Warning to those who violate Nexus restrictions for .us

[mole]

http://www.neustar.us/policies/nexus_changes.html

[bidawinner]

Mole the restrictions are very basic and liberal...basically either be a US citizen, US business OR be doing business in the US..
In other words ..damn near everyone ..

[mole]

I has always been that way, bid.

But now the burden of proving this is shifting to the owner of the domain.

[Glamorama]

If all the registration info are in order
you just have to sell to US citizens
in order to meet the requirements.
Right!?

[mole]

Originally posted by Glamorama
If all the registration info are in order
you just have to sell to US citizens
in order to meet the requirements.
Right!?

That's one way for foreign speculators to look at it, yes. You must be using WebTV right?

[StockDoctor]

You must have purchased the US domains following the Nexus requirements and

You must sell only to someone who currently meets the Nexus requirements.

Someone who just transacts business with US individuals or companies does not meet the requirements as I read them, and could be challenged. Doc

[mole]

Moral of the story :-

Always speculate on gTLDs, not ccTLDs.

[mole]

Same applies for those who are going for .com.cn registrations in December. The Chinese government is known to be fickle.

[Glamorama]

If the domain and it´s content are located in the .US, doesn´t that mean
it (including the owner) has "lawful activities in the .US"?

[beatz]

All you need is a screenshot of the Nexus policy from the time when you actually registered your .us name.They can't legally bind you for domains that were registered BEFORE the Nexus change anyway.

[StockDoctor]

All they are doing is changing the results of a challenge from just deleting the name, to allowing the challenger to be awarded the name.

If the original reg was non compliant with the Nexus requirements WHENEVER it was regged, the challenger can now end up with it.

From what I've been told, the sale of a fraudulently regged name can be unwound and the new buyer left out of pocket AND out of a name.

Of course the buyer can go back to sueing the seller but it might be pretty difficult if they're from Botswannaland or Pingpongtong.

Buyer beware!

[bidawinner]

mole your making a mountain out of a MOLE hill..

The true moral of the story is .comers are getting more nervous every day and ..

this is NOT a big deal...

stocdoctor pretty much laid it out.. the only real differnce would be instead of a challenged domain just dropping the chalnger (assuming he fills all of nexus registrations requirements) can then reg the name ..JUST AS IT SHOULD BE !

If someone is sitting on oyur property and you do all the work to evict then you should get the name..

The true moral of the story is ..if you want to cybersquat ..it will cost you in .US and even then nexus clearly points out that it is linited to losing the domain !..
specualtion lives on but cybersquatters can lose if challenged and challenger would get the domain..

[beatz]

Originally posted by bidawinner

If someone is sitting on oyur property and you do all the work to evict then you should get the name..

The true moral of the story is ..if you want to cybersquat ..it will cost you in .US and even then nexus clearly points out that it is linited to losing the domain !..
specualtion lives on but cybersquatters can lose if challenged and challenger would get the domain..

Uh?
What are you talking about - what if this new Nexus change invites people to challenge any name they weren't able to register so they could get hold of them this way? I would call THOSE challengers cybersquatters.
And to call people cybersquatters just because they might fail the Nexus policy is a bit over the top looking at the loose wording of the policy itself and the heavy promotion for .us performed by Neustar themselves in asian and european countries.

[bidawinner]

Beatz,

How can you can call a person or company with legitimnate rights to the name " cybersquatters".. you seem upset ...want to show us your .US names ?

If it keeps the riff raff away this will only INCREASE the value of .US

I dont want some Korean script writing squatter laying claim to all the best names... If Nexus plans on fighting that nonsense (by allowing us to fight back )..I'm all for it..

[Glamorama]

If the domain and it´s content are located in the .US, doesn´t that mean
it (including the owner) has "lawful activities in the .US"?
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Any comment on this?

[StockDoctor]

Here's the applicable Nexus wording. The requirement for an "APPLICANT" is that they meet these requirements BEFORE they reg a US name. They can't reg a name and then offer goods or services via the name AFTER it was regged to satisfy Nexus. This is what is meant by the "SOLELY" wording. Also pay attention to the "SUBSTANTIAL" and "RELATED" provisions.

Nexus Category 3
A foreign 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.
·Applicant must also (1) regularly engage in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the United States; or (2) maintain 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.

[Glamorama]

meet these requirements BEFORE
-------------------------------------------
I do.

[DotComster]

I don't need any warning Not to get a .US - I don't even want my own country's TLD - I'm old fashioned cause I prefer dot coms

[Banned: CoolHost.com]

"Warning to those who violate Nexus restrictions for .us"

UH OH ... trouble on the horizon for ".US" holders???
Good Luck.