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CyberSync Online Agreement
DOMAIN NAME REGISTRATION AGREEMENT FOR .BIZ TOP LEVEL DOMAIN (TLD)
This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of the domain name
registration services of CyberSync Consulting ("CyberSyncDomains")
to register an Internet domain name, as well as your
registration of that domain name. To complete the
registration process, you must acknowledge that you have
read, understood, and agree to be bound by all terms and
conditions of this Agreement, the dispute policies
incorporated herein by reference, and any rules or policies
that are or may be published by CyberSyncDomains from time
to time. This Agreement will become effective when accepted
by CyberSyncDomains. CyberSyncDomains may elect to accept or
reject your domain name registration application for any
reason at its sole discretion, such rejection including, but
not limited to, rejection due to a request for registration
of a prohibited domain name.
1. What We Do
CyberSyncDomains, or CyberSyncDomains.com, is an accredited
registrar with the Internet Corporation for Assigned Names
and Numbers ("ICANN") for the .com, .net, .org, .biz, and
.info TLDs. ICANN oversees registry administrators (Registry
Operators), who in turn oversee these TLDs. As an accredited
domain name registrar, CyberSyncDomains is, upon accepting
your domain name registration application, your sponsor for
that application. No domain name registrations we register
for .com, .net, .org, .biz, and .info are not effective
until we have delivered the domain name registration
information you provide us to the Registry Operator for the
appropriate TLD, as applicable, and the Registry Operator
puts into effect your domain name registration. Currently,
the Registry Operator for the .com, .net and .org TLDs is
VeriSign, Inc. The Registry Operator for the .biz TLD is
presently NeuLevel, Inc., and for the .info TLD is Afilias,
Ltd.
The relationship between you, as a Registrant, and
CyberSyncDomains.com will be governed in large part by prior
understandings between cybersync.nameservices.net and the
Registry Operators, and by prior understandings between the
Registry Operators and ICANN. ICANN standards, policies,
procedures, and practices for which each Registry Operator
has monitoring responsibility in accordance with the
Registry Agreement or other arrangement with ICANN shall
take precedence over anything in this Agreement, in the
event of conflict(s).
Operational standards, policies, procedures, and practices
for the Registry TLD established from time to time by the
Registry Operator in a non-arbitrary manner and applicable
to all registrars, including affiliates of the Registry
Operator, and consistent with ICANN’s standards, policies,
procedures, and practices, and the Registry Operator’s
Registry Agreement with ICANN, shall also take precedence
over this Agreement in the event of conflict(s). Additional
or revised Registry Operator operational standards,
policies, procedures, and practices for the Registry TLD
shall be effective upon thirty days notice by the Registry
Operator to CyberSyncDomains.com, the Registrar.
Entering into this Agreement requires you to agree and
acknowledge that CyberSyncDomains is not liable or
responsible in any way for any errors, omissions, or any
other actions by ICANN or by the Registry Operator arising
out of or related to your application and receipt of, or
failure to receive, a domain name registration.
You further agree to indemnify, defend, and hold harmless
the Registry Operator and its directors, officers,
employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including
reasonable legal fees and expenses) arising out of, or
related to, your domain name registration.
2. Fees
As consideration for the domain name registration services
provided by CyberSyncDomains to you, you agree to pay
CyberSyncDomains, prior to the effectiveness of the desired
domain name registration, the amounts set forth by
CyberSyncDomains, for the initial registration of the domain
name and, should you choose to renew the registration, for
subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if your domain
name registration is suspended, cancelled, or transferred
prior to the end of your then-current registration term.
Your requested domain name will not be registered unless we
receive actual payment of the registration fee, or
reasonable assurance of payment of the registration fee from
some other entity (such reasonable assurance to be
determined by CyberSyncDomains in its sole discretion).
In the event of a charge-back by a credit card company (or
similar action by another payment provider allowed by us) in
connection with the payment of the registration or renewal
fee for your domain name registration, you agree and
acknowledge that the domain name registration shall be
transferred to CyberSyncDomains as the paying entity for
that registration to the Registry Operator. We will
reinstate your domain name registration solely at our
discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current
reinstatement fee, presently set at US $200.
We will make reasonable efforts to send you a notice or
reminder within the sixty (60) days immediately before your
current registration period expires. Ultimately, however,
the responsibility for initiating renewal is yours alone,
and CyberSyncDomains has NO LIABILITY in connection
therewith. If you wish to renew the registration, you must
notify us and pay a renewal fee. Should you fail to notify
us, or should the renewal fee go unpaid within the time
specified in a second notice or reminder, your registration
will be cancelled. To notify us and pay the renewal fee, you
must log into your account via the CyberSyncDomains web
site, and follow the precise steps outlined there.
3. Dispute Policy(ies)
Entering into this Agreement requires that you, the
Applicant, acknowledge having read and understood, and that
you agree to be bound by, the terms and conditions of the
following document, as it may be amended by CyberSyncDomains
from time to time, which is hereby incorporated and made an
integral part of this Agreement: The CyberSyncDomains Domain
Name Dispute Policy (“CyberSyncDomains Dispute Policy"),
which can be found at < http://CyberSyncDomains.com/legal/dispute.htm
>.Certain disputes, as specified in the CyberSyncDomains
Dispute Policy, are subject to and governed by that Policy.
You agree that you will be subject to and governed by the
provisions specified in the CyberSyncDomains Dispute Policy
in effect at the time your domain name registration is
disputed by a third party, in the event such dispute arises.
You also agree that, in the event a domain name dispute
arises with any third party, you will indemnify and hold
CyberSyncDomains harmless, pursuant to the terms and
conditions contained in the CyberSyncDomains Dispute Policy.
If you are an Applicant for a domain name in the .biz TLD,
you further acknowledge having read and understood, and you
agree to be bound by, the terms and conditions of the
following additional documents, as they may be amended from
time to time, which are hereby incorporated and made an
integral part of this Agreement:
i. The Uniform Domain Name Dispute Resolution Policy (“UDRP”),
available at
http://www.icann.org/udrp/udrp.htm
;
ii. The Start-up Dispute Resolution Policy (“SUDRP”),
available at
http://www.neulevel.biz/countdown/stop.html ; and
iii. The Restrictions Dispute Resolution Criteria and Rules
(“RDRP”), available at
http://www.neulevel.biz/countdown/rdrp.html.
4. Modifications to Registration Agreement and to CyberSyncDomains Dispute
Policy
You acknowledge that the domain name system and the practice
of registering and administering domain names are evolving,
and therefore you agree that CyberSyncDomains may modify
this Agreement and the CyberSyncDomains Dispute Policy, if
necessary to comply with its ICANN Agreement and its
Agreement with the Registry Operator(s), and any related
Agreements that CyberSyncDomains is currently bound by or
will be bound by in the future, as well as to adjust to
changing business circumstances. Your continued use of the
domain name registered to you shall constitute your
acceptance of this Agreement, and of the CyberSyncDomains
Dispute Policy, with any such modifications. If you do not
agree to such changes, you may request that your domain name
registration be cancelled or transferred to a different
domain name registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you do
not wish to abide by any changes to this Agreement or the
CyberSyncDomains Dispute Policy.
5. Domain Name Registration Information and Its Use
a. Information You Are Required to Submit. As part of the
registration process and agreement, you are required and you
agree to provide certain true, correct, up to date, and
accurate information, and to update promptly this
information as needed to keep it true, correct, up to date,
and accurate. The information you are obligated to provide
in connection with the domain name you are registering is
the following:
i. Your name and postal address (or, if different, that of
the domain name holder);
ii. The domain name being registered;
iii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the
administrative contact for the domain name; and
iv. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the
billing contact for the domain name.
You agree and acknowledge that when you renew your domain
name registration, the type of information you are required
to provide may have changed. You agree and acknowledge that
if you do not wish to provide the new required information,
your registration may not be renewed.
All other information which we may request from you at
registration is voluntary. However, not providing this
information may prevent you from obtaining certain products
and services made available to domain name Registrants by
us, other than and in addition to registration of the domain
name.
b. Domain Names for .biz TLD. If applying to register a
domain name in the .biz TLD, the Applicant expressly
certifies, in addition to the foregoing, that to the best of
Applicant’s knowledge:
i. The registered domain name will be used primarily for
bona fide business or commercial purposes and not (a)
exclusively for personal use; or (b) solely for the purposes
of (1) selling, trading, or leasing the domain name for
compensation, or (2) the unsolicited offering to sell,
trade, or lease the domain name for compensation.
ii. The prospective domain name Registrant has the authority
to enter into the registration agreement; and
iii. The registered domain name is reasonably related to the
Registrant’s business or intended commercial purpose at the
time of registration.
c. Additional Information Maintained About Your
Registration. In addition to the information you provide, we
maintain records relating to your domain name registration.
These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration
application to us, and by us to the proper Registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and
related correspondence between you and us;
iv. Records of account for your domain name registration,
including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any
secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the
technical contact for the domain name;
viii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the
zone contact for the domain name;
ix. The expiration date of the registration;
x. Information regarding all other activity between you and
us regarding your domain name registration and related
services.
d. Obligations Relating to Provided Data. In the event that,
in registering the domain name, you are providing
information about a third party, you hereby represent that
you have (a) provided notice to that third party of the
disclosure and use of that party's information as set forth
in this Agreement, and (b) that you have obtained that third
party's express consent to the disclosure and use of that
party's information as set forth in this Agreement.
You acknowledge that willfully or negligently providing
inaccurate information or willfully or negligently failing
to update information promptly will constitute a material
breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration. You further
agree that your failure to respond for over fifteen (15)
calendar days to inquiries by CyberSyncDomains concerning
the accuracy of contact details associated with your
registration shall constitute a material breach of this
Agreement and will be sufficient basis for cancellation of
your domain name registration.
e. Disclosure and Use of Registration Information. You agree
and acknowledge that CyberSyncDomains will make available
domain name registration information you provide or that we
otherwise maintain to ICANN, to the Registry Operator(s),
and to other third parties as ICANN, the Registry Operator(s),
and applicable laws may require or permit. You further agree
and acknowledge that CyberSyncDomains may make publicly
available, or directly available to third party vendors,
some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our
WHOIS or similar service) or for targeted marketing and
other purposes as required or permitted by ICANN, the
Registry Operator(s), and applicable laws. Additionally, you
acknowledge that ICANN may establish guidelines, limits,
and/or requirements that relate to the amount and type of
information that CyberSyncDomains may or must make available
to the public or to private entities, and the manner in
which such information is made available.
You hereby consent to any and all such disclosures and to
any and all guidelines, limits, and restrictions on
disclosure or use of information provided by you in
connection with the registration of a domain name (including
any updates to such information), whether during or after
the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action
you may have arising from such disclosure or use of your
domain name registration information by CyberSyncDomains.
You may access your domain name registration information in
CyberSyncDomains' possession to review, modify, or update
such information, by accessing our domain manager service,
or similar service, made available at our Web site <https://www.CyberSyncDomains.com/login.htm
>.
We will not process data about any identified or
identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations
described in this Agreement. CyberSyncDomains will take
reasonable precautions to protect the information it obtains
from you, from our loss, misuse, unauthorized access, or
disclosure; and from alteration or destruction of that
information.
6. Ownership of Data
You agree and acknowledge that CyberSyncDomains owns all
database, compilation, collective, and similar rights,
title, and interests worldwide in its domain name database,
and all information and derivative works generated from the
domain name database. You further agree and acknowledge that
we own the following information for those registrations for
which we are the Registrar:
i. The original creation date of the registration;
ii. The expiration date of the registration;;
iii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the
technical contact, administrative contact, zone contact, and
billing contact for the domain name registration;
iv. Any remarks and/or content concerning the registered
domain name that appear or should appear in the WHOIS or
similar database; and
v. Any other information we generate or obtain in connection
with the provision of domain name registration services,
other than the domain name being registered, the IP
addresses of the primary nameserver and any secondary
nameservers for the domain name, and the corresponding names
of those nameservers. CyberSyncDomains does not have any
ownership interest in your specific personal registration
information outside of its rights in our domain name
database.
7. Agents and Licenses
You agree that, if you are registering a domain name for
someone else, you represent that you have the authority to
nonetheless bind that person as a principal to all terms and
conditions provided herein, including the CyberSyncDomains
Dispute Policy.
You agree that if you license the use of the domain name
registered to you to a third party, you nonetheless remain
the domain name holder of record, and remain responsible for
all obligations under this Agreement, including but not
limited to payment obligations, and providing (and updating,
as necessary) both your own full contact information, and
accurate technical, administrative, billing, and zone
contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain
name and domain name registration.
8. Limitation of Liability
YOU AGREE THAT CyberSyncDomains WILL NOT BE LIABLE FOR ANY
(a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN
YOUR NAME; (b) USE OF YOUR DOMAIN NAME REGISTRATION; (c)
INTERRUPTION OF BUSINESS; (d) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY
THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR
OTHER MODIFICATION; (f) EVENTS BEYOND CyberSyncDomains’
REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION;
OR (h) THE APPLICATION OF THE CyberSyncDomains DISPUTE
POLICY.
CyberSyncDomains WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF CyberSyncDomains HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
CyberSyncDomains’ MAXIMUM AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN
NAME, BUT IN NO EVENT GREATER THAN SEVENTY DOLLARS ($70.00)
PER DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
9. Indemnification of CyberSyncDomains
You agree to defend, indemnify, and hold harmless
CyberSyncDomains for any loss, damages, or costs, including
reasonable attorneys' fees, resulting from any third party
claim, action, or demand related to the registration or use
of the domain name registered in your name. This
indemnification is in addition to any indemnification
required under the CyberSyncDomains Dispute Policy.
10. Representations and Warranties
You represent that, to the best of your knowledge and
belief, neither the registration of the domain name nor the
manner in which it is directly or indirectly used infringes
the legal rights of a third party. You further represent and
expressly warrant that all information provided by you in
connection with this domain name registration is accurate.
ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU
"AS IS." Except for our statement regarding our
accreditation as an ICANN-approved domain name Registrar in
the introductory paragraph of this Agreement, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR
WITH CyberSyncDomains’ DOMAIN NAME REGISTRATION SERVICES,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WITHOUT ANY LIMITATION TO THE FOREGOING, CyberSyncDomains
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER
THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION,
CANCELLATION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO
YOU.
11. Breach and Revocation
CyberSyncDomains reserves the right to suspend, cancel,
transfer, or modify your domain name registration in the
event (a) you materially breach this Agreement (including
the CyberSyncDomains Dispute Policy or any other document
incorporated by reference) and do not cure such breach
within thirty (30) days of notice by CyberSyncDomains; (b)
you use the domain name registered to you to send
unsolicited commercial advertisements in contradiction to
either applicable laws or customary acceptable usage
policies of the Internet; (c) you use your domain name in
connection with unlawful activity; or (d) grounds arise for
such suspension, cancellation, transfer, or other
modification as provided for in this Agreement.
You further acknowledge and agree that your registration of
a domain name is subject to suspension, cancellation, or
transfer by any ICANN procedure or Registry Operator (either
generic or country specific) procedures approved by an ICANN-adopted
policy, or by any Registrar (including CyberSyncDomains), as
the case may be, (a) to correct mistakes by CyberSyncDomains,
by another Registrar, or by the Registry Operator in
administering the name; or (b) for the resolution of
disputes concerning the domain name.
You also agree that CyberSyncDomains shall have the right in
its sole discretion to suspend, cancel, transfer, or
otherwise modify a domain name registration upon seven (7)
calendar days prior written notice, or at such time as
CyberSyncDomains receives a properly authenticated order
from a court of competent jurisdiction, or arbitration
award, requiring the suspension, cancellation, transfer, or
modification of the domain name registration.
12. Transfers
The parties agree that a Registered Name Holder will be
prohibited from changing its Registrar during the first
sixty (60) days after initial registration of the domain
name with the Registrar. If such provision shall conflict
with any other term or condition of this agreement, this
provision shall control.
13. Governing Law
Except as otherwise set forth in the CyberSyncDomains
Dispute Policy with respect to disputes, this Agreement,
your rights and obligations thereunder, and all actions
contemplated by this Agreement shall be governed by the laws
of Canada and the Province of Ontario, as if the Agreement
were a contract wholly entered into and wholly performed
within the State of North Carolina. Except as otherwise set
forth in the CyberSyncDomains Dispute Policy with respect to
disputes, any action to enforce this Agreement or any matter
relating to your use of the CyberSyncDomains site or
services shall be brought exclusively in Canada for the
Province of Ontario, or if there is no jurisdiction in such
court, then in a state court in Essex County, Ontario.
14. Notices
You agree that any notices required to be given under this
Agreement by CyberSyncDomains to you will be deemed to have
been given if delivered in accordance with the contact
information you have provided.
15. General
This Agreement and the CyberSyncDomains Dispute Policy,
together with any documents incorporated by reference above,
and together with all modifications, constitute the complete
and exclusive agreement between you and CyberSyncDomains,
and supersede and govern all prior proposals, agreements, or
other communications.
Nothing contained in this Policy shall be construed as
creating any agency, partnership, or other form of joint
enterprise between the parties. The failure of
CyberSyncDomains to require your performance of any
provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the
waiver by CyberSyncDomains of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself. In the event that any provision of this Policy shall
be unenforceable or invalid under any applicable law, or
shall be so held by applicable court decision, such
unenforceability or invalidity shall not render this Policy
unenforceable or invalid as a whole. CyberSyncDomains will
amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, the
original objectives and intent of the original provision.
This Agreement may not be amended or modified by you except
by means of a written document signed by both you and an
authorized representative of CyberSyncDomains.
INFORMATION FOR CALIFORNIA RESIDENTS: Under California Civil
Code Section 1789.3, California residents are entitled to
the following specific consumer rights information:
1. Price rates. Current rates for CyberSyncDomains' domain
name registration services may be obtained by going to the
pricing schedule on our web site at < http://CyberSyncDomains.com/register.htm
> or any other web site operated by CyberSyncDomains.
CyberSyncDomains reserves the right to change fees,
surcharges, renewal fees or to institute new fees at any
time.
2. Complaints. The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1020 N.
Street, #501, Sacramento, CA 95814, or by telephone at
1-916-445-1254.
Copyright © 1997-2006, CyberSync Consulting. All Rights
Reserved.
Copyright © CyberSync Consulting, CyberSync Domains 2003 Please read our
Service Agreement &
Dispute Resolution
Policy.
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