Welcome to the ActiveVideo Networks, Inc. ("ActiveVideo Networks") web site. These Terms of Service ("TOS") govern your access to and use of this web site and any information, content or material appearing on this web site. Your right to access and use this web site is expressly conditioned on your compliance with the terms and conditions set forth or incorporated into these TOS. Please read these TOS carefully. By accessing or using this web site, you agree to be bound by these TOS.

ActiveVideo Networks may modify these TOS from time to time. By continuing to access or use this web site, you agree to be bound by the revised TOS. The most current TOS can be found on our terms and conditions page.

Safeguarding User Name and Password
Customers and partners of ActiveVideo Networks may be provided user names and passwords to access particular areas of this web site. Please safeguard your user name and password. You accept responsibility for any use of this web site under your user name and password. You will promptly notify ActiveVideo Networks if you become aware of any unauthorized use of your user name and password.

Termination
You acknowledge and agree that ActiveVideo Networks has the right to terminate your right to access and use this web site if you violate these TOS or any other agreements or guidelines associated with your use of this web site. ActiveVideo Networks reserves the right to discontinue providing or to change this web site at any time and without notice.

Privacy Policy
ActiveVideo Networks respects the privacy of others. These TOS incorporate the terms of ActiveVideo Networks's Privacy Policy, which may be found in our privacy policy section.

Proprietary Rights
ActiveVideo Networks and its licensors own all right, title, and interest in and to this web site and all information, content, text, graphics, or other materials appearing on this web site. This web site is protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these TOS, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use this web site, or any portion thereof. You may not use this web site on or in connection with any other web site, for any purpose.

Trademarks
ActiveVideo Networks™, the ActiveVideo Networks logo, ActiveVideo®, CloudTV™, and all other ActiveVideo Networks trademarks, service marks, product names, and trade names of ActiveVideo Networks appearing on this web site are owned by ActiveVideo Networks. All other trademarks, service marks, product names, and logos appearing on this web site are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on this web site without the owner's prior written consent.

User Conduct
As a condition to your use of this web site, you agree not to:

1. interfere with or disrupt this web site or any systems or networks connected to this web site;
2. attempt to access or use any secured areas of this web site or circumvent any security or authentication measures;
3. attempt to probe, scan or test the vulnerability of this web site or any systems or networks connected to this web site;
4. reverse engineer, decompile or disassemble any of the software used to provide this web site;
5. attempt to access or search this web site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by ActiveVideo Networks or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
6. attempt to obtain, collect, store or modify any personal information of other users of this web site;
7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information, content or material transmitted through this web site;
8. upload, post, email, transmit or otherwise make available any information, content or material 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.

ActiveVideo Networks reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ActiveVideo Networks may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOS.

Links
This web site may provide links to third-party web sites. The inclusion of any link on this web site does not imply that ActiveVideo Networks endorses, recommends or is affiliated with any linked web sites or the content, products or services on or available from such web sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites.

Disclaimer of Warranties
This web site is provided "As Is". ActiveVideo Networks makes no warranty or representation of any kind, express or implied, as to the operation of the web site or the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information, content or material downloaded or otherwise obtained through this web site. To the maximum extent permitted by applicable law, ActiveVideo Networks disclaims any and all warranties of merchantability, fitness for a particular purpose and non-infringement. ActiveVideo Networks makes no warranty that this web site will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Some jurisdictions do not allow certain of the above limitations, so they may not apply to you, in which case, to the extent any statutory (implied) warranties remain, they are limited to the longer of one year or their minimum duration in such jurisdictions.

Limitation of Liability
Neither ActiveVideo Networks nor any other party involved in creating, producing or delivering this web site will be liable for any incidental, special, consequential or punitive damages, including, without limitation, loss of profits, information or data or business interruption, arising from your use of or inability to use this web site, whether or not ActiveVideo Networks has been informed of the possibility of such damage. You agree that ActiveVideo Networks's aggregate liability to you for any and all claims arising from the use of this web site is limited to $100. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, or for physical injury or death, so the above limitations may not apply to you to their full written extent.

Notice
ActiveVideo Networks may provide you with notices, including those regarding changes to this web site by email, regular mail or by postings on this web site.

General
These TOS are the entire and exclusive agreement between ActiveVideo Networks and you regarding this web site, and these TOS supersede and replace any prior agreements between ActiveVideo Networks and you regarding this web site. These TOS will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of laws rules or principles. Any legal action or proceeding arising under these TOS will be brought exclusively in the federal or state courts located in the Northern District of California and you and ActiveVideo Networks hereby irrevocably consent to the personal jurisdiction and venue therein and waive any objections thereto. The failure of either party to exercise or enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. If any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of these TOS will remain in full force and effect.

If you have any questions about these TOS please contact ActiveVideo Networks at Information Services.

ActiveVideo Networks, Inc. respects your privacy and recognizes the importance of safeguarding your information. This Privacy Policy describes our practices for collecting information when you visit our website www.activevideo.com (the "Site"), how we use that information and the choices you have.

Please take a moment to read these terms. Your accessing and continued use of the Site signifies your explicit consent to these terms and conditions of our Privacy Policy. This Privacy Policy may be updated from time to time as our services change and expand. We will notify you of such changes by posting them on this Site. All amendments will be automatically effective 30 days after they are posted.

Information We Collect
In various places on the Site, we may collect personal information about you, such as your name, address and email address and other information that can be used to contact you. ActiveVideo Networks will only collect such information where it is helpful for us to communicate with you, for example to fulfill an order you place or provide you with additional information you have requested. We will not use or share the personal information that you provide us online in ways unrelated to those described herein without first letting you know and seeking your consent.

Like many websites, ActiveVideo Networks also uses "cookies" to collect information anonymously. A cookie is a small bit of information stored by your browser on your hard drive that is used to identify your computer. Cookies collect information like IP addresses and the name of your operating system and browser software, but they do not collect any personal information.

We do not intend that children will use our Site. We do not solicit or knowingly collect information form children under 13 years old.

How We Use The Information We Collect
ActiveVideo Networks will use personal information you provide us to fulfill your orders for our products, to provide you with information about our products and services that you have requested and to respond to your questions. ActiveVideo Networks will also aggregate your information with that of the Site's other users to provide better products and services.

We use anonymous information, such as that pertaining to web pages viewed, to analyze trends, track user's movements, provide a better website experience and gather broad demographic information for aggregate use.

How We Share Information
ActiveVideo Networks may share your information with our affiliates, consultants, vendors and service providers who assist us in maintaining the Site and providing related services such as fulfilling orders. When we supply your information to our partners and these third parties, we require them to use it only for the function they are helping us with.

ActiveVideo Networks may also have to disclose your information when required by law or under the good-faith belief that such disclosure is necessary to conform to applicable law, comply with legal process or protect the property, safety or interests of ActiveVideo Networks, its agents, its employees or the public. Under such circumstances, ActiveVideo Networks may be prohibited by law, court order or other legal process from providing notice of the disclosure, and ActiveVideo Networks reserves the right to not provide such notice in its sole discretion.

As its business evolves, ActiveVideo Networks may sell, transfer or otherwise share some or all of its assets, including personally identifiable information, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In such an event, your personal information may be transferred to and used by another company. We will post notice before personal information is transferred and becomes subject to a different privacy policy and we will seek your consent if that policy is sufficiently different from this one.

We will not sell your information to any outside company for marketing or solicitation.

Access to Your Personal Information
You have the right to access and correct your personal information at any time. To review, update or make changes to your personal information, please send an email to .

Security
ActiveVideo Networks uses physical, electronic and administrative safeguards, including firewall, encryption and password protection for our databases, designed to protect the security of data and to prevent unauthorized access or disclosure.

Contacting Us With Questions or Concerns:

If you have any questions about this Privacy Policy, you can contact Information Services. You can also send your request to:

ActiveVideo Networks, Inc.,
333 San Carlos St., Suite 400
San Jose, CA 95110

Transfer to and Use in the United States
ActiveVideo Networks will transfer any personal information you provide to the United States of America to use and store the information for the purposes described herein. By using our Site and providing us with your personal information, you consent to such transfer, use, and storage of your personal information.