3.3. Current prices for Surfside services are posted on Surfside's Rate Chart HERE. These prices may also be obtained by calling 1-87SURFSIDE. Surfside reserves the right to change prices and institute new fees to existing acounts. Surfside may change rates or institute new charges at any time without prior notice. Surfside does not issue pro rate fee refunds.

3.4 A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to Surfside for insufficient funds and for each credit card transaction that is denied.

3.5. Payments for all charges are due prior to the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at Surfside's sole discretion.

IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, Surfside RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.

Your are responsible for all costs Surfside incurs to obtain payment for services, including fees paid to 3rd parties, additional administrative fees, legal fees, etc..

If your account is suspended, regular charges continue to accrue until you cancel your account. Surfside may, at its sole discretion, charge a fee of $15.00 to reinstate a suspended account.

3.6. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old.

3.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

3.8. If you believe that Surfside has billed you in error, you must contact in writing the Customer Service Department (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.

3.9. Users who abuse the technical support service, will be charged $50 per call to technical support over the acceptable rate of 3 calls per calendar month. Abuse of free technical support is defined as more then 3 calls to technical support within the same calendar month for a user connecting to the Internet through Surfside. Any other users (user connecting to Internet through another provider, email only accounts, House (Free), web hosting, etc...) will be charged $50 for every call to Surfside techincal support.

4. Use of the Service

4.1. You and any members of your household are the only individuals who are authorized to access the Service through your Surfside account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or user name from two or more computer systems.

4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household. Surfside is not responsible for providing/remembering your password. You have the sole responsibility for the usage and selection of your password.

4.3. You are responsible for all charges assessed as a result of use of your account. However, Surfside will not hold you responsible for charges attributable to an unauthorized users access to your account without your permission, provided that you notify Surfside within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.

4.4. Except for software provided by Surfside, you are responsible for providing and maintaining all equipment and other software necessary to access the Service.

4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects Surfside to liability; or is in contravention of Surfside's policies.

Acceptable Use Policy. You agree to comply with all Surfside security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

5. Monitoring the Service; Disclosure of Member Information.

Surfside has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, Surfside will not disclose member information to outside persons or entities for the purpose of soliciting Surfside members.

Surfside, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.

6. No Warranties Provided by Surfside

6.1. Except for certain products and services specifically identified as being offered by Surfside, Surfside does not control any information, products or services on the Internet and except for such Surfside-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Surfside.

6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SURFSIDE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SURFSIDE MAKES NO EXPRESS OR IMPLIED WARRANTIES,

REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SURFSIDE OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SURFSIDE, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

6.3 SURFSIDE SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

6.4. THE INTERNET CONTAINS UN-EDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. SURFSIDE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

7. Your Remedies

7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.

7.2. UNDER NO CIRCUMSTANCES SHALL SURFSIDE, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY:
USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

8. Indemnity

You agree to defend, indemnify, and hold Surfside and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

9. Term of Agreement

This Agreement is effective from your acceptance thereof, which is indicated by your clicking the "Yes" button at the end of this Agreement or upon establishment of your account. If you are a current Surfside member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

10. Termination of Agreement

10.1. You may terminate this Agreement at any time for any reason by providing Surfside with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which Surfside receives Subscriber’s valid written termination request.

A written termination request is valid only if it includes your signature, main username, date you wish the service to be cancelled and the reason for canceling and is submitted using method outlined in Section 11.

You may terminate this Agreement by using only the method outlined in Section 11. E-MAIL and PHONE CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing your next billing day and cancellation of service will not take effect until your next billing day. Surfside does not issue pro-rated fee refunds and no refunds on pre-paid plans. There is a $30 administrative handling fee deducted for any refunds processed.

10.2. Surfside may terminate this Agreement: at any time without cause.

Notwithstanding the foregoing provisions of this section 10, if Surfside receives a written termination request from you, Surfside may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 10. If this Agreement is terminated prior to the end of a prepaid term, you will not receive a refund of any prepaid fees or other charges.

10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to Surfside all copies of software and documentation that you received from Surfside.

10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

10.5. Surfside's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.

11. Notice

11.1. You may change or cancel your Surfside account by the following method only:
By mailing a letter including your signature, main username, date you wish the service to be cancelled and the reason for canceling to: Surfside Internet
7071 Warner Ave #F-339
Huntington Beach, CA 92647

11.2. Surfside may provide notice to you by the following methods: by Electronic Mail or US Mail or courier service at the address you provided Surfside when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

12. Miscellaneous

12.1. Surfside's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Huntington Beach, California with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and Surfside. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and Surfside and/or your use of and/or Surfside's provision of systems and services there under, shall be brought and litigated, if at all, only in the state court system of the State of California. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

12.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without Surfside's prior written consent.

12.5. This Agreement, the Rate Chart, the Acceptable Use Policy, and the End-User License Agreement constitute the entire agreement between you and Surfside with respect to the Service.

12.6. Surfside reserves the right to alter, amend or modify this Agreement at any time.

12.7. Under California Civil Code Section 1789.3, California subscribers are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501,
Sacramento, CA 95814 or by telephone at 1-916-445-1254.

Send mail to webmaster@surfside.net with questions or comments regarding this Web Sites operation or content.