Last updated Nov 22, 2007

This website alt5.com (the "Site") is a web-based application that helps its “Members” (individuals who have created an account on the Site) communicate and coordinate activities with other Members. Alt5 is currently offering its services on a trial basis to select individuals only. This Terms of Use Agreement ("TUA") sets forth the legally binding terms for your use of the Site during and after the trial period. For avoidance of doubt, this TUA is effective as long as you are using this Site. Also, all Users (which include “Members” or “Guests”) are required to read this TUA and agree to abide by all applicable laws and this TUA in order to use the Site. A “Guest” is an individual using the Site that has not created an account. If you do not agree with this TUA or agree to abide by all applicable laws, you should leave this Site right now.

1. Definitions of Terms Used in this TUA

"Alt5"- The general partnership that owns the Site and is doing business as "AFK Connect"

"Guest"- An individual using the Site that has not created an account but has agreed to abide by all applicable laws and to this TUA

"Member"- An individual that has created an account on the Site and has agreed to abide by all applicable laws and to this TUA

"Site"- The hardware/software infrastructure controlled by Alt5 that the User accesses or interacts with, usually via a web browser, email client, or mobile phone, at the Uniform Resource Locators alt5.com, afkconnect.com, and afkmail.com (the "URLs") and any subdirectory or file of these URLs

"User"- A Member or a Guest

"We" or "we"- Alt5

"You" or "you"- The individual who is the User

2. Changes to the TUA

Alt5 reserves the right to change this TUA at any time (including during and after the trial period), and your continued use of the Site after such change constitutes your agreement with the change. Alt5 may notify Members of a change to this TUA, but this is not guaranteed and it is the responsibility of Users to check Alt5's TUA on a regular basis. If at any point you disagree with this TUA, you must stop using the Site and notify Alt5 of your desire to delete your account by emailing Alt5.

3. Limited License and Reservation of Rights

a) Alt5 grants you a limited personal license to use the Site and not to use it in a commercial manner. An exception to this rule is communication for commercial purposes between Members who already have a pre-existing relationship. Without this license you do not have Alt5's permission to use the Site. Alt5 reserves the right to refuse a license to anyone. Alt5 reserves the right to terminate this license at any time for any reason. If your license to the Site is terminated, you must stop using the Site. If your license is terminated, sections 4 c), 5, 6, 7, 8, 9, 10 of this TUA survive the termination and you are still bound by them.

b) Alt5 reserves the right to modify the Site or discontinue the Site. Alt5 is not liable for any damages this may cause.

c) The license is free, but Alt5 reserves the right to charge for all the functionality or part of the functionality enabled by the Site in the future.

d) Alt5 reserves the right to modify or delete any content submitted to the Site by Users ("Content). Such Content includes text (e.g.- messages and invitations), images, files, or any other Content you can submit on the Site. If Alt5 deems any Content inappropriate, Alt5 has the right to delete or modify this Content. This is necessary to correct any Content that is harmful or unlawful.

4. User Responsibilities

a) You agree to accept this TUA and read it often to be abreast of any changes to this TUA.

b) You agree that you are at least fourteen (14) years of age. If you are not yet 14, do not use the Site.

c) You agree to be solely responsible and liable for your actions, activities, and Content on Alt5. Accordingly, you agree to refrain from submitting Content you do not have the legal right to submit, copy, or make public. You warrant that any Content you submit does not violate the legal rights of any person and that you agree to pay all royalties or any other monies owed to any person as a result of you submitting this Content on the Site or submitted through the Site.

d) You agree to keep your account information, including your password, secure. It is your sole responsibility to keep your password confidential. If you suspect that your information has been compromised in any way, you agree to notify Alt5 via email immediately.

e) You agree to not let anyone else use your account. If you suspect that someone else is using your account, you agree to notify Alt5 via email immediately.

f) You agree not to harass or cause harm of any kind to other Members when using the Site. For avoidance of doubt, this does not apply to your actions in virtual worlds, each of which is owned by a third party and which is governed by that third party’s terms of use or service agreement.

g) Since the Site is located in the United States, you agree to comply with the laws of the United States. You also agree to comply with your own local laws when using the Site. You agree to refrain from conducting activities that are considered illegal in the United States or in your own local jurisdiction.

h) You agree to keep your email address current and valid. Email is the primary means for Alt5 to communicate with you, so this is a requirement.

i) You agree to refrain from modifying, hacking, or otherwise disrupting the Site. You agree to refrain from submitting or sending (via email, text message, or any other communication medium), destructive code such as, but not limited to, worms and viruses.

j) You agree to use the Site in a personal nature and not for commercial use. An exception to this rule is permitted communication between Members for commercial purposes who already have a pre-existing relationship. Other types of commercial use is strictly prohibited. Illegal and/or unauthorized use of the Site (e.g., sending unsolicited commercial e-mails to Members) may result in account termination of the offending Member. Also, if a Member has used the Site in an illegal and/or unauthorized manner, Alt5 will take appropriate legal action.

5. Intellectual Property Rights

a) You may submit Content to Alt5 in the form of invitations, notes, messages, or any other form enabled by the Site. You retain all intellectual property rights to your Content and you warrant that you do not violate any legal rights of any person by submitting your Content on the Site or through the Site.

b) For any Content you submit to the Site, you grant Alt5 a royalty-free (we do not have to pay anything), worldwide, perpetual (your license to Alt5 does not expire), non-exclusive (you may license your Content to anyone else) license to display and modify your Content and distribute your Content to Users. For avoidance of doubt, this license to Alt5 for your Content continues after you stop using the Site and/or terminate the TUA. We need this license because we do not have the resources to delete Content every time a User demands we do so. Also, without this license Alt5 would not have the right to display, modify, or distribute your Content submissions and the Site would be relatively useless.

6. Liability

a) Since Alt5 has limited resources and is providing the Site free of charge, Alt5 does not review User Content. Alt5 is in no way liable for any User Content. The Site is a tool for User self-expression, and since Alt5 does not control User self-expression, Alt5 is not responsible or liable for User self-expression in the form of Content.

b) Alt5 provides the Site "as-is" and there is no warranty of fitness for a particular purpose or non-infringement. For avoidance of doubt, if a defect or shut-down of Alt5 causes damage to you, Alt5 is to be held harmless and is not liable. In addition, if you are harmed by any User Content on the Site, Alt5 is not liable. You use the Site at your own risk.

7. Indemnity

You agree to indemnify Alt5 for any losses, liabilities, claims, damages or expenses (including reasonably attorneys’ fees) caused by your actions, activities, or Content on Alt5.

8. Privacy

You agree to allow Alt5 to collect and use personal information on you. Alt5 needs this information to run our site and to generate revenue in the future. We will not sell or disclose your personal information to a third party. For details on how Alt5 will collect and use your information, please review the Privacy Policy, which is incorporated into this TUA by this reference. Your agreement to this TUA means you accept this Privacy Policy.

9. Governing Law and Dispute Resolution

a) You agree that the laws of California, USA (without regard to conflict of laws) will govern any dispute with Alt5.

b) If there is any dispute about or involving Alt5, you agree to adjudicate the dispute in final and binding arbitration and use the American Arbitration Association in San Francisco County, USA. You agree that you will waive all defenses including lack of personal jurisdiction and forum nonconveniens. You agree to waive your right to a jury trial.

10. Miscellaneous

a) The headings of each section in the TUA are for convenience purposes and do not have contractual or legal effect.

b) This TUA is the entire agreement between you and Alt5 and any previous agreement is invalid.

c) The failure of Alt5 to exercise or enforce any right or provision of this TUA shall not constitute a waiver by Alt5 of such right or provision.

d) If any provision in this TUA is found to be illegal or held invalid, the remainder of the TUA shall continue in full force and effect.