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Additional Terms and Conditions

These Rocket Web-Sitez Additional Terms of Service (“RW Additional Terms”), as well as the General Terms and Conditions of Service (“Terms”), apply to the Services, as that term is defined below, that Higher Images provides to its clients (“you”).

Any capitalized terms not defined in these RW Additional Terms have the meanings given to them in the Terms of Service. In the event of a conflict between these RW Additional Terms and the Terms, the provisions of the Terms control.

1 Rocketsitez Services. Higher Images provides various website solutions and products, including but not limited to the following, each included as part of the “Services” that Higher Images offers:

(a) “Platform Services” also referred to as the “Platform” which means, collectively:

      1. The “Website Builder” software that allows you to build Sites;
      2. The Mobile Website Builder; and
      3. The “API” (application programming interface for the Website Builder).

(b) “Core Services”, including but not limited to, the ability to build and maintain multiple sites assigned to your account (“Sites”) for you and, if applicable, any of your customers (your “Clients”) or websites established through the Platform through your account (“Client Sites”).

(c) “Add-On Services”, including but not limited to:

(i) eCommerce functionality: A payment solution provided by Higher Images to allow you to sell products and services to their website visitors (“End Users”).

(ii) Site comments and related Client permissions: “Site Comments” is a collaboration tool that allows users to provide feedback on a Site through comments on the Site.

(iii) Simple Editor: Higher Images’s basic editor that does not include certain advanced functionality such as e-commerce, blogging, or widgets (“Simple Editor”). The functionality of Simple Editor and the related sites are subject to change as additional simplified features are developed and released.

(iv) Additional Terms: Higher Images may, from time to time, add additional Add-On Services that may include expressly designated terms related to such additional Add-On Services (“Additional Terms”). You acknowledge and agree that by engaging a new Add-On Service, you agree to any Additional Terms that may apply. Higher Images is under no obligation to send a Change Notice (as that term is defined below) for any Additional Terms. Instead, you should review these RW Additional Terms when new Add-On Services are added to your account.

B. Services Use. You may use the Services for your personal use or internal business use in the organization that you represent, so long as you are in compliance with all provisions of these RW Additional Terms. It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Platform and the Services.

C. Service Changes and Limitations. Higher Images’s Services are evolving and Higher Images may require that you accept updates to the Platform or other Services, as well as these RW Additional Terms, Privacy Policy and/or other Higher Images Policies. From time-to-time Higher Images may require you to update your software to continue to use the Platform or other Services.

Higher Images reserves the right to stop offering and/or supporting all or part of the Platform or the other Services at any time either permanently or temporarily, at which point your right to use the Platform and the other Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, Higher Images is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Platform or other Services.

HIGHER IMAGES MAY, IN HIGHER IMAGES’S SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT, YOUR SITES, ANY OF YOUR CLIENT’S SITES, ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO HIGHER IMAGES’S SERVICES AND PLATFORM, AND HIGHER IMAGES’S CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND HIGHER IMAGES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

2  Higher Images’s License to You

A. License. Subject to the provisions of these RW Additional Terms, Higher Images hereby grants you a non-exclusive, non-transferable, limited license to use the Platform and other Services solely to create Sites as contemplated by these RW Additional Terms, with the right to sub-license the same only to the extent necessary to permit you and your Clients to access and use the Platform and other Services as contemplated by these RW Additional Terms (the “License”).

The Services, Platform, Marks and related intellectual property are the copyrighted intellectual property of Higher Images or its licensors and may not be redistributed, repackaged or used in any fashion other than as explicitly allowed by these RW Additional Terms. Any violation of this License may result in suspension or termination of your account and you may be refused any and all current or future access to and use of the Platform and other Services. The Services and all other Higher Images intellectual property is subject to this License.

B. Ownership. You acknowledge that the Platform and other Services, including, but not limited to, the software and the trademarks, service marks and logos contained on the Higher Images website (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Higher Images and its licensors solely own the Platform, other Services, Marks, and all right, title and interest in and to all copyrights, patent rights, trademark rights, trade secret rights and other intellectual property rights embodied therein, including derivations, modifications, and improvements thereto and all such rights (“Higher Images Content”), are reserved by Higher Images and its licensors.

You and, if applicable, your Clients, will not have any rights to the Platform, other Services or other Higher Images Content except for the License set forth herein. You acknowledge and, if applicable, will cause your Clients to acknowledge that no license or other right of any kind is granted to you or your Clients except as expressly provided in these RW Additional Terms, and that all rights not specifically licensed under these RW Additional Terms are reserved to Higher Images.

C. Links to the Platform. Subject to the terms of these RW Additional Terms, Higher Images grants to you and, if applicable, your Clients a nonexclusive, non-transferable, non-sublicensable right to display on your Sites and/or your Client Sites a link to the Higher Images homepage, as long as you or your Clients use complies with Higher Images’s Trademark and Usage Guidelines. All use of and goodwill associated with the Higher Images marks shall inure to Higher Images’s benefit.

3.  Publicity/Case Study. You authorize Higher Images to use your name, logo and/or trademark in connection with Higher Images’s promotional materials and marketing activities. Any press release or other announcement will only be issued upon prior approval by both you and Higher Images.

You agree that Higher Images may devise a case study of your use of the Services and may use such case-study for marketing of its services to third parties. You will provide reasonable assistance in preparation of such a case study. Higher Images agrees to provide you with access to the results of such case-study.

4.  Registration and Account Management. Some functions of the Services require registration, and as part of the process you will be requested to provide certain information, including among others: your name, email address, physical address, company name, field of business and website URL (“Registration Data”).

The scope of information Higher Images collects is described in these RW Additional Terms and Privacy Policy. If you wish to access or manage any of your Content and/or information, including your Personal Data, you may do so at any time using your account settings and as further described in our Privacy Policy. You may also contact Higher Images by mail directly at 139 E. Main St, Suite 781 Carnegie, PA 15106.

By using the Services, you agree to:

  • Provide true, accurate, current and complete Registration Data that you maintain and promptly update to ensure its accuracy;
  • Maintain the security and confidentiality of your password and any other security or access information used by you to access the Platform or Services;
    • Certain users with special admin privileges may make changes to your Sites or the Services, including Transfer of Accounts and Sites described below. You are solely responsible for ensuring your users with such admin privileges are authorized to take such actions.
  • Refrain from an Account Transfer without Higher Images’s prior written consent (for more information, please see the “Transfer of Accounts and Sites” sub-section below);
  • Refrain from impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity, including using another person’s username, password or other Registration Data; and
  • Immediately notify Higher Images in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Platform, your Sites, or the Services or any other breach of security that you become aware of.

You represent that any communications and all other activities through use of Your Registration Data were sent or authorized by You, and You agree and understand that You are fully responsible for all activities that occur under Your Registration Data.

5.  Transfer of Accounts and Services. You may transfer your Services(s) to another person through the Platform (“Service Transfer”).

If you want to transfer your account to another legal entity (“Account Transfer”) please contact Higher Images Support.

Please note that:

  • You may only request Service Transfers or Account Transfers for Service/Accounts which you are the legal owner and/or holder of rights to, which Higher Images may confirm using its own methods (e.g. confirming your administrative privileges on the account);
  • Account Transfers are subject to HIgher Images’s sole discretion and written approval. Under no circumstances shall Higher Images be obliged to comply with such request;
  • Under no circumstances shall Higher Images act as an intermediary, arbiter, or adjudicator between you and any third party. If your transfer request affects third parties, such in cases where accounts and/or Services are managed by you on behalf of third parties (e.g. your Clients), Higher Images may ask for, and your request may be subject to, such third parties’ consent, although Higher Images is under no obligation to obtain such consent.
  • Any Account Transfer is subject to the transferee entering into a substitute legal agreement with Higher Images and accepting any terms, policies, guidelines and requirements as We may deem applicable, at Higher Images’s sole discretion.
  • Services with ‘Site for Life’ status are non-transferrable.

Higher Images shall not be liable for any claims, suits, liabilities, damages, losses, costs or expenses of any nature whatsoever arising out of or in connection with your Site Transfers and/or Account Transfers. You shall hold Higher Images harmless from any and all claims, suits, proceedings, by any third party, and indemnify Higher Images from any and all fines, costs, expenses (including reasonable attorney’s fees), losses or damages, arising from or connected to any Account Transfer and/or Site Transfer. For the purposes of clarity, Higher Images shall not be liable for disputes between you as the Account owner and other members of your team or your Clients that may own Sites built through the Platform. For more information, see Section 11 Release and Disputes with Others.

6.  Privacy and Data Protection. By using the Services you hereby represent and warrant that you will provide Higher Images only with Personal Data that is required for Higher Images’s Services under these RW Additional Terms and not request or require that Higher Images process Personal Data in any way that would violate applicable Data Protection Laws.

Notwithstanding the foregoing, you are strictly prohibited from uploading to and/or using the Services in connection with Personal Data which constitutes Personal Health Information or which is considered sensitive and/or restricted in nature under applicable Data Protection Laws (“Prohibited Data”), including but not limited to: genetic or biometric data, data concerning health, data concerning a person’s sex life or sexual orientation, Social Security Number or other similar government identifier, financial data (including but not limited to credit card information, credit rating information etc.); and/or information pertaining to minors under 16 years of age.

A. Your obligation to your Clients and Site visitors. Use of Higher Images’s Services does not ensure your compliance with applicable Data Protection Laws, nor is Higher Images responsible for your compliance with such laws. You are solely responsible for providing any required notices and obtaining all required consents from your Clients and/or site visitors in connection with the Services. These notices and consents may include, but are not limited to, notifications under the applicable breach notification statutes, accurate notice of the Personal Data you collect and how it will be shared, and a privacy policy that complies with all applicable law.

You acknowledge that Higher Images shall not be responsible or liable to you, your Clients or End Users for any of your or your Clients’ breaches of applicable law.

B. Higher Images’s Privacy Obligations. Higher Images shall be entitled to use the Personal Data for statistical and financial purposes; provided, however, that any personal attributes shall be removed from such data or otherwise if such is maintained on an aggregated basis.

Higher Images implements appropriate technical and organizational measures to ensure a level of security of Personal Data, appropriate to the risk, as deemed appropriate by Higher Images.

In addition to the above privacy principles and these RW Additional Terms, your and your Client’s use of the Platform and the Services is also subject to Higher Images’s Privacy Policy which informs you of Higher Images’s policies and procedures regarding the collection, use and disclosure of information We receive when you visit Higher Images’s Platform and use any part of the Services. By using or accessing the Services, you consent and you will cause your Clients to consent to the collection and use of information, including Personal Data, as described herein and in Higher Images’s Privacy Policy, as may be amended by Higher Images from time to time.

7.  Pricing, Payments, Refunds, and Taxes. By using the Services, you agree to pay all associated set-up and subscription fees that you agree to upon sign-up (“Services Fees”) with the credit card you are authorized to use and enter upon sign up, which you authorize Higher Images to charge for the Services Fees (“Authorized Card”). You must have an Authorized Card on file at all times to access the Services. Failure to maintain an Authorized Card may result in termination of your Account or Sites. Your Authorized Card will be charged per the payment processor terms each month, and each month thereafter until termination. If you upgrade or purchase services in the middle of the month, You may be charged a prorated fee.

If, for any reason, Higher Images is unable to process any charge or payment, you agree that you are responsible for providing an alternate form of payment or payment arrangement and you are responsible for any resulting processing fees and/or late fees that may be incurred. You understand and agree that Higher Images will charge all Services Fees that are due or past due (including from previous billing periods) and all expenses that are due or past due (including from previous Billing Period and including any expenses related to the failure of your original payment method) and all late fees incurred to the alternate payment method. You expressly authorize these charges.

You are and shall be fully responsible for the payment of any taxes that apply to your use of the Services.

The Services, including without limitation payment processing, may be handled directly by Higher Images or by online third parties. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of your Personal Data, and support levels). We recommend that you review the terms of use and privacy policy of such third parties before submitting any Personal Data and using such third parties’ services.

A. Auto-renewal. In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise). Accordingly, where applicable, Higher Images will attempt to automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable fees using Your Authorized Card.

Higher Images reserves the right to establish the price for every Service Higher Images offers. Higher Images may change the price of any Service at any time, in its sole discretion. Higher Images reserves the right to charge a price for a Service that was previously offered for free. If Higher Images decides to increase the price of Service for which you are subscribed, Higher Images will make every effort to communicate this pricing change to you via email. Higher Images does not need to notify you if Higher Images decides to raise the price of a Service for which you are not subscribed.

B. Cancellation. Higher Images requires a thirty (30) notice of cancellation through its webmarketing console cancellation form. No refunds will be provided for subscription-based or other Services.

If and when participating in a free trial of a Service, you shall have the right to use the Service for the duration of the free trial without charge until the expiration date of the trial at which point Services shall be discontinued if you do not elect to purchase a subscription to the Service. Note that the functionality of Services during a free trial period may differ from the functionality of a paid subscription term.

C. Late Fees. If Higher Images does not receive your full and complete payment by the due date, We may charge You a late fee on the unpaid balance and may also terminate or suspend Your Service. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 1.5 percent per month. In the event Higher Images utilizes a collection agency or resorts to legal action to recover an unpaid balance, you agree to reimburse Higher Images for all expenses incurred to recover such unpaid balance, including reasonable attorneys’ fees and costs. If you fail to pay on time and Higher Images refers your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party.

8.  User Conduct; Generated Output

A. User Conduct. In connection with your use of the Services, you agree to abide by all applicable local, state, national and international laws and regulations. You must not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Higher Images Policies or the operational or security mechanisms of the Services, and without limiting the foregoing, you may not use (i) the Services or (ii) any Higher Images Content or your Content (collectively, “Content”) except for the intended purposes of the Services, subject to the terms of these RW Additional Terms.

In addition, you may not:

  • alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the the Services, any Higher Images Content, or features;
  • access or attempt to access any Higher Images systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services; oe
  • abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services.

Higher Images is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any of your Content. Higher Images shall not be liable to you or any third party for your Content in any way, including, but not limited to, any mistakes, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing uses related to your Content.

B. Generated Output. Certain features of the Platform or Services permit you to provide prompts or other input (collectively, “Input”) in order to receive output generated by artificial intelligence platform or tool and returned by the Platform or Services based on such Input (“Output”). You agree not to state or suggest that Output was human-generated when it is not. The Platform and Services are not intended to be used, and you agree not to use, or permit any third party to use, the Platform or Services to generate any Output, for:

  • any illegal activity;
  • child sexual abuse material or any content that exploits or harms children;
  • generation of hateful, harassing, or violent content;
  • generation of viruses or malware;
  • any activity that has high risk of physical harm;
  • any activity that has high risk of economic harm;
  • fraudulent or deceptive activity;
  • adult content, adult industries or dating apps;
  • political campaigning or lobbying;
  • activity that violates people’s privacy;
  • unauthorized practice of law or offering tailored legal advice without a qualified person’s review;
  • offering tailored financial advice;
  • diagnosing a certain health condition, or providing treatment instructions; providing diagnostic or treatment services for serious medical conditions; triaging or managing life-threatening issues that need immediate attention; or
  • high risk decision-making.

In addition, you will comply with any third party terms, guidelines, policies or the like to which Higher Images links in connection with your generation of Output.

Ownership of Input and Output: As between you and Higher Images, and to the extent permitted by applicable law, you own all Input and, subject to your compliance with these RW Additional Terms and solely to the extent Higher Images obtains any ownership in any copyrights of your Output, Higher Images hereby assigns to you its ownership interest in such copyrights to your Output. You are responsible for all Input and Output, including for ensuring that it does not violate any applicable law or these Terms. Your Input and Output is deemed to be part of your Content for purposes of these Terms.

Similarity of Output: Due to the automated content generation, Output may not be unique across users and the Platform and Services may generate the same or similar output for you, Higher Images, or a third party. Other users may also provide similar Input and receive the same or similar Output. Responses that are requested by and generated for other users are not considered your Output. You hereby irrevocably release, acquit, and forever discharge, and agree not to sue, Higher Images or any of its affiliates, or any of their employees, officers, directors, or representatives with respect to any liability for direct or indirect copyright, trademark or other infringement, misappropriation or violation of any rights with respect to the Output.

Accuracy: Use of the Platform or Services may in some situations result in incorrect Output that does not accurately reflect real people, places of facts. You agree to evaluate and be responsible for the accuracy of any Output as appropriate for your use case.

Limitations of AI-Generated Output. You acknowledge and agree that, in addition to the limitations and restrictions set forth in these RW Additional Terms, there are numerous limitations that apply with respect to AI-generated Output due to the fact that it is automatically generated, including that:

(a) it may contain errors or misleading information,

(b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content,

(c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense,

(d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks empathy and emotion that humans are able to convey,

(e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive,

(f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making,

(g) AI systems require large amount of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and

(h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.

9. Site Deletion due to Inactivity. If you build a Site on the Platform and fail to publish or edit that Site for six months or longer, Higher Images may, at Higher Images’s discretion, delete such Site with or without notice to you. If you delete your account but still have published Sites, Higher Images reserves the right, but is under no obligation, to delete your Sites.

10. Release & Disputes with Others. You are solely responsible for your interaction with your Clients, the End Users, other users of the Services and other parties with whom you come in contact through your and their use of the Platform, Sites and Services. Higher Images reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with one or more third parties (including, but not limited to, your employees, your Clients, or End Users), you release Higher Images (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”