Web Hosting Terms & Conditions

Please be advised that Lefty's Stable offers equine web hosting services by IE Internet Solutions. IE Internet Solutions (abbreviated as simply "IE") is a sister company of Lefty's Stable. All assests used to set-up, service, and support your web hosting account are property of IE Internet Solutions. When you interact with technical support, sales, or billing personnel please be aware that they are in-fact employees of IE Internet Solutions.

This Acceptable Use Policy specifies certain actions prohibited by IE Internet Solutions for users of the IE Network. IE Internet Solutions reserves the right to modify this Policy at any time to comply with any laws, regulations and security agreements. By using IE Internet Solutions services, any customer, employee or third party unconditionally accepts the terms of this policy.

ILLEGAL USE
The IE Internet Solutions Network may only be used for lawful purposes.Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; and material that, in IE Internet Solution's sole discretion, is obscene, defamatory, constitutes an illegal threat, facilitates identity theft or other fraud, or violates export control laws. Any violation of the above, which compromises the integrity of the IE Network or any other network is strictly prohibited.

NETWORK AND MACHINE RESOURCES
IE Internet solutions reserves the right to monitor and allocate network and machine resources. IP addresses are allocated per server and according to virtual server specifications. CGI resources are allocated one per domain. IE Internet Solutions, in it's sole discretion and upon reasonable notice to the customer, reserves the right to discontinue any hosting account and/or any script which causes excessive server load and/or uses excessive server and network resources.

To protect Internet, network, and machine resources on behalf of the entire IE Internet Solutions customer base, no individual customer may do any of the following:

1. Offer adult content of any kind, as determined in IE Internet Solution's sole discretion.
2. Utilize CGI/PERL chat, JAVA chat, or any other chat scripts in a manner that adversely affects the operations or performance of other IE Internet Solutions customers, or of the IE system(s) or network(s). The adverse effect shall be determined by IE Internet Solutions in its sole discretion.
3. Use more than 1 MBPS thoughput during peak network hours (8AM - 5PM CST). Such usage could result in penalty fees. In the event of any dispute regarding penalty fees, IE Internet Solutions may determine violations and fees applicable in its sole discretion.

Moreover, in a shared hosting environment, for the same reasons indicated above, no individual customer may do the following:

1. Use their web site to store web pages, files, or data for other IP addresses or domain names, or as a repository for files, data, or “Warez group” download transfer.
2. Use their web site for data transfer from any database server, or for streaming audio and/or video downloads; or use their web site as a storage area for files that are not linked to the customer’s web pages hosted on the same web site on IE Internet Solutions servers.

IE Internet Solutions may immediately suspend service without prior notice to any web site that violates these rules. In the event of any dispute regarding these rules, IE Internet Solutions may determine violations of these rules in its sole discretion.

Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will owe IE Internet Solutions compensation therefor at the applicable rate for excess bandwidth.

SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. IE will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. IE respects the privacy of customer data and vigilantly protects that data and ALL customers who host with IE. If any violation of the law or this AUP is suspected, IE reserves the right to investigate. Use of the IE network constitutes consent to monitoring. Examples of unlawful acts, system, or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.

If you use any IE service described on this website, and if IE determines in its sole discretion that you caused or allowed a security exploit within the IE network, or that you caused or allowed UCE/spam originating from your service to adversely impact the IE network and its customers, you may be assessed a $1,000 penalty fee, in the sole discretion of IE. (As an example, if you fail to properly administer and protect your self-managed server from being exploited by a third party, this failure on your part in turn results in expanded degradation of the IE network.) If you subscribe to the IE Security Monitoring Plan and PPIS, and you implement Best Practices in accordance with the plan, you will not be assessed a penalty fee.

EMAIL
Sending unsolicited email messages, including, without limitation, unwanted advertising and informational announcements, is explicitly prohibited, whether sent in bulk or not, and whether commercial in nature or not. The use of IE resources to sell or enable the sale of "bulk" and/or "stealth" email software (to include so-called "spoof" software) is strictly forbidden. The use of IE resources to sell or enable the sale of software designed to "harvest" email addresses is also categorically prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner. Legitimate mailing lists and subscriber lists are acceptable. Otherwise, it is spam.

USENET
Posting the same messages to multiple newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is expressly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN IE CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

For Example: If you are hosting a bulk email site on IE servers and you use another ISP to SPAM from in order to reference your IE site by IP address or domain name, you are violating IE policy and possibly the law. If you have been granted telnet access to IE servers, multiple telnet log-ons are strictly prohibited and you must come from a valid IP address. Forgery is against the law. Any type of denial of service attack from valid or invalid addresses is a violation of IE security policy and against the law. If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited. Complaints regarding illegal Use or System or Network Security issues should be sent to abuse@ieinternetsolutions.com. Complaints regarding email abuse, USENET abuse or SPAM should be also be sent to abuse@ieinternetsolutions.com.

COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act provides limitations for service provider liability relating to material online with regard to information residing, at the discretion of the user, on a system or network that the service provider controls or operates. 17. U.S. 512(c). The designated agents for notification of claimed infringement are:

IE Internet Solutions
ATTN: Legal Staff
P.O. Box 390671
Minneapolis, MN 55439-0671

To view our online user agreement http://www.ieinternetsolutions.com/useragreement.php. IE does not tolerate any pornographic material or spamming and both infringements will result in an investigation and possible termination and removal of the site and/or virtual server without a refund. IE prides itself as a responsible member of the Internet community and is committed to protecting the data of and providing quality service to all IE customers all of the time.

INTERACTION WITH IE STAFF
Any threat, vulgar and profane language directed at any IE staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of IE should be reported immediately. Bottom line is let's work together toward a mutually beneficial relationship and create a prosperous and responsible Internet community.

BILLING NOTIFICATION
IE Internet Solutions uses an innovative real-time billing system. We do not send invoices via the postal service to our customers at this time. You may login to the customer support center to review statements, payments and manage your account. In addition to the online customer support interface, we automatically email customers immediately after a statement or payment has been posted to your account.

UPDATING YOUR ACCOUNT INFORMATION
You are required to inform IE Internet Solutions of any changes to your contact and billing information via the online customer support interface. To access this interface, simply type your username/password in the 'Support Login' area located at the top of every page. Information that you would be required to keep up to date is addresses, phone numbers, valid credit card information, and most importantly email address. Important notices involving your account are sent to the email address you have specified along with billing statements and payment receipts. Failure to keep your account information up to date may cause a disruption of service.>

COLLECTION PROCEDURES
Past due accounts will immediately receive an email notification. This notification will inform you of the situation and direct you how to make payment. If a payment has not been made within three (3) days of the due date, your account will be placed in an on-hold status. Accounts that are on-hold will not accept FTP or HTTP connections. Accounts that are 10 days past due will be charged a $25 reactivation fee and be turned over to our collections department. If you experience an interruption in service due to non-payment, please contact our collections department at collections@ieinternetsolutions.com or submit your payment online by logging into the customer support center.

In the event that you fail to pay for services provided and your account becomes more than 60 days past due, we will remove your stored data from our servers and report your account to a credit bureau. If we are forced to pursue legal action and obtain a judgment we will enforce that judgment. If you pay and we receive notice of returned payment for any reason to include insufficient funds and/or fraud, we will charge you any associated collection costs to include attorney and collection fees. All accounts that are processed through a credit bureau are subject to a $200.00 processing fee plus the balance due.

IF YOU PAY BY CREDIT CARD
Customers who pay via credit card will be charged at the time of account set-up for applicable set-up fees as well as the first month, quarterly, semi-annually or annual payment (depending on billing cycle chosen by the customer). Recurring payments will be charged to your credit card automatically on the same day as your original account set-up. If your account was initially set-up on March 24th and you chose to pay quarterly, your next payment would be automatically deducted on June 24th. Payments that are scheduled on non-business days may be deferred to the first following business day. It is important that customers keep their payment information updated at all times. This can be done online via our online support center. Failure to keep your payment information updated may result in account suspension or termination.

In the event that your credit card is declined, your account will be suspended until payment has been made. An automated email will be sent to your accounts primary email address notifying you that your card has been declined. If your account has been deactivated due to a past due balance, you will be subject to a $25 reactivation fee. Deactivated accounts require a payment that covers both the past due amount and the reactivation fee in order to be reinstated. Account deactivation will essentially prevent you as well as all visitors from accessing your site via FTP or HTTP.

Chargeback's initiated through your credit card company may result in suspension of service for any reason at our discretion. IE Internet Solutions may require customers who reinstate their account after a chargeback to include a signed and notarized statement that authorizes IE Internet Solutions to charge your card for the appropriate amount. This circumstance will also be subject to a $25 reactivation fee.

IF YOU PAY BY DIRECT DEBIT FROM YOUR BANK ACCOUNT
IE Internet Solutions does not currently accept direct debit payments. We are working out the details to allow this method of payment and hope to be accepting them soon.

IF YOU PAY BY PERSONAL OR COMPANY CHECK
Customers who choose to pay via personal or company check will immediately be invoiced at the time of account setup. Invoices are issued to the customer electronically and can be viewed at any time by logging into our online customer support center. We will also send an automated email to the customers primary email address notifying them that a new invoice has been posted to their account. IE Internet Solutions will not supply you with your new account information until we have received payment. Recurring invoices will be generated depending upon the payment schedule specified by the customer (monthly, quarterly, semi-annually, and annually). We issue invoices 15 days prior to the beginning of your next scheduled payment term. Your account will be considered past due 15 days after the due date and your service may be suspended at this point. IE Internet Solutions will send an automated email message to you once your account is past due. Suspended accounts may be subject to a $25 reactivation fee.

EXAMPLE: You signed up for a new account on April 7th and chose to pay by check on a quarterly basis. Shortly thereafter we receive a check from you which covers the first 3 months and the account set-up fee. On June 22nd we will issue you an electronic invoice for future services (July 7th - October 7th). If we do not receive payment by July 22nd, your account will be deactivated until we receive payment for your monthly services as well as the $25.00 reactivation fee.

In order to reestablish service for deactivated accounts, you will be required to submit a payment that covers both your past due balance as well as the reactivation fee should it apply.

IE Internet Solutions
PO BOX 390671
Minneapolis, MN 55439-0671

IF YOU PAY BY WIRE TRANSFER
Unfortunately we do not accept wire transfers at this time. We plan on adding this as an accepted method of payment soon.

DISK USAGE
If you exceed your accounts disk space allotment, IE Internet Solutions will provide additional disk space in 50 Megabyte increments. The charge for an extra 50 Megabytes of disk space is $2.50.

Should you exceed your disk space allotment, IE Internet Solutions will send notification to your accounts primary email address. Again, it is very important that you keep your account information updated with a current email address where you can be reached. Regardless of whether or not you have viewed the email notification, you are responsible for any disk space usage above and beyond what your account includes. We strongly recommend that customers continuously monitor their disk space usage via your accounts cPanel, account administration interface.

If you exceed your disk space limit, you will be required to purchase additional disk space or remove data to bring your disk space utilization under the allowable limit. IE Internet Solutions customers are subject to all disk space overage charges and required to pay them in full.

BILLING CYCLE
IE Internet Solutions offers as default a monthly billing cycle to customers for most plans. You may choose to pay your account on a quarterly, semi-annual, or annual billing cycle. Recurring bills will be posted to your account on the respective anniversary of your set-up date, the frequency determined by the billing cycle you select. Customers that have their account set-up on any day after the 28th will find that their billing date may be "rounded down" to the last day of the month. For example, if your account was initially set-up on January 30th and selected a monthly billing cycle, your next billing date would be February 28th.

If you have any questions regarding your bill, please submit a ticket your our Billing Department online by logging in to the customer support center (found at the top of every page). A complete picture of your accounts billing history may also be viewed online.

DATA TRANSFER
IE Internet solutions charges $10.00 per gigabyte block of extra bandwidth. Your account will be automatically charged for data transfer overages, the minimum charge is $10.00. Prior experience shows that very few of our customers actually exceed our generous data transfer allocations. IE Internet Solutions advises that customers make every effort to reduce the size of image, audio, and video files by either compressing them (i.e. save as .zip) or saving them in a lower quality or resolution. This can greatly reduce the size of your web site thus lowering the data transfer burden.

UPGRADE POLICY
Customer who choose to upgrade their hosting account are not subject to set-up fees. IE Internet Solutions pro-rates account upgrades, this charge will be clearly stated on the following month's billing statement which can be viewed online by logging into the customer support center. Customers who wish to upgrade their service can do so by logging into the customer support center and click on "Billing".

SUPPORT POLICY
Technical support is provided free of charge to all customers. IE Internet Solutions technical support can be found by logging into the 'Customer Support Center'. Simply locate the area at the top of the page called 'Support Login' and enter your accounts customer service username & password (not the same login information used for FTP or cPanel access). Once you have successfully logged into the Customer Support Center, you may submit trouble tickets to our billing and technical support staff. Every effort is made to answer trouble tickets in a timely matter - usually no longer than 2 hours.

IE Internet Solutions recommends that you fill out a trouble ticket for support issues so that a record is created for future reference. However, you may also send support questions directly to support@ieinternetsolutions.com. Our support staff places priority on answering trouble tickets, answering direct emails is considered secondary.

IE Internet Solutions also offers a 'Live Chat' option so that customers can chat with a customer service representative in real time. We make no guarantees as to the availability of Live Chat representatives. You can easily determine if a Live Chat representative is currently online simply by looking at the clickable 'Live Chat' image located in the side-bar on every page of our site. When a Live Chat representative is available to assist you, the lime green text "ONLINE" will appear in the clickable image.

We do not currently provide technical support via phone.

LATE FEE
In the event that your account is deactivated due to non-payment, a $25.00 reactivation fee will be charged to your account. The entire past due balance must be paid along with the $25.00 reactivation fee in order for your account to become current. You may review your account balance by logging into the Customer Support Center and click on "Billing".

CANCELING YOUR ACCOUNT
If you wish to cancel a specific feature or additional service in your account, please log into the Customer Support Center and view your account details. You will need to click on 'Edit' and proceed through the steps as directed. Your current plan will remain active until the next scheduled billing date. After your next scheduled billing date has passed, your account will be updated to reflect the desired change of service and your monthly bill will be adjusted accordingly.

If you wish to cancel your entire account with IE Internet Solutions please do so by logging into the Customer Support Center and clicking on the link "Cancel Account" in the "Account Information" area. You may also send an email originating from your accounts primary email address to cancellation@ieinternetsolutions.com. Account cancellation requests must be received at least 15 calendar days before the end of the current term (billing cycle). Cancellation requests made inside this (15 day) time frame are not guaranteed to be processed prior to the next billing cycle.

Thanks for hosting with IE Internet Solutions,

Customer Service Department
IE Internet Solutions
www.ieinternetsolutions.com

THIS AGREEMENT is made and entered into between IE Internet Solutions, located at 6976 Langford Ct., Edina, Minnesota 55436, hereinafter referred to as ("IE") and you, the Customer ("Customer" or "You"), who wish to use the below-described Service(s) of IE in accordance with this Agreement, to include IE's application/order form, and its various policies, which are located on the World Wide Web at http://www.ieinternetsolutions.com and its various subdirectories. You and IE are collectively referred to in this Agreement as the "parties."

NOW, THEREFORE, in consideration of the foregoing premises and of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:

1. DEFINITIONS:
   1. "Agreement" shall refer to the complete and entire understanding between the parties, exclusively represented by the totality of the following documents: this instrument, which you are now reading; the IE application/order form for Web space and Services; IE's Acceptable Use Policy (AUP); and IE's Billing and Procedures Policy (BP). The term "Agreement" shall not refer to any statement, supposition, or understanding not recorded in writing in the above-listed documents. The IE AUP may be found at URL: http://www.ieinternetsolutions.com/acceptableuse.php. The IE BP may be found on-line at URL: http://www.ieinternetsolutions.com/billingprocedures.php.
   2. "Registered Name" shall refer to a domain name, whether consisting of two or more levels, about which the Registry Operator of a Top Level Domain (TLD), or an affiliate engaged in providing Registry Services, maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. In essence, a Registered Name is a domain name that is registered with a Registry Operator, through an ICANN-accredited Domain Name Registrar.
   3. "IE Network" or simply "Network" shall refer to the collection of computer servers, hubs, switches located at... and maintained by ImageLink USA, Inc.
2. SERVICE DESCRIPTION:  As a World Wide Web, Information Technology, and Internet Service Provider, IE provides Internet Web hosting, ecommerce, web design, search engine marketing, and associated services, hereafter referred to as the "Service" or "Services." For this purpose, IE resells services provided by Image Link USA, Inc. who maintains a network of dedicated server computers, routers, hubs, switches, and other equipment (collectively, the "Network") located in Maryland, USA, and integrated with the Internet. This Network sends and receives data and information via the World Wide Web. Customer wishes to connect to the Web and establish an Internet Web presence by utilizing the various resources of IE's Network and IE's Services. The quantity, type, and duration of Services provided to Customer shall be as Customer has already affirmatively selected in the IE application/order form. (See summary of options in paragraph 18, below.)
3. CONDITIONS:
   1. The IE application/order form for Web space and Services; IE's AUP; and IE's BP are incorporated herein by reference, as if fully set out. The foregoing constitutes a legal and binding contract between IE and Customer, which does not extend to any other person or entity.
   2. Customer may resell to third parties, but is responsible for third party activities and content, and is bound by the terms of this Agreement.
   3. The duration of this Agreement, as to its Initial Term and any renewal thereof, shall be as Customer has already affirmatively selected on the IE application/order form. (See summary of options in paragraph 18, below.)
   4. In accordance with (IAW) the BP, IE will bill Customer, and Customer shall pay, for excess resources used by Customer, such as data transfer, disk space usage, and virtual host limits. If Customer exceeds the virtual host limit for a particular IE service plan, however, IE will automatically upgrade Customer's account to the next-higher service plan, and bill Customer according to the upgraded plan, and Customer will pay according to the upgraded plan.
   5. Also IAW the BP, cancellations made after an application has been received by IE, and after Web space has been set up by IE, do not nullify Customer responsibility to pay costs incurred by IE in setting up said Web space. To protect Customer's data from malicious deletion or other tampering, and to protect IE from liability therefore, all cancellations by Customer must be accomplished exactly IAW the IE BP.
4. WARRANTIES and LIMITATION OF LIABILITY:  With respect to the Services to be provided hereunder, Customer understands and acknowledges that IE MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. Customer further agrees that IE shall not be liable to Customer for any claims, damages, or loss of profit which may be suffered by Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the Services provided hereunder, including, but not limited to, losses or damages resulting from loss of data due to delays, non-deliveries, or Service interruptions. The utilization of any data or information received by Customer from use of the Services to be provided by IE is at Customer's sole and absolute risk. IE specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of such data or information.
5. TRADEMARKS
   1. Customer shall not use the IE name, trademarks, trade names, or logos in connection with the operation of Customer's business, except as may be provided for in this Agreement. Neither party shall use the other party's name, trademarks, or logos in either its own corporate name or in any fictitious name. Neither party nor its employees or agents shall knowingly remove or alter any trademark, trade name, copyright, or other proprietary notices, legends, or symbols from any of the other party's products or documentation or intellectual property.
   2. Neither party shall take any action, or intentionally omit to take any action, that would jeopardize, limit, or interfere in any manner with the ownership of the other party in the other party's products, services, documentation, or intellectual property. Title to and ownership of all copies of any products, services, software, documentation, or Internet services developed by or for IE or owned by IE through the term of this Agreement, whether in machine-readable or printed form, and including, without limitation, any derivative works, compilations, or collective works thereof, and all related technical know-how, and all rights therein (including without limitation rights in patents, copyrights, and trade secrets applicable thereto), are and shall remain the exclusive property of IE and its suppliers. Customer shall not take any action to jeopardize, limit, or interfere in any manner with IE's ownership and rights therein.
   3. Customer agrees not to disassemble, de-compile, or reverse-engineer any of IE's Internet software or any of IE's source code, without limitation.
6. CONFIDENTIALITY & NON-COMPETITION
   1. Customer and IE hereby agree not to disclose or use, and to assure that their employees and agents do not disclose or use, any confidential information belonging exclusively to one another ("one another's Confidential Information"). Customer and IE acknowledge that the following materials and information, and all copies thereof, constitute one another's Confidential Information:
   2. Lists of subscribers, customers, or clients, including without limitation information about their occupation, credit card numbers, information, and preferences; and the results of market research performed or obtained by one another concerning any such subscribers, customers, or clients;
   3. Information belonging to and/or concerning one another which is not generally known by or disclosed to the public, including without limitation information regarding one another's hardware, software, personnel, finances, business plans, computer programs, code, algorithms, expertise of employees and consultants, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics, and other technical, business, financial and product development plans, forecasts, strategies, and any other information marked "Confidential"; and
   4. Both parties acknowledge that the other party's above-listed Confidential Information is valuable, special, and unique; that its unauthorized disclosure or use will cause irreparable injury to the other party; that immediate injunctive and/or other equitable relief will be necessary and appropriate to remedy an unauthorized disclosure or use of such information; and that such relief may include without limitation a Temporary Restraining Order (obtained ex parte) as well as permanent injunctive or other relief.
   5. Customer shall not cause or attempt to cause any Employee or Agent of IE, of IE's subsidiaries, or of its parent company, to terminate his/her employment or agency during the term of this Agreement. Customer further agrees not to cause or attempt to cause any of IE's customers, their agents, or their employees to terminate their respective relationships with IE, or with any of IE's subsidiaries, or with its parent company.
   6. Upon termination of this Agreement, each party agrees to return to the other party, within a reasonable time period, any and all Confidential Information and other materials belonging to the other party.
   7. This Paragraph 4 will survive the termination of this Agreement for a period of two (2) years.
7. PAYMENT POLICIES:
   1. The following is intended to supplement the IE BP by providing a context for it, without conflictingtherewith.
   2. As consideration for IE's promise to provide to Customer the Services described hereunder, Customer agrees to pay IE, at the time of submitting the application and order, all the IE fees for the Services which Customer has ordered, regardless of the service plan/payment selections Customer has already affirmatively made on the IE application/order form. (See summary in paragraph 18, below.)
   3. All set-up and Initial Term fees are non-refundable, in whole or in part, even if Customer's Web hosting or other Service account shall be suspended, cancelled, or transferred prior to the end of Customer's then-current term. Any termination or cancellation by IE or Customer shall not relieve Customer of the obligation to pay all fees accrued prior to such termination or cancellation.
   4. Customer's set-up fee and first payment are due at the time the on-line application and Agreement are filled out and submitted to IE. Customer will thereafter be billed according to the IE BP, located on-line at http://www.ieinternetsolutions.com/billingprocedures.php.
   5. If Customer pays by check, restrictive endorsements or other statements on checks accepted by IE shall have no effect. Customer shall reimburse IE for all administrative costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments, to include chargebacks. At IE's sole option, interest charges may be added to any past due amounts at the lower of 1.5% per month or the maximum rate allowed by law.
   6. In the event that Customer fails to pay for Services IAW the IE BP, IE shall be entitled to unilaterally suspend its obligation to perform under this Agreement, in whole or in part, and to discontinue all or some Services, at its option, until payment is made IAW the BP. Moreover, in the event of failure to pay by Customer and/or a chargeback by a credit card company (or similar action by another payment provider allowed by IE) in connection with payments for the Services, Customer agrees and acknowledges that, in IE's sole discretion, Customer's Registered Name (domain name) registration shall be transferred to IE, and that IE shall thereupon possess all rights regarding such Registered Name registration including, without limitation, the right to make said Registered Name available to other parties for purchase, for the purpose of recovering the sum that Customer has failed to pay. IE may reinstate Customer's Registered Name registration at IE's sole discretion, and will reinstate such following IE's receipt of payment in full from Customer (unless IE has already sold the Registered Name registration to a third party, under the above provisions of this Agreement).
   7. As to guarantees or any promotional offers that may be in effect at the time you, the Customer, execute this Agreement, those promotional offers or guarantees are expressly subject to the following restrictions: All such promotional offers of products or services, such as free or reduced-rate domain name registration, free or reduced-rate set-up, or similar offers, may be invalidated by IE in its sole discretion the first time you make a late payment to IE, or in the event that you cancel your hosting plan within 30 calendar days after executing this Agreement; and in such circumstances, before a refund of any type is made to you, you will be charged the full price for such domain name registration, set-up, or similar product or service covered in a promotional offer. No 30-day "money-back" guarantee shall apply to a collocation hosting plan or a self-managed dedicated server-hosting plan. No 30-day "money-back" guarantee shall apply to your upgrade from one hosting plan to another hosting plan.
8. BREACH AND REVOCATION:  In the event that IE may at any time believe that the Service is being utilized for unlawful purposes by Customer, or in contravention of the terms and provisions of this Agreement, IE may unilaterally and immediately discontinue such Service to Customer without liability. Without limitation, this provision will include adult-content matters, unsolicited bulk emailing, and failure to pay in accordance with the IE BP.
9. SECURITY INTEREST IN CUSTOMER'S DATA AND REGISTERED NAME (DOMAIN NAME) REGISTRATION RIGHTS:  Customer agrees that IE and/or its subsidiaries shall have a security interest in Customer's data and in Customer's Registered Name registration, and shall have the right in IE's sole discretion to suspend, cancel, transfer, or modify Customer's Web hosting account and Registered Name registration in the event that Customer fails to pay or otherwise breaches this Agreement. Customer understands and acknowledges that by placing Customer's Registered Name and Customer's information on IE's servers, Customer has granted IE and its subsidiaries a security interest in Customer's Registered Name registration and customer's data. Customer acknowledges and agrees that Customer's Registered Name is subject to suspension, cancellation, or transfer by any ICANN procedure, by any Registrar or Registry Operator procedures approved under an ICANN-adopted policy, or by any other TLD Registry Operator procedures as the case may be, for the resolution of disputes concerning the Registered Name. Customer further agrees and acknowledge that IE owns all databases; compilations; collections; and similar rights, titles, and/or interests worldwide in the Web hosting and Registered Name databases generated by information relating to IE and IE subsidiary customers, and all information and derivative works generated from the Web hosting and Registered Name databases to include but not limited to:
   1. the original creation date of the Registered Name registration;
   2. the expiration date of the Registered Name registration;
   3. the name, postal address, e-mail address (which IE may alias for purposes of transfers), voice telephone number, and where available, fax number(s) of the technical contact, administrative contact, zone contact, and billing contact for the Registered Name registration;
   4. any remarks concerning the Registered Name that appear or should appear in the WHOIS or similar database;
   5. any other information IE generates or obtains in connection with the provision of Registered Name registration and/or Web hosting services.
10. DEFAULT; ACCELERATION; AND WAIVER OF NOTICE:  Should Customer fail to pay Customer's bill as required by this Agreement, or should Customer otherwise breach this Agreement, IE may declare Customer in default and require Customer to pay the entire debt immediately and without prior notice. Further, in the event of default, IE may act, in its sole discretion, as Customer's Attorney-in-Fact to execute actions or proceedings in connection with this Agreement, including, but not limited to, selling or otherwise disclosing Customer data and/or the Registered Name registration.
11. INDEMNIFICATION:  Customer shall indemnify and hold harmless IE from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs, and expenses that may be initiated against IE and IE's officers, directors, and employees for any Service provided to Customer by IE, to include Web space content that violates any copyright, trademark, or service mark; any proprietary right of any person or entity; any state and/or federal laws or regulations; or contains any defamatory matter.
12. CHANGES IN TERMS OF AGREEMENT:  IE reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the on-line application/order form, to include pricing of the Services, advising of the change and the effective date thereof by publishing it to the appropriate IE Web site, but with changes in fees being effective only at the end of any period for which Customer has prepaid. Utilization of the Service(s) by Customer following the effective date of such change(s) shall constitute acceptance by Customer of such change(s). Customer is solely responsible for staying informed with respect to changes in this Agreement, to include the application/order form, the AUP, and the BP, all of which are published on-line, as indicated above, and are readily available for public viewing.
13. ENTIRE AGREEMENT AND UNDERSTANDING:  This instrument --- together with the application/order form for Web space and Services, IE's AUP, and IE's BP, all of which are published on IE's Web site and are incorporated herein by reference --- constitutes the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
14. RELATIONSHIP:  The parties hereto are independent entities. Nothing in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
15. GOVERNING LAW:  This Agreement shall be governed by the laws of the State of Minnesota in the USA without regard to such State's laws and rules concerning conflicts of laws. Each party agrees that jurisdiction and venue for any and all claims, disputes, or other matters arising out of the Services provided herein and under this Agreement will only lie in Hennepin County, Minnesota. If any action at law or in equity is brought in Hennepin County, Minnesota, to enforce or interpret the provisions of this Agreement and Services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
16. SEVERABILITY:  In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable, or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
17. INTERPRETATION:  The format, words, and phrases used herein shall have the meanings generally understood thereby in the Computer/Software/Internet Industries. This Agreement shall be construed according to its plain meaning. In the event any ambiguity shall be found herein, interpretation shall be based on the intent of the parties, rather than a construction automatically against the interests of the drafting party.
18. Customer understands that Customer has already affirmatively selected one of the following service plan/payment options on the IE application/order form, which is incorporated herein by reference. The four options are summarized immediately below:
    1. Option 1. Term of one (1) month shall begin on the date of application. Customer pays for the one month of Service in one installment, each individual installment for subsequent months is nonrefundable, at Company's sole discretion. Thereafter, renewal terms ONE MONTH IN DURATION shall be automatic unless one of the parties cancels IAW the BP within 15 calendar days of the end of the then-current term.
    2. Option 2. Term of four (4) months shall begin on the date of application. Customer pays for the four months of Services in one initial prepay installment, such payment being nonrefundable, at Company's sole discretion. Thereafter, renewal terms FOUR MONTHS in DURATION shall be automatic unless one of the parties cancels IAW the BP within 15 calendar days of the end of the then-current term.
    3. Option 3. Term of six (6) months shall begin on the date of application. Customer must pay for the six months of Services in one initial installment, such payment being nonrefundable, at Company's sole discretion. Thereafter, renewal terms SIX MONTHS in DURATION shall be automatic unless one of the parties cancels IAW the BP within 15 calendar days of the end of the then-current term.
    4. Option 4. Term of twelve (12) months shall begin on the date of application. Customer must pay for the twelve months of Services in one initial installment, such payment being nonrefundable, at Company's sole discretion. Thereafter, renewal terms TWELVE MONTHS in DURATION shall be automatic unless one of the parties cancels IAW the BP within 15 calendar days of the end of the term.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting its ability to enter into this Agreement for the person or entity herein named as a party hereto. By filling out the online application/order form directly, using a dial-up IP address captured and logged by IE (or by placing a recorded telephonic order with an IE representative from a valid telephone number which is logged by a PBX system), and/or by clicking on "Accept" below, Customer agrees to all the terms and conditions of this Agreement.

IE takes your privacy seriously. Please read the following to learn more about our privacy policy.

WHAT THIS PRIVACY POLICY COVERS

• This policy covers how IE treats personal information that IE collects and receives, including information related to your past use of IE products and services.
• Personal information is information about you that is personally identifiable (such as your name, address, email address, or phone number), and that is not otherwise publicly available.
• This policy does not apply to the practices of companies that IE does not own or control, or to persons that IE does not employ.

INFORMATION COLLECTION AND USE

• IE collects personal information when you register with IE, when you use IE products or services, when you visit IE pages or the pages of certain IE partners, and when you enter promotions or sweepstakes. IE may combine information about you that we already have with information we obtain from business partners or other companies.
• When you register, we ask for certain information, such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. For some products and services we may also ask for your home or business address, Tax I.D. number or Social Security number, and information about your financial condition. Once you register with IE and sign in to our services, you are not anonymous to us.
• IE collects information about your transactions with us and with some of our business partners, including information about your use of services that we offer.
• IE automatically receives and records information on our server logs from your browser, including your IP address, IE cookie information, and the web pages you request.
• IE uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

INFORMATION SHARING AND DISCLOSURE

• IE does not rent, sell, or share personal information about you with other people or nonaffiliated companies, except to provide products or services you have requested, when we have your permission, or under the following circumstances:
• If we provide the information to trusted partners who work on behalf of or with IE under confidentiality agreements. These companies may use your personal information to help IE communicate with you about offers from IE and our marketing partners. However, these companies do not have any independent right to share this information.
• If we have a parent's permission to share the information if the user is a child under age 13. Parents have the option of allowing IE to collect and use their child's information without consenting to IE sharing of this information with people and companies who may use this information for their own purposes;
• If we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
• If we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of IE's terms of use, or as otherwise required by law.
• If we transfer information about you if IE is acquired by or merged with another company. In this event, IE will notify you before information about you is transferred and becomes subject to a different privacy policy.
• IE displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria (for example, women ages 18-24 from a particular geographic area).
• IE does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
• IE advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).

COOKIES

• IE may set and access IE cookies on your computer.
• IE lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to IE's cookies.

YOUR ABILITY TO EDIT AND DELETE YOUR ACCOUNT INFORMATION AND PREFERENCES

• You can edit your IE Account Information at any time.
• We reserve the right to send you certain communications relating to the IE service, such as service announcements, administrative messages and the IE Newsletter, that are considered part of your IE account, without offering you the opportunity to opt-out of receiving them.
• You can delete your IE account by logging into the Customer Support Center and click on the "Account Information" link.

CONFIDENTIALITY AND SECURITY

• We limit access to personal information about you to employees who we believe reasonably need access to that information in order to provide products or services to you or in order to do their jobs.
• We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

CHANGES TO THIS PRIVACY POLICY

• IE may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your IE account or by placing a prominent notice on our site.

QUESTIONS AND SUGGESTIONS

• If you have questions or suggestions, please complete a feedback form or you can contact us at:

IE Internet Solutions
Customer Service
P.O. Box 390671
Minneapolis, MN 55439-0671

IE Internet Solutions, (IE), does not necessarily endorse, support, sanction, encourage, verify or agree with the content, comments, opinions or statements hosted by IE customers, banner exchange participants, advertisers, vendors or partners. Information, products, and services offered, sold or placed online belong to the respective companies or individuals who place them there and are not representative of IE. The user understands that IE is not responsible for the content, quality or merchantability of any information, product or service offered herein and the user must assume full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any information or other content.

IE hereby expressly disclaims any and all warranties, expressed and implied, including but not limited to any warranties of accuracy, reliability, merchantability or fitness for a particular purpose by any vendor, customer, or associate offering information, products, and services through IE's web site, linked to IE's web site, or hosting with IE. The user agrees that IE is not responsible, and shall have no liability to such user, with respect to any information, product or service offered by others who are linked to the IE web site or are hosted on IE servers. IE shall not be liable for any damages allegedly sustained from use of the information, products and services. IE's only liability in the event of errors shall be the correction or removal of the erroneous information after verification.