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The following terms govern your usage of the PosiRank service - please read this carefully:
1. ACCESS TO SERVICE.
PosiRank grants you (the "user") a personal use license, which is not transferable to any other party, to use the private member's area ("dashboard") provided to you on registration and subsequent approval & activation, so that you can schedule SEO-related work orders ("services") through the PosiRank dashboard.
While anyone can create a PosiRank user account, only active users (who have undergone approval & activation) can actually order services, or access certain other areas / features of the dashboard, including PosiRank's strategy room and keyword tracking services.
2. PAYMENT FOR SERVICES.
2.1 PosiRank uses an internal currency ("credits"), where the actual cost per credit for regular accounts is 1 credit for $1 USD, as detailed on our pricing page. All services ordered through the PosiRank dashboard are paid for with such credits, which are initially purchased by you, when you make a deposit.
Deposits, which purchase credits, are a non refundable advance payment for services, which you will then order from the PosiRank dashboard, or schedule to be ordered. You can purchase additional credits at any time.
2.2 PosiRank charges a monthly fee to access our Wholesale platform, which is currently 300 credits per month. This amount is deducted from the active user's credit balance, on the 1st of each month, for the previous month. However, this access fee is waived (either fully or partially), based on how many credits a user spends during a given calendar month, where 1 credit spent is equal to 1 credit discounted from the monthly access fee.
So if a user spends 300 credits or more during a calendar month, the entire access fee is waived, and there is no amount drawn from the user's credit balance at the beginning of the next month. And if a user spends 200 credits during a calendar month, then the access fee is discounted by 200 credits, and therefore only 100 credits are drawn from the credit balance at the beginning of the next month.
This monthly access fee only goes into affect in the first full month after the month in which your account was approved and activated. There is essentially no monthly access fee during an active user's first calendar month. This "grace period" is to prevent new active users from having to immediately place orders to offset the monthly access fee.
This fee is subject to change by PosiRank at any time. PosiRank will provide 30 days notice to active users before making such changes.
Our Retail or Personal accounts incur no platform access fee. For Personal Accounts - Credits purchased never expire except under one specific situation. If you have a credit balance, AND your account has had no activity for a period of 9 months or longer, with no activity being defined as an account that has not had any credit purchases nor any product orders for a period of 9 months or more, those credits expire after 9 months of account inactivity. The account is considered an abandoned account if those conditions are met.
2.3 LOCKING OF INACTIVE & DELINQUENT ACCOUNTS. Per section 2.2 above, PosiRank charges an access fee of 300 credits per month to the platform, which is drawn from an active user's credit balance shortly after the end of each calendar month (on the 1st of the next month), and where an equal number of those credits are discounted from this access fee according to what an active user has spent on PosiRank services during that same calendar month.
So if an active user has spent at least 300 credits on PosiRank services, then there is no access fee due at the end of that month. And if a user has spent 200 credits on PosiRank services, then only 100 credits are due towards the access fee at the end of that calendar month, and so on.
However, if the sum total of an active user's spend activity and their current balance is less than 300 credits during a given calendar month, then any remaining credit balance is drawn and applied towards the platform access fee (which will deplete the credit balance to zero), and the account will become locked.
For example, if a user has spent 100 credits during a calendar month, and their balance is only 100 credits as of the 1st of the following month (which PosiRank will deduct automatically) - then only 200 credits count towards their access fee, and they will have a shortfall of -100 credits. This shortfall is not an outstanding amount that is owed to PosiRank by the user - but their account balance will have been depleted, and the account will be locked.
Active users at risk of facing lock-out (shortfall) will receive regular warning notifications from PosiRank during the last week of a given calendar month. To avoid lock-out, those at-risk users can simply deposit more credits, and either spend those credits on services, or simply maintain an adequate balance to cover any upcoming access fees that are due on the 1st of the next month.
Locked accounts can be reactivated at any time. Reactivating a locked account requires a minimum credit deposit which users may spend on PosiRank services. This reactivation deposit is currently 500 credits ($500 USD).
2.4 DEFINITIONS OF "SPENT CREDITS" Credits are considered to have been spent (and count towards the discounting of that calendar month's access fee) at the time when they have been deducted from a user's credit balance.
For example, if a user orders a service from the PosiRank dashboard, but post-dates its production by 30 days (where the task will not be outsourced until 30 days have passed), credits are still deducted (and considered spent) on the day that post-dated order was actually created, and not when the task is post-dated to be outsourced.
Also, for example, recurring orders will account for credit deductions each time that task actually recurs, starting with the date the recurring order was created. So if a user creates a recurring campaign order on the 15th of a given month which costs 500 credits each time it recurs, then PosiRank will consider those 500 credits to have been spent only when the task actually recurs, on the 15th of each month. So if the user cancels the recurring task on the second month that it is set to recur, but before the 15th of that month, then those credits are not deducted, and do not count towards the sum of credits spent.
3. CREDIT EXPIRATION:
Credits purchased through PosiRank never expire. Please refer to section 2.2 and 2.3 above.
The following actions are absolutely forbidden within PosiRank, and will result in immediate task cancellation, and may result in immediate account termination and a forfeiture of all unused credits, a lifetime ban from PosiRank, and possibly even legal action:
Using the PosiRank dashboard to promote: illegal content, products, services or items; child pornography; hateful, objectionable or defamatory content aimed at any people group, race, gender, sexual orientation or otherwise attacks on any person, business, organization, product or service; cruelty towards animals; pornographic content; prescription drugs; gambling or casinos; or otherwise content found to be objectionable, as deemed solely by PosiRank.
If you are unsure if your site violates our restrictions, please contact us FIRST.
Using software or other means to extract any data or information about PosiRank's other users, or otherwise attempting to disrupt the service.
Attempting to create campaigns that have the intention of negatively affecting a website's position in the major search engine results pages ("negative SEO"), as deemed solely by PosiRank.
5. LEGAL MARKETING ISSUES.
PosiRank is intended to assist the process of ethical website promotion by providing quality services. However, since laws vary from region to region, it is impossible for PosiRank to warrant that this process will comply with the local marketing and legal regulations where you reside - specifically in terms of what you are promoting, and the content used to create your site and your promotions. (For example, most countries tightly govern any marketing material connected with financial services, investments, and so on). Therefore it is entirely your responsibility to conduct due diligence to ensure that the sites you are creating comply with all applicable laws in your country, province or state.
PosiRank hereby disclaims all representations, claims and warranties regarding the legality of using the service or some/all of its features with respect to internet laws & marketing regulations where you reside.
The user (you) accepts comprehensive responsibility for the usage of PosiRank and the sites you promote with our services. it is the user's sole responsibility to ensure the legality of their publishing & marketing activities.
6. ABUSE AND MISUSE.
If PosiRank suspects that our service is being used for illegal purposes or spamming, we will contact any pertinent law enforcement agencies (as appropriate) and will provide them with any user/client information needed for the aforementioned party to conduct an official investigation. You consent to the provision of this information for any such event. You further agree to fully cooperate and, if necessary, provide assistance with all internal monitoring and investigations of our client base and the operations of our website.
7. DISCLAIMER OF WARRANTIES.
Several of the supplied functions of PosiRank use third-party data (or a custom variation thereof) and/or rely on third-party services, where PosiRank has no control over the ongoing performance, accuracy or usability of these features or services. (For example, our keyword-tracking reports available in the Reporting area of the dashboard.)
PosiRank hereby disclaims all representations, claims and warranties regarding the performance of the application/site and the accuracy, currency, or completeness of the information, including (without limitation) all warranties of merchantability or suitability for any given purpose.
Furthermore, under no circumstances shall PosiRank be liable to you (the end user) for any damages whatsoever, including (without limitation) any direct, special, incidental, exemplary or consequential damages, lost profits, or any other claims of yours or third parties, even if we have been advised of the possibility of such damages.
You, the end user, assume all risks and potential damages (known or unknown) associated with using PosiRank in every capacity.
8. ENDING THE SERVICE:
8.1 TERMINATION. PosiRank may cancel any member account at any time and restrict access (upon canceling the payment contract as well), without notice or stated reason. Obviously, this will generally only occur in cases of member abuse in accordance with our restrictions policy, but we do still reserve the right to terminate any user account without notice, for any reason we deem suitable. In the case of abuse or violations of this user agreement, any remaining credit balance will also be forfeited.
8.2 CANCELLATION. Members can cancel their account at any time by contacting PosiRank via the support desk and requesting cancellation. However, before requesting cancellation, users should be sure to spend their remaining credit balances, as cancelling an account also forfeits any remaining balance - and cancelled accounts are NOT able to be reactivated. If users wish to simply become inactive, and essentially pause an account - it makes more sense to simply spend out remaining credits, and let the account become locked when the next month rolls over.
8.3 REFUNDS. Credit purchases are bought with the understanding that they are a non refundable purchase. Generally, we DO NOT offer or provide refunds, since we state clearly across our website and on the order form that all credit purchases/deposits are non refundable. Therefore, the only exceptions where we will process refunds are:
In the case of unauthorized or fraudulent access to your PayPal account or credit card, given adequate proof or evidence, as deemed adequate solely by PosiRank and where our staff has not yet started to work on it. You may also need to contact your payment account / credit card company as well, to ensure that your account is secure. Please note that we reserve the right to submit your claim to the relevant authorities if we are suspicious about the validity of your claim.
*Other similar scenarios, on a case by case (discretionary) basis and within reason. Our goal is to earn your long-term business, and we realize that sometimes, things go awry. So in legitimate cases and where we deem reasonable, existing credit balance refunds can be processed on request, and at the sole discretion of PosiRank.
Please note that in the case of discretionary refunds that are not the result of unauthorized/fraudulent deposits, there will be a 25% administration fee applied to the amount refunded.
No refunds of any kind will be considered for any customer if the most recent credit purchase occurred 60 days or more, prior to the refund request.
You agree that you shall indemnify and hold harmless PosiRank, its directors, affiliates, employees and agents against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of any such nature or kind arising out of your use of our site or our service.
We reserve the right to amend, add to or otherwise edit this Terms of Service agreement at any time, without notice.
Furthermore, these restricted practices are specific only to the PosiRank user license. There are many other restricted practices from a legal standpoint (such as proper disclosures, FTC regulations, etc.), which are your sole responsibility to research and apply according to your business location, where your business conducts transactions, and many other applicable factors.
By ordering our service, you agree to the above Terms of Service. You also verify that you have read, and comprehensively understand our Disclaimer.