Individual

[olebean]

This is remarkably odd, for a number of reasons, but, read into it as you will...

Having never heard from nominet in any form, yesterday I received and email:

Dear Olebean

It has been bought to our attention that you do not meet the criteria to
use the opt out service that stops your contact address from being shown
in our WHOIS. The reason for this is that the domain name is being used
for trading purposes and is advertised as being for sale..


I my view, there are several points: Firstly, that an individual is not allowed to sell a domain (even though the domain is not up for sale) Secondly, in the short term a domain may not be parked. Thirdly, even though detail were expressly requested to be witheld, Nominet without seeking clarification and contary to terms and conditions, judged that the long term use of the domain was a parked domain.

Certainly, this is more than a tad concerning.

 

[Beasty]

Big Bob is watching you olebean!!

 

[olebean]

Big Bob is watching you olebean!!

If Big Bob is watch I am pleased!

 

[aquanuke]

For all your .uk's or just one?

 

[retired_member6]

The same happened to me, got DRS'd shortly after. :mrgreen:

 

[olebean]

For all your .uk's or just one?

Just one .uk

Odd huh!

 

[aquanuke]

Just one .uk

Odd huh!

who you upset

 

[olebean]

who you upset

Aqua

would i upset anyone

 

[charlie]

I would like to the know the definition and the restrictions - when do we slip into the category of sole trader?

 

[olebean]

Charlie

I have no idea, for tax purposes, an idividual can sell a domain etc as long as they declare it on a tax return

This just came through

If you were to change your usage of the
domain name (i.e. not offer it for sale etc) then you would be eligible to
use the opt out service

OB

 

[olebean]

Again one issues I have concerns with, it the disparity with reality to the real world

 

[Jeewhizz]

Sounds pretty silly to me...

You can sell an asset as an individual, without being a sole trader. If you do, it isn't taxed as a sale, but as a capital gain i believe...

 

[grantw]

Again one issues I have concerns with, it the disparity with reality to the real world

I've had similar to this before, is the domain parked??

Grant

 

[olebean]

I've had similar to this before, is the domain parked??

Grant

Grant

It is parked for now, that isn't my long term developments for it


OB

 

[grantw]

Grant

It is parked for now, that isn't my long term developments for it


OB

I think Nominet take the view that a parked domain will potentially have an income, they therefore class it as business use, hence you cannot hide your details as an individual.

Bottom line is someone has reported this to Nominet, when it happened to me I was expecting a DRS but never heard another thing!. Im aware of this happenig to a few other people too.

Grant

 

[olebean]

I think Nominet take the view that a parked domain will potentially have an income, they therefore class it as business use, hence you cannot hide your details as an individual.

Bottom line is someone has reported this to Nominet, when it happened to me I was expecting a DRS but never heard another thing!. Im aware of this happenig to a few other people too.

Grant

Grant

I understand that could be an interpretation... did they look at your other domains and change them?

What their T & C suggests

You are a consumer if you are an individual not registering, using or planning to use the domain name as part of a business, trade or profession

They didnt ask what i planned for the domain....

 

[grantw]

Grant

I understand that could be an interpretation... did they look at your other domains and change them?

What their T & C suggests

They didnt ask what i planned for the domain....

They just changed the one that had been complained about - I tried to get it out of them who had reported it but they were having none of it!

Grant

 

[olebean]

They just changed the one that had been complained about - I tried to get it out of them who had reported it but they were having none of it!

Grant

Interesting, Nominet are ensuring all domains I have regged show detail their reasoning "whether or not you are using the domain name as a consumer", Planning criteria does not appear to be a considered factor....

 

[olebean]

Futher update

There is no question that anyone can offer their domain name for sale but the issue here is not whether you are a private individual or not but instead it is whether or not you are using the domain name as a consumer

Against

If you were to change your usage of the domain name (i.e. not offer it for sale etc) then you would be eligible to use the opt out service

Make of it as you will!

 

[mishmash]

Until they make all registrars enable their registrants to easily change their opt-out status (see this thread)I don't think the the use of the opt-out or not has much credibility and certainly shouldn't be used as an argument in a DRS.