DISCLAIMER OF WARRANTIES 

Weblers, SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. 

Weblers specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. In no event shall weblers be liable for any consequential, indirect, special or incidental damages, even if weblers has been advised by client of the possibility of such potential loss or damage. If weblers, service to client is disrupted or malfunctions for any reason, weblers, shall not be responsible for losses of income due to disruption of service, beyond the fees paid by client to weblers for services, during the period of disruption of malfunction.

Limitation/Disclaimer of Liability 

Weblersis not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

Weblers does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement.

In no event shall Weblers be liable to Client for any damages resulting from or related to any failure or delay of Weblers to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Weblers control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement. 

Indemnity 

Client agrees to defend, indemnify and hold Weblers harmless from and against any and all claims, losses, liabilities and expenses related to or arising out of the services provided by Weblers to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Weblers.  

IP Addresses 

Weblers maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.  

File Back-up 

Weblers is not responsible for Client's files residing on Weblers servers. Client is solely responsible for independent backup of data stored on Weblers servers.

Warranties by Weblers

Weblers represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client's satisfaction. Weblers reserves the right to refuse service and discontinue any and all hosting, co-location and site creation services and affiliates programs without prior notification.  

Relationship of the Parties

The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.  

Taxes 

If governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Weblers to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Weblers may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.

Waiver 

Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.