“Yesterday, Brian Burke answered some of the biggest questions about the new requirements for digital downloads on the eBay Chatter blog. Probably the best news from this blog post was that Brian says that custom services like auction template designs and store designs do NOT fall under these new guidelines for digital downloads.

This is because website designs are considered custom services because the buyer and seller work together to design and implement the template. He did say that a Single template page even if you could customize the color or “insert your name here”, would not be considered custom services and would be required to be listed in the Classified Ads format.”

He noted only web site design does not fall under this new guideline. I believe that refers to designs for a .com ONLY.
Individual template designs and custom template designs for ebay & ebay stores still sound like they are still part of the new policy. Notice how he pointed out individual template vs web site design. He did not state ebay store design or ebay template design.

Feel free to drop me an email if you believe I have interpreted correctly.
Thanks!

Not everything is covered obviously but I believe I did get the gist of it all.