These terms, conditions and policies details the services offered by, the
responsibilities of, and the liabilities of WAPITI.NET, herefore referred to as
WAPITI.NET. WAPITI.NET. is an intermediary on-line provider dedicated to offering
economical "Internet" media access to Elk Ranchers and Elk Enthusiasts for
WAPITI.NET provides a media source to its customers and exercises
no control whatsoever over the content of any information given to WAPITI.NET by a
customer. Furthermore WAPITI.NET services are to be used for lawful purposes only and any
attempt of or violation of any US or Federal laws and or regulations or International laws
and/or regulations is expressly prohibited. This includes copyrighted materials, materials
or communications judged to be threatening or obscene, and material or communications
prohibited by trade secret. WAPITI.NET does not take any editorial control over any
material provided by a customer and shall therefore deem all information provided by a
customer as lawful and accurate.
To the maximum extent permitted by applicable law, WAPITI.NET and its
suppliers disclaim all other warranties, expressed or implied, including, but not limited
to implied warranties of merchantablility or fitness for a particular purpose. This
includes loss of data resulting from delays, non-deliveries, wrong deliveries and all
service interruptions caused by mechanisms and processes outside of WAPITI.NET control.
WAPITI.NET shall strive to maintain exposure for all customers 24 hours
a day, 365 days a year; however WAPITI.NET will not be responsible for performance of said
obligation when delayed or hindered by war, riots, embargoes, strikes, or acts of
WAPITI.NET's service providers/suppliers, concealed acts of workmen or accidents or acts
of God. WAPITI.NET shall attempt to notify all customers in the event of any of the above
occurrences. Should such occurrences continue for more than 60 days, WAPITI.NET or the
customer may cancel service for the affected service and or products with no further
liability. WAPITI.NET will give 30 days notice to any customer of cancellation of said
media page arrangement between WAPITI.NET and the customer, and any remaining months which
have been paid for but not used will be fully refunded to the customer within 15 working
days of said notification.
All information and media (i.e., pictures, photos, brochures) sent to
WAPITI.NET for use on the customers media page shall become a part of the
WAPITI.NETs files and copies will become the ownership of WAPITI.NET and will not be
returned to the customer. Prior arrangements can be made with WAPITI.NET to return photos
if a self addressed stamped envelope is provided.
Customers will be billed annually (every 12 months) and shall have
30-days to make payment or a 2% finance interest charge will be added monthly to the
invoice. The invoice will include 12 months service plus any additional charges set forth
in the price list. Payment is due upon receipt of invoice.
An unpaid invoice over 14 days old will be considered delinquent and will
automatically cause the account to be shut off until the account is brought into good
standing. If service is interrupted for non-payment, there will be an account restoration
fee of $ 25.00, payable in advance, in addition to the over due charges.
Additional charges and services as shown in the pricing sheets shall be
paid in full prior to the changes or additions becoming effective. These additional
charges will be included in the annual billing.
The charge for returned checks is $25.00.
Customers must notify WAPITI.NET of cancellation of their media page 30
days prior to said invoice due date.
WAPITI.NET reserves the right to cancel any Customer with 15 days
advance written notice by certified mail. Refund of any monthly assessments shall be
refunded to the customer within 10 working days of said cancellation.
Any dispute which may arise between WAPITI.NET and any WAPITI.NET
customer will be handled according to the laws of Kansas, U.S.A. In any legal proceedings
to enforce this Agreement the losing party agrees to pay the prevailing partys
attorney fees and costs, at trial and on appeal.
This Service Agreement constitutes a contract between WAPITI.NET and each
of its customers and shall remain in effect, along with amendments which shall be added
from time to time, until dissolved by either party. Either party may dissolve this
contract by properly notifying the other party via E-mail, fax or USPS mail service.
THESE TERMS AND CONDITIONS HEREBY SUPERSEDE ALL PREVIOUS
REPRESENTATIONS, UNDERSTANDING OR AGREEMENTS AND SHALL PREVAIL NOTWITHSTANDING ANY
VARIANCE WITH TERMS AND CONDITIONS OF ANY AND ALL ORDERS SUBMITTED.
Any legal action arising out of failure, malfunction or defects in
WAPITI.NET services shall be brought within a period of one year from the occurrence or is
These terms and conditions can be modified from time to time by
WAPITI.NET. This agreement is governed by the laws of the State of Kansas, and any
portions of this agreement which are found to be illegal shall not invalidate the
enforcement of the remaining contract.