Terms and Conditions

1. Provider Liability
If WebSurf is unable, due to a "Force Majeure" condition (as hereinafter defined), to perform any of it's obligations under this Agreement, then upon giving notice of such Force Majeure condition to the other party within seventy-two (72) hours after learning of the Force Majeure condition, the obligations of the party affected (the "Affected Party"), so far as to the extent that they are affected by such Force Majeure, shall be suspended during the continuance of the Force Majeure condition. During such Force Majeure condition, however, the Affected Party shall make reasonable efforts to mitigate and remedy said Force Majeure condition, and proceed with its obligations as soon as possible. Notwithstanding the foregoing, if customer is the Affected Party, it shall be required to pay its payment during the continuance of the Force Majeure condition.

The term "Force Majeure" as used herein shall mean acts of God; strikes, work stoppages, lockouts; acts of public enemy; wars; embargoes; blockades; insurrections; riot; earthquakes; fires; storms; floods; washouts; explosions; breakdown, accident or unscheduled maintenance to equipment or facilities; or any order of the court of competent jurisdiction, or regulatory action by any regulatory agency or government body having jurisdiction over the operations of said equipment or facilities. A Force Majeure condition shall not suspend any obligation for payment due and owing under this agreement prior to the inception of the Force Majeure condition.

The Provider exercises no control what-so-ever over the content of the information originating outside of its systems passing through it. Use of any information obtained via the Provider is at the subscriber's own risk. The Provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

No warranty is made by the Provider regarding any information, services or products provided through, in connection with, or located on the computer systems of the Provider or other services provided by the Provider. The Provider disclaims any and all warranties of any kind, whether expressed or implied, for the service it is providing. The Provider also disclaims any warranty of merchantability or fitness for a particular purpose.

The subscriber agrees to hold harmless The Provider, its officers, shareholders, agents and employees, and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys' fees, litigation and court costs resulting from the subscriber's use of the Provider services in any manner, whether directly, indirectly or by any act of commission or omission. The forgoing disclaimer of warranties are void where prohibited by law.

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w e b s u r f    i n t e r n e t
P.O. Box 9104, Wichita KS 67277-9104
phone: 316.945.7873     |     fax: 316.794.8359     |     toll-free: 1.877.329.1671

Tech Support Hours:   Monday - Friday: 8AM - 10PM; Saturday: 9AM - 5PM