Terms Of Service
Rocketship Terms of Service
Rocketship Hosting and Digital Marketing programs are a group of recurring services and access to tools, customized for each Rocketship client, provided by Zastrow Consulting. The following terms and conditions govern all use of these services, including, but not limited to, the Rocketship custom design solutions, consulting, web hosting, support, marketing services, and software, (taken together, “Rocketship” or the “Service”), in accordance with and as outlined in your signed Statement of Work (SOW).
Your Account and Website
You will be provided with one user login upon activation of your website. You may request as many other separate user logins for other people as you like, according to what is included with your plan. User accounts beyond what is included in your plan may incur an additional charge. You are responsible for maintaining the security of your account, password, and website.
By establishing a Rocketship account with Zastrow Consulting, you assume the role of “Account Owner” and become solely 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. Zastrow Consulting 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 Zastrow Consulting of any unauthorized uses of your website, your account or any other breaches of security. Zastrow Consulting 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.
Website Hosting SLA
Zastrow Consulting agrees to provide Client with managed website hosting services, consisting of website server space, installed original and third party code and plug-ins, and other related services associated with the display, availability, and management of the Client’s website. Zastrow Consulting reserves the right to make back end improvements and modifications to configuration, tools, plug-ins, specs in a way that does not negatively or materially impact the front end display of the Client’s website without notification. Hosting service changes for which there is a material impact will be communicated via email with 30 days notice prior to the change.
The Rocketship managed hosting service provides the following:
- fast, private server
- 99% minimum uptime
- 24/7 monitoring
- daily backups
- SSL certificate and management
- technical support / ticket management
- essential plug-ins including but not limited to DIVI (visual builder/CMS), Wufoo (forms), Smush, ManageWP
- managed software / plug-in updates
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:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Zastrow Consulting or otherwise.
By using Rocketship tools and by publishing content on your website, you grant Zastrow Consulting 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, Zastrow Consulting 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, and involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Submitting a request for revisions to your website or any of its Content may be done over the phone, through an online form provided at getrocketship.com/support, 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 Zastrow Consulting asking if you require revisions to the initial design mockup or your website at any time following.
Without limiting any of those representations or warranties, Zastrow Consulting has the right (though not the obligation) to, in Zastrow Consulting’s sole discretion (i) refuse or remove any Content that, in Zastrow Consulting’s reasonable opinion, violates any Zastrow Consulting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Rocketship to any individual or entity for any reason, in Zastrow Consulting’s sole discretion. Zastrow Consulting will have no obligation to provide a refund of any amounts previously paid.
You may only use Rocketship for lawful purposes. You agree unconditionally not to cause harm to Zastrow Consulting 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 Zastrow Consulting.
You may not reverse engineer or access Rocketship in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, graphics, or design elements of Rocketship, or (iii) copy any ideas, features, functions, graphics, or design elements of Rocketship. Additionally, except for the design templates and associated resource files provided by Zastrow Consulting to you in connection with your website, You may not modify Rocketship in any way or create derivative works based on Rocketship.
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 account plan in a month, or significantly exceeds the average bandwidth usage (as determined solely by Zastrow Consulting) of other Zastrow Consulting customers, we reserve the right to immediately take any appropriate action (as determined solely by Zastrow Consulting) to ensure the continued, uninterrupted operation of our system. This action may include temporarily disabling your account or restricting access to your website until you can reduce your bandwidth consumption.
You may NOT send Bulk Mail using email services provided by Zastrow Consulting. “Bulk Mail” means email messages of similar content that are sent to more than one hundred (100) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or by any other means will be a violation of this restriction. You may not use a third party other than an authorized Zastrow Consulting 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 provided by Rocketship 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.
Upon full payment of any and all fees due Zastrow Consulting for the design and setup of your website (the “Setup Fee”), plus all fees payable for the ongoing Service, Zastrow Consulting hereby grants you an exclusive, perpetual and worldwide right and license to use, reproduce, adapt, modify and display the unique visual artwork of 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 Rocketship account, provided that all fees due Zastrow Consulting have been paid, including any early termination fees in connection with closing your account prior to the end of the agreed upon term.
Zastrow Consulting, 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 Zastrow Consulting or Zastrow Consulting’s licensors. Other trademarks, service marks, graphics and logos used in connection with Rocketship may be the trademarks of other third parties. Your use of Rocketship grants you no right or license to reproduce or otherwise use any Zastrow Consulting or third-party trademarks.
Copyright Infringement and DMCA Policy
As Zastrow Consulting 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 Zastrow Consulting in accordance with Zastrow Consulting’s Digital Millennium Copyright Act (”DMCA”) Policy. Zastrow Consulting 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 Zastrow Consulting or others, Zastrow Consulting may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Zastrow Consulting will have no obligation to provide a refund of any amounts previously paid to Zastrow Consulting.
Charges and Payments
By signing up for Rocketship and establishing an account, you agree to pay Zastrow Consulting any setup or project fees outlined in a statement of work (SOW) and the subsequent ongoing monthly Service fees, plus any applicable taxes. A valid credit card is required for all accounts. Setup and project fees will be billed in accordance with your SOW, usually 50% upon commencement of the project and 50% upon completion. Setup fees and project fees are non-refundable.
The ongoing Service is billed on a monthly basis, in advance, and is also non-refundable. Billing for the ongoing Service will start immediately upon launch of your Rocketship website and/or upon commencement of recurring marketing services. Billing will then recur every month until you cancel the Service in writing.
Recurring services fees are subject to change. In the event of any pricing changes, Rocketship will inform the account holder by email. 30 days’ notice will be provided before any price changes go into effect. You have the option of rejecting any changes in fees through termination of your service. It is your sole responsibility to provide written notice of cancellation at least 5 days prior to your billing date.
Once you are billed for a month’s Service, no refund or credit will be issued for partial months of Service with an open account for any reason, including for any months you consider “unused”. 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 Rocketship, its use, or on this Agreement, including any tax that may be assessed upon audit of Zastrow Consulting’s tax returns. You (the Account Owner) are responsible for all charges that are incurred in connection with your account and your use of Rocketship.
Zastrow Consulting reserves the right to temporarily suspend the use and public availability of your Rocketship website, until payment is received. Zastrow Consulting reserves the right to assess interest charges at a rate of 1.5% per month, or 18% per year, for any past due amounts. Further, Zastrow Consulting reserves the right to impose a nominal reconnection fee in the event that your access to Rocketship is suspended due to non-payment. You agree and acknowledge that Zastrow Consulting has no obligation to retain your website or its Content and that such data may be irretrievably deleted if your account becomes delinquent by more than thirty (30) days. You also agree to reimburse Zastrow Consulting for its reasonable collection costs and attorney fees should we need to pursue collection of your unpaid account.
Responsibility of Visitors
Zastrow Consulting has not reviewed, and cannot review, all of the material, including computer software, posted using Rocketship, and cannot therefore be responsible for that material’s content, use or effects. By operating Rocketship, Zastrow Consulting does not represent or imply that it endorses the material posted using Rocketship, 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 Rocketship 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 Rocketship 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. Zastrow Consulting disclaims any responsibility for any harm resulting from the use by visitors of Rocketship or websites created with and hosted by Rocketship, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which Rocketship links, and that link to Rocketship. Zastrow Consulting does not have any control over those non-Zastrow Consulting websites, and is not responsible for their contents or their use. By linking to a non-Zastrow Consulting website, Zastrow Consulting 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. Zastrow Consulting disclaims any responsibility for any harm resulting from your use of non-Zastrow Consulting websites.
Zastrow Consulting 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 Rocketship following the posting of any changes to this Agreement constitutes acceptance of those changes. Zastrow Consulting may also, in the future, offer new services and/or features through Rocketship (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.
Cancellation and Termination
You may terminate this Agreement and cancel the Service at any time by notifying by email at: help (at) getrocketship.com. Your website will remain live until the end of your paid service period.
Upon termination, your website including all of your Content may be immediately deleted from the Service. This information cannot be recovered once your account is closed. Thus, it is your sole responsibility to copy and/or download any content you wish to retain or transfer to another host. 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. Zastrow Consulting can assist with your migration process for a nominal fee by providing file and database exports.
Zastrow Consulting, in its sole discretion, may suspend or terminate your access to all or any part of Rocketship 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. Zastrow Consulting 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.
Disclaimer of Warranties
Rocketship is provided on an “as is” and “as available” basis. Zastrow Consulting 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 Zastrow Consulting 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.
Limitation of Liability
In no event will Zastrow Consulting, 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. Zastrow Consulting 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.
General Representation and Warranty
You agree to indemnify and hold harmless Zastrow Consulting, 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 Rocketship, including but not limited to out of your violation of this Agreement.
This Agreement constitutes the entire understanding and agreement between Zastrow Consulting and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Zastrow Consulting, or by the posting by Zastrow Consulting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Rocketship 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; Zastrow Consulting 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: help (at) getrocketship.com.