eWORKS! XL – ADDITIONAL TERMS AND CONDITIONS
For the Web.com eWorks! XL Services and/or Custom Website Level 1 Services (the “Services”), along with the Services Agreement located at www.web.com/legal,
the following additional terms and conditions also apply (collectively, the "Agreement"):
In accordance with the Services, Web.com will build a Website (the " Website") with information provided by Customer. The Website will consist of up to five (5) pages of content, whereby these pages can include a Contact Us page, a Map page and three (3) written pages with up to Two Hundred and Fifty (250) words of text and up to ten (10) images per page. Any additional pages and/or design work requested for the Website will be quoted on a case-by-case basis at an hourly rate of Ninety-Nine Dollars ($99.00) per hour. Web.com will further provide a "1-800" tracking number associated with the Website with up to two hundred (200) minutes per month of local and long distance telephone service. Web.com shall develop and host the Website on a network server accessible on the Internet via an assigned domain name and shall register the Website domain with several World Wide Web search engines. Services commencement is initiated on the basis of a recorded order verification, online acceptance or other method which indicates Customer's consent to Web.com provisioning the Services, and begins on the date that the Website is available on the Internet.
As between Customer and Web.com, all Content provided by Customer to Web.com for inclusion to the eWorks! WebsiteWebsite shall remain the sole and exclusive property of Customer.
Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content and that such Content and the use thereof does not violate the
Web.com Acceptable Use Policy in any way. Customer is responsible for any and all claims related to the Content. After the initial thirty (30) days following the launch of the
Website (i.e. 30 days after the Website goes live), Customer shall be granted rights to the domain name Customer selects for use with the Website (the “Domain Name”), however
Web.com makes no representations whatsoever with respect to the rights to any Domain Name that Customer provides for use with the Services. Web.com can also not guarantee
availability of any desired Domain Name. Customer will further be responsible for all claims related to Customer’s use of the Domain Name. The terms located at
http://www.web.com/legal/terms-of-service/domains.aspx further govern Customer’s use of the Domain Name.
With the exception of Customer's interests with respect to Customer’s Content and rights to the Domain Name as identified in the previous paragraph, ownership interest to the Website, including, but not limited to the HTML coding, scripting, copyrights, and all other intellectual property rights, shall remain exclusively with Web.com. Upon termination of the Services, should Customer desire to obtain ownership rights to the Website, Customer must obtain express written permission from Web.com and Customer shall further remit a fee to Web.com for the assignment of these rights to the Website. Provided Customer is not in default of the Agreement and Customer is also current with respect to payments owed to Web.com, the fee to be remitted for this assignment will be One Thousand Dollars ($1,000.00). This assignment to Customer of ownership rights to the Website shall be limited to the actual portions of the Website visible on the Internet and its underlying HTML coding as developed specifically for Customer by Web.com, and shall be sent to Customer via compact disc within thirty (30) days of remitting payment, but this assignment shall not include any rights to Web.com's software, trade secrets, methodologies, processes, proprietary functions, know-how, and all intellectual property including, but not limited to, all copyrights, trademarks, patents, and trade secrets related to Web.com's products or services, which shall remain the sole and exclusive property of Web.com and its respective suppliers, affiliates, partners, and/or licensors. For all images that are part of the Website and assigned to Customer hereunder, Customer is granted permission to only use those images in the manner in which it is provided to Customer by Web.com (i.e. embedded in the Website) and no other use of the images is permitted whatsoever. Moreover, upon assignment Web.com does not warrant the portability or functionality of the Website in any way to or on any platform, hosting or otherwise, that is not provided by Web.com. Following the termination of the Services, provided such termination occurs after the initial thirty (30) days following the launch of the Website (i.e. 30 days after the Website goes live), and provided Customer is not otherwise in breach of the Agreement, Customer will retain their rights to the Domain Name. If Customer cancels their Services within the first thirty (30) days following the launch of the Website, Customer acknowledges and agrees that Web.com and/or an entity designated by Web.com will retain rights to the Domain Name, unless Customer had provided the Domain Name themselves for use with the Services. Furthermore, in any instance where Customer retains rights to the Domain Name following termination of the Services, Customer will be responsible for all fees, costs and claims related thereto, whereby the registration of Domain Name, and any ancillary Domain Name related services (such a private registration) must be renewed prior to expiration at the then-current rates to prevent such services from expiring.