Cypher NetSpace & IQ Storage FTP & Web Hosting  Toronto, Canada Phone: (416) 994-5580

Please note that Cypher NetSpace is the parent company of IQ Storage. All customers of IQ Storage must abide to the terms and conditions of the registered company Cypher NetSpace.

Terms of Service Agreement and Privacy Policy Aug. 20, 2004

Document Contents:
- Definitions
- Privacy Policy
- Terms of Service

Important Definitions for this document:

Publicly accessible means that either the files in question can be accessed by any Internet user anonymously, or that the user name and password needed to access the files in question have been provided through a publicly accessible means, e.g., on a web page.

Privacy Policy

Cypher NetSpace respects your privacy and works hard to safeguard the privacy of your personal data. We realize that the exciting growth of the Internet and online services raise questions concerning the nature, use and confidentiality of information collected about consumers. We want you to know that we apply our long-standing commitment to safeguarding privacy to our online and Internet activities.

In addition to this general online privacy policy, you may receive notice of other terms that apply to particular promotions or services.

Personally Identifiable Information

Cypher NetSpace does not share, disclose or sell any personally-identifiable information (such as your name, address, telephone number or e-mail address) collected online on Cypher NetSpace sites with other unaffiliated companies or organizations for non-Cypher NetSpace marketing purposes. In the future, should Cypher NetSpace decide to share such data with third parties for marketing, it will provide notification and the opportunity for its users to indicate whether they would prefer that the Company not provide such information about them to third parties. Because this information is a critical part of our business, it would be treated like our other assets in the context of a merger, sale or other corporate reorganization or legal proceeding. Cypher NetSpace also does not market to, or knowingly collect personal information from, children under the age of 13 on Company sites.

How We Use Information

Cypher NetSpace uses the personally-identifiable information we collect online principally to provide you with the service(s) you have ordered and to let you know about other offerings which may be of interest to you. Postal and e-mail address information, for example, enables communication about services offered and ordered, as well as the proper provisioning and billing of those services.

Like most large businesses today, Cypher NetSpace uses vendors to carry out certain functions in marketing and delivering services to you (such as processing data files and sending you new order fulfillment information), and so shares online data with those vendors to the extent necessary for them to perform their work. Of course, such partners and vendors must use that personally-identifiable information only for the purpose(s) for which it was shared and protect it from any further use. Cypher NetSpace also shares such information with other industry and credit-related organizations to improve operations and to protect against fraud, security and credit risks.

We also provide personally-identifiable online information in response to subpoenas and other legal demands, and where we believe that disclosing this information is necessary to identify, contact or bring legal action against individuals who may be endangering public safety or interfering with Cypher NetSpace property or services, or with our customers' or others' use of them.

How We Collect Information

Cypher NetSpace collects information online by asking you for it, for example, when you order a service, apply for a job, or respond to a survey, offer or other promotion. A customer's name, address (postal and e-mail) and telephone number are the most important pieces of information, but we might request other information, based on, for example, the service(s) being ordered or promoted.

Cypher NetSpace may also use "cookies" and similar technology to obtain information about your visits to our sites or your responses to e-mail from us - both individually and in aggregated data that does not identify you. These reporting tools tell us the parts of our web sites or e-mails in which you showed an interest or took some action, and help us improve the quality and usefulness of our sites. At Cypher NetSpace, we primarily use cookies to determine what services or promotions you are interested in. While cookies help us improve your experience while visiting our sites and customize our communications to the services you may desire, you have the option to block them through your Internet browser or other commercially available software. However, doing so may make some of our sites' features unavailable to you.

Another way we collect information online is through our affinity program partners who may provide us with information they already obtained from you online. For example when you are on a partner's site and click on a Cypher NetSpace banner that takes you to a Cypher NetSpace site, information that the partner has received from you already may be passed to Cypher NetSpace.

Security

We use encryption, firewalls and other technology and security procedures to help protect the accuracy and security of your personal information and prevent unauthorized access or improper use. For example, you will note that while using some features of the Cypher NetSpace web sites and online services, you will need to submit a password or some other type of authenticating information. All credit card information gathered over the Internet is transmitted using 128-bit encryption.

Your Access to Information

You may review or update the available personally identifiable information that we received from you online by accessing your account online, by contacting us through e-mail, or through the Company contact information. Please note that in order to better protect you and safeguard your information, we take steps to verify your identity before granting access or making corrections to your information.

Cypher NetSpace may use e-mail addresses you provide us online on Cypher NetSpace sites to send you e-mail related to Cypher NetSpace products and services or if you have affirmatively indicated a desire to receive additional information. If at any time, you would prefer not to receive further marketing communications, please contact us through e-mail provided below.

For questions regarding this policy, contact customer services.

File Storage Service Terms of Service

Content Guidelines

· Cypher NetSpace does not permit storage of pornographic content that is publicly accessible. 

· Cypher NetSpace does not permit the storage of any files (on any private or public account) that contain illegal content or pirated content, including child pornography. See Data Privacy for how content will be checked for suspicious files.

· Cypher NetSpace will remove any files immediately if told to do so by a court of law, in the United States or Canada. 

· Cypher NetSpace reserves the right to fully disable accounts that store files that are in violation of the above content guidelines, and delete files in that account if necessary. In the event that a dispute cannot be resolved, Cypher NetSpace reserves the right to terminate the account and delete all files contained in it.

Please note that Cypher NetSpace will grant access to files to government authorities in the United States or Canada, if it has been told to do so by a court of law, in the United States or Canada. 


Data Privacy

Cypher NetSpace will keep all files that are not publicly accessible confidential. However, the administrators and managers of Cypher NetSpace, as well as technical support agents working on behalf of Cypher NetSpace may look at file name listings, as this is often unavoidable while setting up accounts or maintaining computer systems, e.g., disk defragmentation. However, files may be scanned internally by computer programs that do not display their content on the screen, or through other means, e.g., a virus checker. 

In the event that file contents on a Cypher NetSpace server are suspected not to cooperate with the Content Guidelines, Cypher NetSpace reserves the right to fully access the files in question for the sole purpose of determining violations of Content Guidelines. Please note that Cypher NetSpace will grant access to files to government authorities in the United States or Canada, if it has been told to do so by a court of law, in the United States or Canada.

Exceptions  to the above paragraph are possible, but only through a written and signed agreement.


Use of Services
As a user of Cypher NetSpace:

· You cannot allow public access to login information that allows Internet users write access to Cypher NetSpace’s server. This is for security purposes. If this is done, write access for those accounts may be disabled until your password is changed. Reminder: Public access refers to mass distribution or availability of the user name and password. Giving this information to other selected companies or individuals is fine.

· You cannot resell the storage space provided to you without the consent of Cypher NetSpace. (We do have a reseller’s program for those interested.)

· You cannot provide logins that allow write access to those people who are not coworkers, employees, contractors, sub-contractors, clients, or family members without the consent of Cypher NetSpace. (Exceptions can be made with consent from Cypher NetSpace only.)


Notes about Bandwidth

Currently, Cypher NetSpace does not have any problems with bandwidth. However, there are some sites, particularly anonymous FTP-related sites, which can put enormous strains on bandwidth. In the event that Cypher NetSpace hosts such a site, Cypher NetSpace reserves the right to place limits on the useable resources of this account including but not limited to data transfer limits and download and upload speed limits to prevent it from affecting the quality of service to other clients. If such a situation ever occurs, Cypher NetSpace may offer to take off or increase resource limits for additional monthly costs.

If you have questions regarding this document, you must contact customer service before your sign-up is complete.