Schedule A To Service Agreement
1. Description of Parties and Services

1.1 Ranking Blast.com (herein referred to as Company), is an Internet service providing Company that offers various services including search engine submission, search engine optimization (SEO) for web sites, marketing consulting, multimedia services, web promotion and publishing, ad creation, and other services. Client (herein referred to as Client) is subject to the terms and conditions of this agreement as initiated by any purchase made for any service offered by the Company. The Company provides its service to the Client subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to Client.

1.2 In order to use the services Client must obtain access to the Internet. RankingBlast does not provide Internet access to the Client.

2. Client Obligations

2.1 Client is obligated to provide accurate information regarding their billing and account details. If the Client provides any information that is untrue, inaccurate, unlawful, or incomplete, or if the Company has reason to suspect that said information is untrue, inaccurate, unlawful, or incomplete, services and/or contracts may be suspended or terminated with or without prior notice to the Client. All remaining contractual financial obligations will come due immediately upon service cancellation.

2.2 In the event that financial information that the Client has disclosed is found to be inaccurate or payment remains due for a period of over 10 days past the initial point of purchase services will be immediately terminated and fees will remain due. The Company will use any and all legal means necessary to collect the resulting debt. Client's account will then accumulate a rate of 12% interest compounded per diem.

2.3 Client understands that all information, data, text, software, audio, photographs, graphics, video, and all other materials (for purposes of schedule, referred herein as to "Content"), whether publicly posted or privately transmitted are the sole responsibility of the Client from which such content originated. Client understands that by using on line marketing services, Client may be exposed to content that is unsuitable or offensive, objectionable, and under no circumstances will the Company be liable in any way for any content including but not limited to, for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of any content posted no matter how the content is transmitted via the on line marketing services.

2.4 The Company reserves the right to change the terms of service agreement at any time without prior notice to the Client to which current terms of service would be enforceable on all current contracts. Current terms of service agreement(s) can be found on the The Company web site for viewing, printing, or downloading. It is the sole responsibility of the Client to obtain said information and to check the TOS (terms of service) web page for updates on a regular basis.

2.5 The Client acknowledges that the Company offers products and services on a non-refundable basis. All sales and point of purchase debts are final. Client also acknowledges and agrees that all services offered on a contractual basis for any length of time are subject to automatic renewal.

2.6 The Company reserves the right to reject any content, web site, key phrase, or point of purchase contract. Any material breach of this TOS agreement by the Client shall result in a forfeiture of services and the collection of the entire remaining amount of the contract. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, services (or any part thereof) with or without notice. The Client agrees that The Company shall not be liable to the Client or to any third party for any modification, suspension or discontinuance of the Service. The Client agrees that The Company may, under certain circumstances and without prior notice, immediately terminate the Client's account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the Client (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by the Client in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by the Client in connection with the Services. Further, you agree that all terminations for cause shall be made in The Company's sole discretion and that The Company shall not be liable to the Client or any third party for any termination of Client's account, any associated email address, or access to the Service.

2.7 Client acknowledges that payment for all products and services are 100% due upon point of purchase in US dollars and are non-refundable unless a payment schedule has been established and agreed upon by the Company. Client's acceptance of these terms constitute authorization for the Company to automatically charge the credit or debit card provided by Client, and in the case of subscription products or services, to continue charging the credit or debit card at the agreed-upon intervals or at intervals determined by Company during the subscription or period in which services are being rendered. For fee schedules, see our pricing policies in article 11.

2.8 In addition to all other restrictions under this agreement and the acceptable use policy, Client agrees to not use Company products and/or services to:

a) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the on line marketing services that the Company provides.

b) Upload, post, email, or otherwise transmit any content that Client does not have the rights to transmit under any law or under contractual or fiduciary relationships.

2.9 Company is not liable for communication breakdown such as loss of Internet, web restrictions, server damage, technical difficulties, tampering, loss of contact between Company and Client, or any unforeseen acts of G-d.

2.10 Client agrees and acknowledges that initial contact given at point of purchase agreement is Client spokesman on behalf of Client purchases and is liable for Client purchases.

2.11 Client agrees and acknowledges that upon agreement to Terms Of Service on original point of purchase account and contract, all other charges accumulated by Client will be enforceable via the original terms of service and purchase agreement. The Client therefore acknowledges that the Company has the right to use the signature from the point of purchase to approve all current and future purchases on Clients behalf.

2.12 Changes and alterations to Client web sites. In order to keep Client web site rankings in top positions or to develop, create, and build links Company must have full FTP access to the Client's web site server during the guarantee period. Company reserves the right to publicly announce and advertise the Client's top ten rankings as an example of successful service method to prospective clientele even up to 24 months after the expiration, cancellation, or suspension of Client services.

2.13 Any change in service content by Client voids any and all guarantees. Client's refusal to accept recommended alterations either visually apparent or to underlying code by the Company results in the voiding of any and all guarantees.

2.14 Links. Client authorizes Company to develop appropriate reciprocal links with other web sites.

2.15 After services have been provided for the chosen service, if the Client requires additional services, he/she will sign up for additional packages or agrees to pay $200.00 per hour for additional services rendered plus any other setup fees which are incurred.

2.16 Client agrees and understands that the Company reserves the right to change service packages offered and adjacent prices and/or fees related to such service packs whether currently under payment agreement or not. In the event that a service package fee is changed, any prior payments applied to that package will be applied instead to the new service package price and/or relating fee(s).

3. Billing, Guarantees and Refunds.

3.1 Due to the nature of on line marketing and web promotion, Company does not offer any refunds on any and all products and services. At any time, Client may cancel services, however, the Client shall remain liable to the entire contract amount whether services were used or not in addition to a penalty fee of 30% of the balance due per cancelled or prematurely terminated contract or service plus any legal or collection fees accrued. Client acknowledges and agrees that a termination of renewal or termination of services pending renewal will be considered as a normal termination or cancellation of services and will be subject to the same fee schedule.

3.2 The Web Top 10 40 keyword package guarantees a minimum number of top 10 listings on at least 5 search engines within one year of point of purchase agreement. The search engines included are: AOL, All The Web, Altavista, Ask Jeeves, Google, Hotbot, IWon, Looksmart, Lycos, MSN, and Netscape. This guarantee is only for the web top 10 40 keyword package. If 5 top ten rankings have not been achieved by 1 full year from the point of purchase date, client will receive 1 extra year of web top 10 service free of charge.

3.3 Time constraints. Unless otherwise specified in writing by the Company, all point of purchase contracts will be considered completed upon notification via email by Company. Any additional work will be considered out of scope of the initial point of purchase contract and will require payment as requested prior to publication.

3.4 Set-up fees. All setup fees that are incurred by services rendered are non-refundable.

3.5 Suspension and/or termination. If Client breaches any of the terms within this agreement including but not limited to the terms of this schedule, the acceptable use policy, or any other written policies implemented by the Company, the Company may at its sole and exclusive discretion suspend or terminate the Client's services immediately without notice leaving all remaining fees and contract payments due upon termination. In addition, service fees may continue to accrue throughout the length of the contract(s).

3.6 The Company is not responsible for sales of the Client's products or services or for traffic to Client's web site(s).

3.7 On charges made after the initial point of purchase, the Client authorizes the Company to charge the Client's credit card for any and all debt that is due the Client's account without a signature. Client agrees that questions regarding any and all charges appearing on any credit card statement must be brought to the attention of the Company within 5 business days of the point of purchase, otherwise the Client acknowledges the charge regardless of any outside agreement the Client may have with the credit provider.
Client agrees to pay the Company a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. All charges and fees charged are non-refundable. In the case of subscription products or services, the subscription shall be effective for a period of twelve (12) months. After which, and on each subsequent annual anniversary of the date of the subscription, it shall continue. After the initial twelve-month period, Customer may cancel the subscription by providing the Company with thirty-day's prior written notice. The Company may cancel a subscription immediately at any time, and for any reason with or without cause, upon notice to Client. Specifically, the Company reserves the right to terminate a subscription or account for any reason. Client agrees to waive all credit card benefits, charge backs, or disputed claims. All charge backs or disputed claims will terminate all services and result in bringing all debts under the contract due in full along with any and all court costs, attorney fees, and collection costs plus a penalty fee of 12% per-diem on the whole amount owed.

3.8 Client agrees and acknowledges not to take any legal action against the Company for any reason. And if any legal action is sought by the Company, court proceedings must take place in Steuben county, NY and the client is responsible to travel to corning to attend required proceedings.

3.9 All payment processes which require re-processing because of insufficient funds or for any other reason will incur an additional fee of $82.99 per each attempt.

The total amount charged for re-processing will be added to the Client's total debt.

3.10 Client agrees that in the event of account suspension, termination, or cancellation bringing all fees immediately due with the account having been entered into collections, that the Client is solely responsible for the payment of any and all fees related to the collection of the past due debt.

3.11 Notice Of Release: Client agrees and authorizes the Company to release any and all client information to any third party necessary in the pursuit of debt collection.

3.12 Client acknowledges and agrees that all RankingBlast.com programs and contracts will automatically renew at the current price of that service at the time that renewal is necessary unless alteration or cancellation of the service package or agreement is petitioned 30 days prior to the Customers' requested end of service date in writing by the authorized point of contact for same account. Failure to present this request for cancellation of services or non-renewal 30 days prior to the desired termination of services date or 30 days prior to the renewal date (whichever comes first) will result in early contract termination fees specified in article 3.1 of this agreement. All cancellation of service requests must be submitted in writing with the inclusion of agreement to the RankingBlast.com Terms of Service.

3.13 Client agrees and acknowledges that every web top ten program and launch prep program is a three year contract in which client is obligated to purchase the Company's services for a minimum of 36 months after initialization of the original point of purchase contract. Client also agrees that even in the event of cancellation, termination, or suspension of service during the three year contract, the client will be charged a contract termination fee of $3600.00.

3.14 Client agrees and acknowledges that person(s) within their company may be contacted periodically via telephone or email by Ranking Blast staff regarding services or promotional packages even after services are cancelled, suspended, or terminated by the Company or the Client for any reason.

3.15 Client agrees and acknowledges that the Company's renewal policies apply to all accounts. The Companies services are offered on an automatic renewal basis only. Renewal of point of purchase contracts are processed 60 days prior to end of service date described therein.

3.16 Client agrees to not discuss company policies, methods, services, reports, prices, and procedures with our competitors. Doing so will result in a termination of service and the client will be charged an early contract termination fee of $3600.00.

3.17 Client agrees and acknowledges that submission of any registration form or acceptance of services on or from rankingblast.com constitutes acceptance and agreement to this TOS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. CLIENT'S USE OF THE SERVICE IS AT CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET THE CLIENT'S REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CLIENT THROUGH THE SERVICE WILL MEET CLIENT EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
3. ANY MATERIAL OBTAINED WILL BE SOLELY THE CLIENT'S RESPONSIBILITY IN THE CASE OF ANY DAMAGE TO THE CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CLIENT FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF THE CLIENT, OR ANYONE IN THE CLIENT'S FAMILY, HAS AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY.

4. Privacy Policy

4.1 Registration Data and certain other Client information is subject to the Company Privacy Policy. Client understands that through use of the Service Client consents to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by The Company and its affiliates.

5. Client Account Security

5.1 Client will receive a password and account designation upon completing the Service's registration process. Client is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account. Client agrees to (a) immediately notify The Company of any unauthorized use of the password or account or any other breach of security, and (b) Client must be sure to exit from Client's account at the end of each session with all diligence. The Company cannot and will not be liable for any loss or damage arising from Client's failure to comply with this Section 5.

6. Indemnity

6.1 Client agrees to indemnify and hold The Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the Client submits, posts, transmits or otherwise makes available through the Service, Client's use of the Service, connection to the Service, violation of the TOS, or violation of any rights of another.

7. No resale of products or services

7.1 Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your RankingBlast.com ID), use of the Service, or access to the Service.

8. No third Party Beneficiaries

8.1 Client agrees that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

9. Trademark Information

9.1 RankingBlast name, The RankingBlast logo, trademarks and service marks and other The Company logos and product and service names are trademarks of The Company Inc. (the "The Company Marks"). Without The Company's prior permission, Client agrees not to display or use in any manner the RankingBlast.com Marks.

10. General Information

10.1 Entire Agreement. The TOS constitutes the entire agreement between the Client and The Company and governs the Client's use of the Service, superseding any prior agreements between the Client and The Company with respect to the Service. Client may also be subject to additional terms and conditions that may apply during use or purchase of certain other Company services, affiliate services, third-party content or third-party services.

10.2 Choice of Law and Forum. The TOS and the relationship between the Client and The Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The Client and The Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Steuben, New York.

10.3 Waiver and Severability of Terms. The failure of The Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

10.4 No Right of Survivorship and Non-Transferability. Client agrees that the Client's account is non-transferable and any rights to the Company ID and services provided by the Company or contents within Client's account are terminated upon death or loss of corporate charter. Upon receipt of the copy of a death certificate, the Client's account may be terminated and all contents therein permanently deleted.

10.5 Statute of Limitations. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10.4 The section titles in the TOS are for convenience only and have no legal or contractual effect.

11. Pricing Policy and Procedures

11.1 Client agrees to all billing policies and regulations. The Company reserves the right to change prices and policies at will without notification to the Client.

11.2 Client acknowledges that payment for all products and services is 100% due upon point of purchase in US dollars and all are non-refundable. Client's acceptance of these terms constitutes authorization for the Company to automatically charge the credit/debit card provided by Client, and in the case of subscription products or services, to continue charging the credit/debit card at the agreed-upon intervals or at intervals determined by Company during the term of the subscription or period in which services are being rendered.

11.3 After services have been provided for the chosen service, if the Client requires additional services, he/she will sign up for additional packages or agrees to pay $200.00 per hour for additional services rendered plus any other setup fees which are incurred.

11.4 Client agrees and understands that the Company reserves the right to change service packages offered and adjacent prices and/or fees related to such service packs whether currently under payment agreement or not. In the event that a service package fee is changed, any prior payments applied to that package will be applied instead to the new service package price and/or relating fee(s).

11.5 Client agrees and understands that if the Company gives a client a package of services or products offered while the client is in god standing (meaning current on their bill) and afterward the client defaults in their financial obligation while under contract they shall be charged the full price of the products and services given as a penalty. Such "gifts" are contingent on whether or not the client fulfills their complete financial obligation via the point of purchase contract.

11.6 The Web Top 10 40 keyword package guarantees a minimum number of top 10 listings on at least 5 search engines within one year of point of purchase agreement. The search engines included are: AOL, All The Web, Altavista, Ask Jeeves, Google, Hotbot, IWon, Looksmart, Lycos, MSN, and Netscape. This guarantee is only for the web top 10 40 keyword package. If 5 top ten rankings have not been achieved by 1 full year from the point of purchase date, client will receive 1 extra year of web top 10 service free of charge.

11.7 All Premium Click programs are billed in 4 month increments. To maintain a Premium Click program, the client is required to pay 4 months in advance for both advertiser and maintenance fees. If a client does not maintain a 4 month advance budget balance the Premium Click account will be closed after 10 business days and no refunds will be given for any fees or ad payments. In order to reactivate a premium click account after the account has been closed or suspended a client must pay double the premium click monthly maintenance fee for the program selected. This reactivation fee is a one time charge. The client agrees to pay the company charges of $2.00 per click for all programs offered. Company is not responsible for ads being down due to banking hours or fund transfer complications, ad content problems, web server maintenance, personnel problems, internet connection(s) failure or client's failure to provide related accurate information.

11.8 Premium Click program overages: If a client's total click through charges exceed the client's monthly budget, the client will be charged for the next higher program to meet their new budget needs without notice. Company reserves the right to charge at will for pay-per-click programs.

11.9 Premium Click development stage : Client agrees and understands that during a period of time in which the company must monitor keywords for various reasons called our development stage for Pay Per Click programs, the client shall be charged $700.00 per program per month for a period of 90 days. In the event that more keywords are added the client shall be charged for this stage again and every time keywords are added to their Premium Click account.

11.10 Premium Click programs are 2 year programs unless otherwise indicated. A Client budget change automatically renews the 2 year Premium Click contract. Premium Click programs and contracts are always subject to current pricing changes.

11.11 Premium Click contract defaults: Early cancellation of a Premium Click program or contract will result in cancellation fees as well as charges for the sum of the fees for the remaining months in that contract. Fee schedules are as follows: With the Premium Click Standard Program the client will incur a penalty fee of $180. per month due to premature cancellation. With the Premium Click Plus Program the client will incur a penalty fee of $300. per month due to premature cancellation. With the Premium Click Pro Program the client will incur a penalty fee of $500. per month due to premature cancellation. With the Premium Click Enterprise Program the client will incur a penalty fee of $800. per month due to premature cancellation.

11.12 Client understands each purchased package initializes it's own point of purchase contract. In order for a client to be in good standing with any open account, the client must have all accounts in good standing. If a client cancels any account or contract, the company reserves the right to close and cancel all accounts that same Client holds.

11.13 Client agrees and understands that a 10% surcharge will be billed along with the regular payment(s) to cover processing fees required by card services and that these fees are non-refundable.

11.14 Client agrees and understands that the Company is authorized to take estimated fees per click-through from pre-paid advertising payments submitted for any PPC program on the World Wide Web prior to participation.

 
 
 
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