Web Design Terms of Use

L.K.Valentine Design’s 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 Terms of Use and purchase order, if any. By using our website design Services you acknowledge that you have read and understand the 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”).
L.K.Valentine Design 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.
L.K.Valentine Design 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 L.K.VALENTINE DESIGN AND ITS AFFILIATES AND AGENTS 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. L.K.Valentine Design 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.