Omit dot com For Sale

[topfetch]

Issue with snapnames finally resolved. For the final time Omit dot com is for sale here.

BIN set at $5,900

[gingeman]

Are you ****ing kidding me. How was this name stolen back from my account? Expect legal ramifications of this- you, moniker and snapnames. I clearly won this name at auction and never authorised anyone to take it from my account.

[tetrapak]

This domain was indeed sold at Snapnames, and it seems Chris was the high bidder..

[Carter]

Who stolen what?

Mods please move this thread in the Legal Section.

[gingeman]

I purchased this name through snapnames, the domain was transferred to me, whois updated etc. I parked it for nearly two weeks then today I see it has been stolen from my account.
I will venture to say there appears to be a good deal of corruption at oversee.net, and it appears they feel they can just steal domains from my moniker account.

Moniker used to be good, and very secure- this fact is the main reason I regsiter the vast majority of my domains there and hold a large percentage of my portfolio with them. Now it seems they feel they can do as they please.

If anybody has any legal advice here please contact me asap, as unless this name is returned I intend to pursue legal action. The corruption in this industry must cease.

[Carter]

Originally Posted by gingeman

I purchased this name through snapnames, the domain was transferred to me, whois updated etc. I parked it for nearly two weeks then today I see it has been stolen from my account.
I will venture to say there appears to be a good deal of corruption at oversee.net, and it appears they feel they can just steal domains from my moniker account.

Moniker used to be good, and very secure- this fact is the main reason I regsiter the vast majority of my domains there and hold a large percentage of my portfolio with them. Now it seems they feel they can do as they please.

If anybody has any legal advice here please contact me asap, as unless this name is returned I intend to pursue legal action. The corruption in this industry must cease.

Very sad mate :(
I hope you will have the domain in your account soon...

Let us know the news about it.

[gingeman]

I should add that snapnames, moniker and topfetch have not communicated with me over this, instead have just done this without any authority or consultation. I even contacted them when they refunded my payment a week after I had control over the name to ask what was going on- they didn't even have the decency to respond.

[marcorandazza]

unless this name is returned I intend to pursue legal action.

Did you get your money back?

[james2002]

Originally Posted by gingeman

I should add that snapnames, moniker and topfetch have not communicated with me over this, instead have just done this without any authority or consultation. I even contacted them when they refunded my payment a week after I had control over the name to ask what was going on- they didn't even have the decency to respond.

It is no good at all. I think that the seller gave some reason about the domain auction here in dnforum and asked moniker to revert the auction. Which auction started earlier? Dnforum auction or Snapname auction?

[gingeman]

The name was never sold here. I bid on an existing snapnames auction. I assume the seller did not like the price it sold for and has somehow convinced moniker/snapnames to return the name to him. I believe the snapnames auction was ruinning before the name was posted for sale here. Yes, I have got my money back, but I really don't see the relevance. The issue is that moniker have, without any communication whatsoever, allowed snapnames to access my account and transfer a domain to somebody else just because they didn't like the price there dmain sold for at snapnames auction.
The cost of the domain is one thing, but what about my time researching the domain the inconvenience of them having over $2k of mine for nearly two weeks, the fact I had the domain listed for sale on my site- what if it had sold already? What sort of a mess would this be then.

It is a disgusting, corrupt practice that you would not get anywhere else, as it is only possible because snapnames and moniker are part of the same company, oversee.net.

The issue is how do they think they have authority to take names from my account which I purchased through their system, legally and fairly according to their own auction terms?

[marcorandazza]

Yes, I have got my money back, but I really don't see the relevance.

It is tremendously relevant. If there was some kind of mistake in the listing, then the seller just might have a right to get the domain back. This reminds me of a person who called me yesterday. His girlfriend saw 52" plasma televisions for sale online for FOUR DOLLARS! Woo hoo, she bought four of them. When it turned out that they were mis-priced, they cancelled the order. She wanted to sue.

Naturally, this is a bit more extreme than your story. But, lets just chill the hell out with your rhetorical use of terms like "steal," and "corruption." You might have been aggrieved, but your outrage is a little over the top.

The cost of the domain is one thing, but what about my time researching the domain the inconvenience of them having over $2k of mine for nearly two weeks, the fact I had the domain listed for sale on my site- what if it had sold already? What sort of a mess would this be then.

Lets presume that there was a mistake, and thus the seller had some right to take the domain back. (And I don't necessarily agree that there was).

Your time researching the domain might entitle you to some compensation for your trouble. Of course, you would need to quantify that and whoever made the error ought to compensate you for it. However, if all you did was an hour of web surfing and an hour of math, I'd imagine you're not looking at any more compensation than it would take to go to the movies with a date. The inconvenience of having your money for two weeks? Again, we're not talking about rivers of tears here -- but theoretically, there might be some lost interest. You may be entitled to about $16.

Had it been resold already, well that didn't happen, did it? Nevertheless, lets ponder what that would mean. The new purchaser would have been an innocent party who purchased for a fair market value from a willing seller. We couldn't very well penalize him, nor penalize you. In that circumstance, the status quo would have been the most just result.

It is a disgusting, corrupt practice that you would not get anywhere else, as it is only possible because snapnames and moniker are part of the same company, oversee.net.

Not necessarily. It would be more "disgusting" if an innocent seller merely made an error and some blowhard thinks "finders keepers" is how the world ought to work. There's nothing "corrupt" about it unless there is some kind of a bribe or inside job taking place (which there might be, in which case I would agree with you that it is both disgusting and corrupt).

The issue is how do they think they have authority to take names from my account which I purchased through their system, legally and fairly according to their own auction terms?

Yes, this is a key issue. Have you fully reviewed the terms and conditions on the websites of all the relevant companies and sub-companies? Perhaps this is authorized there? (Or perhaps it is prohibited, thus strengthening your argument).

You may be right, you may be wrong, but I'm weighing this as a 35% chance that you're right and a 99% chance that you ought to take a valium.

[topfetch]

Wow sorry for the confusion. Snapnames made an error in the listing and they cleared it up. They were very busy at the time of listing and didnt do it in time. However they did the correct thing in refunding and returning the name back to me.

The name is now for sale exclusively here on dnforum. Please do not ruin my thread. We can discuss whatever you want in private. In fact I did email you and tell you of the error so dont say I never contacted you.

[marcorandazza]

Well, there we have it. Unless topfetch is lying it looks like the mystery is solved.

[Acro]

Pistols at 11 paces, 2am behind the old cemetery. That'd resolve the dispute. Or not.

[denny007]

Not so long ago they sold one domain from my account and they claimed it never ever happened before and it was very unique error, LOL

Glad I transfered all away and whenever I win something on Snapnames which is at Moniker I transfer it right away.

[gingeman]

My issue is not with topfetch, it is with the fact that how can one company, without any correspondance whatsoever, take names from my account? If this is in their terms and conditions then so be it, but I'll wager few people who use their services are aware of it.

Perhaps you are right, I should chill out, but there is corruption everywhere in this industry and I am sick of falling victim to it.

If snapnames or moniker made an error and intended to return the name to the previous owner, the least they could do is email me or phone me. I am a reasonable guy, but the fact that they can just dip into my account and remove a name silently is extremely unnerving.

They have failed to respond to any email I sent them about it, which could have prevented any of this.

Topfetch, to say I have limited sympathy with you for my 'ruining your thread' is an understatement.
You did not contact me, I contacted you, to ask you of what had happened when I saw the name I was bidding on on snapnames listed for sale here.

As for my use of the word 'steal'

The domain has been removed from my account without ANY correspondance, warning or similar from any of the parties involved. How exactly would you feel if you logged onto a forum and saw one of your domains being sold by somebody else, and when you checked your account it was no longer there.

I have had to piece together the B.S to see what has happened, if nobody likes what I am saying I gave them fair chance to talk to me about it prior to posting here.

I assume Topfetch did not like the price it sold for on snap so they returned the name to him, which I do not think is fair practice. I assume this as it has proven impossible to get any clarification from any of the oversee.net companies.

[owntag]

Originally Posted by topfetch

Snapnames made an error in the listing and they cleared it up.

What was the error?

I have some quality domains are in the auction list, hopefully they won't make the same error

[marcorandazza]

If snapnames or moniker made an error and intended to return the name to the previous owner, the least they could do is email me or phone me. I am a reasonable guy, but the fact that they can just dip into my account and remove a name silently is extremely unnerving.

I can empathize with that. But, take a long look at their terms and conditions. I haven't done so myself, but I'll put it on my "pleasure reading" list. heh. But seriously, most websites' terms and conditions or user agreements contain all kinds of kooky provisions that you really wouldn't agree to if you a) read them, b) understood them, and c) thought they would ever actually apply to you. Read these, if you want a chuckle: http://randazzacontact.wordpress.com/

I know that oversee's lawyers aren't any slouches. My suspicion is that they buried the right to do this in their T&Cs, and you checked a box somewhere that says they have the right.

That doesn't make it any less unnerving though. It still might leave a foul taste in your mouth, but at the same time, put yourself in their position: If they don't rectify the error (and we're taking topfetch's word for it that there was one), then they become liable to topfetch. The quickest and surest way to return everything to the status quo ante is to immediately take care of business.

If they *didn't* do that, topfetch could (if he were so inclined) file in court against them and against you and seek a TRO (a court order) without even giving you notice -- a court could issue the TRO, the domain would be restored to topfetch, and THEN you get notice and an opportunity to present your case. But then you have to go get some pricey lawyer to fight it on your behalf.

So..., there may be rampant corruption in this business, but I don't think that Moniker/Oversee has demonstrated that here -- and in the long run, it just might be better that they handle things this way.

However, you've got a right to feel agitated if nobody communicated with you about it.

[Onward]

There is no indication Top Fetch has done anything wrong...as he indicated Snapnames made an error - did not catch their error in time and then they "fixed it" the way only they can.

I know I have made errors with Snapnames before and I was not able to play god and correct them...I had to pay for my error.

Frankly, The bigger problem I see is Snapnames just snapping names out of moniker accounts (with no explanation or notice) from auctions they sold...this is an oversee.net problem and IMO (just an opinion) they should take accountability for their error & pay Top Fetch the difference between the auction price and his BIN price....and gingeman should get the name he purchased from them.

[John Mauriello]

Gingerman-

Please let me know via Pm or by emailing me directly what name you are referring to, if you opened a ticket and the specifics on this. SnapNames does not just randomly take domains accounts without some kind of authorization. While your allegations sound pretty extreme I'm sure it has nothing to do with corruption and stealing.

Please let me know and we will address the issue ASAP.


Regards,
John Mauriello
jmauriello@moniker.com
954-861-3536
800-688-6311 Ext. 3536
FAX: 954-969-9155
ICQ: 341620056 AIM: monikermaurie
MSN: jmauriello@gmail.com