Last Updated: August 1, 2010
Welcome to CyberSynchs.com. We provide services (the “Services”) available at our Web site (the “Site”) http://www.CyberSynchs.com to you (“you” or “User”).
The following terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and Services, whether directly or through a third-party site. By using this Site, the Services, and any service, application, plug-in, component, functionality, or program created by CyberSynchs.com, you are agreeing to the following terms and conditions. Please read them carefully before using this Site. Should you have any questions concerning this Agreement, please contact CyberSynchs.
By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. CyberSynchs.com is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
Many CyberSynchs applications use Location Based Services (LBS), such as GPS tracking, as part of the Company's standard feature offerings. Even though these features can be disabled by the user, please be aware that, although safeguards are in place, the inclusion of these features may constitute a potential security breach from unauthorized third parties. Any suspicious or unauthorized use of your account or any breach of security should be immediately communicated to CyberSynchs and to provide assistance to the Company, as requested, to stop and/or remedy any breach of security.
A. Modifications to This Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact CyberSynchs.
B. Your Registration Obligations
We provide the Services for your personal use. You may not use the Services to conduct business without a separate written contract with CyberSynchs.com.
To obtain and use the Services, you will be required to register with CyberSynchs.com by completing a registration form and designating a user ID and password. When registering with CyberSynchs.com you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify CyberSynchs.com of any unauthorized use of your user ID or password or any other breach of security. CyberSynchs.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
C. Consent to Electronic Communications and Solicitation
By registering with CyberSynchs.com, you understand that we may send you communications or data from CyberSynchs.com regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding CyberSynchs.com products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
D. User Conduct/Acceptable Use Policy
Unauthorized use of the CyberSynchs.com service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of CyberSynchs.com or others.
To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Services, you understand and acknowledge that CyberSynchs.com and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Services for which you have registered. In the event that you give CyberSynchs.com the right to distribute your content, additional terms may apply to CyberSynchs.com usage or distribution of this content. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. CyberSynchs.com does not claim any ownership rights in any User Content.
CyberSynchs.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit CyberSynchs.com response to a future complaint. You acknowledge and agree that CyberSynchs.com shall not assume or have any liability for any action or inaction by CyberSynchs.com with respect to any User Content.
Additionally, CyberSynchs.com reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of CyberSynchs.com. CyberSynchs.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit CyberSynchs response to a future complaint. You acknowledge and agree that CyberSynchs.com shall not assume or have any liability for any action or inaction by CyberSynchs.com with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
E. Intellectual Property Rights and Notices
Except for the licenses granted herein, you have no right, title or interest in or to CyberSynchs.com Services or any content. You agree that CyberSynchs.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to CyberSynchs.com service and content, including, without limitation, text, images, and other multimedia data.
All contents of the CyberSynchs.com Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2008 CyberSynchs.com, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of CyberSynchs.com and/or it suppliers, affiliates, or licensors. All rights reserved.
CyberSynchs.com and the CyberSynchs.com logo are including without limitation, either trademarks, service marks or registered trademarks of CyberSynchs.com, and may not be copied, imitated, or used, in whole or in part, without CyberSynchs prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
CyberSynchs.com may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
F. Notices and Procedure for Making Claims of Copyright Infringement
CyberSynchs.com respects copyright law and expects Users to do the same. CyberSynchs.com expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, CyberSynchs.com may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CyberSynchs Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
CyberSynchs Agent can be reached here.
G. Third Party Content, Sites and Services
All transactions using CyberSynchs services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, CyberSynchs.com is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. CyberSynchs.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
I. CyberSynchs.com Makes No Warranties
CyberSynchs.com is in no way liable for loss of customer data. Under no circumstances will CyberSynchs.com be held accountable for any loss of customer data. By becoming a CyberSynchs.com user you, the customer, acknowledge that you forfeit the right to hold CyberSynchs.com accountable for any and all technical errors, including loss of user files (customer data).
In the event that CyberSynchs.com concludes offering data storage services, CyberSynchs.com users will receive the option to have their stored files sent to them in CD or other format selected by CyberSynchs.com. CyberSynchs.com does not guarantee length of service.
CyberSynchs.com intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, CyberSynchs.com may make changes and improvements to the information provided herein at any time. CyberSynchs.com PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CyberSynchs.com, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “CyberSynchs.com PARTY,” AND COLLECTIVELY, THE “CyberSynchs.com PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CyberSynchs.com PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
J. Limitations of Liability
IN NO EVENT WILL ANY CyberSynchs.com PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH CyberSynchs.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CyberSynchs.com PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, CyberSynchs.com is found responsible to any CyberSynchs.com User for any reason whatsoever, CyberSynchs responsibility shall be limited to the amounts actually paid by such user for CyberSynchs services, and shall not include punitive damages or consequential or resulting damages of any nature.
K. Changes to the Service; Additional Liability Limitation
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE CyberSynchs.com PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, CyberSynchs.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, CyberSynchs.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. CyberSynchs.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CyberSynchs.com in asserting any available defenses.
M. Termination of Service
CyberSynchs.com reserves the right to terminate without notice your password, account or use of CyberSynchs.com Services and delete any data within CyberSynchs.com service, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to CyberSynchs.com at any time. Upon termination by CyberSynchs.com or at your direction, you may request a file of your data, which CyberSynchs.com will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON CyberSynchs.com SYSTEMS MAY NOT BE RETRIEVED, and CyberSynchs.com shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
In addition to other termination provisions, Basic Users are subject to termination if: (a) the Basic User does not engage in any CyberSynchs.com activity within thirty (30) days of registration, or (b) the Basic User does not engage in any CyberSynchs.com activity for any period of 120 consecutive days. We will send you an email describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close the account. Any data you may have stored will be lost.
N. Payment of Fees; Automatic Renewal
The fees applicable for CyberSynchs.com service are available at CyberSynchs.com and as published within the Services. CyberSynchs.com reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).
Unless specifically agreed upon in writing between User and CyberSynchs.com at the commencement of a subscription term, or unless User notifies CyberSynchs.com via a email (with cancellation confirmation from a CyberSynchs.com representative) no later than fourteen days prior to the conclusion of the term, at the conclusion of any service term, whether monthly, yearly, or otherwise, CyberSynchs.com will automatically renew the service for the same term and will charge the user's credit card or PayPal account on the first day of the renewal term.
O. Refund of Charges
Except as specifically set forth in this section, all CyberSynchs.com services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.
When users (Plus, Premium, Pro, Individual or Business) cancel their account, they will not be issued refunds for their most recent (or any previous) billing. The single exception to this is NON-TRIAL annual subscribers. Annual subscribers who wish to cancel and request a refund may do so within 30 days of the day on which they were charged for their account; in these cases, only a partial refund equivalent to 80% of the annual fee will be returned. Other requests for refunds may be processed at the sole discretion of a CyberSynchs.com sales staff member.
All cancellations and downgrades are processed automatically. To cancel or downgrade, please click the link that says "Click here to cancel your account" and follow the instructions.
If you have a question while canceling your account, you must give our email staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 14 days. Cancellation requests sent via email will not be processed and will be replied to with an automatic response. You must use our form to process your cancellation.
P. Choice of Law and Location for Resolving Disputes
Q. European Users
By using the CyberSynchs.com Services, Users in the European Union understand and consent to the processing of personal information in the United States.
R. Notices to CyberSynchs.com.
You may notify us by e-mail here.
S. Other Terms
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
CyberSynchs.com may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of CyberSynchs.com to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
U. Copyright Complaints and Removal Policy
If you believe that your copyright in any material has been infringed on a site hosted on CyberSynchs.com equipment or through its services, please send a .DMCA Notice. (described below) to CyberSynchs.com s Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (.DMCA.), 17 U.S.C. § 512 et seq.
Federal law requires your DMCA Notice to include the following information:
CyberSynchs.com Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
Attn: DMCA Copyright Agent
Please note that www.CyberSynchs.com, in its sole discretion, may terminate the account of any User about whom CyberSynchs.com receives more than one complaint of copyright infringement.
If you have any questions about this policy, please contact CyberSynchs.