Domain Lease Broken (what can I do?)

Discussion in 'Legal Issues' started by greenfday6, Feb 21, 2008.

0
  1. #1
    Six months ago I began leasing a domain name from nucom[dot]com. Here is a cut and paste from an email I got back in August.
    Now he is making me pay full price or give up the domain. His reasons for this are because I was using the domain name for an adult site (btw No Adult Content was ever shown on the site, it just linked). I have bought some time by buying another domain and redirecting traffic from the leased domain, but he still refuses to lease the domain to me even though I have said I will not use it for an adult site. I'm in the US and believe he is in Scotland. Is there anything I can do?
     
    greenfday6, Feb 21, 2008 IP
  2. The Critic

    The Critic Peon

    Messages:
    392
    Likes Received:
    7
    Best Answers:
    0
    Trophy Points:
    0
    #2
    If the terms of the lease stated no adult content then linking to adult content was a pretty bad idea. It's certainly possible that that could be construed as a breach of contract, depending on the wording used. Still, even if he is in the wrong it would be very difficult to remedy the situation legally since he is a different country, and even if you succeeded in suing him I doubt you would get enough out of it to make it worth the whole mess.

    On a side note, that must be a pretty bitchin domain to be so expensive.
     
    The Critic, Feb 21, 2008 IP
  3. greenfday6

    greenfday6 Member

    Messages:
    83
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    43
    #3
    Well it is a 4 letter pronounceable domain. :)
     
    greenfday6, Feb 21, 2008 IP
  4. productions

    productions Peon

    Messages:
    88
    Likes Received:
    4
    Best Answers:
    0
    Trophy Points:
    0
    #4
    Was their a full agreement or was that it? Where are you located and where is the lessor?
     
    productions, Feb 23, 2008 IP
  5. greenfday6

    greenfday6 Member

    Messages:
    83
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    43
    #5
    That was pretty much it. I'm in the US and i guess he is in Scotland. The email I got from him 6 months ago had those lease agreements as well as paypal subscribe link.
     
    greenfday6, Feb 23, 2008 IP
  6. productions

    productions Peon

    Messages:
    88
    Likes Received:
    4
    Best Answers:
    0
    Trophy Points:
    0
    #6
    According to the language "The lease will continue in perpetuity for as long as you continue to pay the monthly lease payment" he violated the lease. The question is, is it worth to go after him? What are your damages?
     
    productions, Feb 23, 2008 IP
  7. RectangleMan

    RectangleMan Notable Member

    Messages:
    2,825
    Likes Received:
    132
    Best Answers:
    0
    Trophy Points:
    210
    #7
    You can sue him in the USA for his US assets (paypal)....you might want to consider getting a lawyer. Also check to see who registrar is and if they are inside the USA. A court order would work to cease the domain possibly...again...consult a lawyer.

    The question of course is how much is a lawyer worth to you if you can just buy the domain for $1500. Maybe it's time you simply renegotiate a purchase price and just obtain the domain. At $25 a month that's just 2 1/2 years of payments. I personally would rather just buy the domain.
     
    RectangleMan, Feb 23, 2008 IP