· Full refund policy applies only to the first service of its kind and only in case this is the only service of its kind.  
    · The initial term shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, CUSTOMER ACKNOWLEDGES, AGREE AND AUTHORIZE SOMEE TO AUTOMATICALLY BILL AND/OR CHARGE THEIR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION.
    · The Hosting Services may be terminated by the following methods:
     (a) by either party by giving the other party thirty (30) days prior written notice (subject to an early cancellation fee payable by Customer as provided below),
     (b) by Somee in the event of nonpayment by Customer,
     (c) by Somee, at any time, without notice, if, in Somee's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, or Customer's use of the Services disrupts or, in Somee's sole and absolute discretion and/or judgment, could disrupt, Somee's business operations and/or
     (d) by Somee in accordance with other cancellation terms listed herein.
    · If a customer cancels their Hosting service prior to the end of the Initial Term or any Term thereafter:
     (i) customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,
     (ii) customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and customer shall pay an early cancellation fee of $75.00. Any cancellation request shall be effective thirty (30) days after receipt by Somee, unless a later date is specified in such request.
    · If Somee cancels a customer's account prior to the end of the Term for the customer's breach of the Terms of Service and related agreements, the Customer's use of the Services disrupts, Somee shall not refund to customer any fees paid in advance of such cancellation and customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Somee shall have the right to charge customer an administrative fee of $50.00.
    · Upon termination of a customer's account for any cause or reason whatsoever, neither party shall have any further rights or obligations under these terms of service, except as expressly set forth herein. Termination of a hosting Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Somee may be entitled.
    
    Content
    · Somee reserves the right to access and review its user's content, files, or web pages for any reason at its sole discretion.
    · Somee does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by Somee.
    · Somee does not endorse any content contained within it's user's pages.
    · Somee will cooperate with all law enforcement efforts pertaining or involving the use of Somee's user's web space and content. This may result in Somee disclosing all information given to Somee including but not limited to information contained in user's profiles.
    
    Inappropriate Content
    Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, or these guidelines is prohibited. Somee reserves the rights to restrict or prohibit any and all uses of the Services or content on your Web site(s) and to remove such material from its servers, that Somee determines in its sole discretion, is harmful to its servers, systems, network, reputations, good will, other Somee Customers, or any third party. The following non-exhaustive list details the kinds of illegal or harmful or misappropriate conduct that is prohibited.
    
    Somee does not permit any of the following types of content:
    · nudity, pornography, anything of a sexual, lewd, indecent or obscene nature
    · violations of any copyright or any other right of any third party, including, without limitation, material protected copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization.
    · threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable
    · promotion of illegal activities (info on hacking, cracking, making illegal devices, etc)
    · information, instructions, or software containing or about any kind of virus
    · hate speech or hate propaganda
    · content that links to content that violates Somee's Terms of Service in any way
    · misrepresentation of user's identity, or the impersonation of anyone, including Somee personnel
    · collection of personal information for illegal purposes
    · content that is deemed by Somee, in its sole discretion, to be harmful to Somee, another company or organization, or individual
    · solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent
    · use of web space for spamming, web bombing, etc.
    
    Export Violations:
    · Somee does not permit the posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
    
    Harmful Content
    · Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
    
    Fraudulent Conduct
    · Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.
    
    Security Violations
    Violations of Somee's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Somee may investigate incidents involving such violations. Somee may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:
    
    · Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
    · Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
    · Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
    · Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
    · Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
    · Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
    
    Disallowed File Types
    Somee does not permit the following file types:
    · .cmd, and .bat.
    
    User Name Restrictions
    Somee user name restrictions are as follows:
    · No vulgar or offensive language
    · No use of a name other than your own
    · No use of a name that is an organization or entity other than your own
    · No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization
    
    Account Usage
    Customers are allowed to host multiple websites per account.
    
    Customer's selection of unlimited data transfer from their Web Site, excludes transfer from any database server, RealMedia server, or other audio/video streaming servers. Customers may pay additional bandwidth fees for database server or RealMedia, or other audio/video streaming servers transfers that exceed 10 GB, in the aggregate, during any calendar month. Customer's agree to design their websites in such a manner as to avoid overloading of Somee Servers, by limiting the use of CGI-Scripts that require overly high processor capacity, and to use good judgment to provide a website that is designed in a technically competent manner. Somee has the right, should the customer's website be the cause of interruptions in Somee's ability to provide its services to other customers, to temporarily disable access to the customer's website. In case Somee takes such a step, the customer will be informed thereof as soon as is practicable and Somee may work with customer to remove the condition that led to the suspension.
    
    To protect the legitimate Internet use of our Customers across our system, Customers may not:
    
    · Resell or give away Web Space under a domain name or create (sub domain) Web sites on Behalf of other companies, groups or individuals. Customers interested in reselling the Somee Web Hosting services should contact Somee's Sales department.
    · Use the Web site to store Web pages, files or data for other IP addresses or domain names, or as a repository for files, data or (Warez group) download transfer.
    · Offer adult content, mp3 downloads, or software downloads.
    · Use the Web site as a storage area for files that are not linked to Customer's Web pages hosted on the same site on Somee's servers.
    · Utilize CGI/PERL chat, JAVA chat or any other chat scripts.
    · Somee may immediately suspend service without notice to any Web site that violates these rules in manner that adversely affects the operations or performance of other Somee customers.
    
    In the event of any dispute regarding these rules, Somee may determine violations of these rules in its sole discretion. Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will pay Somee the applicable rate for excess bandwidth.
    
    E-mail Communication
    
    Somee users agree to:
    · Maintain a current email address in the Somee database. Failure to notify Somee of an e-mail change could result in the termination of your Somee account.
    · Receive emails about a product or service that might be of interest from an advertiser.
    · Receive updates and newsletters in email as Somee decides to send them.
    · Check all of their email accounts in regular intervals and to download the email stored therein in order to maintain an acceptable data-transfer volume. Somee may, should the capacity of your email boxes be exceeded at any time, return all subsequently received emails to the senders without notice to the customer.
    
    Somee users agree not to distribute, publish, or send any of the following types of e-mail:
    · Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.
    · Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
    · Harassing e-mail, whether through language, frequency, or size of messages.
    · Chain letters.
    · Malicious e-mail, including without limitation "mail bombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
    · E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
    In addition, you may not use Somee's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
    
    Termination of Service
    A partial list of the actions that may cause termination of account:
    · Purposely circumventing the receiving of emails
    · Posting or providing links to content that violates these Terms of Service
    · Using an account that is not yours or is inactive
    · Sending unsolicited (bulk, spam) email from or referencing your space
    · Reproduction or use of another user's content without permission
    · Reproduction of any Somee.com content (CodeBank, Forum Messages, Articles)
    · Invalid e-mail address for correspondence with Somee
    
    INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE TERMS OF SERVICE BY YOU.
    
    Limitations of Liability
    a) SOMEE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOMEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    
    b) SOMEE MAKES NO WARRANTY THAT (i) SOMEE WILL MEET YOUR REQUIREMENTS OR THAT, (ii) SOMEE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
    
    c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SOMEE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    
    d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOMEE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
    
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOMEE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOMEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SOMEE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    
    You agree to indemnify and hold Somee, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on Somee your use of Somee, your violation of these Terms of Service, or your violation of any rights of another.
    
    These Terms of Service constitute the entire agreement between you and Somee and govern your use of Somee, superseding any prior agreements between you and Somee. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and Somee shall be governed by the laws of the State of Somee location. You and Somee agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of State of Somee location. The failure of Somee to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.