Surfari User Agreement Contract
Surfari Internet Provider Services Customer
Agreement for Individual Internet Services

This is a contract. Read it carefully. Surfari Internet Provider Services requires that everyone who uses its services agree with the conditions set forward in this document.

1. Parties. Surfari Internet Provider Services (herein after referred to as "Surfari.Net") is an Internet access Service Provider and a party to this Agreement. The person that accesses Surfari.Net services (herein after referred to as "you") is the other party to this Agreement.

2. Changes in Terms. By accessing Surfari.Net services, you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms, which may be published by Surfari.Net's services while you are a user of Surfari.Net's services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact Surfari.Net immediately so that we may close your account.

3. Limitation of Liability and Indemnity. You agree that Surfari.Net will not be liable to you, beyond the refund of any unused future months account charges, for any direct, indirect, consequential, special or punitive damage(s) or loss(es) whatsoever you may incur in connection with the use of the Surfari.Net system or of any of the data or other materials transmitted through or residing on the Surfari.Net system, even if Surfari.Net has been advised of the possibility of such damage or loss. This includes, but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, misdeliveries, or service interruptions of any nature whatsoever. In addition, you agree to defend and indemnify Surfari.Net and hold Surfari.Net harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you at any use by you of Surfari.Net's services which leads wholly or partially to claims against Surfari.Net or Surfari.Net's system by you, by other customers, or by anyone else.
-Without limiting the generality of the above paragraph, you further acknowledge and agree that;

a. No Warranties; No Responsibilities. Surfari.Net exercises no control whatsoever over the content of the information passing through its Internet connection. Surfari.Net makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. Surfari.Net disclaims any warranty of merchantability of fitness for any particular purpose. Use of any information or data obtained via Surfari.Net is at your own risk. Surfari.Net bears no responsibility for the accuracy or quality of information obtained through its services.

b. Minors; Obscenity. You acknowledge and agree that materials are available on the Internet, which may not be suitable for minors, and that Surfari.Net is not responsible for the prevention of access to such materials and resources by minors or others. You agree that you have the sole responsibility for monitoring what is available to any minors or others who have access to the Internet through your Surfari.Net account. You further agree that you have sole responsibility for compliance with obscenity laws with respect to materials stored, retrieved or transmitted via Surfari.Net's facilities.

Further Agreements
-You further acknowledge and agree :

4. Use Restricted to Lawful Purposes. You agree that you will only use Surfari.Net's services for lawful purposes. You agree that you will not transmit any material in violation of any U.S. federal, U.S. State, or foreign law. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, or material protected by trade secret.

5. Other Networks; Access and Cancellation at Surfari.Net's Discretion. You agree to comply with the acceptable use policies, rules and regulations, and terms and conditions of any networks accessed by you through Surfari.Net. Surfari.Net reserves the right to refuse service to anyone. You further agree that although the use of Surfari.Net by you may be for lawful purposes, Surfari.Net may cancel any account at any time without cause and without notice.

6. Account Usage. When you pay the appropriate charge, you are entitled to an account. An individual account entitles only the named user to login, and only on one dial-up modem or TCP/IP session at a time. You agree not to resell, sublet, share, or otherwise make available your account(s) to others. You may not advertise products or services.

7. Modem Usage. Individual dial-in accounts are for personal, non-transferable, casual use. You agree not to use shared resources to such a degree that such use adversely impacts the availability of the network to other Surfari.Net customers. You acknowledge that individual accounts are not intended for those situations where a modem connection is maintained semi-permanently. Individual users agree that at no time will you maintain more than one simultaneous modem connection. You agree that Surfari.Net may, at its sole discretion, automatically disconnect sessions with no activity for a prolonged period of time. You also agree that you will not use automated programs to defeat idle time-out.

8. Disk Usage. You agree that storage of user data will be done within the user's assigned home directory, or as assigned by Surfari.Net's staff. You agree not to use other disk space, except for Surfari.Net's system programs making temporary use of the system's public file system areas. Surfari.Net agrees to provide account users 10 megabytes of disk space. Those requiring additional disk space may contact Surfari.Net for additional details.

9. E-Mail Usage. You agree that you will not send bulk e-mail to more than one hundred (100) users. Unsolicited E-mail to multiple recipients is strictly prohibited.

10. Usenet Usage. You agree not to make commercial postings to newsgroups the charter of which does not specifically allow commercial postings, or postings which are directed to either inappropriate, unrelated, or more than five (5) groups. Excessive use resulting in complaints may result in account suspension/revocation. Should violation of this provision require corrective action by Surfari.Net System Specialists, you agree to pay all costs incurred (minimum $1000.00) in mitigating any harmful effects.

11. Billing Policies; Application Form; Changes. The Application Form, which you signed (or applied via phone call/web page), is hereby incorporated into this Agreement. You agree that Surfari.Net may change its rates and otherwise modify any terms and conditions of this Agreement by notifying you via Surfari.Net's services 30 days in advance of such changes. Until you notify Surfari.Net to close your account, you agree that any new terms and conditions will supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with the terms and conditions of this Agreement and all order forms submitted. Service is invoiced in advance of applicable term. You agree to pay service charges until your account is canceled by signed notification. Upon such notification, no refunds will be sent to customers unless some agreement is made between the customer and the management of Surfari.Net. Surfari.Net invoices monthly for all accounts. You agree to make all payments within ten (10) days from the due date. If your check is returned to Surfari.Net unpaid, you agree that you will pay a return check charge of $5.00 for the first returned check, and $15.00 for each thereafter. If you choose automatic payment by credit card, Surfari.Net will process service charges on the 1st of each month. You agree that access to your account can be restricted if credit card processing fails for any reason. You agree that if your account is unpaid after ten (10) days of the due date, Surfari.Net may cancel your service. If you default, you agree to pay Surfari.Net reasonable collection expenses, including attorney and collection agency fees.

12. Choice of Law. You and Surfari.Net agree that the law of the State of California, USA will apply to all matters relating to this Agreement and to Surfari.Net's services. In addition, you and Surfari.Net agree and consent that the courts of San Luis Obispo County, California, USA will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.

13. Rights Not Waived. Failure by either you or Surfari.Net to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.

14. Partial Invalidity. If any part, term or provision of this Agreement is determined to be invalid or unenforceable by a court, board or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board or tribunal, or, if such provision is found to be totally unacceptable to such court, board or tribunal in any form, then as if such invalid provision were omitted altogether.

15. Entire Agreement. It is expressly understood that there are no oral agreements or understandings between you and Surfari.Net, which will be deemed to extend, restrict or otherwise supersede the exact terms of this Agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior Notice, be automatically modified to conform to the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via Surfari.Net's service, constitutes the entire agreement between the parties.

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