Website Design Services Terms of Use

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Aplus’ Universal Terms of Use and any applicable purchase orders are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use and purchase order, if any. By using our website design Services you acknowledge that you have read and understand the Universal Terms of Use, in particular Section 6, Intellectual Property and Digital Content.

1. Our Obligations

Once you have submitted all User Content to us, provided you do not request additional changes, modifications, customized designs or similar non-standard work (“Custom Modifications”), we will furnish to you a website (“Created Website”).

Aplus will assign you an Internet Protocol (“IP”) address, which will remain under our control and ownership. You will have no right to use the IP address except as allowed by us, and we reserve in our sole discretion the right to change or remove any and all IP numbers and addresses.

Aplus does not have a duty to and does not generally screen or edit content or links originating from your website, but we reserve the right to refuse Service, monitor or to remove, without notice, any content or links which, in our sole discretion or that of a court or regulatory agency, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Universal Terms of Use, Anti-Spam or Acceptable Use policies or any other terms provided to you.

2. Your Obligations

You agree to deliver the User Content no later than five (5) days following the date you sign up for the Services (“Website Content Delivery Period”). In the event that the User Content has not been received following the expiry of the Website Content Delivery Period, the Created Website will be provided to you with generic website content that, in our reasonable opinion, is related to your industry.

For a period of 30 days following the date that the Created Website was delivered to you, you will be permitted to request three (3) minor revisions to the Created Website. If you request Custom Modifications, we will furnish to you the Created Website at a time designated by us.

You will use the Created Website as one website only, displayed at a single IP address for the single purpose specified originally to us. You may create one duplicate of the Created Website for back-up purposes.

You are responsible for the content of the website that you provide to us, including without limitation, its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any third party. This applies to content created by us at your direction for inclusion on the Created Website that has been reviewed and approved by you. You agree not to store, link to, transmit, advertise or make available any website content is illegal, misleading, or obscene, or is otherwise in breach of these Terms of Use, our Universal Terms of Use or Acceptable Use Policy or any other terms provided to you.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, ALL WEBSITE CONTENT IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS APLUS ITS AFFILIATES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES, COSTS, AND OTHER EXPENSES INCURRED BY US , RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

If you require help desk support from us, please contact us.

3. Archiving on Termination

You acknowledge and agree that once the Service is terminated your website will be archived for 30 days. If the amounts due and payable hereunder are not paid by the end of the archive period, your website will be erased. Aplus will not be responsible for any errors, loss of information or any other mishap that may occur following the first non-payment. Retrieval of the website from the archive will be on a best-effort basis. Users visiting your website during the archive period will see an error or substitute message window until the amounts due and payable hereunder have been paid.

4. Sample Website Privacy Policy

All Websites should contain a link to a privacy policy which accurately conveys the information collection and usage practices of the company represented on the site (similar to the example below). If you currently have a privacy policy applicable to your Website users, please provide it to us. If you do not, you are advised you to consult with a privacy/legal expert to help you create a privacy policy that meets the requirements applicable to your situation. We provide you with the following template for use as a starting point.

Sample Privacy Policy

This Privacy Policy applies to all personally-identifiable information supplied by individuals using this website. The following statements will help you understand the collection, use, and safeguards of the information you provide through this website. The terms “we”, “our”, and “us” in this Privacy Policy refer to <<your business name>>.

Understanding the Basics on Information Collection and Use.

WHY? The information you supply on this Website may be used by us to respond to your request for information and to communicate with you about our products, services and future promotions. We will not share, rent, or sell your information to third parties for them to market their products and services to you.

WHAT? We may request that you voluntarily supply personal information for purposes such as receiving correspondence, registering on a website, or participating in online surveys or market research. If you elect to participate, you may be asked to provide information, including your name, mailing address, phone number, or e-mail address. When you submit personal information via this Website, you understand and agree that we may access, store, and use your information.

HOW? Information you provide will be safeguarded according to industry-standard security and confidentiality because we recognize and appreciate the importance of responsible use of the information you choose to provide. We will take reasonable steps to ensure that third party service providers protect your information and keep it confidential.

Online Privacy and Security Information. We apply industry-standard security measures to protect against the loss, misuse, and alteration of information you provide on this Website.

Cookies are small pieces of information that are stored by your Web browser on your computer’s hard drive. A cookie may contain information (such as a unique user session ID) that is used to track the pages of the Websites you’ve visited. This Website uses cookies, but we do not store personally identifiable information in your cookies.

Children Visiting our Website. This Website is directed at adults. We do not knowingly collect or use information from children. Should children access this Website, we are confident that parents will not deem any of the information provided as objectionable for viewing. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

Contacting Us; Changes to Terms. By using this Website, you consent to this posted Privacy Policy. If you do not agree with this policy, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Your continued use of this Website following the posting of changes to these terms means that you accept these changes.

If you have questions regarding this Privacy Policy, the practices of this Website, to update your information, or to express opt-out preferences please contact: <<insert customer name and contact information>>.