Last updated Feb 8th, 2010

1 Introduction

1.1 iCyte Inc. (“iCyte”, “we” or “us”) has developed this Acceptable Use Policy to apply to your use of the computer software product and associated server access known as “iCyte” (the “Service”).

1.2 This Acceptable Use Policy forms part of the license under which you use the Service.

1.3 We may amend this Acceptable Use Policy at any time in our sole discretion. We will post any amendments on the iCyte website. The amendments will apply to your use of the Service after such amendments have been posted.

2 Your obligations

2.1 You must abide by the provisions of this Acceptable Use Policy.

2.2 You must only use the Service for the purposes for which it was designed and offered and not for any other purpose including, but not limited to, any purpose stated in this Acceptable Use Policy as being not acceptable.

2.3 You must only use the Service in a responsible and professional manner, taking into account the effects your use of the Service may have on the Service and other users of the Service.

3 Acceptable use

It is acceptable to use the Service to:

(a) save (with or without highlights, tags, notes, etc.) reasonable portions of web-based documents (“Cytes”);

(b) save Cytes into projects and to extract, publish, sort, search and edit those Cytes; and

(c) allow other persons to view and access Cytes,

in accordance with the terms of the license under which you use the Service and the terms of this Acceptable Use Policy.

4 What is not acceptable use

4.1 It is not acceptable to use the Service, or to allow anyone else to use the Service, in a manner which is, in our reasonable opinion, irresponsible, rude, unreasonable, unprofessional, unethical or unlawful.

4.2 In particular, it is not acceptable use of the Service to engage in any of the following practices, or to allow anyone else to engage in the following practices:

(a) attempting to gain access to, altering or disrupting any account, software, hardware (including, without limitation, any servers used by us) or network relating to the Service without authorization;

(b) using the Service to promulgate defamatory material, or to create Cytes which are defamatory;

(c) using the Service to promulgate illegal material (including pornographic material), or to create Cytes which are illegal;

(d) using automatic scripts or programs to create Cytes without express prior approval from iCyte;

(e) using automatic scripts or programs (including web crawlers) to access or attempt to gain access to the Service without express prior approval from iCyte;

(f) attempting to access the Service other than through iCyte’s designated website or as otherwise permitted by iCyte;

(g) using the Service to infringe or violate, or in a way which infringes or violates, any other person’s intellectual property or privacy rights or to misappropriate confidential information;

(h) using the Service to create Cytes which infringe any other person’s intellectual property or privacy rights;

(i) removing or altering any copyright, trademark, logo or other proprietary notice or label appearing on or in the Service or any third party materials;

(j) using the Service to represent or give the false impression that you are the author or creator of any content, when in fact you are not;

(k) impersonating another person while using the Service;

(l) reverse engineering, decompiling or disassembling the Service, or otherwise attempting to derive the source code or trade secrets of the Service except as, and then only to the extent, expressly permitted by applicable law;

(m) creating any derivative works of the Service;

(n) renting, leasing, lending-for-profit or providing commercial hosting of the Service, or otherwise providing or making available the Service to any person other than an Enterprise User for their use;

(o) reselling the Service to any person;

(p) creating a white label service using the Service;

(q) framing any website provided via the Service; or

(r) using the Service other than as expressly permitted by the license under which you use the Service, or in any manner that iCyte reasonably determines to be inappropriate or excessive.

5 Breaching this Acceptable Use Policy

5.1 If you use the Service in a way that breaches this Acceptable Use Policy, this will constitute a breach of the license agreement that governs your use of the Service.

5.2 Breach of this Acceptable Use Policy may result in iCyte taking action to remedy the breach. This might include, but is not limited to:

(i) editing your Cytes;

(ii) removing your Cytes;

(iii) suspending your ability to make or edit Cytes via the Service;

(iv) suspending your access to the Service; or

(v) terminating your access to the Service.

iCyte reserves the right to take any such action (or any other action it considers to be reasonable in the circumstances) without prior notice to you.

5.3 If your access to the Service is suspended or terminated for any reason or if your Cytes are edited or removed from our Server, you will not be entitled to damages, or any refund or reimbursement of fees or amounts previously paid by or charged to you.

6 Contact Details

iCyte, Inc. can be contacted at:

2150 Shattuck Ave, Suite 220
Berkeley, California 94704
info@icyte.com

All parts of the Service (including the Client, the Servers and all other related software) and all software and intellectual property related to the Service are copyright 2008, 2010 iCyte, Inc. All Rights Reserved.