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| The . US TLD Nexus
Requirements
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Nexus
Policy
Registrants in the usTLD must be either:
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 [Nexus
Category 1],
2. 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
3. An entity or organization that has a bona fide presence in
the United States of America or any of its possessions or territories.
[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 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.
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