutes. How is it fair to say the first "winner" won a name when many other interested bidders where trying to bid but couldn't due to a faulty server?

I think the rerun is a good thing. Nobody is going to be happy with results as is. Not everyone will like the re-run as well. But it's about the fairest way of doing it at this point.

:imho:

The problem is the sending of the contracts by email. That makes them winners...

 

[aggieuk]

Mobi Cheap, good link (though I think a possible attempt to swing opinion rather than anything else :hehe: ). However, as is the law, if Sedo had suspended the auction when they themselves admit that they 'knew' things were amiss before the end of the auction then fine. Sedo did not, everybody was in the same boat, the winners were declared and the contracts joined.

This is now old hat, and I think you will agree without listing to many links that the case for the original winners was proven on this forum.

Now Sedo and mTLD are trying a new tactic (although expected), but this falls foul of the law just as their first attempt to unlawfully run the second auction fell foul of the law.

A legal contract is a legal contract. In this business, more than most as few of us actually know one another and it is 24 hour global transactions, our word has to be our bond. Unfortunately Sedo and mTLD seem to disagree.

You mention THE LAW etc but which law's hymn sheet are you singing from and which one are they singing from, it all depends i suppose which countries laws they are signed up to, i know USA law is very easy to sue anyone, whereas UK law it's much harder and much fairer to all parties concerned. I expect Sedo is signed up to German law, anyone know these facts??? And if German law would have any adverse effects on this outcome?

 

[TheBaldOne]

W-I-P, The winners of the 'first auction' are the legal winners. Sedo knew things were amiss but did not act to suspend the auction prior to its set close time (hammer comming down). The 'second auction' was actually unlawful because Sedo tried auctioning goods (domain names) that they did not have the owners permission to auction.

For arguments on this please see the various threads on this forum (do a search of 'sedo mobi auction').

You will see it is all a question of timing. But now Sedo and mTLD are trying again to run an auction whereby the owners of the domains will undoubtedly seek a court injunction and have this auction stopped.

But more interestingly is the 'grand slam strategy' that is now being mutted as a possible strategy to initiate a closer of Sedo's auctions within anywhere in the US (and that would mean anywhere). Sedo and mTLD have decided on a high risk strategy, now the question is will this blow up in their faces even more than the initial auction fiasco would have?

The auction fiasco was recoverable from, the strategy now adopted undoubtedly will not be. It is a flawed strategy on Sedo and mTLD's behalf, but they 'know' what they are doing, or rather I guess they are reassuring each other they know what they are doing!

AggieUK. Plaintiffs decide where to enforce international law disputes. The basic rules are:

1) Where the plaintiff lives or carries on business
2) Where the defendant lives or carries on business (in the case of multiple nations then any nation)
3) Where the business was carried out.

I am talking law as is covered by UK, Eire, German, and oh yes of course, the good old USofA!

 

[bricio]

Bricio,

So the law should be flouted. Is this what you are saying?

So contracts can be torn up. Is this what you are saying?

So Sedo and mTLD can run false auctions at the expense of the winners. Is this what you are saying?

The law of contract is very precise, as is the law with auctions. mTLD are contracted 'by law of contract' with the winners of the first auction. Now Sedo and mTLD are saying that mTLD had a veto on the auction results and are using that veto to declare the auction void. What total and absolute rubbish. If I was advising either Sedo or mTLD (which obviously I am not) the first thing I would suggest is that they seek 'top' international legal advice, secondly that they get a damn good PR team in who are aloof to the rangles in their respective boardrooms.

just to start i am not an attorney
no, never... law must always be respected

although we have a contract i wrote that cause for me the first auction didnt end, however sedo didnt do the right thing re-starting the auction just few minutes after the crash... sedo should have emailed all the bidders saying about the crash and that they would "continue" the auction in one, two or three days cause (i dont know the right time) then the "winners" couldnt argue they didnt read such message as it happened

i dont think they would re-run this auction if they werent advised by their attorneys (both mTLD and sedo); probably this is the best option they had
if they didnt do that they would be taken to court by the first winners or by the second winners (it would depend on who sedo would give the name)

but remeber again, i am not an attorney

 

[nametrekker]

I have to admit this makes me quite happy, as it seems the right decision. Now the winners/losers can participate again, if they so wish.

I'm actually surprised some of the names went for as low as they did. The big ones - Games, Music, Movies, Sports - those went for what I expected.

But many of the others - less than I anticipated. You can be sure many others will get on this round, especially after some developed mobis are earning decent revenues; this extension just came out of the gate.

Let's put the last auction fiasco behind and stop bickering. In legal cases like this, the only real winners will be the lawyers. I guess some blokes felt SEDO and MTLD would be handing out settlements and free mobis for those who had the highest bids before the servers crashed - well, since that's not the case, put it to rest.

If you want to play mobi, place your bets.

If you want to take legal action, call your lawyer. I hear the barrister blokes in the States take cases on pro bono or contingency.

It's your choice.

Will everyone be happy with this decision. Not a chance. But mind you, what's the best without all the legal dance?

 

[allnicksgone]

Here we go again.

Everybody sing with me.....


This is the auction that never ends, yes it goes on and on my friend. Some people started bidding in it, not knowing what it was, and they'll continue bidding in it forever just because...This is the auction that never ends, yes it goes on and on my friend. Some people started bidding in it, not knowing what it was, and they'll continue bidding in it forever just because...This is the auction that never ends, yes it goes on and on my friend. Some people started bidding in it, not knowing what it was, and they'll continue bidding in it forever just because...

 

[onassis]

It commercial, money talk. All the best to the winning bidder of the sedo auction at 3rd Dec 2007.

If other bid higher than your bid at January, please prepare to give away your rightful domain.

 

[TheBaldOne]

Nametrekker the law is not there as an amusement or to be ignored.

Can I ask you a question, if your house burnt down tomorrow and the insurance company said 'Oh no, we decided that all policies taken out the day yours was we will ignor, tough, your not getting a penny!' would you let it drop? Would you just walk away?

What about if you were fired unfairly? Your whole career thrown aside by a false accusation made against you, would you just walk away?

Why should the lawful winners of the first auction just walk away? Why because they shouldn't class themselves as winners when a lawful contract had been made?

Biggie, in reply to your 'implied' question. I am just an interested onlooker. If I thought the law was different then I would argue differently.

Bricio, re your post above. That is why the timing of the actions by Sedo mean clearly that the auction ended at the set time. They 'knew' things were amiss but decided not to suspend the auction but to run it for almost an extra 3 hours. This action shows 'bad faith'. But all of the press releases and statements now show that Sedo and mTLD acted in an unlawful way by running the second auction.

Now they are saying that mTLD held a veto over the auction results. This is pure poppycock. Again they are digging themselves deeper and deeper, in fact they are after the world record on this one!

 

[onassis]

Totally agreed with you, I will be pissed off if I am the winner at the 1st auction.

 

[nutzdaddy]

I was a winner of the same domain in the first and second auction

third time luck for me maybe lol

 

[TheBaldOne]

Nutzdaddy, you have sought legal opinion on your situation? It might well be worth it for you.

 

[nametrekker]

Bald One,

No hard feelings, mate.

I wish you the best of luck with your clients there. If you think you can get a settlement for those "winners with contracts", sock it to them. That's big biz in the States, I hear. Getting settlements. Good luck with your case, mate. You seem to know the legal ins out outs there.

 

[TheBaldOne]

Nametrekker, I have no clients, I am not in the States, in fact I am in the UK, and if anything this is costing me money by diverting me away from work.

 

[nametrekker]

Bald one, sorry for the misunderstanding. I thought you were preparing a case. I'm sure many people on this forum appreciate your concern, advise and support. Truth is, this was a terrible situation. And I agree there should have been more preparation by the auctioneer.

 

[nutzdaddy]

had'nt really thought about it really, still in shock at the moment, where's the best place to start? see a local solicitor?

thanks for your time

Nutzdaddy, you have sought legal opinion on your situation? It might well be worth it for you.

 

[TheBaldOne]

Nutz. There is a member here who is representing some of the claimants. I will PM him for you if you want and ask him to contact you (be careful to check who you talk to first).

 

[accent]

"Compromised"

That is the word they use in the movies when a spy steals the secret plans. If BOTH auctions were "Compromised" - say by a DOS attack or someone hacking the code to influence the outcome, then Sedo/Mtld would be on solid ground in calling for a new auction. Have not seen that yet.

If the attempted injunction fails then does that really mean that ownership of the domains can be transfered in the third auction with certainty? I am not sure, but I think you can still bring suit, either for damages or for specific performance (possesion of the domain) lacking an injunction.

And here is another point. As I understand it many lawyers rarely ask for injunctions because their client then becomes liable for losses sustained by the defendant if they later lose the suit.

What is best for .Mobi is to get this resolved and the domains into the hands of those who will best develop them. I am not convinced that this will happen.

 

[TheBaldOne]

Accentnepal, the problem is that Sedo know that if they had undergone an attack they would have stated it clearly by now, instead they insinuate in the slightest of terms that this may have happened, but it is just a ruise to try and gain sympathy (huh).

One of the strengths of the claimants is there number, also a temporary injunction can be obtained even without Sedo or mTLD being present in the court. The judge just needs to be satisfied that there is a case of dispute over the ownership of the domains. In essence the 'winners' have everything to gain and mTLD and Sedo have everything to lose.

Remember up until Friday last week they were telling the 'winners' of the unlawful second auction that they were the rightful winners. Then Friday last week they say that mTLD had suspended the transfers of the domains but that the second winners would be notified when the transfers would be completed. Now today Sedo and mTLD say that the 'winners' of the second unlawful auction are not the winners at all but that they are going to run a third (unlawful) auction! Perhaps tomorrow or next week they will say that Santa's Elfs are the winners in a secret auction!

mTLD would do best to settle this quickly, but undoubtedly bouyed up by Sedo's insistance that they can ride the storm they have decided on this high risk strategy. The problem for winners of any supposed third auction is that they risk having the names taken from them at any point!

 

[Mobi Cheap]

Mobi Cheap, good link (though I think a possible attempt to swing opinion rather than anything else :hehe: ). However, as is the law, if Sedo had suspended the auction when they themselves admit that they 'knew' things were amiss before the end of the auction then fine. Sedo did not, everybody was in the same boat, the winners were declared and the contracts joined.

This is now old hat, and I think you will agree without listing to many links that the case for the original winners was proven on this forum.
...

That's ironic isn't it?

 

[TheBaldOne]

Here is a copy of the Sedo/mTLD end user agreement (sorry, yes it is very boring as most contracts are):

..................................

US1DOCS 6357275v1
dotMobi Auction Agreement
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.
This dotMobi Auction Agreement (“Auction Agreement”) is by and between mobile Top
Level Domain Ltd (“mTLD”) and you, your heirs, agents, successors, and assigns
(collectively “You”). This Auction Agreement sets forth the terms and conditions applicable
to your participation in the auction of Authorization Codes required as a precondition to
registration of certain .mobi domain names (the “Auction). This Auction Agreement is in
addition to, and not in place of, any other agreements or understandings of any kind
relating to the Auction and use of an Authorization Code between You and the Event
Organizer, the Auction Manager, the Escrow Agent, any Registrar, or any other third party.
In the event of a conflict between the terms of this Auction Agreement and any such
agreement relating to your participation in the Auction or use of an Authorization Code, the
terms of this Auction Agreement shall prevail.
By registering for and participating in the Auction, You acknowledge that you have read,
agree with, and accept all of the terms and conditions contained in this Auction Agreement.
This Auction Agreement is effective upon your registration for the Auction (the “Effective
Date”) and may be changed from time to time in the manner set forth below.
For purposes of this Auction Agreement:
“Auction Manager” means the third party managing the Domain Auction.
US1DOCS 6357275v1
“Authorization Code” means the unique code issued by mTLD to a winning Participant,
possession of which is necessary but not sufficient to Register a specified Domain Name.
“Domain Name” means a .mobi domain name for which an Authorization Code is required.
“dotMobi Site” means the web site operated by mTLD with the URL address:
[http://dotmobi.mobi].
“Escrow Agent” means the service selected by the Auction Manager to receive funds from
You in the event you are the winning bidder for an Authorization Code in the Auction, to
notify mTLD that such funds have been received, and to release such funds to mTLD upon
confirmation that mTLD has released the Authorization Code to You.
“Event Organizer” means the entity organizing the Auction;
“ICANN” means the Internet Corporation for Assigned Names and Numbers;
“Participant” means a participant eligible to participate in the Auction subject to paragraph 1
below;
“Registrant” means the applicant for, and on registration the holder of, a Domain Name.
“Registrar” means any entity authorized by ICANN and mTLD to provide registration
services for the .mobi top level domain.
“Registration” means the subsequent registration of a Domain Name through a dotMobiaccredited
Registrar by a Participant holding an Authorization Code.
“Standard Registrant Obligations” means the terms and conditions applicable to any
Registrant including, without limitation, those set forth in (a) the end-user agreement with the
Registrar of Your choice (the “End-User Registration Agreement”); (b) the .mobi required
“Registrant Agreement” provisions as posted from time to time on the dotMobi Site at
http://mtld.mobi/domain/registrars/become; (c) all standards, policies, procedures and
practices specified by mTLD including without limitation those set forth in the latest
US1DOCS 6357275v1
dotMobi Switch On! Guide [http://pc.mtld.mobi/mobilenet/dotmobi_guides.html ] (the “Style
Guide”); and (d) all applicable policies promulgated by ICANN, including ICANN’s
Uniform Domain Dispute Resolution Policy (“UDRP”) and the obligation to provide accurate
and complete Whois information.
“Registry Operator” or “Registry” means mTLD.
1. Eligible Auction Participants
Participation in the Auction is restricted to persons who can form legally binding contracts
under applicable law. Without limiting the foregoing, an eligible Participant must be at least
18 years old and meet any terms, conditions, and/or eligibility criteria established by mTLD,
the Event Organizer and/or the Auction Manager.
By participating in the Auction You represent and warrant that: (a) You are an eligible
Participant as described above and (b) You have provided current, accurate and complete
information in connection with your registration for and participation in the Auction.
2. Termination or Modification of Auction Agreement
mTLD, in its sole discretion, may terminate this Auction Agreement at any time with or
without notice to You. Without limiting the foregoing, mTLD may terminate this Auction
Agreement if it determines in its sole discretion that You have acted inconsistently with the
obligations or the spirit of this Auction Agreement, if You are ineligible to participate in the
Auction, or if any information that You have provided to mTLD, the Event Organizer, the
Auction Manager, and/or a Registrar is found in mTLD’s sole discretion to be false or
unverifiable.
mTLD, in its sole discretion, may amend this Auction Agreement at any time by posting the
amended terms on the dotMobi Site. You expressly agree to be bound by the Auction
Agreement in effect at the time of your participation in the Auction. It is your responsibility
to review the dotMobi Site, including the Auction Agreement posted on that Site, for any
modifications or amendments.
US1DOCS 6357275v1
3. Revocation of Authorization Code
If You violate the terms described herein, mTLD may, in its sole discretion, with or without
notice, revoke any Authorization Code for which You are the winning bidder.
4. Fees
mTLD does not charge a fee for participation in the Auction. However, participation may be
subject to fees charged by other entities, including an attendance fee charged by the Event
Organizer and/or the Auction Manager. Under no circumstances shall mTLD be responsible
for return or refund of such fees, if any.
5. Bids and Conduct of Auction
A bid made by a Participant is a binding offer to purchase the Authorization Code at the
stated bid price. The Auction shall be conducted by the Auction Manager in accordance with
terms and conditions determined by the Auction Manager. In the event of any dispute
between bidders with respect to the conduct of the Auction, the Auction Manager shall have
sole and final discretion to determine the winning bidder. Subject to the terms and conditions
set forth in this Auction Agreement, including all documents incorporated herein, the
winning bidder shall be obligated to complete the transaction and to pay the amount of the
winning bid as provided in Paragraph 7 below.
mTLD reserves the right in its sole discretion to reject a bid from any Participant for any
reason.
6. Payment and Escrow Service
Payment of amounts due for winning bids following completion of the Auction shall be made
to the Escrow Agent in accordance with the terms and conditions specified by the Auction
Manager and the Escrow Service. Once the Escrow Service confirms receipt of the full
payment amount, mTLD will release the Authorization Code to the winning bidder.
Failure to remit payment in full in accordance with the above terms shall be deemed a
US1DOCS 6357275v1
material breach of this Auction Agreement.
7. Use of Authorization Code
Purchase of an Authorization Code does not constitute Registration of a Domain Name, nor
does it assure that you are qualified to Register said Domain Name. It is your responsibility
to ensure that You meet any and all requirements for Registration of a Domain Name.
Subject to the terms and conditions set forth in this Auction Agreement, upon receipt of an
Authorization Code, You may use that Authorization Code to Register the Domain Name,
using a Registrar of Your choice. The Authorization Code will remain valid for a period of 1
year, and will automatically renew at the end of the year, and on an annual basis thereafter,
subject to Your (a) continued eligibility to Register the Domain Name and operate a website;
(b) Your continued fulfillment of and compliance with this Agreement, all Standard
Registration Obligations, and the Participant Commitments listed in Section 8, below; and (c)
Your compliance with any policies, procedures, or rules issued by Your Registrar.
8. Participant Commitments
If You are the winning bidder for an Authorization Code, You agree to use that code to
Register the Domain Name and launch a dotMobi-compliant website (the “Website”) using
the Domain Name with the URL address [www.<Domain Name>.mobi] within ten (10) days
of the transfer of the Authorization Code by mTLD. The Website may initially consist of a
dotMobi-compliant parking page; provided, however, that You agree to:
• Use Your best efforts to create, launch, and operate a live website related to and primarily
containing content relevant to the commonly held and widely shared understanding of the
meaning of the Domain Name to replace the parking page within six (6) months of the
transfer of the Authorization Code by mTLD.
• Achieve and maintain a mobile readiness score of at least 4, as measured by the
ready.mobi test then available at http://ready.mobi/.
• Operate the Website in compliance with the dotMobi Domain Compliance Policy, when
and as available at http://mtld.mobi/domain/policies/compliance.
US1DOCS 6357275v1
• Comply with the .mobi Style Guide, as such Style Guide may be modified by mTLD in
accordance with published policies. You further consent to the monitoring of any such
website as described in that policy and the dotMobi Style Guide monitoring guidelines.
• Design and operate the Website to achieve mTLD’s stated goals of: (a) optimizing the
mobile experience by providing a predictable, consistent user experience; (b) providing
the mobile community with new features and services; and (c) strengthening user loyalty
and goodwill toward the .mobi top level domain.
• In the event of sale or transfer of the Domain Name to another party You agree to notify
mTLD and contractually require such party to be bound by the terms of this Agreement.
9. Rights to the Domain
Purchase of an Authorization Code does not constitute Registration of a Domain Name.
Registration of Domain Names are the result of, and are subject to, all of the conditions,
limitations, restrictions, obligations contained in the Standard Registrant Obligations.
Nothing in this Auction Agreement shall be construed to imply that the Participant possesses
any rights to a subsequently Registered Domain Name beyond those specified in the .mobi
Registrant Agreement provisions, the End-User Registration Agreement, and all applicable
ICANN policies.
10. Disclaimer of Warranties
WITH RESPECT TO THE SUBJECT MATTER HEREOF, mTLD EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
mTLD MAKES NO WARRANTY THAT THE GOODS AND
SERVICE(S) REFERENCED HEREIN, INCLUDING, WITHOUT LIMITATION, THE
AUCTION ITSELF, ANY AUTHORIZATION CODE FOR WHICH YOU ARE THE
WINNING BIDDER, AND/OR ANY ASSOCIATED DOMAIN, WHETHER OR NOT
YOU REGISTER SAID DOMAIN NAME, WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE(S) AND/OR ACCESS TO AND USE OF THE SERVICES WILL
US1DOCS 6357275v1
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES mTLD
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE GOODS OR SERVICE(S) OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ITS WEB SITE. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED
THROUGH THE USE OF OUR WEB SITE IS DONE AT YOUR SOLE DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM mTLD OR THROUGH ITS WEB SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE
ABOVE EXCLSIONS MAY NOT APPLY 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 (2)
against the possibility of objection to, or challenge of, the Registration or use of any Domain
Name using the Authorization Code for which You may be the winning bidder in the Domain
Auction. mTLD cannot and does not check to see whether the Domain Name associated with
the auctioned Authorization Code (or any use You make of such Domain Name) infringes the
legal rights of others. It is your responsibility to investigate whether a Domain Name
associated with the Authorization Code You win may infringe the legal rights of others. You
acknowledge and agree that You are exclusively liable for any such infringement.
12. Dispute Resolution
Any difference, controversy or claim (whether based on contract, tort, statute, or any other
legal basis) arising out of or relating to this Auction Agreement (including, without
US1DOCS 6357275v1
limitation, the formation, existence, validity, enforceability, performance, expiration, or
termination of this Auction Agreement or the arbitration provision herein) or the products
and services supplied by either party to this Auction Agreement and includes an application
for provisional or protective relief shall be finally, confidentially, and individually resolved
by arbitration by three (3) arbitrators in accordance with the Rules of Arbitration then in
effect of the International Court of Arbitration of the International Chamber of Commerce, or
its successor; provided that this Auction Agreement shall control if there is a conflict between
it and the Rules. The seat of the arbitration shall be Dublin, Ireland. The language of the
arbitration shall be English, and all documentation, testimony, or other materials submitted to
the arbitrators shall be in the English language.
13. Liability Disclaimer
IN NO EVENT SHALL mTLD BE LIABLE FOR ANY DIRECT, INDIRECT,
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).
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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 OR
LIMITATION OF CERTAIN TYPES OF LIABILITY, mTLD’S LIABILITY SHALL BE
LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
14. Indemnification
You shall release, defend, indemnify, and hold harmless to the maximum extent permitted by
law mTLD, and its directors, officers, employees, affiliates, contractors, and agents from and
against any and all claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or relating to participation in the Domain Auction,
Your use of an Authorization Code or a Domain Name subsequently Registered using such
code, any dispute concerning the Authorization Code, and the Domain Name associated with
such code. This indemnification obligation shall survive the termination or expiration of this
Auction Agreement and any agreements between You and Your Registrar. This
indemnification is in addition to any indemnification required under the UDRP and/or the
Standard Registration Obligations.
You also agree that if mTLD is notified that a complaint has been filed with a governmental,
administrative, or judicial body regarding an Authorization Code won by you in the Domain
Auction or a Domain Name subsequently Registered using such code, mTLD, in its sole
discretion, may take whatever action it deems necessary regarding further modification,
assignment of and/or control of the Authorization Code or associated Domain Name deemed
necessary to comply with the actions or requirements of the governmental, administrative, or
judicial body until such time as the dispute is settled. In this event, you agree to hold mTLD
harmless for any action taken by mTLD.
15. Compliance with Applicable Law
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You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding
your participation in the Domain Auction.
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’s failure to exercise or enforce any right or provision of this Auction Agreement shall
not constitute a waiver of such right or provision unless acknowledged and agreed to by
mTLD in writing.
17. Severability
You agree that the terms of this Auction Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and effect.
18. Notices
You agree that all notices from mTLD to You concerning this Auction Agreement may be
posted on the dotMobi Site and will be deemed delivered upon posting.
Notices from you to mTLD shall be made to: __
[Premium Name Auction]
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dotMobi
11 Exchange Place
IFSC
Dublin 1
Ireland
General Inquiries:
Mail:
dotMobi
11 Exchange Place
IFSC
Dublin 1
Ireland
Telephone:
[00 353 1] 8541100
Facsimile
[00 353 1] 7918569
Email:
[email protected]
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i

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I have read it and nowhere does it give mTLD the right to void an auction when it has completed and contracts have been made.

Sedo and mTLD are going down fast!