usTLD Nexus Domain Name Registrations
Note: This policy applies to all Registrants of .US domains and is administered
by the usTLD Registry operator, NeuStar, Inc.
Registrants in the usTLD must be either:
- A natural person (i) who is a United States citizen, (ii) a permanent resident
of the United States of America or any of its possessions or territories, or
(iii) whose primary place of domicile is in the United States of America or any
of its possessions [Nexus Category 1],
- An entity or organization that is (i) incorporated within one of the fifty (50)
U.S. states, the District of Columbia, or any of the United States possessions
or territories or organized, or (ii) otherwise constituted under the laws of a
state of the United States of America, the District of Columbia or any of its
possessions or territories (including a federal, state, or local government of
the United States, or a political subdivision thereof, and unincorporated
organizations based in the United States) [Nexus Category 2], or
- An entity or organization that has a bona fide presence in the United States of
America or any of its possessions orterritories. [Nexus Category 3]
Prospective registrant will certify that they have a "bona fide presence in the
United States" on the basis of real and substantial lawful contacts with, or
lawful activities in, the United States of America. This requirement is intended
to ensure that only those individuals or organizations that have a substantive
lawful connection to the United States are permitted to register for usTLD
domain names.
It shall be a continuing requirement that all usTLD domain name registrants
maintain the US Nexus Requirement.
To implement the Nexus requirement, NeuStar will:
- Require that Registrars certify that they enforce the nexus requirements upon
their registrants and that they require that their registrants to certify that
they meet the nexus requirement.
- Conduct a scan of selected registration request information to provide a
"veracity check" on the information.
- Conduct "spot checks" on registrant information.
Information Collected From Registrants
To register a name, registrants, through their registrars will be required to
provide basic registration information to the Registry. The minimum required
information is:
- The domain name registered;
- The IP address and corresponding names of the primary and secondary name servers
for the registered name;
- The registrar name and URL or, where appropriate, the identity of the delegated
manager under which the name is registered;
- The original creation date and term of the registration;
- The name and postal address of the domain name registrant;
- The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the name holder for the name registered;
- The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the technical contact for the name registered;
and
- The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the administrative contact for the name
registered.
In addition to the above information, registrants will be required to provide
certain additional Nexus Information to their registrar. Except where it is
noted below that a registration will be denied if information is missing,
failure of a registration to satisfy Nexus will result in the name being placed
upon a 30-day hold during which time the registrar will be notified and given
the opportunity to correct the information with the registrant. If no action is
taken by the registrar within the 30-day period, the registration will be
cancelled and the name will be returned to available status. The registration
fee will not be refunded. If, on the other hand, the registrar is able to
demonstrate compliance with the requirement and the information is corrected,
the hold will be released and the name will be registered.
- Certification that Registrant satisfies nexus requirement -- if not completed,
then registration will be rejected;
- Basis for compliance (Nexus Category 1, 2, or 3) -- if not completed, then
registration will be rejected
- Certification that the listed name servers are located within the United States
-- if not completed, then registration will be rejected
Nexus Category 1
A natural person (i) who is a United States citizen, (ii) a permanent resident
of the United States of America or any of its possessions or territories, or
(iii) whose primary place of domicile is in the United States of America or any
of its possessions
- statement of citizenship or legal permanent residency -- if not completed then
registration will be rejected
Nexus Category 2
An United States entity or organization that is (i) incorporated within one of
the fifty (50) U.S. states, the District of Columbia, or any of the United
States possessions or territories or organized, or (ii) otherwise constituted
under the laws of a state of the United States of America, the District of
Columbia or any of its possessions or (including a federal, state, or local
government of the United States, or a political subdivision thereof, and
unincorporated organizations based in the United States).
Nexus Category 3
An entity or organization that has a bona fide presence in the United States of
America or any of its possessions or territories.
- Applicant must state country of citizenship.
- Check from category list, basis for compliance with Nexus requirement --
regularly engages in lawful activities (sales of goods or services or other
business, commercial or non-commercial including not-for-profit activities) in
the United States;
- maintains an office or other property within the United States
Category 3 Nexus Certification
Prospective Registrants will certify compliance with Category 3 Nexus based upon
substantial lawful contacts with, or lawful activities in, the United States.
Factors that should be considered in determining whether an entity or
organization has a bona fide presence in the United States shall include,
without limitation, whether such prospective usTLD domain name registrant:
- Regularly performs lawful activities within the United States related to the
purposes for which the entity or organization is constituted (e.g., selling
goods or providing services to customers, conducting regular training activities,
attending conferences), provided such activities are not conducted solely or
primarily to permit it to register for a usTLD domain name and are lawful under
the laws and regulations of the United States and satisfy policies for the usTLD,
including policies approved and/or mandated by the DoC;
- Maintains an office or other facility in the United States for a lawful business,
noncommercial, educational, or governmental purpose and not solely or primarily
to permit it to register for a usTLD domain name.
Nexus Dispute Policy
Although the Nexus Requirement will initially be enforced through the
registration process, as described above, disputes may arise as to the
authenticity, veracity, or accuracy of the registrant's Nexus certification.
Therefore, NeuStar, as administrator of the usTLD has devised a Nexus Dispute
Policy (NDP) that will be administered solely by the usTLD Administrator, or
its designated representative. The NDP will provide interested parties with an
opportunity to challenge a registration not complying with the Nexus Requirement.
In the event that a third party wishes to challenge the authenticity or veracity
of a usTLD registrant's United States Nexus, that party may submit a "Nexus
Challenge" to the usTLD Administrator or its authorized representative. The
challenger must submit a written statement to the usTLD Administrator via first
class mail alleging with specificity, evidence to support its allegation that the
registrant fails to meet any of the Nexus Requirements set forth above. NeuStar,
as the usTLD Administrator, may itself begin the challenge process as the result
of its own "spot check" process. The written statement must be accompanied by a
signed Nexus Challenge Affidavit, which the challenger will download from
http://www.neustar.us/, and the required
NDP fee, as posted at www.neustar.us.
Once the usTLD Administrator receives a challenge, the domain name will be
placed upon "registry hold" until the matter is resolved. While the name is on
registry hold, the registrant may not (i) change any of the contact information
for that particular domain name or (ii) transfer the domain name to any third
party.
In the event that the usTLD Administrator finds that the challenger has
established a prima facie case that the registrant has not met the Nexus
Requirement, the usTLD Administrator Nexus Officer will issue a letter to
the registrant to submit evidence of compliance with the Nexus Requirements
("Letter"). The registrant shall have a period of thirty (30) days from the
date of the Letter to submit evidence of compliance. If, within the thirty
(30) days, the registrant submits evidence establishing compliance with the
Nexus Requirement, the registrant shall be permitted to keep the domain name.
If, however, the registrant either (i) does not respond within the thirty
(30 days, or (ii) is unable to demonstrate through documentary evidence that it
complied with the Nexus Requirement prior to the date the NDP was invoked, the
usTLD Administrator Nexus Officer will issue a finding that the registrant has
failed to meet the Nexus Requirement. Upon such a finding, the registrant will
be given a total of thirty (30) days to cure the US Nexus deficiency. If the
registrant is able to demonstrate within (30) days that it has cured such
deficiency, the registrant will be allowed to keep the domain name. If the
registrant either (i) does not respond within the thirty (30) days, or (ii) is
unable to proffer evidence demonstrating compliance with the Nexus Requirement,
the domain name registration will be deleted from the registry database, the
registrar for the name will be notified, and the domain name will be made
available for registration. This process represents the exclusive remedy for an
NDP challenger.
usTLD Administrator reserves the right to modify this NDP at any time with the
permission of COTR. usTLD Administrator will post its revised NDP on its Website
at least thirty (30) calendar days before it becomes effective.