Acceptable Use & Privacy Policy

This is an agreement between you and Implex.net, Inc., and their employees, officers, affiliates and assigns (jointly "Implex.net") regarding your use of the Implex.net Internet Service, all Implex.net Web hosting products, and any Implex.net Web site (the "Implex.net Service" or the "Services") and Implex.net's provision of such Services to you. By using Implex.net's Services, you are consenting to be bound to the terms of this agreement, which shall be referred to as the Implex.net Acceptable Use Policy.

1. Unlawful Use of the Implex.net Service. You may not use, or permit the use of, the Implex.net Service for unlawful purposes. In order to fulfill this obligation, you may not transmit, post or receive certain material, which include but are not limited to the following: threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, or otherwise violate any local, state, national or international laws or regulations. Moreover, you may not (i) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component; (ii) transmit any information, software or other material that is protected by copyright or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder; or (iii) transmit any unsolicited bulk e-mail (also known as "spam"). You agree to indemnify Implex.net and hold Implex.net harmless from any and all claims, damages, losses, and expenses (including attorneys' fees and expenses) resulting from or allegedly resulting from your use of the Implex.net Service whether or not such use is found to be in violation of any statute, rule or regulation.

2. Access to Other Networks. Anytime you access another network through the Implex.net Service, you must comply with that network's rules. You agree to indemnify Implex.net and hold Implex.net harmless from any and all claims, damages, losses, and expenses (including attorney's fees and expenses) resulting from or allegedly resulting from your access of other networks.

3. Control Over Content. Implex.net provides access to various forms of content that are available over the Internet. Implex.net does not screen in advance any specific information available over the Internet. Implex.net reserves the right (but does not assume the responsibility) to block or limit access to general categories of content that Implex.net deems in its sole discretion to be harmful, offensive, or otherwise in violation of this Implex.net Acceptable Use Policy. Implex.net shall have no liability for any action or inaction with respect to content received over the Internet. It is your responsibility to control access to information that you might find unsuitable. This includes controlling access by minors through your account. By signing up for the Implex.net Service you acknowledge receiving this warning and will not hold Implex.net responsible for language, opinions, discussions or graphics which may be viewed on the Internet. Implex.net has no obligation to monitor the Internet or any service offered via the Internet, including a Implex.net Service; however, you agree that Implex.net has the right to monitor electronically from time to time and to disclose any information as necessary to satisfy any law, to operate its services properly, or to protect itself or its subscribers.

4. Liability for Charges Incurred. Implex.net has no responsibility for any charges incurred through the use of any login name and password, including your Implex.net login name or password. You are responsible for all such charges and you will also be responsible for any charges incurred for long distance charges while accessing the Services. If you lose your password, immediately contact Implex.net Customer Service by (i) writing: Implex.net, Inc., 109 S 7th Street Roanoke Bldg Ste. 255, Minneapolis, MN 55402; or (ii) telephone: 612-339-8255.

5. Credit Card Billing for Implex.net Internet Service. Unless otherwise agreed to by Implex.net, Implex.net or an authorized billing agent (for the purposes of this Section, either will be referred to as Implex.net) will bill your credit card ("Credit Account") for use of the Implex.net Internet Service each month, plus applicable taxes or levies, if any, as required by law. The Implex.net Internet Service is only sold in full month increments; charges for unused time and setup fees will not be refunded or pro-rated. Your first monthly billing will occur at the time of registration; thereafter, billings will occur on a monthly basis in accordance with a Implex.net determined schedule. You are responsible for ensuring that Implex.net is able to successfully charge your Credit Account and that all information provided regarding the Credit Account remains current and accurate. If Implex.net is unable to successfully charge your Credit Account, the Implex.net Internet Service offered will be immediately deactivated. It is your responsibility to ensure that valid credit card information is on file. It is your responsibility to call customer service to provide valid credit card information in order to reactivate service. Deactivated accounts will be deleted after 30 days. To use the Implex.net Internet Service after account deletion, you will be required to re-register and provide valid credit card information. You must call customer service and provide valid credit card information to reactivate service. Monthly fees for the Implex.net Internet Service are subject to change at any time on 30 days' advance notice.

6. LIABILITY LIMITATIONS. IMPLEX.NET MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. IMPLEX.NET DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IMPLEX.NET WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THE CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, FAILURE TO DELIVER, MISTAKEN DELIVERIES OR SERVICE INTERRUPTIONS. THE USE OF ANY INFORMATION OBTAINED THROUGH THE IMPLEX.NET SERVICES IS AT YOUR OWN RISK. IMPLEX.NET MAKES NO WARRANTY AS TO THE CONTENT OR ACCURACY OF THE INFORMATION. IMPLEX.NET IS NOT LIABLE FOR ANY CLAIMS RESULTING FROM ANY FAILURE OR INTERRUPTION OF THE SERVICES. IMPLEX.NET WILL, HOWEVER, REPAY YOU ACCORDING TO THE INTERNET SERVICE "SLA" POLICY (IF YOU HAVE ALREADY PAID) FOR ANY SERVICES NOT PROVIDED DURING THE PERIOD IN WHICH THEY WERE NOT PROVIDED.

7. Connectivity. As a user of the Implex.net Service, connection is automatically disconnected upon: (a) Delinquent payment amount; or (b) detected illegal behavior.

8. Additional Information regarding Use of the Implex.net Internet Service. As a user of the Implex.net Internet Service, you may be assigned an IP address. This address is controlled by Implex.net and may be provided to you during the time that you use the Implex.net Internet Service. Any IP addresses assigned to you are controlled by Implex.net and are not transferable to any other party. You will not be allowed to maintain this IP address if you discontinue your use of the Implex.net Internet Service. You may not have more than one login session per account at any time, unless you have paid for multiple login accounts. You may not transfer or give out your ID and password for use by any other party. Account sharing is a violation of the terms of this Acceptable Use Policy.

9. Miscellaneous. Implex.net reserves the right to modify this Acceptable Use Policy from time to time, which shall become effective upon posting to the Implex.net Web site located at http://www.implex.net or its successor site. Continued use of a Implex.net Service constitutes acceptance of modifications made to this Acceptable Use Policy. In addition to any other available remedies, Implex.net may suspend your access to and/or terminate your account for any Implex.net Service immediately and without notice if you engage in any conduct or activities that Implex.net, in its sole discretion, believes are in violation of this Acceptable Use Policy. If you engage in any activities which cause damage to Implex.net, its customers, or its suppliers, Implex.net reserves the right to pursue a claim against you, including monetary damages to address economic losses that may occur. Nothing contained in this Acceptable Use Policy shall be construed to limit Implex.net's rights and remedies, and Implex.net hereby reserves all such rights and remedies which may be available to it at law or in equity.

10. Enforceability. In the event that any portion of this Acceptable Use Policy is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Implex.net's failure to insist upon or enforce strict performance of any provision of this Acceptable Use Policy shall not be construed as a waiver of any provision or right. This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Implex.net 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.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ACCEPTABLE USE POLICY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

PRIVACY POLICY
Implex.net is committed to protecting the privacy and security of the information provided by customers visiting our Web sites, including www.implex.net. Implex.net may request information from people visiting our Web sites at several different points on our Web sites. Implex.net is the sole owner of the information collected on these Web sites. We will not collect any personally identifiable information unless the visitor provides it to us voluntarily. Personally identifiable information includes a visitor's name, address, telephone number and e-mail address. Implex.net is dedicated to building a long-term relationship with all of our Web site visitors and customers. We will not sell, share or rent this information to others in ways other than as disclosed in this Privacy Policy.

Log Files
Our log tracking uses the Internet Protocol (IP) addresses from visitors' computers to analyze trends, administer our Web sites, track visitor movement, and gather broad demographic information to help determine the type of information visitors are interested in seeing on our Web sites. This tracking only collects IP addresses and not personally identifiable information. Visitors are not personally identifiable within our log files. Implex.net only uses this information for internal purposes and does not share this information with external companies or institutions.

Cookies
A "Cookie" is a piece of information that is sent from an Implex.net Web server to a visitor's browser and stored on the visitor's hard drive. Implex.net uses Cookies when a visitor orders a product or registers for a specific program. The Cookie stores information that allows Implex.net Web sites to remember a visitor the next time he or she visits a particular Implex.net Web site. Cookies also allow us to tailor our Web sites to better match visitors' interests and preferences. Visitors may choose to disable Cookies by changing their browser settings; however, they may not be able to access some of the information on our Web sites.

Registration
In some cases, a visitor may be required to complete a registration form to order a product or to receive certain information. During the registration process, the visitor is required to give specific information such as name and e-mail address. This information is used to contact the visitor regarding services offered by Implex.net for which the visitor has expressed interest.

Implex.net may also request optional demographic information (such as income level and gender) and unique identifiers (maiden name) to further facilitate the delivery of customized content and product information that is based on profile information provided by a visitor. This information may be used to better understand the visitor's needs and preferences to provide the visitor with enhanced services. Implex.net gives each visitor the option to unsubscribe or opt-out during any stage of the registration process.

Ordering
When taking orders online, Implex.net will request certain information from a customer to complete an order. The customer's information will include name, address, telephone number, e-mail address, payment information and other information as may be requested by Implex.net in the order form. This information is used for billing purposes, fulfillment of orders, ongoing account maintenance and upgrades.

Security
Implex.net utilizes VeriSign services to encrypt and secure sensitive information. VeriSign's Digital ID® allows Web servers to establish secure sessions with site visitors and establish the authenticity of the transmitting Web site. Implex.net Web sites that use VeriSign's Digital ID include: www.implex.net.

When visitors are asked to enter certain sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected through a Secure Socket Layer. Secure Sockets Layer (SSL) is a technology developed by Netscape and adopted by companies producing Web-related software. SSL negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions. While on a secure page, such as an order form, the lock icon on the bottom of Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® becomes locked, as opposed to unlocked, or open, when you are viewing other Web sites. To learn more about SSL and VeriSign, visit http://www.verisign.com/ssl/ssl-information-center/.

All visitor information, not just the sensitive information mentioned above, is restricted to Implex.net developers, network operations personnel and other qualified employees (such as billing clerks or customer care representatives). Finally, the servers on which Implex.net stores personally identifiable information are kept in a secure location.

If you have any questions about the security of our Web sites, please send an e-mail to Customer Care at support@implex.net

Newsletter
If a visitor wishes to subscribe to newsletters or other marketing information, such as e-mail updates, Implex.net will ask for contact information, including a street address or e-mail address. In addition, we may ask for information that will help deliver pertinent information to Implex.net Web site visitors. Visitors who do not wish to receive Implex.net newsletters or promotional materials may opt-out of receiving these communications by replying to unsubscribe in the subject line of an e-mail. Each newsletter the visitor receives from Implex.net will inform the visitor how to unsubscribe from these newsletters.

Sharing
Implex.net may partner with other parties to provide specific services, such as billing solutions, which are designed to enhance the functionality of our products and services. When a customer signs up for these services, Implex.net will only share names or other contact information that is necessary for the third party to provide these services.

Correction/Updating Personal Information
If a customer needs to update or change personal identification information, Implex.net will help the customer to correct, update or remove personal data provided to Implex.net. The customer can update or change personally identifiable information by calling Internet Technical Support at 612-339-8255

Notification of Changes
If we make any changes to the Implex.net Privacy Policy, we will post those changes on Implex.net Web sites so visitors are informed of what information we collect and how we use that information. We will always use information in accordance with the Implex.net Privacy Policy.

Links
Implex.net Web sites contain links to other Web sites. Implex.net is not responsible for the privacy practices of these Web sites. We encourage our visitors and customers to read the privacy policy of each Web site they visit. This Privacy Policy applies solely to information collected on Implex.net Web sites.

If you have any questions or concerns about this Privacy Policy or the privacy practices of Implex.net, please contact us by completing the Contact Us form on our corporate Web site at www.implex.net.

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