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  1. #21
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    If the TOS was changed AFTER the auction, I believe that is grounds enough for legal action.


    Forget this thing being about dot mobi, or sedo, or anything.

    Think about it from a broader perspective of domaining in general. Domainers are really treated like shit, from Parking companies to auction websites. In no other industry are the actual players short changed so much.

    There is this attitude that domaining is a "hobby" or something you do part-time and don't really care about. This gives the likes of sedo and Bodis to define terms on their own accord, cancel them, change them on their own free will. Which other professional industry works this way?
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  2. #22
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    Quote Originally Posted by sashas View Post
    Which other professional industry works this way?
    Prostitution?

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  3. #23
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    I guess if the bids are much lower the second round .mobi will call them void and "keep" the names

  4. #24
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    Sashas I don't know whether it is changed or not... My point was what was the fineprint at sedo and Mobitld before auctions. Does any of the bidders know that MobiTLD can void the auction and it has that right before the auction took place? does any one took a print out of TOS or just being blind bid like crazy...

    If no one thought of this why whine now? accept the consequence and carry on with life.
    The point of domainers being treated like sh*t is true to the extent of 80%
    Life is beautiful, Live it to the Fullest!
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  5. #25
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    Creature, you are right.
    In fact I was so excited to can bid again this domain I lost that I admit I did not really read the details of the post.
    That's sure it's a good news for some domainers and a bad one for others.
    But what was the better decision to take?
    Domaining.com --- It's about making money with domain names.

  6. #26
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    To my knowledge no bidder was given any TOS showing that mTLD had the right to void an auction. Indeed, it would have seemed prudent that if such a clause existed that had been shown to prospective bidders that sedo/mTLD would have referred to it in todays release.

    I will take a bet of $20 US with any member here that the proposed sedo mTLD auction does not take place. There will be injunctions flying left, right and center here.
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  7. #27

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    Quote Originally Posted by sashas View Post
    If the TOS was changed AFTER the auction, I believe that is grounds enough for legal action.
    Are you sure sashas?

    Effective Date: 10/23/2006
    Posting Date: 10/23/2006

    http://www.sedo.co.uk/about/policy.p...id=&language=e

    Quote Originally Posted by nametrader View Post
    Does any of the bidders know that MobiTLD can void the auction and it has that right before the auction took place? does any one took a print out of TOS or just being blind bid like crazy...
    Don't Mtld or any other company automatically get the right (perhaps in Statutory law) to void a job that gets totally messed up ?
    Last edited by Creature; 12-17-2007 at 08:22 PM. Reason: Automerged Doublepost
    'Those who stand for nothing fall for anything' - Alexander Hamilton in 1978

  8. #28
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    Quote Originally Posted by Creature View Post
    Are you sure sashas?

    Effective Date: 10/23/2006
    Posting Date: 10/23/2006

    http://www.sedo.co.uk/about/policy.p...id=&language=e



    Don't Mtld or any other company automatically get the right (perhaps in Statutory law) to void a job that gets totally messed up ?
    Rights are not assumed they are DEFINED. You are talking MILLIONS here. This is not a fish market.
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  9. #29
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    Creature, the basic answer to your question about rights to void an auction is an emphatic 'No'. mTLD do have the right though to sue sedo for damages, providing mTLD were not co-responsible for the dibacle.
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  10. #30
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    Quote Originally Posted by Fearless View Post
    Maybe some of the idiots that bid ridiculous amounts of money for .mobis will wise up and avoid the re-auction.
    Well put. Now you will have a shot at some premiums!

    Did you have something to do with this?

    Quote Originally Posted by Acroplex View Post
    Prostitution?
    Do they offer refunds?
    Last edited by Gerry; 12-17-2007 at 08:55 PM. Reason: Automerged Doublepost

    "Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
    Condemnation of Mobee boys and investors by our precious Mother Theresa of Domaindom

  11. #31

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    Quote Originally Posted by BILLBO View Post
    Creature, the basic answer to your question about rights to void an auction is an emphatic 'No'. mTLD do have the right though to sue sedo for damages, providing mTLD were not co-responsible for the dibacle.
    I won't go on about it but it seems right to me that mTLD can say, 'look sedo, you thoroughly messed up the job that I gave you to do, so please do it again'.

    Nametrader, I agree that rights are defined........I was saying that those rights may not necessarily all be defined in the Sedo Terms and Conditions.
    'Those who stand for nothing fall for anything' - Alexander Hamilton in 1978

  12. #32
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    Quote Originally Posted by BILLBO View Post

    I will take a bet of $20 US with any member here that the proposed sedo mTLD auction does not take place. There will be injunctions flying left, right and center here.
    I have to agree. Someone willing to shell out 600 grand is not going to think twice about hiring an attorney.

    There may have been some new players but by no means small players.

    Quote Originally Posted by nametrader View Post
    Who gave the right? Is it self defined and issued? or added to it's Terms and Conditions after this fiasco? or is it there before the auction took place.
    We are not privey to the actual terms of the contract entered between sedo and mTLD.

    The entire thing is a mess. Most were reserve auctions.

    mTLD needs to re-evaluate its entire thinking after this fiasco. 5,500 premium names held, selling 100 at a time, only 200 thus sold, 5,300 left, so how is it going to go?

    53 more months?

    Time to look within.
    Last edited by Gerry; 12-17-2007 at 09:06 PM. Reason: Automerged Doublepost

    "Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
    Condemnation of Mobee boys and investors by our precious Mother Theresa of Domaindom

  13. #33
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    Quote Originally Posted by Creature View Post
    I won't go on about it but it seems right to me that mTLD can say, 'look sedo, you thoroughly messed up the job that I gave you to do, so please do it again'.

    Nametrader, I agree that rights are defined........I was saying that those rights may not necessarily all be defined in the sedo Terms and Conditions.
    Hi Creature, I understand you but when you are doing business in millions you have to be more responsible. You cannot reverse the auctions, There was a problem, hence Auction is extended and then ended in good faith. Why think about it reconsider reauction, this is not fair. This server trouble is not the first, it has happened before.

    Mr.Doc you did the thing, now you want refund? not fair
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  14. #34
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    Here is a copy of the sedo/mTLD end user contract with the bidders.


    ................................................
    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).
    US1DOCS 6357275v1
    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
    US1DOCS 6357275v1
    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]
    US1DOCS 6357275v1
    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:
    premium@mtld.mobi
    US1DOCS 6357275v1
    i
    ............................................

    I have read it and .mobi/sedo are stuffed!
    Coming soon: ...............................MySiteIs.com
    ..................................Everyone's local site - Everyone's personal site
    .................................................. ........

  15. #35
    Dances With Dogs
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    Quote Originally Posted by nametrader View Post
    Mr.Doc you did the thing, now you want refund? not fair
    If she don't fulfill the contract, then yeah...refund

    Quote Originally Posted by BILLBO View Post

    I have read it and .mobi/sedo are stuffed!
    Number 14 may be the out that mTLD needs and authorization.

    Somehow I feel that there is now no love between sedo and mTLD.
    Last edited by Gerry; 12-17-2007 at 09:26 PM. Reason: Automerged Doublepost

    "Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
    Condemnation of Mobee boys and investors by our precious Mother Theresa of Domaindom

  16. #36
    DNF Addict

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    Quote Originally Posted by Doc Com View Post
    I have to agree. Someone willing to shell out 600 grand is not going to think twice about hiring an attorney.

    There may have been some new players but by no means small players.

    We are not privey to the actual terms of the contract entered between sedo and mTLD.

    The entire thing is a mess. Most were reserve auctions.

    mTLD needs to re-evaluate its entire thinking after this fiasco. 5,500 premium names held, selling 100 at a time, only 200 thus sold, 5,300 left, so how is it going to go?

    53 more months?

    Time to look within.
    They said this is the third and final auction

  17. #37
    DNF Addict
    sashas's Avatar
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    Quote Originally Posted by DNWizardX9 View Post
    They said this is the third and final auction
    Then how are they going to sell off the rest of the 5200 names? .tv style premium prices?

    If the TOS was changed AFTER the auction, I believe that is grounds enough for legal action.


    Are you sure sashas?

    Effective Date: 10/23/2006
    Posting Date: 10/23/2006

    http://www.sedo.co.uk/about/policy.p...id=&language=e
    I'm no lawyer, but then these terms themselves seem wrong. Sedo having the ability to change their contract at any time without prior notice sounds unfair. What would you do if the car dealership you bought your car from changes its contract the moment you walk out with the keys?
    Last edited by sashas; 12-17-2007 at 11:48 PM. Reason: Automerged Doublepost
    Writers Available: Top Quality Content Creation Service from Experienced Domainer & Marketer, $10/article, writers with Master's degrees and journalism experience.

  18. #38
    TheLegendaryJP's Avatar
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    Quote Originally Posted by Fearless View Post
    Maybe some of the idiots that bid ridiculous amounts of money for .mobis will wise up and avoid the re-auction.
    What are you saying Greg, a worthless extension based on common sense isnt worth 6 figures !



    In saying that dnf.mobi at sedo , auction estimates $55,000.

  19. #39
    Dances With Dogs
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    Quote Originally Posted by DNWizardX9 View Post
    They said this is the third and final auction
    It was the third and final with sedo, per sedo's website pre-auction.

    Perhaps Moniker, mTLD, snap? Who knows.

    "Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
    Condemnation of Mobee boys and investors by our precious Mother Theresa of Domaindom

  20. #40
    Making Everything Click
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    I am sooo bidding this time
    I'm buying credit, banking, loan, insurance related generics in .com, .net, .org with high search volumes/traffic. Will consider typos too! - PLEASE PM with name, info, & asking price!

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