Tuesday, October 19, 2004

Domain Transfer Agreement (Or Not)

I know that debt collectors must deal with pretty idiotic people on a normal basis, but Winn and Sims must think I'm beyond stupid. The settlement agreement was already signed and executed by all parties, and part of that agreement was a clause that I would transfer the domain to them by completing any necessary domain transfer forms within 10 days of receipt.

Now, they try to slip a whole "Domain Transfer and Assignment Agreement" in the backdoor (which is longer than the original settlement agreement) that they think I'm going to sign. Pretty much everything that they couldn't get me to agree to in the settlement agreement is showing up in this. Or maybe they just want me to sign something that says I'm still willing to transfer the domain to them? I'm not going to breach the original settlement agreement, so as soon as they get me domain transfer info, the domain is theirs.

Here are some of my favorite parts from the new one...
  • I can never apply for any derivative domain name

  • I will not take any action that will detriment (whatever that means... {shrug})

  • I won't apply for a trademark with their name (or anything similar) in it (uh, because I wanted one? huh?)

  • I will not purchase a META-TAG on any website that references any trademark of theirs (after reading that, I wonder if they know what a meta tag actually is or not). Either way, has anyone in the world ever heard of someone buying a meta tag? Maybe someone would like to buy my <br> tags... This could be a hot item on eBay I'm sure. heh

  • They would like me to transfer all goodwill I have associated with

  • They want me to grant them power of attorney for my domain names (this one is so funny I actually started to cry from laughing so hard... really).

  • They want me to remove all the content of my site

  • I won't maliciously redirect traffic from their domains to my own or link to their domains (uh, okay... why not put in there that I won't steal a nuclear warhead from our government. It has about as much probability or relevance).

  • They want any future disputes to be resolved in Orange County (right after they signed the *actual* settlement agreement which states future disputes will be resolved in San Diego).

What's even funnier is there is a provision in this new agreement that basically reads exactly as the original (signed) agreement does. Basically saying I'll transfer the domain name to them. I wonder what would happen if I lost my mind and did sign this one? Would I get another agreement I'm supposed to sign saying that I still agree to transfer the domain ownership? :)

As far as I'm concerned the original dispute has been settled and there isn't going to be any further agreement I'm going to sign (other than the transfer agreement with the domain registrar).

While we are in the process of trying to get people to sign binding agreements for absolutely no reason whatsoever, maybe I'll see if they would be willing to sign an agreement that all Winn and Sims employees will get a tattoo of my name somewhere on their body.

Sunday, October 17, 2004

New Domain

Since Winn and Sims gets my domain as part of the settlement agreement, I've moved everything over to my new domain ( To be honest, I kind of like this one better anyway. :)

Friday, October 15, 2004

Dispute Settled

I got a signed copy of the settlement agreement yesterday. Since I made it specifically clear I would not agree to anything that requires confidentiality, I can share it. This is what it ended up being...
  • I get my money back that was levied ($6,858.94).

  • Cavalry agrees to pay for my attorney fees ($3,000).

  • Winn and Sims gets ownership of the domain (but not the content).

  • Any future disputes between us will be resolved in San Diego (rather than Van Nuys).
So what it basically comes down to is I get all my money back, plus my attorney fees, but then I'm out $8 for the cost of the domain.