The following terms and conditions govern all use of the getrocketship.com website and all content, services and products available at or through the website, including, but not limited to, the Rocketship custom design solutions and hosting service, (taken together, the "Service"). The Service is owned and operated by Rocketship, LLC (“Rocketship”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Rocketship’s Privacy Policy) and procedures that may be published from time to time on this Site by Rocketship (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the getrocketship.com website or the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by Rocketship, acceptance is expressly limited to these terms. The Service is available only to human beings who are at least 13 years old.
You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. Your user login may only be used by one person – a single user login may not be shared by multiple people. You may create as many separate user logins for other people according to what is included with your selected plan. You are responsible for maintaining the security of your account, password, and website. One person or legal entity may not maintain more than one free account.
By establishing an account with Rocketship, you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website, including by others who have logins or accounts under your account. Rocketship cannot and will not be liable for any loss, damage, or anything else resulting from your failure to comply with this security obligation. You must immediately notify Rocketship of any unauthorized uses of your website, your account or any other breaches of security. Rocketship will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate a website or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
By using the Service and by submitting Content to the Service for inclusion on your website, you grant Rocketship a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish all or any portion of your website and the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Rocketship will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted an involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Without limiting any of those representations or warranties, Rocketship has the right (though not the obligation) to, in Rocketship’s sole discretion (i) refuse or remove any Content that, in Rocketship’s reasonable opinion, violates any Rocketship policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Rocketship’s sole discretion. Rocketship will have no obligation to provide a refund of any amounts previously paid.
You may only use the Service for lawful purposes. You agree unconditionally not to cause harm to Rocketship or third party equipment, software or processes used in connection with furnishing the Service.
You may not license, sub-license, sell, resell, distribute, or otherwise commercially exploit the Service or make it available to any third party without the express written permission of Rocketship.
You may not reverse engineer or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, graphics, or design elements of the Service, or (iii) copy any ideas, features, functions, graphics, or design elements of the Service. Additionally, except for the provided pre-built design templates and associated resource files, You may not modify the Service in any way or create derivative works based on the Service.
The pre-built design templates and associated resource files provided to you by Rocketship for use with the Service may be modified or used as a starting point for creating a derivative design for your website, but may only be used with the Service and in connection with a valid Rocketship account. You may not use any of the pre-built designs or resource files in any form, whether as originally provided or otherwise modified by You, apart from the Service.
Your bandwidth usage may not exceed the allocated storage space of your plan by more than a factor of ten in any given month. If your bandwidth usage exceeds ten times the amount of storage space allocated to your selected account plan in a month, or significantly exceeds the average bandwidth usage (as determined solely by Rocketship) of other Rocketship customers, we reserve the right to immediately disable your account or restrict access to your website until you can reduce your bandwidth consumption.
You may not send Bulk Mail using email services provided by Rocketship. "Bulk Mail" means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. You may not use a third party other than an authorized Rocketship partner to send Bulk Mail that references an email address used with Rocketship’s email service, or that has a Rocketship email service return email address.
You may not intentionally use your Rocketship email service for the purpose of receiving bulk email from others. For example, you may not submit any email address powered by Rocketship's email service to a "Safelist" or "Free for All" (FFA) list.
Mail messages sent to other users within your domain names hosted on the Rocketship email system are not considered Bulk Mail.
You may not send unsolicited email using Rocketship’s email service. Email is considered unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email.
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting message headers or return addresses.
This Agreement does not transfer from Rocketship to you any Rocketship or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rocketship. The design, visual appearance, underlying code, functionality, and concepts of the Service, as well as the provided pre-built design templates and resource files and any custom design solution created for you by Rocketship, are and remain the exclusive property of Rocketship, copyright© 2007-2011 Rocketship LLC. All rights reserved.
Upon full payment of any and all fees due Rocketship for the custom design solution, Rocketship hereby grants you an exclusive, perpetual and worldwide right and license to use, reproduce, adapt, modify and display the unique visual artwork of the custom design solution (the “Design”) in accordance with the terms and conditions of this Agreement. You may continue using the Design even if you cancel the Service by closing your account. Rocketship LLC, the Rocketship Service, getrocketship.com, launchrocketship.com, the Rocketship logo, and all other trademarks, service marks, graphics and logos used in connection with getrocketship.com, or the Service are trademarks or registered trademarks of Rocketship or Rocketship’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Rocketship or third-party trademarks.
As Rocketship asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by getrocketship.com or the Service violates your copyright, you are encouraged to notify Rocketship in accordance with Rocketship’s Digital Millennium Copyright Act (”DMCA”) Policy. Rocketship will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a customer who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Rocketship or others, Rocketship may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Rocketship will have no obligation to provide a refund of any amounts previously paid to Rocketship.
By selecting any account other than a free account, you agree to pay Rocketship for the monthly subscription fee indicated for that account plan, plus any applicable initial setup fee for custom design and development. A valid credit card is required for all paying accounts. Free accounts are not required to provide credit card information.
Rocketship offers a money-back guarantee on the custom design we produce for you. Upon selecting a custom design solution/package and completing the order signup process, your credit card will be billed the full amount of the initial setup fee for design and development. However, since our ability to keep our costs low depends on an efficient and timely process, the following restrictions apply to all accounts/clients:
However, we do not offer a refund if:
Upon presentation of the initial design mockup, you will have the opportunity to: 1) proceed to finalize the order by accepting the design as-is and without revisions, 2) proceed to finalize the order by accepting the design with the incorporation of your requested revisions, or 3) cancel without further obligation and receive a full refund of any amounts billed to that point. However, no refund will be issued once you agree to accept the design mockup that is presented with or without requested revisions. Requests for revisions are considered as acceptance of the design we present.
Submitting a request for revisions may be done over the phone, through an online form, via an interactive web conference, or by email, and further can be either verbal or written and in response to an employee or representative of Rocketship asking if you require revisions to the initial design mockup.
By selecting and ordering a custom website design solution from Rocketship, you agree to respond to our request for any revisions you would like incorporated into the design within four (4) working days from the time we send you notice that your initial design mockup is ready to view, or you forfeit any money back guarantees or other concessions, and agree to complete any payment that is pre-authorized, pending, or in any form of stasis.
Rocketship offers a free 30-day trial of the website management software for all new paying accounts. Billing will start 30 days after you first sign up. However, if you cancel before the first billing occurs, you won’t be charged a thing.
The first time you are billed will establish your recurring billing date. Billing will then recur every month on the this date until you cancel.
Once you are billed for a month’s service, no refund will be issued (you will have to pay for the entire month – no exceptions will be made). For example, if you are billed on the 5th of every month and you cancel on March 7th, you will still have to pay for the entire current month (March 5th through April 4th in this case). After that you won’t be charged again.
The account owner is responsible for all charges that are incurred.
Submitting a request for revisions may be done over the phone, through an online form, via an interactive web conference, or by email, and further can be either verbal or written and in response to an employee or representative of Rocketship asking if you require revisions to the initial design mockup.
By selecting and ordering a custom website design solution from Rocketship, you agree to respond to our request for any revisions you would like incorporated into the design within two (2) working days from the time we send you notice that your initial design mockup is ready to view, or you forfeit any money back guarantees or other concessions, and agree to complete any payment that is pre-authorized, pending, or in any form of stasis.
The ongoing Service is billed on a monthly basis in advance and is non-refundable. Rocketship offers a free 30-day trial of the Service for all new paying accounts. Technical support is provided only for paying accounts, and only via email or through our support website. Billing for the ongoing Service will start 30 days after you initially establish an account. However, if you cancel before the first billing occurs, you will not be charged. The first time you are billed will establish your recurring billing date. Billing will then recur every month on the this date until you cancel the Service by closing your account. For any upgrade or downgrade in plan level, the credit card that You provided will automatically be charged the new rate on your next billing date. Downgrading your Service may cause the loss of features, functionality, or capacity of your account. Rocketship accepts no liability for any such loss.
Once you are billed for a month’s service, no refund or credit will be issued for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. All fees and payments are exclusive of any and all taxes, levies, tariffs or duties imposed or levied by any government or governing authority. You shall be responsible for payment of all such fees, however designated, levied or based on the Service, its use, or on this Agreement. You, the account owner, are responsible for all charges that are incurred in connection with your account and your use of the Service.
Rocketship has not reviewed, and cannot review, all of the material, including computer software, posted using the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Rocketship does not represent or imply that it endorses the material posted using the Service, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Websites created with and hosted by the Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Websites created with and hosted by the Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Rocketship disclaims any responsibility for any harm resulting from the use by visitors of the Service or websites created with and hosted by the Service, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Service links, and that link to the Service. Rocketship does not have any control over those non-Rocketship websites, and is not responsible for their contents or their use. By linking to a non-Rocketship website, Rocketship does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Rocketship disclaims any responsibility for any harm resulting from your use of non-Rocketship websites.
Rocketship reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Rocketship may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
You may terminate this Agreement and cancel the Service at any time by simply closing your Rocketship account (if you have one). If you wish to cancel the Service, you MUST do so while signed into your Rocketship account through the Account link displayed in the global navigation of the header. Cancellation requests made by email, phone, or any other method of correspondence are not valid and WILL NOT result in closure of your account. You (the Account Owner) are solely responsible for properly canceling the Service by closing your account.
Upon closing your account, your website including all of your Content will be immediately deleted from the Service. This information cannot be recovered once your account is closed. In addition, any DNS records for your custom domain name(s) will also be deleted from the Service, and may affect the availability of your email and other related functions connected to your domain until you change the name servers associated with your domain. Furthermore, you must cease any and all use of the pre-built design templates and resource files provided by Rocketship exclusively for use with the Service. These pre-built designs and resources are the exclusive property of Rocketship and may not be used apart from the Service in any form, whether as originally provided or as modified by You, in whole or in part.
Rocketship, in its sole discretion, may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Such termination of the Service will result in the deactivation or deletion of your account, your access to your account, and the forfeiture and relinquishment of all Content in your account and website. Rocketship reserves the right to refuse service to anyone for any reason at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service is provided on an “as is” and “as available” basis. Rocketship and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Rocketship nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or services through, the Service at your own discretion and risk.
In no event will Rocketship, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Rocketship shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Service will be in strict accordance with the Rocketship Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Rocketship, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation of this Agreement.
This Agreement constitutes the entire understanding and agreement between Rocketship and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Rocketship, or by the posting by Rocketship of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the State of Washington, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Snohomish County, Washington. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement will first be attempted to be resolved without intervention by a third party or any outside action. If a mutually agreeable resolution cannot be reached, the dispute shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Seattle, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Rocketship may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Questions about these Terms of Service should be sent to: legal (at) getrocketship.com
Last Modified on 7/14/11