It is the purpose of these Terms to develop an understanding between all parties and to create a healthy working relationship which benefits both Site48.com and the Client.

The Service

Site48 will design and construct a web page for you (the “Client”) according to the Client's specifications as set forth in a Client Order to be completed and submitted to Site48 by Client and subject to these Terms. The signed Client Order indicates agreement to these Terms. Upon fulfillment of the Client Order, Site48 will upload the site to the internet or the Client may take the finished website to a host of his choice

Right to Refuse Orders

Site48 will not design web page(s) containing "adult content,” promoting violence of any kind, including an intolerance for race, lifestyle, or faith, or that constitutes harassment, defamation, libel, slander, or promotes the commission of any unlawful conduct. Site48 shall have the right to refuse any Client Order without explanation.

Fees

The fees shown are what the client will need to pay. A change in what the client wants may result in additional charges or in delay of construction. The Client’s approval shall always be obtained for any increases in fees or expenses that exceed the original figure.

Changes

The Client shall be responsible for making additional payment for changes requested beyond the scope of the original assignment as agreed to in the Client Order. No additional payment shall be made for changes required to conform to the original assignment description.

Deposit/Payment

A non-refundable $100 deposit is required to begin any work. Full payment is due immediately upon completion of website.

Payment Methods

Site48 accepts a number of payment options including company or personal checks, money orders or major credit cards through Paypal.

Copyrights and Trademarks

The Client represents to Site48.com that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Site48.com for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use them, and will hold harmless, protect, and defend Site48.com from any claim arising from the use of such elements furnished by the client.

Indemnity

Client agrees to indemnify Site48 from any claims, losses, damages, liabilities and expenses (including attorneys' fees) related to the services provided by Site48 to Client, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, or for any content submitted by Client, but excluding those related to the gross negligence or intentional misconduct of Site48.

Privacy & Confidentiality

In connection with the Client Order, each party may have access to commercially or personally valuable technical and non-technical confidential or proprietary information of the other party. This includes all information, whether oral or written, relating to the business of a party that is not generally known to others, including source code and documentation for software, trade secrets, customer lists, pricing strategies, marketing and business plans, information concerning a party's vendors, and a party's contemplated plans, strategies and prospects. Each party acknowledges and agrees that any Confidential Information received from the other party will be the sole property of the other party and may not be used or disclosed except as may be necessary to perform the obligations required under these Terms or as may be required by law. Site48 will not sell information about its Clients to anyone else ever.

Disclaimer.

(a) ALL SERVICES PROVIDED BY SITE48 ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO ACCURACY OF INFORMATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE SERVICES.
(b) SITE48 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH FULFILLMENT OR NON-FULFILLMENT OF A CLIENT ORDER OR WITH RESPECT TO ANY OTHER SERVICES OFFERED BY SITE48, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, EVEN IF SITE48 OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF SITE48 AND ITS SERVICE PROVIDERS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO SITE48 DURING THE PRIOR TWELVE MONTH PERIOD. YOU HEREBY RELEASE SITE48 AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
(c) SITE48 DOES NOT REPRESENT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND NEITHER SITE48 NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE FOR ANY COMMUNICATIONS DIFFICULTIES WHICH COULD LEAD TO THE INTERRUPTION AND OR DELIVERY OF ANY OF THE SERVICES OFFERED BY SITE48; NOR DOES SITE48 OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF ANY OF THE SERVICES OFFERED BY SITE48.
(d) YOU SPECIFICALLY AGREE THAT SITE48 SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY SITE48 SERVICE. YOU SPECIFICALLY AGREE THAT SITE48 IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SITE48 IS NOT RESPONSIBLE FOR ANY CONTENT SENT BY ANY THIRD PARTY.