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Revised on 09/18/2003

Parties. This agreement is between Indy Web Productions, also known as iwpgroup.com, located at 12335 Windsor East Dr Fishers, IN 46038 and the party, business or customer as specified in the application (CLIENT).

Start of services. Services may be activated immediately following proper payment, provided that the CLIENT has supplied INDY WEB PRODUCTIONS with the proper information needed to begin. We will provide you with an estimated schedule of events before beginning any project.

Quality of Services. INDY WEB PRODUCTIONS will make the best efforts to provide quality and services. We will provide the CLIENT with an example layout first, once it is accepted we will then finish the CLIENT'S product. The CLIENT will review the final product to ensure that satisfaction is met. For our protection, the product may be saved as an image to prevent fraud or theft of the design.

Fees. CLIENT agrees to pay a non-refundable deposit fee if required, a technical support fee (if any) and any other fee in relationship to purchases. If you elect INDY WEB PRODUCTIONS to remain a technical contact for the services provided (domain name and hosting contact) fees of service to domain name registrars will be paid by the CLIENT. Indy Web Productions will present a fee schedule to the CLIENT before beginning any project that would add to the basic fee advertised.

Domain name registration. If INDY WEB PRODUCTIONS has paid for the registration of the CLIENT's domain name the CLIENT agrees to pay INDY WEB PRODUCTIONS for the service contract ordered as specified.

Collateral. All content produced by INDY WEB PRODUCTIONS will be used as collateral for unpaid bills and penalties.

Late Payment. CLIENT agrees to pay a one time penalty of 6% of the amount due plus $10 per month for delayed payments after 5 calendar after the due date posted.

Returned / Cancelled checks. CLIENT agrees to pay INDY WEB PRODUCTIONS $25.00 for all returned checks provided to INDY WEB PRODUCTIONS.

Billing information updates. CLIENT agrees to provide INDY WEB PRODUCTIONS any changes to the billing information promptly when there is a balance due. Billing information includes but is not limited to credit card info, address, phone, and checking account info.

Policies. CLIENT shall indemnify, defend by counsel reasonably accepted by INDY WEB PRODUCTIONS, protect and hold INDY WEB PRODUCTIONS harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web design and other services provided by other parties and INDY WEB PRODUCTIONS to the CLIENT.

Account sharing. CLIENT agrees to keep his account information confident. INDY WEB PRODUCTIONS shall not be responsible for lack of privacy or fraud do to shared or insecure passwords or identifiable account information.

Right of refusal. INDY WEB PRODUCTIONS has the right to refuse services to anyone.

LIMITED LIABILITY. INDY WEB PRODUCTIONS shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, Internet Service Provider bills, communication lines bills, loss of privacy, damages to third party even if INDY WEB PRODUCTIONS has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Further, INDY WEB PRODUCTIONS will not censor any content on the INTERNET. It will be the CLIENT's responsibility for the usage of the account and any consequences of this usage, including fees derived from negligence, over usage fees for storage and bandwidth. You hereby allow us to provide services with a web hosting provider unless specified otherwise. You agree to PowWeb.com's terms of service or any other hosting provider's terms of service and other contracts for Internet Web hosting accounts. By ordering a web package from us, you hereby allow us to reserve the domain name requested by you and register hosting services through a specified hosting provider for the time periods specified. Once this time period has expired, you agree to resume the payment for specified billing cycles for domain name registration, hosting fees, merchant processing fees if applicable, and any other cost not requested or provided by INDY WEB PRODUCTIONS. By default, the hosting provider is currently PowWeb.com. INDY WEB PRODUCTIONS will not be responsible for web server performance or usability.

Returns. INDY WEB PRODUCTIONS will not return collected fees for services after the CLIENT has accepted the product. Deposit fees are non-refundable.

Terms. CLIENT can terminate the services within 2 calendar days of ordering a service in writing only to the billing department by mail or e-mail. CLIENT understands that there will be no reimbursement and no pro-rate if he decides to terminate the services after acceptance of the product, regardless of the reason for the termination. INDY WEB PRODUCTIONS can terminate this agreement with 30 days notice. INDY WEB PRODUCTIONS can terminate the agreement immediately without any compensation if CLIENT violates this policy. 

Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein. 

Modification. This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto. 

Waiver. Performance of any obligation required of a party there-under may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement. 

Separability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms. 

No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto.

Excused Performances. INDY WEB PRODUCTIONS shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond INDY WEB PRODUCTIONS reasonable control. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable. 

Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.

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