Accessing any 488 web design llc designed or maintained Website.
11 October 2009.
forth the standards of use of the 488 Web Design LLC
Online Service. By purchasing a design and or
maintenance from 488 Web Design LLC or using any website
designed by 488 Web Design LLC you (the “Member”) agree
to these terms and conditions. If you do not agree to
the terms and conditions of this agreement, you should
immediately cease all usage of 488 Web Design services
and or this
website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this
agreement without prior notice.
shall become effective immediately upon being posted at
any website designed by 488 Web Design LLC.
Your continued use of the Service after
amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may
not be amended.
Description of Service
488 Web Design LLC is providing Member with website.
Member must provide (1)
all equipment necessary for their own Internet
connection, including computer and modem and (2) provide
for Member’s access to the Internet, and (3) pay any
fees relate with such connection.
The site is provided by 488 Web Design LLC on an “as is”
and on an “as available” basis.
To the fullest extent permitted by applicable
law, 488 Web Design LLC makes no representations or
warranties of any kind, express or implied, regarding
the use or the results of these websites in terms of its
correctness, accuracy, reliability, or otherwise.
488 Web Design LLC shall have no liability for
any interruptions in the use of this Website.
488 Web Design LLC disclaims all warranties with
regard to the information provided, including the
implied warranties of merchantability and fitness for a
particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced
exclusion is inapplicable.
Limitation of Liability
488 WEB DESIGN LLC SHALL NOT be liable for any damages
whatsoever, and in particular 488 Web Design LLC shall
not be liable for any special, indirect, consequential,
or incidental damages, or damages for lost profits, loss
of revenue, or loss of use, arising out of or related to
this web site or the information contained in it,
whether such damages arise in contract, negligence,
tort, under statute, in equity, at law, or otherwise,
even if 488 Web Design LLC has been advised of the
possibility of such damages. SOME JURISDICTIONS DO NOT
ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold 488 Web Design LLC, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys’ fees and costs, made by any third party
due to or arising out of Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or any other right of any person
Modifications and Interruption to Service
488 Web Design LLC reserves the right to modify or discontinue the Service with
or without notice to the Member. 488 Web Design LLC shall not be liable to
Member or any third party should 488 Web Design LLC exercise its right to modify
or discontinue the Service. Member acknowledges and accepts that 488 Web Design
LLC does not guarantee continuous, uninterrupted or secure access to our website
and operation of our website may be interfered with or adversely affected by
numerous factors or circumstances outside of our control.
Our websites may include links to other sites on the
Internet that are owned and operated by online merchants
and other third parties.
You acknowledge that we are not responsible for
the availability of, or the content located on or
through, any third-party site.
You should contact the site administrator or
webmaster for those third-party sites if you have any
concerns regarding such links or the content located on
Your use of those third-party sites is subject to the
are not responsible therein. We encourage all Members to
review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of
Product specifications and other
information have either been provided by the Vendors or
collected from publicly available sources.
While 488 Web Design LLC makes every effort to
ensure that the information on this website is accurate,
we can make no representations or warranties as to the
accuracy or reliability of any information provided on
488 Web Design LLC makes no warranties or representations whatsoever with regard
to any product provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any Vendor shall be at
your own risk.
Governing Jurisdiction of the
Our website is operated and provided in the State of Ohio.
As such, we are subject to the laws of the State
without giving effect to any choice of law rules.
We make no representation that our website or
other services are appropriate, legal or available for
use in other locations.
Accordingly, if you choose to access our site you
agree to do so subject to the internal laws of the State
Compliance with Laws
Member assumes all knowledge of
applicable law and is responsible for compliance with
any such laws.
Member may not use the Service in any way that
violates applicable state, federal, or international
laws, regulations or other government requirements.
Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or
international law or regulation.
Copyright and Trademark
All content included or available on all 488 Web Design
LLC designed and maintained sites, including site
design, text, graphics, interfaces, and the selection
and arrangements thereof is ©2007 488 Web Design LLC,
with all rights reserved, or is the property of 488 Web
Design LLC and/or third parties protected by
intellectual property rights.
Any use of materials on the website, including
reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of
data extraction or data mining, or other commercial
exploitation of any kind, without prior written
permission of an authorized officer of 488 Web Design
LLC is strictly prohibited.
Members agree that they will not use any robot,
spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained
therein without prior written permission of an
authorized officer of 488 Web Design LLC.
488 Web Design LLC™ and 488WebDesign.com™ are
proprietary marks of 488 Web Design LLC.
488 Web Design LLC’s trademarks may not be used
in connection with any product or service that is not
provided by 488 Web Design LLC, in any manner that is
likely to cause confusion among customers, or in any
manner that disparages or discredits 488 Web Design LLC.
All other trademarks displayed on 488 Web Design LLC’s
website are the trademarks of their respective owners,
and constitute neither an endorsement nor a
recommendation of those Vendors.
In addition, such use of trademarks or links to
the web sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or
have any affiliation with 488 Web Design LLC.
Notification of Claimed Copyright
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, 488 Web Design LLC designates the following
individual as its agent for receipt of notifications of claimed copyright
360 Fairway Dr
Springboro OH 45066
By Email: firstname.lastname@example.org
unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall
remain valid and enforceable to the maximum possible
agreements referenced herein may be assigned by 488 Web
Design LLC, in our sole discretion, to a third party in
the event of a merger or acquisition.
addition to, and shall not be superseded by, any other
written agreement between us in relation to your
participation as a Member.
Agreement, Member is consenting to the use and
disclosure of their personally identifiable information
488 Web Design, LLC Website
|This document was
last updated on 11 October 2009.
1. Acknowledgment and
acceptance of terms
|488 Web Design, LLC is committed to protecting your privacy.
This Privacy Statement sets forth our current privacy practices
with regard to the information we collect when you or your
computer interact with our website.
By accessing ANY WEBSITE DESIGNED BY 488 WEB DESIGN LLC,
you acknowledge and fully understand 488 Web Design, LLC’s
Privacy Statement and freely consent to the information
collection and use practices described in this Website Privacy
Participating Merchant Policies
|Related services and offerings with links from this website,
including vendor sites, have their own privacy statements that
can be viewed by clicking on the corresponding links within each
respective website. Online merchants and others who participate
in 488 Web Design, LLC services are encouraged to participate in
industry privacy initiatives and to take a responsible attitude
towards consumer privacy.
However, since we do not have direct control over the
policies or practices of participating merchants and other third
parties, we are not responsible for the privacy practices or
contents of those sites.
We recommend and encourage that you always review the
privacy policies of merchants and other third parties before you
provide any personal information or complete any transaction
with such parties.
Information We Collect and
How We Use It
|488 Web Design, LLC collects certain
information from and about its users three ways: directly from
our Web Server logs, the user, and with Cookies.
|When you visit our
Website, we may track information to administer the site and
analyze its usage. Examples of information we may track include:
- Your Internet protocol address.
- The kind of browser or computer you use.
- Number of links you click within the site.
- State or country from which you accessed the site.
- Date and time of your visit.
- Name of your Internet service provider.
- Web page you linked to our site from.
- Pages you viewed on the site.
your user experience.
A cookie is a small text file that is placed on your hard
disk by a Web page server.
Cookies cannot be used to run programs or deliver viruses
to your computer.
Cookies are uniquely assigned to you, and can only be read by a
Web Server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a
convenience feature to save you time.
For example, if you personalize a web page, or navigate
within a site, a cookie helps the site to recall your specific
information on subsequent visits.
Hence, this simplifies the process of delivering relevant
content and eases site navigation by providing and saving your
preferences and login information as well as providing
488 Web Design,
LLC reserves the right to share aggregated site statistics with
partner companies, but does not allow other companies to place
cookies on our website unless there is a temporary, overriding
customer value (such as merging into 488 Web Design, LLC.com a
site that relies on third-party cookies).
You have the ability to accept or decline cookies.
Most Web browsers automatically accept cookies, but you
can usually modify your browser setting to decline cookies. If
you reject cookies by changing your browser settings then be
aware that this may disable some of the functionality on our
c. Personal Information
|Visitors to our website can register to purchase services.
When you register, we will request some personal
information such as name, address, email, telephone number or
facsimile number, account number and other relevant information.
If you are purchasing a service, we will request
Any financial information we collect is used only to bill
you for the services you purchased.
If you purchase by credit card, this information may be
forwarded to your credit card provider. For other types of
registrations, we will ask for the relevant information. You may
also be asked to disclose personal information to us so that we
can provide assistance and information to you. For example, such
data may be warranted in order to provide online technical
support and troubleshooting.
|We will not
disclose personally identifiable information we collect from you
to third parties without your permission except to the extent
- To fulfill
your service requests for services.
- To protect
ourselves from liability,
- To respond
to legal process or comply with law, or
connection with a merger, acquisition, or liquidation of the
Use of Web Beacons or GIF
488 Web Design LLC Web pages may contain electronic images known
as Web beacons – sometimes also called single-pixel gifs – that
allow 488 Web Design, LLC to count users who have visited those
pages and to deliver co-branded services.
488 Web Design, LLC may include Web beacons in
promotional e-mail messages or newsletters in order to determine
whether messages have been opened and acted upon.
Some of these Web beacons may be placed by third party service
providers to help determine the effectiveness of our advertising
campaigns or email communications.
These Web beacons may be used by these service providers
to place a persistent cookie on your computer.
This allows the service provider to recognize your
computer each time you visit certain pages or emails and compile
anonymous information in relation to those page views, which in
turn enables us and our service providers to learn which
advertisements and emails bring you to our website and how you
use the site. 488
Web Design, LLC prohibits Web beacons from being used to collect
or access your personal information.
5. Accessing Web Account
|We will provide you with the means to ensure that personally
identifiable information in your web account file is correct and
current. You may
review this information by contacting us by sending an email to
our support attendant -- INFO@488WEBDESIGN.COM.
Changes to this Statement
|488 Web Design, LLC has the discretion to occasionally update
this privacy statement.
When we do, we will also revise the “updated” date at the
top of this Privacy page.
We encourage you to periodically review this privacy
statement to stay informed about how we are helping to protect
the personal information we collect.
Your continued use of the service constitutes your
agreement to this privacy statement and any updates.
If you have questions regarding our Privacy Statement, its
implementation, failure to adhere to this Privacy Statement
and/or our general practices, please contact us.
|488 Web Design,
LLC will use commercially reasonable efforts to promptly respond
and resolve any problem or question.
1. BUILD FEE: Half of the
agreed upon build fee is required prior to initiating
2. INVOICES: All invoices will be sent the first
week of the month via email. It is the customers
responsibility to ensure 488 Web Design llc has the
correct email address. If you change the email
address you have designated as your primary billing
address please notify us prior to the end of the month
changed. Failure to receive the invoice is not a
valid reason for being delinquent.
3. DUE DATE: Monthly, quarterly and annual
maintenance fees are due on the 15th of the month the
4. DELINQUENT ACCOUNTS: Accounts are considered
delinquent when payment is not received by the end of
the calendar month that the invoice originated.
5. SUSPENDED ACCOUNTS: Accounts that are 30 days
delinquent in payment will no longer be updated.
Accounts that are 60 days delinquent will be suspended.
6. CLOSED ACCOUNTS: Accounts that are 90 days
delinquent will be closed and the domain will be
auctioned to recover our losses.
1. WEBSITE DESIGN: 488 Web Design llc maintains all rights to websites
designed for our customers. All images,
information, data, video provided by the customer
remains their property but the creative design of the
website will always remain with 488 Web Design llc.
2. CUSTOMER SHIFT: If 488 Web Design llc or
the customer decide to dissolve their business
relationship the domain will remain the property of the
customer, unless the account is delinquent, suspended or
closed. 488 Web Design will approve transfer
initiated by the customer or their new designer if the
account is in good standing.
3. DESIGN UNIQUENESS: All website designs
belong to 488 Web Design and as a customer you agree to
not hire another firm to build a similar site in terms
of style, color scheme etc. At no time is another
designer authorized to copy or mirror a 488 Web Design.
4. PHOTOS: As the website owner you are
responsible for ensuring all photos submitted to 488 Web
Design llc have been legitimately sourced. We
support the rights of photographers and expect our
customers to provide only images that they have
authorization to use. We will not be held
responsible, you the customer will be held accountable,
for photographs sent to us for use that were gained