Domain Name Registration

For the CyberSpyder, Inc. Domain Name Registration Services (the “Services”), along with the Services Agreement located at www.CyberSpyder.net/legal, the following additional terms and conditions also apply (collectively, the “Agreement”): 1.        Services.Upon Customer’s request and further subject to this Agreement, CyberSpyder, Inc. will register an Internet domain name or renew the Customer’s registration of an existing domain name (the “Domain Name”), on behalf of Customer, with a registrar selected by CyberSpyder, Inc. (the “Registrar”). 2.        General.The Services shall begin on the date Customer orders the Services and shall run for the term specified in the Order. Customer acknowledges and agrees that the Services term may be different than the registration term of the Domain Name associated with the Services. If a Domain expires and is deleted before the end of the term of the Services, then the Services associated with the Domain Name will terminate when the Domain is deleted and that there will be no refund for any resulting unused portion of a Services term. If the Services term ends while the registration term for a Domain Name is still ongoing, then the Services will no longer be provided, Customer’s personal information will be listed in the WHOIS database for the Domain Name, and the communications forwarding services outlined herein will no longer be provided. Registration of a Domain Name is subject to availability of such Domain Name for registration, and CyberSpyder, Inc. will not be responsible if a Domain Name is not available for any reason. CyberSpyder, Inc. will further not be responsible for any loss, damage, liability or expense arising out of, or relating to, the registration of a Domain Name in any online or offline network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the Services by CyberSpyder, Inc.. If Customer registers a Domain Name with CyberSpyder, Inc., but hosts their Website with another provider, Customer agrees not use CyberSpyder, Inc. name-servers to point any portion of their Domain Name outside of CyberSpyder, Inc. IP space and will update Customer’s Domain Name zone files with Customer’s hosting provider nameserver set. Additionally, CyberSpyder, Inc. will not point Customer zone file records to sub-directories within Customer’s main Domain Name. Without limitation on other remedies which may be available under such circumstances, upon breach of the Agreement, Customer agrees that CyberSpyder, Inc. may assume complete ownership of the Domain Name, that the Domain Name may be sold to a third party, or that the Domain Name may be pointed to IP numbers of CyberSpyder, Inc.’s choosing, and that CyberSpyder, Inc. may immediately cancel Customer’s Account and all Services provided to Customer hereunder. 3.        Customer Responsibilities.The registration or renewal of any Domain Name under this Agreement is subject to (i) CyberSpyder, Inc. receiving from Customer all information needed from Customer in order to complete such registration, (ii) such Domain Name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, (iii) such Domain Name not infringing on the rights of any third party, (iii) ) Customer will use the Services in good faith and that Customer has no knowledge or reason to believe that Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party’s trademark or trade name, (iv) neither the Services nor Domain(s) will be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of unsolicited commercial email. and (v) Customer’s compliance with this Agreement. 4.        Accurate Contact Information.Customer agrees to keep its WHOIS information accurate and up-to-date. Customer must cause the e-mail address for the administrative contact of the Domain Name (the “Administrative Contact”) to be the same as the Customer’s e-mail address maintained in CyberSpyder, Inc.’s billing records. If the e-mail address for the Administrative Contact is not the same as the Customer’s e-mail address maintained in CyberSpyder, Inc.’s billing records, CyberSpyder, Inc. may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar. 5.        ICANN Regulations.Customer acknowledges that its rights to any Domain Name registered or renewed by CyberSpyder, Inc. are not being granted by CyberSpyder, Inc. but are subject to the rules and regulations of the Internet Corporation for Assigned Names and Numbers (“ICANN”), the Registrar, the related registry and applicable law. As such, in addition to this Agreement Customer agrees to also abide by any and all terms and conditions promulgated by ICANN including the Uniform Domain Name Dispute Resolution Policy (“UDRP”), as well as any policy that ICANN has established or may establish with respect to Domain Names and/or WHOIS information. Customer’s inability to use a Domain Name shall not entitle Customer to a refund by CyberSpyder, Inc. of any fees paid with respect to the registration of such unusable Domain Name. Additional ICANN materials as well as Customer’s rights and responsibilities as a domain name registrant under the ICANN Registrar Accreditation Agreement can be found at http://www.icann.org/en/registrars/registrant-rights 6.        Domain Name Renewals. Provided Customer is in good standing with CyberSpyder, Inc., is not in breach of this Agreement, has a valid credit card on file with CyberSpyder, Inc. and has not opted-out of such renewal at least thirty (30) days prior to the expiration of the Domain Name, Customer’s Domain Name will automatically renew at CyberSpyder, Inc.’s then-current retail rates. In the event Customer does not wish for such Domain Name to automatically renew, Customer must contact CyberSpyder, Inc. by email to opt-out of such automatic renewal. Customer must opt-out of such automatic renewal no less than thirty (30) days prior to expiration of the Domain Name. Customer waives any requirement to obtain Customer’s ongoing affirmative consent to any such automatic renewal. Customer will keep Customer’s credit card information current and accurate, including the expiration date. If Customer is not in good standing or CyberSpyder, Inc. is unable to collect renewal or other fees, Customer agrees that CyberSpyder, Inc. may suspend or terminate the Services and, as a result, such Domain Name registration will not be processed. For reference, the current CyberSpyder, Inc. domain renewal fee is Seventeen Dollars and Ninety-Nine Cents ($17.99) for one (1) year, although this amount may be less pursuant to a promotion, bundled service offering or other discount, while the current redemption fee is Two Hundred Dollars ($200.00) plus the related renewal fee. Customer acknowledges and agrees that the foregoing fees are subject to change at any time at the sole discretion of CyberSpyder, Inc. For Domain Name registrations which are serviced by a Registrar other than CyberSpyder, Inc., if available as an option, Customer agrees that CyberSpyder, Inc. shall be authorized to contact Customer’s Domain Name registration service provider on Customer’s behalf (and using the credit card provided by Customer) to renew the Domain Name registration of associated Domain Name. 7.        Domain Expiration.Customer agrees that CyberSpyder, Inc. bears no responsibility or obligation to make sure Customer renews the domain name registration prior to expiration and that the Customer is wholly responsible for being aware of and acting upon such deadlines. Although CyberSpyder, Inc. may accept an Order for a Domain Name renewal within the forty-five (45) day period prior to the impending expiration date, CyberSpyder, Inc. will have no responsibility for any expiration of a Domain Name that occurs with respect to an Order submitted within such period. Prior to expiration, CyberSpyder, Inc. will send notifications with instructions for renewal via email to the primary account holder. Customer agrees that CyberSpyder, Inc. may, but is not obligated to, allow Customer to renew Customer’s domain name registration services after the domain name expiration date has passed. If the domain name registration is not renewed prior to expiration a notification will be sent via email to the primary account holder shortly following expiration, providing notice that the domain name has expired and providing instructions for renewal for an additional fee. Customer agrees that after the expiration date of the domain name registration and before it is deleted or renewed, CyberSpyder, Inc. may direct the domain name to an IP address designated by CyberSpyder, Inc. that states the domain name registration has expired with instructions for renewal and may further direct the domain name to, without limitation, an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, (i) CyberSpyder, Inc., (ii) CyberSpyder, Inc. product and service offerings, (iii) third-party Websites, (iv) third-party product and service offerings, (v) and/or Internet search engines, and Customer agrees that we may place our contact information in the WHOIS output for the expired domain name. 8.        Changing Registrars.CyberSpyder, Inc. does not generally perform Domain Name services that require the changing of Registrars, however if CyberSpyder, Inc., in its sole discretion, accepts an Order from Customer for Services that require that the Domain Name change Registrars, Customer acknowledges that Customer is solely responsible for complying with the acknowledgement policies of the losing Registrar. Such acknowledgement policies may require Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar. Customer acknowledges and agrees that neither CyberSpyder, Inc. nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of Domain Name registration that occurs as a consequence of the Customer’s failure to respond timely to any losing Registrar query or request for confirmation. 9.        Changing Registrar Resellers.If Customer submits an Order to CyberSpyder, Inc. to renew a Domain Name that was previously registered through a reseller of the Registrar, Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar, and may also require Customer to settle any open accounts it has with the losing reseller. Customer acknowledges and agrees that CyberSpyder, Inc. will bear no liability or responsibility for any delay, inconvenience or expiration of Domain Name registration that occurs as a consequence of the Customer’s failure to satisfy the acknowledgment policies of the losing reseller or the Registrar. 10.     Under Construction Pages.Customer agrees that upon registration of a Domain Name with CyberSpyder, Inc., if such Domain Name is hosted on a CyberSpyder, Inc. Domain Name server and does not otherwise resolve to an active Web site, such Domain Name will be pointed to a page as designated by CyberSpyder, Inc. in its sole discretion (the “Under Construction Page”). The Under Construction Page may be modified by CyberSpyder, Inc. at any time in CyberSpyder, Inc.’s sole discretion and without notice to Customer. The Under Construction Page may include, without limitation (i) links to additional products and services offered by CyberSpyder, Inc., (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the “Additional Content”). If Customer does not wish to have Customer’s Domain Name resolve to the Under Construction Page as described herein, 11.     Reservation of Rights.Customer acknowledges and agrees that CyberSpyder, Inc. has the absolute right and power, in its sole discretion and without any liability to Customer whatsoever, to suspend the Services, close Customer’s account, terminate provisioning of the Services, list Customer’s personal information in the WHOIS output or unmask or otherwise provide the Customer’s personal information to a claimant or other party to resolve any and all third party claims, whether threatened or made, arising out of Customer’s use of the Domain Name or the Services, or to take any other action which CyberSpyder, Inc. deems necessary, in the event that (i) the Domain Name is alleged to violate or infringe a third party’s trademark, trade name, copyright interests or other legal rights of third parties; (ii) Customer breaches any provision of this Agreement; (iii) Customer breaches any provision of the Registrar Terms; (d) if necessary to protect the integrity and stability of the applicable Domain Name registry; (e) if necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; (f) if CyberSpyder, Inc. is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Customer’s use of the Services or Domain Name; (g) if necessary to comply with ICANN’s Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude using a service such as Private Domain Registration); (h) if necessary to avoid any financial loss or legal liability (civil or criminal) on the part of CyberSpyder, Inc., its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or (i) any violation of the CyberSpyder, Inc. Acceptable Use Policy. In the event CyberSpyder, Inc. takes any of the actions set forth herein or in the event Customer elects to cancel the Services for any reason, CyberSpyder, Inc. will not refund any fees paid by Customer for the Services.