The content of this page does not apply to Ubernappy, it is just here for historical purposes.

It is important to us that your experience with Napster is comfortable, enjoyable, and safe. That's why we respect your right to privacy and safeguard your private information. We've developed this privacy policy with you in mind, because we think you're entitled to know what information Napster collects and how it is used. As you know, things are rapidly changing at Napster, and we may need to modify this policy in the future. Rest assured that if we plan to make any changes affecting your Personally Identifiable Information, we will provide you with conspicuous notice through the Napster service and web site and an opportunity to delete that information. Keep in mind your participation in the Napster service is also subject to and controlled by the Terms of Use. If you have any questions about our privacy policy, please contact our Director of Privacy, Jonathan Earp, at privacy@napster.com.

This Privacy Policy is broken down into the following sections:

• What Information Does Napster Gather
• How Napster Uses Information It Collects
• Napster's Data Security Policies
• Disclosure Of Information to Third Parties
• Changing and Deleting Information
• Changes to Our Policy
• Contacting Napster
• Useful Privacy Links

Your email address is the only Personally Identifiable Information we currently ask you for during the registration process. We ask for this information so that we can contact you via email if the need arises. At this time, we do not ask for or collect other Personally Identifiable Information at registration, like your name, address, or phone number. Currently, your user name and the demographic information you provide during registration, like your age or education level, is not associated with your Personally Identifiable Information (e.g., email address). As noted, if our plans regarding your Personally Identifiable Information change, we will provide you with a prominent notice on our web site and on the welcome message of the Napster software, and give you an opportunity to delete your Personally Identifiable Information from our records.

Information on Your Use of the Napster Service

Your participation in the Napster community depends on our ability to help connect you to other users across the Internet. In order to do this, we need certain information about your Internet connection. Accordingly, each time you login to our service, Napster collects your Internet Protocol (IP) address, and the date and time of your login. Please note that this and other information on your use of the service is associated with your user name; it is not currently linked to any Personally Identifiable Information you provide.

In addition to information on your Internet connection, each time you login to one of our servers, the Napster service collects your user name, connection speed and identification information on the files you have chosen to make available. All of this information is publicly displayed and/or available to any user of the Napster service, and may be recorded by any other user who chooses to do so, or by Napster. Napster similarly gathers and displays information on the number of files you are currently sharing and transferring, and the length of time you have been online. Again, this information is available for any Napster user or for Napster to archive.

To search the Napster shared file index, you provide us with search criteria and we display a list of names of files that meet your criteria that other users have chosen to share with the community. Currently your searches are not recorded or stored by us, nor are the identities of any files you choose to share or transfer. However, the user from whom you transfer a file and the user to whom you transfer may be able to record details about the shared file or transfer, including your user name and IP address.

Again, while information on your use of the service is associated with your user name, it is not currently linked to any Personally Identifiable Information you provide. So, for example, we currently do not associate the files you transfer, the files you share, or the searches you perform, with your Personally Identifiable Information.

At areas accessible through the Napster website or the Napster Service, we currently offer other features that ask users to provide Napster with either Personally Identifiable Information or demographic data about themselves. We expect to add similar features in the future. For the most part, the information requested in the registration process for these areas is optional. We request it and intend to use it for internal reporting and administration of the site. We may also use the information in the aggregate to describe the makeup of the Napster community to third parties. To the extent we ask for contact information, we do it so that we may contact you as appropriate. Except in the very limited circumstances described in this policy, Napster will not disclose any Personally Identifiable Information provided to it during the registration process for these areas. Further, Napster does not currently associate any of the information provided through these registrations, including any Personally Identifiable Information, with information about you from your use of the Napster service.

In certain areas, you may choose to allow other Napster users to see the registration information you provide. For example, you may choose to allow other users in the Napster Forum to see your email address on messages you post. In such cases, we will notify you during the registration process and allow you to determine the information you wish to be displayed.

Napster SpeakOut

Napster's SpeakOut section allows you to easily send email messages to your representative members of Congress. You are asked to provide Personally Identifiable Information including your name, your mailing address and your email address so that we can identify you as a constituent of the member of Congress to whom your message is sent. Napster retains this information along with a copy of the message that is sent so that we can track the effect of messages. However, we do not associate the information we gather through Napster SpeakOut with any other information we collect regarding your registrations with Napster or your activities in the Napster community.

To offer the SpeakOut section, Napster uses the services of a third party called Capitol Advantage, and Napster shares the name, mailing address and email address you provide with Capitol Advantage so that they may send your message to Congress. Capitol Advantage is contractually prohibited from using the information provided to it in connection with the SpeakOut for any purpose other than sending your message to Congress, and it is prohibited from retaining any of the information we provide to them.

Napster Newsletter

If you sign-up for the Napster Newsletter by submitting your email address, you will be able to receive periodic updates that pertain to general information around Napster. If you choose to enter your zip/postal code and/or your country, Napster may send you updates specific to your geographic area. However, we do not associate the information we gather through the Napster Newsletter with any other information we collect regarding your registrations with Napster or your activities in the Napster community.

A Special Note about Children

Napster does not gather any Personally Identifiable Information from children that we know are under the age of 13. We believe strongly that parents should play an integral part in their child's on-line experience and should monitor that activity to ensure on-line sites are respecting their child's privacy. For additional information on protecting children's privacy, visit: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html

HOW NAPSTER USES INFORMATION IT COLLECTS

As noted, most of the information Napster collects is gathered for purposes of providing you with the Napster service. In addition, Napster may aggregate data it collects on the use of the service to improve and maintain the service, or for marketing activities; however, such uses will not disclose any of your Personally Identifiable Information.

The Personally Identifiable Information you provide to us is currently being used only to allow Napster to correspond with you. This includes any Personally Identifiable Information you supply during interactions with our customer service department. If our policy changes, of course we will notify you of that change via a prominent notice on our web site and on the welcome message of the Napster software.

NAPSTER'S DATA SECURITY POLICIES

We take special security measures to protect the Personally Identifiable Information that we store. This means, for example, that we use appropriate software and hardware tools to protect our computers against unauthorized access. Passwords are stored in a cryptographically secure format. We also prohibit our employees from accessing your Personally Identifiable Information except on a need to know basis, and even then only under confidentiality agreements. Our engineers review the security measures on a regular basis to update and strengthen these protections.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

There are some circumstances in which we may be required to disclose your Personally Identifiable Information or other information about Napster users to third parties, and we want you to know about them.

• We may reveal a user's identity (or whatever information we know about that individual) if we believe that user is harming or interfering with other Napster users, anyone else, or violating (either intentionally or unintentionally) our End-User Software License Agreement, our Terms of Use, or any of Napster's rights or property.
• Napster will reveal information, including Personally Identifiable Information, to the extent it reasonably believes it is required to do so by law. If we receive legal process calling for the disclosure of any of your Personally Identifiable Information we will, if permitted by law, attempt to notify you via the email address you supplied during registration at least ten days before we respond to the request.
• Napster may transfer information it collects, including any Personally Identifiable Information, in the course of a sale of all or most of the assets of the company.
• Napster may also disclose your Personally Identifiable Information with your express consent. If we seek that consent, we will do so unambiguously, explaining precisely what information we seek to disclose, the entity to whom we wish to disclose it, and the purpose for the disclosure.

As we mentioned above, you should recognize the fact that anything you post in the Napster Forum or in chat rooms is publicly available and may be recorded by anyone choosing to do so. You should not assume that the information you share is private. Likewise, information about your Internet connection, your shared files and your transfers is not confidential or private. You should think twice about revealing any Personally Identifiable Information in chat rooms, on bulletin boards or in connection with file sharing. While we are concerned about our users' voluntary disclosure of Personally Identifiable Information, it is impossible to monitor all aspects of our service at all times. Ultimately, you must take responsibility for safeguarding your Personally Identifiable Information.

CHANGING AND DELETING INFORMATION

\ Napster is committed to ensuring that you have appropriate control over your information. Changing your password, or connection speed is as simple as opening the Napster software, selecting the menu pull-down for File, Preferences and changing your data in the Personal section. Currently, as explained above, there is no association between your email address and the demographic information you chose to provide when you registered your Napster software or at various areas within the Napster community. Presently, you are not able to access or modify that demographic information or other data, but we will be implementing technology to allow you to make changes to this information. Nevertheless, if we ever decide to associate your Personally Identifiable Information to any other data, we will provide you reasonable access to modify that information.

If at any time you would like to delete your Personally Identifiable Information (including your email address), you can send an email request to remove@napster.com. Your Personally Identifiable Information will be deleted unless we are under a legal obligation to retain it.

CHANGES TO OUR POLICY

From time to time, Napster may change its privacy policy. You will be given conspicuous and advance notice of these changes by posting on our website and on the welcome screen of the Napster service. Before any changes are made to this policy concerning how Napster handles your Personally Identifiable Information, you will be given an opportunity to delete that information from our records.

CONTACTING NAPSTER

If you have questions about our privacy policy or anything related to your privacy on our service, we'd love to hear from you. Feel free to contact our Director of Privacy, Jonathan Earp at privacy@napster.com. You can also write to Jonathan Earp at:

Jonathan Earp
Director of Privacy
Napster, Inc.
600 Chesapeake Drive
Redwood City, CA 94063

USEFUL PRIVACY LINKS

Wait, there's more!

If you want to read more about Privacy, here are some links you might find useful...

• Electronic Frontier Foundation - a civil liberties organization working to protect your rights online.
• Electronic Privacy Information Center - established to focus public attention on emerging civil liberties issues relating to the National Information Infrastructure.
• Privacy Issues Page - from the Center for Democracy and Technology (CDT).
• The EPIC Cookies Page - definitions, links, and news.
• How to Protect Your Privacy - information from the Federal Trade Commission.