If there isn't enough notification, perhaps WinCusomize/XPThemes should refer to Deviantart's submission agreement ( http://www.deviantart.com/policy/submission/ ), which has gone to great lengths to prepare the uploader for many, many unforseen options. Here is part of one section of their upload agreement, I have added line breaks for easier reading *cough*:
3. License to Use Artist Materials.
Artist hereby grants to deviantART a worldwide, royalty-free non-exclusive license to do the following things during the Term:
a) to prepare and encode Artist Materials, or any portion thereof for digital transmission, manipulation and exhibition in any format and by any means now known or hereafter devised;
(b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital), and electronically publish any or all of the Artist Materials, including any portion thereof, and to include them in compilations for such purposes, by any and all means and media now known or hereafter devised (for avoidance of doubt, the rights granted to deviantART hereunder include the rights to make Artist Materials available on deviantART Site(s) and/or third-party websites);
(c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size); and
(d) the right to sublicense to any third party the Artist Materials or any part or element thereof subject to the terms and conditions of this Agreement. Artist hereby disclaims any and all right, title, or interest in any and all material with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated. As used in this Agreement, the term "Artist Materials" means Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical or textual materials that Artist uploads to deviantART, and any and all "skins," computer-generated images or other artwork or images that Artist submits to deviantART.
Perhaps Wincustomize has failed a bit in the notification, bur Devart has reserved the right to do the same thing (and perhaps much, much more...). Deskmod has similar statements as well. As skin sites spin-off derivative, more overtly for-profit sites, this will become a larger issue. I had to ponder really, really hard before I uploaded to Devart based upon both the text above and under the 'names and likenesses' section. Anyone who hasn't read the upload agreements on *all* sites, should.
P.S.
Regardless, I am cool with both sites, or I wouldn't have uploaded to either of them. I have to say, though, I am almost more comfortable with sites that allow me the luxury of legal recourse, than those who build their submission agreement so dense and exhaustive that there is no hope for the average person (much less the average 14 year old) to comprehend what rights remain.
WinCustomize Forums
. It looks crappy. The posts do not have descriptions or anything. I am glad the ratings are not there but where are the comments? 
