.us Domain taken away from my panel by NeuStar

Discussion in 'Domain Names' started by E-IndiaWeb, Nov 10, 2008.

  1. #1
    Few days ago i got a mail from Neustar

    As you may be aware, in November 2001, the United States Department of Commerce
    ("DOC") selected NeuStar, Inc. ("NeuStar") to be the Administrator of the .us
    top-level domain ("usTLD"), the official top-level domain for the United States of
    America.  As Administrator of the usTLD, NeuStar has agreed to perform random "spot
    checks" on registrations in the usTLD to ensure that they comply with the usTLD
    Nexus Requirements which can be found at
    http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf .
    
    
    Our records indicate that you are the registrant of the domain name xxxxxx.us.
    On October 21, 2008, this domain name was randomly selected for Nexus revalidation
    and confirmation. According to the information you provided with your registration
    of the Domain Name, you indicated that you qualify under:
    
    
    Category 3 - You are a "foreign entity organization that has a bona fide presence in
    the United States of America or any of its possessions or territories." 
    
    
    On October 21, 2008, NeuStar sent you an initial notice asking that you provide to
    us by no later than ten (10) days after the date set forth above, a written response
    describing how you qualify under the above Nexus category.  In that letter we stated
    that if you were "unable to adequately explain or demonstrate through documentary
    evidence that you meet any of the Nexus Requirements, NeuStar may issue a finding
    that your entity or organization has failed to meet the Nexus Requirements."  To
    date, we have not yet received a response from you or your organization setting
    forth how you meet the Nexus Requirements.  As such, NeuStar has no choice but to
    find your registration of this domain name in noncompliance of the Nexus
    Requirements.
    
    As a result, you will be given a total of ten (10) days from the date set forth in
    this letter, to cure the US Nexus deficiency. If you are able to demonstrate through
    specific documentation within ten (10) days that your entity or organization has
    remedied such deficiency, you will be allowed to keep the domain name. If, however,
    you either (i) do not respond within the ten (10) days of such a finding of
    noncompliance, or (ii) are unable to proffer evidence demonstrating compliance with
    the Nexus Requirements, the domain name registration will be deleted from the
    registry database without refund, and the domain name will be placed into the list
    of available domain names. 
    
    Code (markup):

    My mailbox was unattended just today i checked and i found that it has been taken away.
    I am not in US but my servers are located in us. Is there any way i can prove that, if still there is some hope of getting that domain back.
     
    E-IndiaWeb, Nov 10, 2008 IP
  2. victorqd

    victorqd Well-Known Member

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    #2
    I dont think so ? Although i dont know about the reliability of this organisation,does this mean,non us people having .us domains are in trouble ??
     
    victorqd, Nov 10, 2008 IP
  3. E-IndiaWeb

    E-IndiaWeb Well-Known Member

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    #3
    Thats right for sure now. My domain now has pendingdelete status. It has been deleted and no chance of getting it back.
     
    E-IndiaWeb, Nov 10, 2008 IP
  4. gnomed

    gnomed Peon

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    #4
    Oh man, that's not good. Neustar is in charge of enforcing .us domains. You should try informing them of your servers in the US, technically; by a long shot, you have a bit of a presence there to do your servers running in the country. I would submit a case to ICANN, if it's a very important domain to you. Just be sure that your privacy will likely be invaded. Now, this isn't the greatest advance.

    It's up to the country to provide access to domain registrants. Some countries are more lenient and allow foreigners. And other countries have very strict policies. You can be only when they audit your domains. At the very least they should refund or reimburse registrants for their troubles, since they shouldn't allow you to register if they impose such rules.
     
    gnomed, Nov 10, 2008 IP
  5. E-IndiaWeb

    E-IndiaWeb Well-Known Member

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    #5
    I am now thinking how to save my other well worth 7 .us domains. I asked Registrar about the case and the real situation of mine and asked for advice. This is horrible.
     
    E-IndiaWeb, Nov 10, 2008 IP
  6. UncleBun

    UncleBun Banned

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    #6
    why are u having .us domains lol
     
    UncleBun, Nov 10, 2008 IP
  7. rahulkr

    rahulkr Well-Known Member

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    #7
    Jees it is true ? then why are they allowed to register ? I have one .us domain.
     
    rahulkr, Nov 10, 2008 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    How are they supposed to know if you have a business office in the United States? You accepted the terms and stated you had a "bona fide presence in
    the United States of America..."
     
    mjewel, Nov 10, 2008 IP
  9. Oranges

    Oranges Active Member

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    #9
    This is really sad, but i think its better for you that you either save your other .us domains.
    or sell them as soon as possible.
     
    Oranges, Nov 10, 2008 IP
  10. tobycoke

    tobycoke Well-Known Member

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    #10
    http://www.nic.us/policies/docs/ustld_nexus_requirements.pdf
    Note that the above only allows foreign companies not individuals to fall under Category 3 and that the presence must be substantial. I doubt that renting a server counts.

    Neustar has given you 10 days to respond. Respond and and argue the server presence. It may work.
     
    tobycoke, Nov 10, 2008 IP
  11. E-IndiaWeb

    E-IndiaWeb Well-Known Member

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    #11
    I lost a domain with around 6000 Alexa rank having around 50000 pageviews as it has been pendingdelte status. Its a setback to me. If you know about Category 3 , Can you explain it in non technical language ?
    See what is my current situation
    1) I have my dedicated in US
    2) My Income source is from us ad company.
    3) But i live in India and have no physical office in US.

    Will the above 3 points justify Category 3 ?
     
    E-IndiaWeb, Nov 10, 2008 IP
  12. mjewel

    mjewel Prominent Member

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    #12
    Just having a server in the US is not going to qualify.


    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.
     
    mjewel, Nov 10, 2008 IP