Alphastudy Terms of Service Last Updated: December 14th, 2010

1.Introduction
Alphastudy provides an online learning and knowledge portal platform, enabling you to create various online content based around surveys, quizzes, file repository and homepage content. Alphastudy is designed to give portal creators the freedom to create and control their own Alphastudy portals. Alphastudy online portals come in different packages including Basic, Essentials and Unlimited. All packages and members of your site are covered by the Terms of Service. Any questions about this Terms of Service should be addressed to our Customer Service Team.

These Terms of Service contain general terms that apply to you as a user of the Alphastudy Platform, along with additional terms that may apply to you as a Site Admin (as defined below) if you decide to create your own Alphastudy Portal. When using the Alphastudy Platform, you will also be subject to the Alphastudy Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the Alphastudy Platform, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference.

These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of the Alphastudy Platform and is a legal contract between you and Alphastudy.
By registering with us or using or browsing the Alphastudy Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the Alphastudy Platform at any time.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Alphastudy Portal on the Alphastudy Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

2.Definition
"Content" means (i) any work of authorship including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted on the Alphastudy Platform. "Your Content" is any Content that you submit to the Alphastudy Platform, either as a Alphastudy Member, Network Member or Site Admin (all as defined below). If you are a Site Admin, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Network Members of Your Alphastudy Portal(s) make available). Content does not include Network Code or Platform Code.
"Users" or "Members" means both Network Members and Alphastudy Members.
"Site Admin" is an Alphastudy Member who creates and operates one or more Alphastudy Portals on the Alphastudy Platform. A Site Admin is by definition a Network Member of each of his or her Alphastudy Portals.
"Network Members" are Alphastudy Members who have also registered with a particular Alphastudy Portal on the Alphastudy Platform using their Alphastudy authentication. "Your Network Members" are Network Members who have registered with Your Alphastudy Portal.
"Network Member Data" means data provided by or collected from a Network Member by a Site Admin for a particular Alphastudy Portal, such as profile data, including certain items of registration information (e.g. email addresses), answers to Alphastudy Portal surveys, quizzes, announcements, forum posts, and statistical information about Content contributed. Network Member Data does not include the Alphastudy authentication or any Alphastudy Member Data.
"Alphastudy authentication" is an account you create with Alphastudy which includes a name, email and password. When you register as a Network Member on one or more Alphastudy Portals on the Alphastudy Platform, you use the email address and password portion of your Alphastudy authentication to authenticate with each such Alphastudy Portal. Additionally, each Alphastudy Portal of which you become a Network Member will have access to your email address and name as stored in your Alphastudy authentication and this information will be pre-populated into both Your Alphastudy Profile (as defined below) and Your My Profile (as defined below) upon sign-up.
"Alphastudy Members" are Users who complete a registration process with Alphastudy and obtain an Alphastudy authentication. Alphastudy Members may also (but are not required to) become Network Members.
"Alphastudy Member Data" is data collected from Users by Alphastudy, including the data collected for the Alphastudy authentication and any data provided in Your Alphastudy Profile (as defined below). Alphastudy Member Data does not include Network Member Data.
"Alphastudy Member Services" are the services provided by Alphastudy to Network Members. Alphastudy Member Services include, but aren't limited to: Network Member registration, Network Member sign in and authentication, a Notification message center, Alphastudy Portal tools (security management, site access policy settings), and a set of Alphastudy Portal membership management services, including a listing of the Alphastudy Portals to which a particular Network Member belongs and management of knowledge networks across those Alphastudy Portals. Alphastudy Member Services do not include any services that Site Admins provide to their Network Members.
"Alphastudy Portal Admin Services" are the services Alphastudy provides to Site Admins. Alphastudy Portal Admin Services include, but aren't limited to: a Site Admin's own Alphastudy Portal application; Network Member registration and authentication services; Network Member account management; Alphastudy Portal management and security applications; Certain basic Alphastudy Portal Admin Services are provided free of charge when you create a Alphastudy Portal on the Alphastudy Platform.
"Alphastudy Profile" means information that, if you are an Alphastudy Member, you have provided to Alphastudy that is aggregated by Alphastudy into a master profile. Your Alphastudy Profile is separate from any profile that you create on a particular Alphastudy Portal ("My Profile") and enables you to keep track of friends and messages across all Alphastudy Portals. "Your Alphastudy Profile" is an Alphastudy Profile created by you on the Alphastudy Platform.
"Alphastudy Technology" means the past, present and future content of the Alphastudy Platform, including all software in any format (including the Platform Code and Network Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectible elements of the Alphastudy Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the Alphastudy Platform and the Alphastudy Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the Alphastudy Platform, and all Alphastudy Marks (as defined below), domain names, patents, and other intellectual property. Alphastudy Technology does not include Your Content or Your Code.
"Platform Code" means the proprietary portion of the Alphastudy Platform that is used to interpret the Network Code and other services available on the Alphastudy Platform.
"Packaged Plans" or "Subscription Plans" or "Alphastudy Enterprise" are services provided by Alphastudy to users for a fee.
"Alphastudy Portals" consist of Network Code and other Content and are web applications run Alphastudy on top of the Alphastudy Platform. Alphastudy Portals are created by Site Admins and are provided for Network Members of that Alphastudy Portal to interact and connect with other Network Members. Alphastudy Portal features may include Alphastudy Portal profiles, documents, file, surveys, quizzes, discussion forums, repository content among others. If you are a Site Admin, "Your Alphastudy Portal" is an Alphastudy Portal created and operated by you on the Alphastudy Platform.
"Users" are all end users of the Alphastudy Platform, and include you, any unregistered users, all Alphastudy Members, all Network Members, all Site Admins and all Third Party Application Developers.

3.Subscription payment
You are responsible for paying all fees and applicable taxes associated with the Subscription Plans in a timely manner with a valid payment method. You authorize our third party payment processing party PayPal to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Alphastudy. Your Payment Method will be charged the current fee for the Subscription Plan you choose on the date that you click on the "I Accept, Create My Account" or "Renew" button in the ordering process. You agree that Alphastudy may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a package with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "I Accept, Create My Account" button.
You agree to pay Alphastudy all charges incurred under your account for any package plan in which you or anyone else who uses your account (including minors, family and friends) enroll in accordance with this Agreement. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Alphastudy may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Alphastudy reserves the right to either suspend or terminate your Subscription Plans or your account with Alphastudy, including deletion of your Alphastudy Portal from the Alphastudy Platform.

4.Your content and licenses to your content
Alphastudy does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Alphastudy Portal needs to comply with the terms of this Agreement. At any point, you can take Your Content from your Alphastudy Portal and cancel your account and Alphastudy does not retain any license rights except as provided below.
You hereby grant Alphastudy, during the course of your usage of the Alphastudy Platform, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the Alphastudy Platform and in all current and future media in which the Alphastudy Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, Alphastudy reserves the right to retain copies of Content for archival purposes after termination of the Agreement.
You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, Alphastudy does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you purchase the Subscription Plan to run your own advertising on Your Alphastudy Portal.
Additionally, you understand and agree that Your Content that is displayed on the Alphastudy Platform may continue to appear on the Alphastudy Platform, even after you have terminated your Alphastudy Member or Network Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into other Alphastudy Portals, RSS feeds or other features.
In addition to the rights, licenses and privileges referred to above, you agree that Alphastudy, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Alphastudy Platform, and any products, goods, features, capabilities and/or services associated with the Alphastudy Platform.
As a Site Admin or Network Member you acknowledge that Alphastudy and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Alphastudy Portal or the Alphastudy Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
If an Alphastudy Portal is removed from the Alphastudy Platform, the Content associated with that Alphastudy Portal may also be deleted at the discretion of the Site Admin or Alphastudy Administrators. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to an Alphastudy Portal. You should be aware that Alphastudy is not required and may not keep back-up copies of Content (including Your Content) on the Alphastudy Platform once the Alphastudy Portal or Content is deleted. Additionally, Alphastudy makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the Alphastudy Platform and you should independently back-up Your Content.

5.Licenses from Alphastudy
License to Alphastudy Platform
During and subject to the terms and conditions of this Agreement, Alphastudy hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the Alphastudy Platform solely to enable your use of the Alphastudy Member Services and Alphastudy Portal Admin Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.
You agree that, as between you and Alphastudy, all the intellectual property rights in the Alphastudy Platform, which does not include Your Content or Your Code, are owned by Alphastudy or its licensors.
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
* Run, rent, lease, loan, or sell access to the Alphastudy Platform or the Alphastudy Technology.
* Decompile or reverse engineer or attempt to access the source code of the software underlying the Alphastudy Platform or Alphastudy Technology.
* Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Alphastudy Technology.
* Access the Alphastudy Platform to build a product using similar ideas, features, functions, interface or graphics of the Alphastudy Platform.
* Access (or attempt to access) any service on the Alphastudy Platform by any means other than as permitted in these Terms of Service.
* Circumvent, disable or otherwise interfere with security related features on Alphastudy.
* Access the Alphastudy Platform to upload Your Code or Your Content to cause a breach of security to the Alphastudy Platform or any Alphastudy Portal or interfere with the proper working of the Alphastudy Platform or prevent others from using the Alphastudy Platform.
* Delete the copyright and other proprietary rights notices on the Alphastudy Platform.

6.Alphastudy Trademarks and Legal Notices
Alphastudy trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Alphastudy Platform "Alphastudy Marks" are the trademarks of Alphastudy and may not be used without permission. Alphastudy is not granting you a license under any intellectual property right to the Alphastudy Marks. Other trademarks, logos, and trade names that may appear on the Alphastudy Platform are the property of their respective owners.
If you are a Site Admin, Alphastudy reserves the right to include within Your Alphastudy Portal applicable Alphastudy copyright and trademark notices for the Alphastudy Platform and links to the Alphastudy Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by Alphastudy.

7.Alphastudy Ownership Rights
You agree that, as between you and Alphastudy, Alphastudy owns all right, title and interest, including, all intellectual property rights, in and to the Alphastudy Technology. Additionally, there are two types of data provided by or collected from Network Members, Network Member Data and Alphastudy Member Data. If you are a Site Admin or an administrator designated by a Site Admin ("Administrator"), you agree that, as between Alphastudy and you, Alphastudy owns all right, title and interest, including, all intellectual property rights, in and to the Alphastudy Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Alphastudy. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Alphastudy Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Alphastudy Platform, including notices on any Alphastudy Technology you download, transmit, display, print or reproduce from or using the Alphastudy Platform.

8.Advertising and Promotion for Site Admins
On free Alphastudy Portals, we have the exclusive right to sell, run and/or serve third-party advertising on your Alphastudy Portal. If you are a Site Admin, you agree not to include any advertising for anything other than Your Alphastudy Portal, including ads served via an ad-server service like Google AdSense, in any Alphastudy Portal, any of Your Code, or Content you provide on Alphastudy. If you pay the package subscription fees to run your own ads, however, you may include third-party advertisements or sponsorships on Your Alphastudy Portal. If you run your own ads, Alphastudy will have the option, which we may exercise on notice to you, to offer and display, in partnership with you, all or some of such advertisements on Your Alphastudy Portal. Alphastudy may establish general policies and guidelines surrounding Alphastudy of your own ads ("Advertising Policies"). Any such Advertising Policies are part of this Agreement and are subject to change from time to time.
YOU AGREE THAT ALPHASTUDY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR ALPHASTUDY PORTAL.
If you are a Site Admin, Alphastudy reserves the right to include promotional links on Your Alphastudy Portal(s) at no cost to Alphastudy, unless you pay the applicable Subscription Plan fees to remove promotional links. Removal of promotional links does not include removal of required Alphastudy legal notices and links to Alphastudy Terms of Service, Privacy Policy and Guidelines or any statement indicating that Alphastudy uses Alphastudy authentication for authentication upon sign in by Your Network Members.

9.Third Party Content and Hyperlinks to Third Party Sites
Content from other Members or advertisers, including, information about third party products and services and any Third Party Applications, is made available to you through Alphastudy Portals ("Third Party Content") on the Alphastudy Platform. The inclusion of Third Party Content on the Alphastudy Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Alphastudy has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Alphastudy or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Alphastudy Portal) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Alphastudy Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Alphastudy Platform at your own risk.
Additionally, Alphastudy or third parties may provide hyperlinks on Alphastudy Portals, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Alphastudy Platform and the inclusion of any link on a Alphastudy Portal does not imply Alphastudy's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Alphastudy expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Alphastudy Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

10.Representations and Warranties
You hereby represent and warrant to Alphastudy that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Alphastudy Platform including your promotional or other activities off the Alphastudy Platform that relate to Your Alphastudy Portal; (b) you have the right to grant to Alphastudy the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content; (c) Your Code and Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content or Your Alphastudy Portal contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Alphastudy Platform, or intercept or expropriate any system data or personal information from the Alphastudy Platform.

11.Acceptable Use and Conduct
You are solely responsible for your conduct, Your Alphastudy Portals, Your Code, and Your Content on the Alphastudy Platform. We want to keep the Alphastudy Portals on Alphastudy safe and fun for everyone and the use of the Alphastudy Platform for unlawful or harmful activities is not allowed. In defining Alphastudy "safe and fun," you specifically agree that:
You will not post, email or make available any Content to Users or use the Alphastudy Platform:
* In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
* in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Alphastudy Platform in connection with Your Alphastudy Portal;
* in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
* in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
* in a manner that is harmful to minors in any way;
* in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Alphastudy;
* to impersonate an Alphastudy employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Alphastudy Portal or the Alphastudy Platform without authorization;
* to interfere or attempt to interfere with the proper working of the Alphastudy Platform or prevent others from using the Alphastudy Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Alphastudy Platform, or that otherwise negatively affects other persons' ability to use the Alphastudy Platform;
* to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Site Admin's account or to monitor or copy the Alphastudy Platform (including the Network Code or Platform Code) or the content contained therein;
* to facilitate the unlawful distribution of copyrighted content;
* in a manner that includes personal or identifying information about another person without that person's explicit consent;
* in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Alphastudy Platform or to Users; and
* in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
* "Stalk" or otherwise harass anyone;
* Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
* Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Alphastudy Platform, including Alphastudy authentication passwords from a Site Admin, or to proxy authentication credentials for any Member of the Alphastudy Platform for the purposes of automating logins to the Alphastudy Platform;
* Use any profanity or the description or name of any illegal activity in the name of Your Alphastudy Portal or the Network Subdomain (as defined below) for Your Alphastudy Portal;
* Use the name "Alphastudy" as any part of the name of Your Alphastudy Portal or the Network Subdomain for Your Alphastudy Portal;
* Post any Content containing child pornography to any Alphastudy Portal. Alphastudy absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Alphastudy Member Data, to law enforcement, including the National Center for Missing and Exploited Minors;
* Post any Content that Alphastudy determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
* Post any Content that Alphastudy determines constitutes pornography or is adult in nature. Alphastudy's current policy on what is considered adult is located here and is subject to change.
* Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Alphastudy Portals and the Alphastudy Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
* Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Alphastudy's infrastructure;
* Attempt to gain unauthorized access to Alphastudy's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Alphastudy Platform;
* Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Alphastudy Platform or for using it for purposes unrelated to Alphastudy); and
* Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Alphastudy Platform.
You agree not to authorize or encourage any third party to use the Alphastudy Platform or any of Your Alphastudy Portals (and Your Alphastudy Portals will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Alphastudy in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

12.Alphastudy Platform Policies
Alphastudy may establish general polices and limits concerning use of the Alphastudy Platform ("Alphastudy Platform Policies"), including (and without limitation) the maximum number of days that Alphastudy Portals and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Your Alphastudy Portal(s), the maximum number of times and duration for which you may access the Alphastudy Platform or Alphastudy Portals in a given period of time, the maximum bandwidth used by Your Alphastudy Portal(s) or Content, and the maximum CPU power used by Your Alphastudy Portals or Content. The current Alphastudy Platform Policies are part of this Agreement.

13.Alphastudy's Relationship with Users
You acknowledge that Alphastudy may terminate your account (which is separate from a Site Admin's right to terminate your account), and remove your Alphastudy authentication, Content and Network Member Data, as well as disable your access to any and all Alphastudy Portals and the Alphastudy Platform, in accordance with the terms of this Agreement. If you are a Network Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Site Admin or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or Alphastudy's Privacy Policy.

14.Copyright Infringement/Digital Millennium Copyright Act Compliance
It is Alphastudy's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Alphastudy may remove any allegedly infringing Network Code or Content without any liability to you.
Alphastudy will promptly terminate without notice any Member's (including, for clarity, Network Member's or Site Admin's) access to the Alphastudy Platform, including access to any Alphastudy Portal, in appropriate circumstances where the Member is a "repeat infringer" of copyrights. Alphastudy, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member. Additionally, if a Site Admin continues to allow its Network Member's to post Content that is subject to notices of alleged copyright infringement, the Network may (at Alphastudy's sole discretion) be disabled.
Alphastudy strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. Alphastudy is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Alphastudy Portal.

15.Network Member Data
Through our Alphastudy Member Services, Alphastudy collects Alphastudy Member Data from Your Network Members and general information about a User's use of Your Alphastudy Portal(s). If you are a Site Admin or Administrator, you agree that your access to this Alphastudy Member Data (including the email addresses provided by Network Members during the Alphastudy authentication registration process ) as part of the management controls of Your Alphastudy Portal(s) is subject to the Alphastudy Privacy Policy. In addition, subject to this Agreement, you may collect Network Member Data from Your Alphastudy Portal Members; if you do so, you hereby agree that such Network Member Data shall not be used in a manner inconsistent with, or that causes Alphastudy to violate Alphastudy's Privacy Policy.
Member privacy is important to us. Therefore, if you are a Site Admin or an Administrator, you hereby agree that your use and disclosure of Network Member Data and any Alphastudy Member Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each Network Member's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of Alphastudy Member Data or Network Member Data that are less stringent than the standards set forth in the Alphastudy Privacy Policy.
You must clearly communicate on Your Alphastudy Portal that Your Alphastudy Portal uses Alphastudy authentication (including, on each page on Your Alphastudy Portal on which information is collected for purposes of Alphastudy authentication) and that each of Your Network Members will be sharing the data they provide to you with Alphastudy. This is for clarity and to ensure Your Network Members are aware of this relationship.
Subject to this Agreement and each Network Member's rights, all Network Member Data shall be the property of the applicable Site Admins. That being said, Alphastudy needs to run Your Alphastudy Portal on the Alphastudy Platform. To this end, as a Site Admin, you hereby grant Alphastudy a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, create derivative works of, distribute, publicly perform and display the Network Member Data on or through the Alphastudy Platform and in all current and future media in which the Alphastudy Platform may be distributed; (ii) use and disclose the Network Member Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Alphastudy Platform; and (iii) use Network Member Data for other purposes permitted by the Alphastudy Privacy Policy.
You acknowledge that Alphastudy may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Alphastudy Portal. Accordingly, you agree that, within 24 hours of any email request by Alphastudy, you will: (a) delete all Network Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by Alphastudy; and (b) confirm such deletion in email notice to Alphastudy.
Alphastudy is not required to keep back-up copies of Network Member Data on the Alphastudy Platform once the Alphastudy Portal or Network Member Data is deleted. Alphastudy makes no guarantee that Network Member Data will be safely stored on the Alphastudy Platform. To be safe, you should independently back-up Network Member Data.

16.Your Alphastudy Portal
We want to give you as a Site Admin as much freedom to create and control the Alphastudy Portals you build on the Alphastudy Platform as possible. You may have your own agreement(s) or policies between you and each of Your Network Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy and provided that you allow Alphastudy to display the Alphastudy Terms of Service, Privacy Policy and any Guidelines on your Alphastudy Portal.
To enable a great experience for all Users on the Alphastudy Platform, if you are a Site Admin, you agree to ensure each Alphastudy Portal you create or manage does not degrade the performance of the Alphastudy Platform. If your Alphastudy Portal(s) exceed the quotas and limitations set by Alphastudy (e.g., storage or bandwidth) or otherwise degrades performance of the Alphastudy Platform or other services in any way, we may suspend your Alphastudy Portal(s) at our sole discretion and without notice.
You agree not to harvest any email addresses from Alphastudy Portals or the Alphastudy Platform for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.
You also agree not to knowingly collect any information from, or develop any Alphastudy Portals that are targeted at minors.
You acknowledge that Alphastudy may terminate the account of any Member (including Your Alphastudy Portal Members) in accordance with these Terms of Service.
Your Alphastudy Portal shall not be designed or implemented in a way that, as determined by Alphastudy in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with Alphastudy when interacting with Your Alphastudy Portal, or (ii) any of Your Alphastudy Portal was created by or are endorsed by Alphastudy. Because we want you to have as much freedom over your Alphastudy Portal as possible, Alphastudy takes no responsibility for any Content located in Your Alphastudy Portal and Alphastudy has no obligation to monitor such Content or Your Alphastudy Portal.
You acknowledge that Alphastudy also reserves the right to remove, preserve, and disclose any information or Content on any Alphastudy Portal (including Alphastudy authentication and Network Member Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Alphastudy, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

17.Your Account
You need to register and create an Alphastudy authentication in order to become a Alphastudy Member, Network Member or Site Admin on the Alphastudy Platform. You are responsible for keeping your Alphastudy authentication password secure. Alphastudy authentications are non-transferable. You will be solely responsible and liable for any activity that occurs under your Alphastudy authentication. Alphastudy reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.
You may not use anyone else's account, Alphastudy authentication or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. Alphastudy will not be liable for any loss that you may incur as a result of someone else using your Alphastudy authentication, Network Subdomain, or password, either with or without your knowledge. However, you may be held liable for losses incurred by Alphastudy or another party due to someone else using your Alphastudy authentication, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

18.Disclaimer of Warranties
Your use of the Alphastudy platform, and all network code, platform code, third party software, non-Alphastudy code, and content (including third party content), are at your sole responsibility and risk. The Alphastudy platform and all network code, platform code, third party software, non-Alphastudy code and content (including third party content) are provided on an "as is" and "as available" basis. Alphastudy and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement. Alphastudy and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents disclaim any warranty that the Alphastudy platform, or any network code, platform code, third party software, non-Alphastudy code or content (including third party content) will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Alphastudy platform or the server that makes the Alphastudy platform available is free of viruses or other harmful components. Alphastudy makes no guarantee regarding (a) the amount, timing and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the Alphastudy platform or your Alphastudy Portal (b) the volume and quality of any traffic to your Alphastudy Portal or (c) the compatibility of your code or any non-Alphastudy code with any Alphastudy technology.
Any material downloaded or otherwise obtained through the use of the Alphastudy platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Alphastudy or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, or through or from the Alphastudy platform shall create any warranty not expressly stated in the terms.

19.Indemnity
You agree to indemnify, defend, and hold harmless Alphastudy, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
* Your Content or Your Alphastudy Portal;
* Your use of any Non-Alphastudy Code or Third Party Applications;
* Your use or misuse of, or connection to, the Alphastudy Platform;
* Your breach or alleged breach of this Agreement;
* Your violation of any rights (including intellectual property rights) of a third party;
* Your use or misuse of any User data (including Alphastudy Member Data and Network Member Data), including, in violation of the Alphastudy Privacy Policy and
* Your breach or alleged breach of any agreement or policy between you and other Users.
Alphastudy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Alphastudy. Alphastudy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

20.Your Interaction with Other Users
Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Network Member or Site Admin), Alphastudy is under no obligation to become involved.
You release Alphastudy, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users.

21.Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ALPHASTUDY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ALPHASTUDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE ALPHASTUDY PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO ALPHASTUDY BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN ALPHASTUDY (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE ALPHASTUDY PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

22.Changes to Alphastudy Platform
Alphastudy reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Alphastudy Platform or any part thereof with or without notice. Alphastudy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Alphastudy Platform.

23.Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on syd-em.alphastudy.com or elsewhere on the Alphastudy Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Alphastudy Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including Alphastudy Member, Network Member or Site Admin) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to syd-em.alphastudy.com or elsewhere on the Alphastudy Platform. The revised version will apply to you immediately if you are a User who registers or first uses the Alphastudy Platform on or after the posting of the revised version.

24.Terms and Termination

Term
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within any Alphastudy Portal on the Alphastudy Platform at any time and for any or no reason by following the instructions on the "Settings" page while logged in to a Alphastudy Portal. Additionally, you may terminate your Alphastudy authentication account and end your use of the Alphastudy Platform at any time and for no reason by following the directions here or contacting our Customer Service Team.

Termination
Alphastudy has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Alphastudy Platform or any Alphastudy Portal, (ii) remove and discard any Network Code or Content within any Alphastudy Portal or anywhere on the Alphastudy Platform or (iii) shut down a Alphastudy Portal, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
Effects of Terminating
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Network Member Data or Your Alphastudy Portal(s). Alphastudy will not have any obligation to assist you in migrating your data, Your Content, Your Network Member Data, Your Code or Your Alphastudy Portal(s) off of the Alphastudy Platform and Alphastudy does not keep any back-up of any of Your Content or Your Network Member Data. Alphastudy is not responsible for deleting Your Code, Network Code or Content on your behalf. Note that, even if Your Code, Network Code or Content is deleted from Alphastudy's active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Code or such Network Code or Content), and subject to the licenses set forth in this Agreement.

25.General
The failure of Alphastudy to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You may not delegate your duties under this Agreement or assign this Agreement or your Alphastudy accounts or Alphastudy authentications, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. Alphastudy may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.
This Agreement, which incorporates the Alphastudy Privacy Policy and the Guidelines, constitutes the entire agreement between you and Alphastudy and governs your use of the Alphastudy Platform, superseding any prior agreements (whether written or oral) between you and Alphastudy regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.
The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Alphastudy may provide you with notices, including those regarding changes to this Agreement or any of Alphastudy's terms and conditions, by email, regular mail, or postings on the Alphastudy Platform. Notice will be deemed given twenty-four (24) hours after email is sent, unless Alphastudy has previously been notified that the email address is invalid.