.US domains question

[atlach]

How risky is it for a non US to register a .us, risky in term of chance to lose the domain afterward for example?

thx in advance

 

[domnet]

Why invest your money into a website that you could lose at any moment?

 

[bidawinner]

Who can register a .US domain name?

Any U.S. citizen or resident, as well as any business or organization, including federal, state, and local government with a bona fide presence in the United States can register a .US domain name.

One of the following eligibility requirements must be met:

A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or

Any entity or organization that is incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or 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, or

An entity or organization (including federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States. See Section B.3.1 of the NeuStar proposal to the Department of Commerce for details concerning what constitutes a “bona fide presence.“
http://www.neustar.us/faqs/index.html#who_can_register



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, conduc ting 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 U.S. Nexus Requirement will initially be enforced through the registration process described above, disputes may arise as to the authenticity, veracity and/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 U.S. 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 U.S. 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 sub mit 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 U.S. 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.

The usTLD Administrator reserves the right to modify this NDP at any time with the permission of COTR. The usTLD Administrator will post its revised NDP on its Website at least thirty (30) calendar days before it becomes effective.

My interpretation is that policy is extremely lenient IF indeed you :

(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; ..

As long as you can justify that I see no problems.. you have to undersatand the OBJECT of Neustar is to sale domains..thats their business..

IF on the other hand you simply live in another country and simply want to horde Dot US names for re-sale..then yes you could lose any name challenged.

 

[Drewbert]

>or (2) maintain an office or other property
>within the United States.

Colocated server? That's property.