Supplemental License and Terms Of Service

Homestead Technologies Design Services and Search Engine Optimization Services
Supplemental License and Terms of Service

This agreement ("Agreement") is between the below-named Member ("Member" or "You" or "Customer") and Homestead Technologies Inc., an Intuit Company ("Homestead").

WHEREAS, Homestead develops products and services, including but not limited to Homestead Web Sites, for which Member registers and which are provided by or through any web site or co-branded web site owned or controlled by Homestead Technologies Inc., or any successor web sites (collectively, the "Service"). Homestead may provide additional design services to Member subject to the terms and conditions as further described in this Agreement ("Design Services"). By clicking "I AGREE," you indicate that you understand and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights in the Service, and you will not be able to access or use the Service. Your payment for and continued use of the Services constitutes your continued acceptance of these terms. If at any time you do not agree with the terms of the Agreement, you may no longer use these Services and you must notify Intuit to cancel Services.

WHEREAS, Member has agreed to the terms and conditions of the Intuit Terms of Service and now wishes to engage Homestead for additional Design Services and/or Search Engine Optimization (SEO) Subscription Services. The terms of this Agreement supplement the Terms of Service, which remain in full force and effect.

1. Definitions. In addition to all other terms defined herein, the following terms shall have the following meanings:

Content Updates means additions, deletions, changes made to text, placement of graphics, hypertext links, or other visual modifications that affect a single specific web page and are not part of the overall site design across multiple pages, or affect basic functionality provided as part of the site design.
Copywriting means the authoring of textual content by Homestead based on verbal and written input from the Member.
Design Updates means changes made to the site design that impact multiple pages on the site, including site and page layouts, headers and graphics, logos, including functionality related to basic site navigation, menus, categories, and any other inherent capabilities of the site design that affect use of the site.
Grammar checking means review and updates made to textual content, at Homestead’s discretion, based on generally accepted English language standards. Grammar checking does not apply to words or text embedded in graphics.
Graphics and Photos means image files supplied by Member in JPG or GIF format that Member asserts they have full rights to use as part of their project per the terms of this Agreement.
Keyword means a phrase consisting of one or more words that is anticipated to be used by the general public to find your web site on commonly used search engines and that meets specific criteria as established by Homestead in terms of search volume, relevancy to your business and target market, and suitability for optimizing your site based on competition among other web sites and content of your site.
Mockup means an initial, non-final graphic depiction of one (1) initial page of a Member web site as designed by Homestead.
Order Summary means the description of services, features of your site, and any other terms as outlined by Homestead during the sales process for the design of your site, as documented in the Homestead sales system\
Site Buildout means the completion of the Member’s site per the Design Services project including making the site visible on the Internet.
Spell Checking means review and corrections made to the spelling of words in textual content supplied by customer based on a standard American English Language dictionary. Does not apply to words embedded in graphics.
Service Offering means the description of features and included items as described on the Homestead.com website, under the "Let us design your site" pricing page, as of the time the customer order is placed, or alternatively services presented and outlined by an authorized Homestead customer service representative via phone and/or email.

Some services referenced within this Agreement may be available during limited times only, and may not be available as a Service offering at the time of purchase of other services.

2. Design Services

Homestead will provide Member with Design Services as further described on the most current Order Summary provided to Member incorporated by reference herein. Member understands and agrees that Homestead will provide the Design Services solely in accordance with the information provided by Member in communications sent by member via email, online communication via the Homestead site, and/or subsequent telephone interviews.

2.1 Design Services QuickStart Packages. Unless otherwise specified on the most current Order Summary or the current Service Offering, all Design Services QuickStart Packages include the following:

Up to five (5) pages that follow the agreed upon design layout for the site.
Up to ten (10) photos and other graphic images electronically supplied by Member (up to an average of three (3) included per page) in Homestead-approved formats, which will be incorporated into the Member site as part of the Design Services. This applies to web site services only – Storefront services may have different terms and limitations.
Initial phone consultation with a design consultant for up to thirty (30) minutes for the purposes of (1) understanding the Member’s business and web site objectives to direct the design approach to be used by Homestead, and (2) further defining the options provided by Homestead for Design Services to properly scope the Members design and set expectations on the final delivered service.
A web-based, group training class (or suitable alternative to be determined at the discretion of Homestead) on the use of SiteBuilder and SiteBuilder Lite to enable a customer to maintain and update their final designed site. This is optional and a Member may choose to either opt out of this training and/or purchase additional training per standard packages available on the Homestead site.
Text electronically supplied by the client may be subject to additional fees depending on the amount of formatting that may be required. Faxed text will be accepted at the rate of twenty-five dollars ($25.00) per page, up to seven hundred (700) words per page. Unless otherwise specified in the current Order Summary, Homestead will not provide Copywriting as part of the Design Services. Homestead will perform basic formatting, Spell Checking, and Grammar checking on customer-supplied text if specified in the Service Offering on the Homestead site at the time of the Member Order, or if specified in the Order Summary.
The Member will have one (1) revision cycle in which Member will receive a Mockup (provided in Homestead-approved format) of the proposed main web site page from Homestead, and have an opportunity within five (5) business days to approve the Mockup or submit requested changes for Content or Design Updates via an online form or other electronic means specified by Homestead. These changes will be incorporated into the Member’s design prior to the Site Buildout.

2.2 Design Services Deluxe Packages. Unless otherwise specified on the most current Order Summary, all Design Services Deluxe Packages include the following:

Up to ten (10) pages that follow the agreed upon design layout for the site.
Up to thirty (30) photos and other graphic images, in Homestead approved formats, electronically supplied by client (up to an average of three (3) included per page) will be incorporated into the Member site as part of the Design Service for web site services. Graphic images supplied in other formats may be subject to additional conversion charges from Homestead.
Initial phone consultation with a design consultant for up to sixty (60) minutes for the purposes of (1) understanding the Member’s business and web site objectives to direct the design approach to be used by Homestead, and (2) further defining the options provided by Homestead for Design Services to properly scope the Member’s design and set expectations on the final delivered service.
A private, phone and internet-based training session with the Member on SiteBuilder and SiteBuilder Lite to enable a customer to maintain and update their final designed site. At Homestead’s sole discretion this Internet-based training may be specific to the Member’s site and actual content or may cover the general tools and services that may be used by Members for updating their site.
The Member will have one (1) revision cycle in which they will receive a Mockup of the proposed main web site page from Homestead, have an opportunity within five (5) business days to approve or submit requested changes for Content or Design Updates via a Member-scheduled thirty (30) minute phone-based consultation, or via an online form or other electronic means specified by Homestead. These changes will be incorporated into the Member’s design prior to the Site Buildout.
Homestead will provide up to thirty (30) consecutive calendar days of Content Updates to the Member beginning with the date the customer is notified of the Site Buildout being completed. These Content Updates must be submitted via an online form or other electronic means specified by Homestead throughout the 30-day period.
Updates covered during the thirty- (30) day update period are limited to:
- Content Updates, defined herein and as text or graphical changes limited to a single page and not considered part of the site design which impacts multiple pages. Design Updates are not included as part of this update period, but Member may purchase additional Design Update enhancements during or after this period.
- This update period does not provide for changes to the site design which were agreed to during the revision cycle, including default layouts governing the look-and-feel of multiple pages, and functionality changes beyond the look-and-feel of specific text or placement of graphical images on specific pages of the site.
- Homestead reserves the right to limit Members to no more than ten (10) specifically identified Content Updates during this period.
During the 30-day free update period, Members are entitled to two (2) additional thirty- (30) minute consultations with a design consultant to discuss potential changes to the site, general content and design discussion, and in general may use this consultation to discuss any aspect of the Member’s site, Homestead services and products, and guidance on future updates to the Member’s site.
- This consultation may be used to identify specific content changes the Member wishes to make, and upon confirmation from the Design Consultant, these changes will be incorporated into the Member’s site.
- Any requested Design Updates discussed during these consultations will be quoted at the then current Homestead enhancement rates as additional enhancements not included in the scope of Content Updates.

2.3 Storefront Packages. All Storefront Packages include the following:

Store template
The addition of up to five (5) products to the site by Homestead as part of the site creation for Deluxe Packages, and up to two (2) products for QuickStart packages, provided the information is provided prior to the Site Buildout.
Default store pages: Home, About Us, Customer Service, Policies, Privacy Statement, FAQ, and Store Locations.
Any additional pages at a cost of twenty-five dollars ($25) per page. Any such pages may be coded in HTML, or set up with SiteBuilder, if Member already has an existing Homestead website.
Training to add products. Member may elect to have Homestead add additional products to the Storefront at one-time cost of two dollars ($2.00) per product. Member must provide a completed product entry spreadsheet along with the product images in Homestead-approved formats. Graphic images supplied in other formats not approved by Homestead may be subject to additional conversion charges from Homestead.

2.4 Design Services Member Responsibilities

Member acknowledges and agrees that:

The setup and other fees applicable to the Design Service and Update Service are non-refundable once development work has commenced.
YOU ARE RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. HOMESTEAD WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES.
You understand that Homestead may not maintain copies of files or documents that are sent by You and that You are solely responsible for backing up this data.
You understand and agree that Homestead's performance under this Agreement is dependent upon the timely and satisfactory performance of Your responsibilities. In the event that Homestead is unable or delayed in performing its responsibilities as a result of Your delays or failures, Homestead may take specific actions including project cancellation, automatically approving the initial design as displayed in the Mockup, building out a site without Your Mockup approval, or assessing charges related to missed appointments or other unmet responsibilities.
If this Agreement is not accepted by You within twenty-one (21) consecutive calendar days of your initial Design Services order, your project will be canceled and a full refund will be issued, less any previous fees related to missed or rescheduled appointments.
Homestead will not proceed with consultations or any other aspect of Your design service project until this Agreement has been accepted by You.
If You have not attended the initial design consultation (provided via phone) within thirty (30) calendar days or if a Design Services project is not completed within forty-five (45) days of your initial Design Services order , your project will be canceled and a full refund will be issued less any previous fees related to missed or rescheduled appointments.
Assets such as content, Graphics and Photos that are identified during the initial purchase of the Design Service package, or during the initial design consultation, must be supplied to Homestead via their website no later than five (5) business days following the initial consultation. If these assets are not received within this timeframe, Homestead will use placeholders and/or stock photos, at their discretion, to build the Mockup of the site.
All Mockups must be approved, or alternatively have revisions provided to Homestead, within five (5) business days of the Mockup being sent to You. If approval or revisions are not received by Homestead within five (5) business days Homestead will proceed to implement the Site Buildout. No revisions will be accepted past Site Buildout except as specified in this Agreement.
Training for Design Service QuickStart package is a free and optional addition included in this service and Site Buildout will occur whether You attend the training or not. You may attend QuickStart training any time up to ninety (90) days after the Site Buildout is completed.
Homestead reserves the right to implement Your Design Services Deluxe Site Buildout in advance of You scheduling or attending your private training. You may attend Design Services Deluxe private training any time up to ninety (90) days after Site Buildout.
You understand the distinction between Content Updates and Design Updates as defined within this Agreement.

2.5 Design Services Fees and Cancellation

You agree to pay the total fees, which shall mean the sum of either the QuickStart or Deluxe Design Services Package fee and any additional fees provided to You by Homestead via phone, email or other communication methods and included on the most current Order Summary. Homestead shall charge 100% of the fee prior to the commencement of any Design Services.
If you miss a scheduled consultation appointment, You have the option to schedule a makeup appointment, however upon two (2) missed appointments You may be charged a reschedule fee of $35.00. Homestead will provide email notification of this charge being assessed.
If You purchased Design Services through a promotional offer package, any refunds shall be calculated from the lowest then current list price.
Homestead reserves the right to cancel this Agreement if the initial consultation has not occurred within thirty (30) days of the purchase date, or if a Design Services project is not completed within forty-five (45) days, and will issue a refund, if applicable, according to the above policies.
If You cancel your Design Services project for any or no reason after your orientation is complete, but prior to Site Buildout, (when your mockup is translated into viewable webpages), Homestead may in its sole discretion refund only up to 50% of the Total Fees paid by You for the project. These terms and conditions also apply to terminations by Homestead per the terms permitted under this Agreement.

3. Search Engine Optimization (SEO) Subscription Services

If Member selects the Search Engine Optimization ("SEO") Subscription Service, Homestead will provide Member with SEO Services as further described herein. Member understands and agrees that Homestead will provide the SEO Services solely in accordance with the information provided by Member in communications sent by Member via email, online communication via the Homestead site, and/or subsequent telephone interviews with authorized Homestead representatives.

By proceeding with SEO, Member grants Homestead permission to perform the actions specified in this Agreement on Member’s site, and on Member’s behalf, including submission of Member’s site, and authored articles, to external sites and directories.

While Homestead will consult with Member on Keyword selection, Homestead reserves the right to select the final Keywords chosen for optimization based on its expertise and generally accepted industry practices. If Member does not agree with the selected Keywords Member may terminate the SEO service in accordance with the terms of this Agreement.

Through the Search Engine Optimization service, we try to improve search engine ranking on at least one of the following search engines: Google, Yahoo, Windows Live/Bing, Ask.com, All the Web, and Altavista (U.S. versions only) for one of the selected Keywords. We do not control search engines in terms of how they rank sites or how fast a site is indexed, and any improvements in search engine ranking resulting from SEO may take months.

Unless otherwise specified on the most current Order Summary, all SEO packages include the following initial setup:

Initial phone consultation with an SEO consultant for up to thirty (30) minutes for the purposes of (1) understanding the Member’s business and web site objectives to direct the SEO approach to be used by Homestead, and (2) further defining the options provided by Homestead for SEO to properly assess Keyword selection and set expectations on the final delivered service.
Professional analysis of Keyword possibilities with final recommendations and approval of Keyword chosen for optimization based on generally accepted industry practices.
Optimization of content and relevant HTML tags on up to three (3) pages for three (3) Keyword phrases, either directly or by providing explicit instructions to Member to effect the changes (current service level agreement will specify which option is included).
Generation and posting of a sitemap used by many search engines to read a site.
Writing or editing an article to submit to outside sites.
Submission of your site to major and secondary search engines.
Bi-weekly search engine ranking reports, sent by email.
A phone and internet-based training session with the Member about making changes to Member’s site on an ongoing basis relative to Search Engine performance.

3.1 Search Engine Optimization Subscription packages include up to 60 minutes per month of monitoring a Member’s current ranking, providing monthly reports to the Member on performance of the site relative to rankings and traffic, and maintaining and/or continuing improvement of rankings after the initial setup. Work required each month will vary, will be solely at Homestead’s discretion and will be specific to each site, based on the current status of Member’s search engine ranking. This SEO service may include the following activities:

Analysis of current ranking across most frequently used search engines
Adjustment of Keywords and related content to maintain/improve rankings
Editing of site content to further refine focus on Keyword related content
Additional site/link submissions to external sites relevant to Member’s business or area of expertise
Addition of reciprocal links to a Member site in specific cases where external sites are relevant to Member’s business.

Homestead may perform some or all of the services referenced above with the objective of improved search engine ranking, however Homestead does not guarantee any specific improvements or search optimization during the term of Member’s subscription.

3.2 Search Engine Optimization Member Responsibilities

The setup and other fees applicable to the Design Service and Update Service are non-refundable once development work has commenced.
YOU ARE RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. HOMESTEAD, ITS AFFILIATED ENTITIES, AND ITS SUPPLIERS WILL NOT BE HELD RESPONSIBLE FOR INACCURATE, INCOMPLETE, OR INAPPROPRIATE INFORMATION ON YOUR WEBSITE AND ANY RELATED POTENTIAL DAMAGES.
You understand that Homestead design team may not maintain copies of files or documents that are sent by You and that You are solely responsible for maintaining copies of this data.
You understand and agree that Homestead's performance under this Agreement is dependent upon the timely and satisfactory performance of Your responsibilities, including:
- Required third party account creation and submission of credentials to Homestead representatives
- Updates to your site per specific instructions from Homestead
- Submission of information about your business to Homestead as requested
- Specific actions to be taken on third-party sites at the request of Homestead
In the event that Homestead is unable or delayed in performing its responsibilities as a result of Your delays or failures, Homestead may take specific actions including project cancellation, automatically approving the Keywords in Homestead’s sole discretion, building out a site with modified content without Your approval, and assessing charges related to missed appointments or other unmet responsibilities.
If this Agreement is not accepted by You within twenty-one (21) consecutive calendar days of your initial SEO order, your project will be canceled and a full refund will be issued less any previous fees related to missed or rescheduled appointments.
Homestead will not proceed with consultations or any other aspect of Your SEO project until this Agreement has been accepted by You.
If You have not attended the initial SEO consultation (provided via phone) within thirty (30) calendar days of your initial SEO order, your project will be canceled and a full refund will be issued less any previous fees related to missed or rescheduled appointments.
Content or login information for third-party accounts that are identified during Your initial purchase of the SEO package, or during the initial SEO consultation, must be supplied to Homestead via the Homestead website no later than five (5) business days following the initial consultation. If this information is not received within this timeframe, Homestead may, at its discretion, proceed with optimizing the site or cancel the project and charge a fee of $100. You may resume the service within three (3) months of your original order date and receive a credit for the $100 fee. Additionally, if Homestead proceeds with optimization without the content or login information, Homestead cannot guarantee the results of the SEO service.
If you miss a scheduled consultation appointment, You have the option to schedule a makeup appointment, however upon two (2) missed appointments You may be charged a reschedule fee of $35.00. Homestead will provide email notification of this charge being assessed.
Homestead may provide the opportunity for You to review the selected Keyword(s), edits made to your web site content, and any article copy that may be included in your SEO package. If your feedback is not received within three (3) business days after Homestead provides You with materials for your review, Homestead will assume approval and proceed with the SEO project. Homestead reserves the right to specify final Keywords for optimization, and Member’s sole remedy in the event of a dispute will be to cancel the project pursuant to this Agreement.

All content and article feedback is limited to errors and omissions notices only, and Member will have the ability to modify Member’s site content after project completion.
You permit Homestead to act on your behalf in submitting your site to major search engines and associated articles to online directories and forums, and use a dedicated email address on your account for the purpose of directory/site confirmations sent by third party sites, all at Homestead’s sole discretion.
You acknowledge and agree that changes to Your site content may affect and limit improvements and optimization by the SEO service.

3.3 Search Engine Optimization Fees and Cancellation Terms

You agree to pay the total fees, which shall mean the sum of the SEO Package fee and any additional fees provided to You by Homestead via phone, email or other communication methods and included on the most current Order Summary. Homestead shall charge 100% of the service fee prior to the commencement of any Search Engine Optimization Service.
If You fail to attend a scheduled consultation appointment without providing at least twenty-four (24) hours notice and do not reschedule, Homestead shall charge You a fee of $35.00. Homestead will provide email notification of this charge being assessed.
If you miss a scheduled consultation appointment, You have the option to reschedule an appointment without additional charges (notwithstanding any no-show fees). Homestead will provide voicemail notification of this charge being assessed.
Homestead reserves the right to cancel this Agreement if the initial consultation has not occurred within thirty (30) days of the purchase date, or if an SEO project is not completed within forty-five (45) days, and will issue a refund, if applicable, according to the terms of this Agreement.
If your service is cancelled prior to your SEO Consultation, or terminated within five (5) days of your Consultation, whichever occurs sooner, you will be eligible for a full refund of your purchase price, less any fees related to missed or rescheduled appointments.
- If you cancel the service, for any or no reason (including disputing Keyword selection), after your SEO Consultation has taken place, we will charge a $35 fee.
If you cancel at any time following five (5) days after your SEO initial consultation, you will not be eligible for a refund.

4. Rights and Licenses

(a) Right to Website

With the exception of any Third-Party Materials and Background Technology as defined in this Section 7, You own the website and Your Content. "Your Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by You to Homestead. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than Homestead, and licensed by Homestead or generally available to the public, including You, under published licensing terms, and that Homestead will use in the development of or to display or run a website. The graphics utilized on Your site from Homestead's graphics library may be licensed from third-party suppliers. Homestead provides You a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement.

(b) Limited License to Background Technology

"Background Technology" means computer programming/formatting code or operating instructions developed by or for Homestead and used to create any portion of a website or used to operate the website or a Web server in connection with a website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, website templates, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form, dynamically driven, or provided in any other format. Background Technology does not include any of Your Content or any derivatives, improvements, or modifications of Your Content. Subject to the terms and conditions of this Agreement, Homestead hereby grants You a non-exclusive license, limited to the term of your subscription, to copy, distribute, transmit, display and perform the Background Technology that is incorporated into a website, in whole or in part, solely as necessary for You to operate, maintain, and make the website available in the normal course of Your business. You may not duplicate or distribute any Background Technology to any third party without the prior written consent of Homestead. All rights to the Background Technology not expressly granted to You hereunder are retained by Homestead. Without limiting the foregoing, You agree not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

(c) Limited License to Content

You hereby grant to Homestead the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit website, any of Your Content, or any of Your Marks provided to Homestead hereunder, solely for the purpose of rendering the Design Service under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.

(d) License to Website Design

Member grants to Homestead an exclusive, worldwide, sublicenseable, assignable, royalty-free, perpetual, irrevocable, fully paid-up license to use, reproduce, distribute, create derivative works of, publicly display, digitally perform, make, have made, sell, offer for sale, and import the Website Design or Website Design features distinct and separate from the Member specific content. Website Design shall mean all HTML files, Java files, graphics files, animation files, data files, technology, scripts, and programs, both in object code and source code form, all documentation, and all other items and information, whether tangible or intangible and in whatever form or media, created, written, conceived, made, or discovered by Homestead or its personnel in connection with the design of the website or portions of a website, contemplated by this Agreement.

August 2009