TERMS AND CONDITIONS OF SUBSCRIPTION

You must read and agree to these terms and conditions before you can become an active member of somebody.net. Please read them carefully.

1. For good and valuable consideration, the sufficiency of which is acknowledged by you and the Company, also referred as somebody.net, you hereby agree to become a subscriber to somebody.net, and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are you, referred hereinafter as the Subscriber, and somebody.net. Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide to you all the privileges of subscription to somebody.net available to a Subscriber in good standing. This Agreement is subject to change by Company at any time, and changes are effective upon notice to the Subscriber by e-mail, posting at or via hyperlink to somebody.net, or by mail.
   
   
2. THE SERVICES GIVEN BY somebody.net ARE INTENDED FOR USE EXCLUSIVELY BY CONSENTING ADULTS IN LOCATIONS WHERE THE SERVICES, MESSAGES AND OTHER COMMUNICATIONS PROVIDED BY somebody.net DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY.

   YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.

3. I agree to be personally liable and fully indemnify somebody.net for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual use of somebody.net alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from use of somebody.net including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
   
4. Some or all of the following fees and charges may be incurred by the Subscriber:

   a. Subscription Fees. The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable; and you must be 18 years of age or older to receive a SUBSCRIPTION to somebody.net. For your convenience and satisfaction, all monthly SUBSCRIPTIONs will automatically renew upon expiration unless your subscription is cancelled at least 10 days prior to expiration date. The cost of renewal will not exceed monthly SUBSCRIPTION costs at time of members' initial subscription. Cost of renewal will not be affected by any increase in somebody.net subscription rates. Currently 49 USD per month or monthly SUBSCRIPTION. All SUBSCRIPTION cancellations can take place by visiting our MEMBER SERVICES area. Members choosing monthly payment option is required to continue the service for 3 consecutive months and enter into a 3 months contract. Early cancellations of monthly billing or the contract will result in immediate account termination and no refund for the remaining membership month along with the collection of the payments of the remainder of months in contract term of 3 consecutive months period. 

   b. Other fees and/or charges for goods and services ordered at, through and/or from somebody.net and its licensees.

   c. Memberships that could not be automatically renewed or declined will be cancelled without further notice to the subscriber.

   d. Members are allocated transfer and speed of a regular 56 KBps modem. Excessive speed and bandwidth transfers of more than 3 GB per month will result in additional fees. The excessive fees in these cases will be determined on a case by case basis upon notification to the client. No charges additional charges will be there if the client does not agree. If the client does not agree excess usage charges, his account will be stopped for the remainder of the month and a cap limit will be placed on his account limiting his access speeds.

5. Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Company of the following: changes in the expiration date of any credit card used in connection with somebody.net; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Company is notified, by e-mail or by telephone to somebody.net's Customer Service Department at 1-347-4022222, during normal business hours of a breach in security, the Subscriber will remain liable for any unauthorized use of somebody.net. Upon request, Subscribers will be given access to billing records that support charges for use of the somebody.net.
   
   
6. Payment for the services provided to you at and/or through somebody.net may be made by automatic credit card or check debit and you hereby authorize Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to somebody.net, or as unauthorized any charge by somebody.net, for any goods or services, including subscription, for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from somebody.net or any fraudulent reporting of an unauthorized charge to somebody.net on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to somebody.net remains outstanding at the time of such fraudulent reporting, you shall be liable to somebody.net for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
   
   
7. Memberships obtained from us are for your own personal use. Username sharing is absolutely forbidden. Any members found to be engaging in username distribution would be disabled without a notice (well, actually, being polite, we send a notice!) and no refund would be made. You are free to use your username from as many computers, places, ip numbers at as many times as you want. There are no limitations. But if someone else is using your username, we would know! Our abuse check programs run every few days. Please make sure no one else except you is using your username. If there are others that need to use the service, please guide them to subscribe to us. Our aim is not to waste our members' money, but is to provide them a good service. We have been very tolerable to password abuse in the past but unfortunately it has gone out of hand and we had to take precautions. Imagine someone paying for one membership and 20 other people using the same username. This is not fair for our paying members. Besides, and average person consumes a lot of bandwidth so our profit is only marginal. When abuse starts, we lose money. And when we lose money, we cannot improve the service. Members participating in username abuse would be liable for $300.00 abuse surcharge for each month username abuse occurs.
   
   
8. Subscription to somebody.net may be terminated at any time, and without cause, by either Company or Subscriber upon notification of the other by electronic or conventional mail, or by telephone. You agree to be personally liable for all charges incurred by you during or through the use of somebody.net. Your liability for such charges shall continue after termination of your SUBSCRIPTION for any reason.
   
   
9. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to somebody.net. Access to and use of somebody.net is through the use of a password. Each Subscriber must keep his password strictly confidential. For security reasons, somebody.net will not release passwords. Unauthorized access to somebody.net is a breach of this Agreement and a violation of law.
   
   
10. Subject to the terms and conditions set forth herein, somebody.net hereby grants you a limited, non-exclusive and non-transferrable license to use its proxy server to access internet and other software associated with authorized Subscriber use of somebody.net which Company provides ("Services") during the period in which you are a current Subscriber in good standing.  You may make no use of Services not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Services; (2) modifying, translating, reverse engineering, decompiling, disassembling the Services (except to the extent applicable laws specifically prohibit such restriction); (3) renting, leasing, or transferring any rights in the Services; (4) making any other use of the Services. This license does not grant you any rights to any software enhancements or updates of any kind.
    
    
11. Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through somebody.net are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All versions of somebody.net, and all Services and other matter used directly or indirectly in, at, by, through and/or with somebody.net are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at somebody.net shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Services is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s).
    
    
12. You agree all services provided to you by Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the   services provided by Company is borne by you. Should the Services provided by Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Services of somebody.net.
    
    
13. Company does not screen or endorse advertisements or communications submitted to somebody.net by third-party licensees, advertisers, or subscribers for electronic dissemination through somebody.net. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of somebody.net prior to purchasing goods and/or services described at somebody.net or otherwise responding to any communication at somebody.net.
    
    
14. Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of SUBSCRIPTION fee paid by or on behalf of the subscriber to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
    
    
15. Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Services, data, advertisement or other communication at or through somebody.net.
    
    
16. Company will under no conditions be responsible for your actions while using somebody.net to access any destination web site, file, service or target or any other network resources including but not limited to the usage of internet protocols HTTP, HTTPS, FTP, TELNET, SMTP, GOPHER, or World Wide Web resources including but not limited to hypertext files, static or dynamic programs, images, scripts, content, artwork or any other network resources, ISPs, destinations through the intermediate use of somebody.net servers. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Services of somebody.net.
    
    
17. No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the somebody.net, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
    
    
18. "somebody.net" is a service mark of SOMEBODY INCORPORATED. All rights are reserved.
    
    
19. If the Company should at any time provide any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using somebody.net or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to somebody.net. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through somebody.net even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access somebody.net and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through somebody.net can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
    
    
20. Notices from somebody.net to Subscribers may be given by means of e-mail, by general posting on somebody.net, or by conventional mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to somebody.net may be sent in the following manner:

    a. by means of the web site form; or

    b. by telephone to somebody.net's Customer Service Department during normal business hours to 1-347-4022222.
    

21. This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of somebody.net, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of European Union and International Treaties of W.T.O. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall surviveits termination.

    YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO somebody.net.

    SELECT "I AGREE" TO INDICATE THAT YOU HAVE READ THE SUBSCRIPTION AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE SUBSCRIPTION AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS.

    IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED USAGE LOCATION, SELECT THE "I DO NOT AGREE".