Contact: info@prorank.ai

ACCEPTABLE USE POLICY

Last Revised: April 2021

Summary

ProRank, Inc (hereafter referred to as “ProRank”) has formulated this Acceptable Use Policy (“AUP”) in order to encourage the responsible use of ProRank’s services, websites and products (“ProRank Services”) by our customers (individually a “Customer” and collectively “Customers”) and other users of the ProRank Services (a Customer or Customer and other such users are collectively, “Users”). This AUP outlines prohibitions that violate the AUP and provides consequences, which include suspension and termination of services provided by ProRank, in the event of a violation. By using the ProRank Services, Users consent to comply with and be bound by the terms of this AUP. ProRank reserves the right to modify this AUP in it’s discretion at any time. Such modifications will be effective when posted. Any use of the ProRank Services after such modification shall constitute acceptance of such modification. 

General Prohibitions

When using ProRank, Inc Services, you may not:

  1. Use the Services in a way that is in violhation of any applicable law, including but not limited to any federal, state, local or applicable international law, statute, regulation case law, order of a court, administrative agency or other tribunal, treaty, or other source of law.
  2. In a manner that may adversely affect the ProRank network and/or Services or interfere with ProRank’s operations.
  3. In a manner that violates a third party’s acceptable use policy or analogous policy.
  4. In a manner that harms or interferes with a third party’s use of the ProRank Services. 
  5. In a manner that violates any other aspect of the AUP.

Notwithstanding the specific examples of prohibited conduct or anything herein to the contrary, actions by a User that may violate this AUP include, but are not limited to, transmitting, distributing or storing data, content or other material, and any action or inaction that may facilitate a violation of this AUP. 

The failure of ProRank, its affiliates, suppliers or agents to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless ProRank and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of all Master Service Agreements and Customer Service Orders, as applicable.

Prohibitions – Specific Examples

Inappropriate Content 

Users shall not use the ProRank Services to access, transmit, distribute or store material that is inappropriate, as reasonably determined by ProRank, or material that is obscene (including but not limited to child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Intellectual Property Infringements

Material or content accessible through the ProRank Services may be subject to protection under laws pertaining to privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights, patents, trademarks, trade secrets or other intellectual property. Users shall not use the ProRank Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. User’s use of a domain name in connection with any of the ProRank Services must not violate the trademark, service mark, or other rights of any third party.

Harmful Content

Users shall not use the ProRank Services to transmit, distribute or store material that may be harmful to or interfere with the ProRank Services or any third party’s networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses. 

Fraudulent or Misleading Content

Users shall not use the ProRank Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards. This includes but is not limited to job offers where there is no intent to actually hire a candidate.  

Email Abuses and Unsolicited Messages 

Users shall not use the ProRank Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints (“spam”). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the ProRank Services. In addition, Users shall not use the ProRank Services in order to (a) send email messages which are excessive and/or intended to harass or annoy others, (b) continue to send email messages to a recipient that has indicated that he/she does not wish to receive them, (c) send email with forged TCP/IP packet header information, (d) send malicious email, including, without limitation, “mailbombing”, (e) send or receive e-mail messages in a manner that violates the acceptable use policies or analogous policies of any other Internet service provider, or (f) use an email box exclusively as a storage space for data.

Internet Forums and Related Application Rules 

Users may have access through the ProRank Services to search engines, subscription web services, chat areas, bulletin boards, web pages, user groups, or other services that promulgate rules, guidelines or agreements to govern their use. Any violation by Users of any such rules, guidelines, or agreements is prohibited hereunder. 

Security and Disruption Activities 

Users shall not use the ProRank Services to conduct activities that may be harmful to or interfere with the ProRank Services or any third party’s networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, denial of service attacks, phishing schemes and related activities. Users are prohibited from violating or attempting to violate the security of the ProRank Services or the computers, accounts, websites, systems or networks of any third party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Users are put on notice that any such inappropriate activity may result in civil or criminal liability to User. ProRank will investigate such activity, and may involve and cooperate with law enforcement authorities in investigating and prosecuting Users suspected or alleged to be involved in such activity. 

Content 

ProRank takes no responsibility for any material created or content accessible on or through the ProRank Services. ProRank is not obligated to monitor such material or content, but reserves the right to do so. ProRank will not exercise any editorial control over such material or content. In the event that ProRank becomes aware that any such material or content may violate this AUP ProRank reserves the right to block access to such material and suspend or terminate any User creating, storing, disseminating or otherwise involved with such material or content. ProRank further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User, notwithstanding any prohibition against doing so pursuant to a confidentiality agree or similar confidentiality obligation, that ProRank suspects or is alleged to be responsible for the wrongdoing.  

Consequences of Violations – Enforcement 

If a User is not complying with or breaches any element of this AUP, ProRank may suspend or terminate the associated service with or without notice. Any decision on enforcement of this AUP shall be solely ProRank’s decision. ProRank may, but has no obligation to, notify Customer, by any means chosen by ProRank, prior to any suspension or termination of a service to allow Customer to cure or remedy a violation or breach of this AUP. ProRank has no obligation to contact a User that is not a Customer. If ProRank decides to notify Customer prior to suspension or termination, ProRank is not obligated to actually deliver notice or otherwise contact Customer. 

ProRank may suspend or terminate service without any notice to Customer, if in ProRank’s sole discretion a breach or violation of this AUP: 

  • May violate any law, order of any court, government agency or other tribunal; 
  • May harm the ProRank network or interfere with ProRank’s operations; 
  • May violate a third party’s acceptable use policy or analogous policy; 
  • May harm a third party or interfere with a third party’s use of the ProRank’s services; 
  • Give rise to any criminal or civil liability or other sanctions; 
  • Or violate other aspects of this AUP. 

ProRank may take such further action in ProRank’s sole discretion to eliminate or preclude repeat violations. ProRank shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from ProRank’s exercise of its rights under this AUP

Violation Reporting 

Violations and suspected violations of this AUP may be reported to: abuse@prorank.ai