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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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