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Incorrect use of §11.2 of Nominet's terms

Should Nominet be responsible for releasing the add of a company in breach of §11.2?

  • Yes, In certain circumstances only

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I have just sent this email to Nominet, I wonder if I will get a response.

Hi Nominet,

I am trying to locate the company behind '***********.co.uk'.

However I believe they have concealed there address using §11.2 of the 'Terms and Conditions of Domain Name Registration', that allows consumers to protect there address, but not registrations for companies or organisations.

Would it be possible to either, remove this concealment or to release the address of ***** ******* to me?

Thanks, Daniel @ Geekified

*I have concealed the domain for obvious reasons.
 
Are they opted out ?

Does the domain have any kind of site on it ?

IF the domain has no demonstrable site on it, even if they are a business then no term is broken. If they have a trading site on it then all nom will do is remove the opt-out.
 
trading website?

Good luck.

It may also be worth a snap shot image of the website if it is clearly a trading website, send that to Nominet and they should release the information and change the Whois for anybody else.
 
You may wanna wait a while before contacting them tho, when I've had this happen to me, I've refused point blank to sell anyone contacting me for a month or so after, coz I didn't appreciate my whois opt out being removed :)
 
Skinner, If the site is just a holding page for wherever it was registerd, then that doesn't count at a company? I thought that they might refuse a sale based on that, so I was thinking of leaving it at least six months after before contacting them. Daniel

Stephen, That's not a bad idea, thanks.
 
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If the domain has the owners details as a holding page would (im assuming by holding page you do not mean the registrars default parking page and mean a page saying who owns it etc) why not just contact them through that route ?

Assuming the domains site isnt used for making a revenue or selling or any obvious business use thdn nom should disregard your request.

Roughly what is on the holding page ?
 
Skinner, it's the registrars default page, I wouldn't be asking Nominet for details if there was a contact form, email or even postal address for the owner.
 
There is no rule being broken as far as I can see, so nom will prob disregard your request.

You'd have been better off contacting the registrar and ask them to pass a message along.

I'd say you'll be out of luck, you never know tho Nom are not always predictable.
 
Reply from Nominet

Well, Nominet got back to me, it's good news on the part of getting the information about the registrant. By the looks of it, it doesn't matter what's on the domain as long as it's not a persons name in the whois.

Nominet said:
I have had a look at this case for you and you are correct to assume that the owners of this domain should not have their details opted out of the WHOIS search. In order to qualify for this the domain should be registered to an individual whereas '*********’ is not. In order to resolve this I have started an ‘Opt-out Workflow’ from our end which aims to get these details updated by contacting the current registrant requesting the relevant changes to be made.

Although, this has worked this time, I think based on some of the comments above it should only be used as a last resort.
 
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Daniel, do you need to edit your quote, or was that left in on purpose?
 
Well, Nominet got back to me, it's good news on the part of getting the information about the registrant. By the looks of it, it doesn't matter what's on the domain as long as it's not a persons name in the whois.



Although, this has worked this time, I think based on some of the comments above it should only be used as a last resort.


It hasn't necessarily worked though. All that is going to happen is Nominet will email them and tell him to fix it. Which gives him two options - he could list the whois info, or he could change the registrant to a persons name and continue to keep everything else hidden.
 
Only a 'UK individual' registrant type is eligible for WHOIS opt-out, and only then where the site is non-commercial. I have seen sometimes a registrant set their 'type' to 'individual' but then put the registrant name as "My Company Ltd" which is obviously an incorrect use of WHOIS opt-out. Nominet will step in on these types of domains and either get them to correct the registrant information within a timescale or they'll remove the opt-out.
 
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