AUP

Terms of Service, Acceptable User and Privacy Policies
Revised Jan 1, 2014

  1. Scope. This Acceptable Use Policy (this “Policy”) governs the usage of Alchemy Networks products and services (the “Services”). This Policy is incorporated by reference into each contract Alchemy Networks enters into with a customer (each, a “Customer”) for the use of such Services. Alchemy Networks may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to Alchemy Networks Web site so that no person who utilizes Alchemy Networks Web site (regardless of whether that person is a Customer) may take any action utilizing Alchemy Networks Web site that a Customer would be prohibited to take utilizing the Services.
  2. Purpose. The purpose of this Policy is to enhance the quality of the Services and to protect Alchemy Networks customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Alchemy Networks (each such person being a “User”). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
  3. Prohibited Uses.
    Users may not:

    1. Utilize the Services to send mass unsolicited e-mail to third parties.
    2. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
      1. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
      2. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
      3. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; or
      4. Utilize the Services in any manner that violates applicable law.
    3. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
      1. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person consent or (C) otherwise violates the privacy rights of any person.
      2. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
    4. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
      1. Utilize the Services to cause denial of service attacks against Alchemy Networks or other network hosts or Internet users or to otherwise degrade or impair the operation of Alchemy Networks servers and facilities or the servers and facilities of other network hosts or Internet users;
      2. Post messages or software programs that consume excessive CPU time or storage space;
      3. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto-responders other than for the User own account;
      4. Utilize the Services to resell access to CGI scripts installed on Alchemy Networks servers;
      5. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Alchemy Networks systems, facilities or equipment;
      6. Utilize the Services to gain unauthorized access to the computer networks of Alchemy Networks or any other person;
      7. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
      8. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
      9. Utilize the Services to distribute or post any virus, worm, Trojan horse, malware or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
      10. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
      11. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
      12. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
      13. Utilize the Services in any manner that might subject Alchemy Networks to unfavorable regulatory action, subject Alchemy Networks to any liability for any reason, or adversely affect Alchemy Networks public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Alchemy Networks in its sole discretion; or
      14. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
  4. Violations.
    1. Disclaimer. Alchemy Networks expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Alchemy Networks has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
    2. Reporting Non-Copyright Violations. Alchemy Networks encourages Users to report violations of this policy by e-mail to: abuse@alchemynetworks.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
    3. Reporting Copyright Violations. Alchemy Networks complies with the Digital Millennium Copyright Act (“DMCA”). Alchemy Networks encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to:

      DMCA Notices, Alchemy Networks, PO Box 702 Woodacre CA 94973

    4. Remedies. If Alchemy Networks learns of a violation of this Policy, Alchemy Networks will respond to the applicable Customer and may, in Alchemy Networks sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
      1. Warning the Customer;
      2. Suspending the offending Customer from the Services;
      3. Terminating the offending Customer from the Services;
      4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
      5. Removing the offending content; and
      6. Taking other action in accordance with this Policy, the applicable service contract or applicable law.
  5. Reservation of Rights.
    Alchemy Networks reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Alchemy Networks Services, Customers and other Users. Alchemy Networks reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Alchemy Networks may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Alchemy Networks is authorized to monitor its communications through Alchemy Networks network for such purposes.
  6. Term and Termination.
    Hosting Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive one month periods unless the Order is earlier terminated in accordance with its terms by Alchemy Networks or Customer gives written notice of non-renewal at least 30 days prior to expiration of the then-current term. Furthermore, Alchemy Networks reserves the right to suspend or terminate a customer account at its sole discretion without advanced warning and impose reactivation fees if and when account is reactivated. Upon termination of this Agreement for any cause or reason whatsoever, Alchemy Networks has no further obligations except as expressly set forth herein. YOUR USE OF THE WEB SITE AND SERVICES PROVIDED BY ALCHEMY NETWORKS CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE.

Alchemy Networks Privacy Policy
This Privacy Policy governs the manner in which Alchemy Networks collects, uses, maintains and discloses information collected from users of this Web site (each, a “User”).

Privacy
Users’ privacy is very important to Alchemy Networks. Alchemy Networks is committed to safeguarding the information Users entrust to Alchemy Networks. This Web site is not directed at children under 13 years of age.

The Information We Collect
Alchemy Networks may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. Alchemy Networks may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use “cookies” to track how Users use our Web site. A cookie is a piece of software that a Web server can store on the Users’ PC and use to identify the User should they visit the Web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.

How We Use Information
Alchemy Networks may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by Alchemy Networks and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users’ experience with Alchemy Networks and such affiliates, independent contractors and business partners. Alchemy Networks may also use information collected through our Web site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of Alchemy Networks, its trusted affiliates, independent contractors and business partners.

Disclosure of Information
Alchemy Networks may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale of Alchemy Networks business.

Maintenance of Information
Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.

Questions
Users may direct questions concerning this Privacy Policy by email to privacy@alchemynetworks.com.

Users may elect not to receive solicitations from Alchemy Networks or from trusted affiliates, independent contractors and business partners by sending an email optout@alchemynetworks.com.