January 15, 2006

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by planetsurf.net at any time and without prior notice, such modifications to be effective upon posting by planetsurf.net on the Web site. This Agreement includes planetsurf.net's acceptable use policy for content posted on the web site, planetsurf.net's Privacy Policy, and any notices regarding the Web site.

1. Eligibility. You must be thirteen or over to register as a member of planetsurf.net or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. planetsurf.net may terminate your membership for any reason, at any time. If planetsurf.net terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

3. Non Commercial Use by Members. The Web site is for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of planetsurf.net. Illegal and/or unauthorized use of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Web site will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by planetsurf.net for any illegal or unauthorized use of the Web site.

4. Proprietary Rights in Content on planetsurf.net. planetsurf.net owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of planetsurf.net, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Member Conduct.
   1. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

   2. The username and password you choose or are assigned is not transferable and can only be used by you.

   3. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

   4. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not planetsurf.net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. planetsurf.net does not control the Content posted via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will planetsurf.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

      The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. planetsurf.net reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. You agree not to:

      • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      • harm minors in any way;
      • impersonate any person or entity, including, but not limited to, a planetsurf.net official, forum leader, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
      • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
      • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      • solicit passwords or personal identifying information for commercial or unlawful purposes from other users
      • engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
      • upload, post, email, transmit or otherwise make available any 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;
      • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      • intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
      • "stalk" or otherwise harass another; and/or
   
   

6. Member Disputes. You are solely responsible for your interactions with other planetsurf.net Members. planetsurf.net reserves the right, but has no obligation, to monitor disputes between you and other Members.

7. Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy.

8. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that planetsurf.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

9. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because planetsurf.net has no control over such sites and resources, you acknowledge and agree that planetsurf.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that planetsurf.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. Indemnity. You agree to indemnify and hold planetsurf.net, 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 Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.

11. Disclaimers. planetsurf.net is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. planetsurf.net is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. planetsurf.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. planetsurf.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will planetsurf.net be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and planetsurf.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. planetsurf.net cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from planetsurf.net or through or from the service shall create any warranty not expressly stated herein.

12. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will planetsurf.net be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if planetsurf.net has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, planetsurf.net's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to planetsurf.net for the Service during the term of membership.

13. Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and planetsurf.net regarding the use of the Web site and/or the Service. The failure of planetsurf.net to exercise or enforce any right or provision of these Membership Terms shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Membership Terms are for convenience only and have no legal or contractual effect.