These Terms and
Conditions (hereinafter, referred to as “the Terms”) for the Website http://MARSTATS.com/
(hereinafter, referred to as the “Website”) constitute a legal agreement
between the user (“you” or “your”) of the Website (hereinafter, referred to as
“we”, “us”, “our”, “Company”). By using the Website, you acknowledge that you
have read the Terms and agree to be bound by them. If you do not agree to the
Terms, please do not use the Website. The Company grants you the right to use
the Website only in case that you agree to the Terms.
1. The Website
1.1 The Company offers
through the Website services related to tracking of search engine results pages
(hereinafter, referred to as the “Services”). The Services allow users to track
their ranks on various search engines.
1.2 The Website can be
used by the following categories of users: (1) small, medium, and large SEO
companies; (2) freelancers; (3) owners of many websites; (4) internet
marketers; (5) affiliate marketers; (6) video marketers in YouTube; (7) and
anyone willing to track the search engine results pages of one or more websites
in a detailed and accurate way.
1.3 The Website can be
accessed from any location.
2. The Services
2.1 The purpose of the
Services is a long-term tracking of URLs/Terms. Hence, you can use the Services
to track your URLs/Terms in the long term, but you are not allowed to
constantly change the tracked URLs/Terms. MARSTATS understands that you may
need to change the tracked URLs/Terms from time to time. Therefore, MARSTATS
allows you to change the tracked URLs/Terms up to six times the subscription
plan’s limit within each successive time period of 30 days. Once the user
exceeds the limit, he/she will not be able to make any changes until the
expiration of the time period of 30 days in which the limit was reached. In
addition to the aforementioned limit, a limit (not time limited) of five URLs
replacements applies to the users of the Free Package. After the limit of five
URLs replacements is reached, the users of the Free Package would not be able
to track new URLs.
2.2 The Services are
provided in different packages, namely, (1) Free Package, (2) Trial Package,
(3) Starter Package, (4) Standard Package, (5) Advanced Package, (6) Business
2.3 The Free and Trial
packages are provided for free. A subscription fee (hereinafter, referred to as
“Subscription Fee”) is charged by the Company for any other packages. The
Subscription Fee depends on how many search terms the user would like to track.
One search term refers to one search term tracked for one uniform resource
locator (URL) on one search engine. For more information on the Subscription
Fee for all packages, please visit http://marstats.com/pages/plans-and-pricing.
3. Your responsibilities
3.1 You are solely
responsible for any activities that you do in connection with the Website. You
are entirely responsible for maintaining the confidentiality of the passwords
which are used to access the Website. You are not allowed to use another user’s
account without the permission of that user. If you believe your account has
been used by an unauthorized third party, please inform the Company
3.2 You are not
allowed to upload on the Website any materials for which you have not been
licensed to use and publish.
4. Company’s Content
4.1 The Website
contains materials that are owned by the Company (hereinafter, referred to as
“Company’s Content”). Such materials include, but are not limited to,
trademarks, text, photos, and source code. The Company’s Content is
intellectual property of the Company. The Company’s Content is protected by the
applicable national and international intellectual property laws.
5. Payments & refunds
5.1 The users of the
Website can make payments by using PayPal or by credit cards via 2CheckOut.
5.2 If you cancel the
Services before the end of your current paid up subscription, your cancellation
will take effect immediately, and you will not be charged again. But there will
not be any prorating of unused time in the last billing cycle. We do not
provide prorate refunds or credits for cancellation of the Services.
5.3 If you downgrade
your subscription plan before the end of your current paid up subscription,
your downgrade will take effect immediately. But there will not be any
prorating of unused time in the last billing cycle. We do not provide prorate
refunds or credits for downgrading your subscription plan.
6. A license to use the Website
6.1 Subject to the
provisions in the Terms, the Company grants you a personal, nonexclusive,
nontransferable, non-sublicensable, limited license to use the Website.
7. License restrictions
7.1 Unless explicitly
allowed in the Terms, you may not: (i) copy Company’s Content; (ii) distribute
Company’s Content; (iii) adapt, translate, reverse engineer, make alterations,
decompile, disassemble or make derivative works based on Company’s Content;
(iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other
rights to Company’s Content to third parties.
8.1 All Company’s
Content featured or displayed in or through the Website and all trademarks,
service marks and trade names of the Company included therein, are intellectual
property of the Company, its licensors, vendors, agents and/or other content
9. Your warranty to the Company
9.1 You represent and
warrant that: (i) you have the authority to bind yourself to these Terms; (ii)
you will use the Website only for purposes that are permitted by these Terms;
and (iii) your use of the Website will comply with all applicable laws.
10. Privacy, security, and integrity
10.1 The Company
follows widely accepted industry standards and maintains reasonable safeguards
with the aim to ensure the privacy, security, and integrity of the information
in our possession.
10.2 By using the
Website, you agree that the Company may collect and process your personal
governs the collection, processing, and disclosure of your personal information
in relation to the Website.
10.3 The Company will
not use any personal or non-personal information collected by you through the
Website to send offers of services or products to your clients.
11.1 You will receive
a commission amounting to 20% of any fee paid through an account registered on
the Website by using affiliate links provided to you by the Company
(hereinafter, individually and collectively referred to as “Commission
11.2 Each Commission
Fee(s) becomes payable after the expiration of a time period of 45 days
commencing on the day of the payment of the fee which gives rise to that
11.3 The minimum
withdrawal amount of Commission Fee(s) is USD 100.
11.4 If you have
generated payable Commission Fee(s) which are equal or exceeding the
aforementioned minimum withdrawal amount of USD 100, you can withdraw your
Commission Fee(s). In order to do so, you need to send an invoice to the
11.5 Any Commission
Fee(s) withdrawn by you will be, at your preference, (i) either transferred to
your PayPal account or (ii) added as a credit to your MARSTATS’s account. The
Company is not responsible for incorrect payments made to a PayPal account due
to your provision of an incorrect or invalid email address.
11.6 You are not
entitled to receive any Commission Fee(s) for customers referred through Pay
per click (PPC) advertising using keywords which are identical or similar to
Company’s brand (e.g., MARSTATS, MARSTATS, and MARSTATS Coupon).
11.7 The Company
reserves the right to withhold Commission Fee(s) which, in Company’s sole
discretion, are potentially fraudulent and/or violate these Terms.
11.8 To the extent not
prohibited by law, you are responsible for the payment of all taxes related to
the Commission Fee(s) you receive under these Terms.
12. Availability and accuracy
12.1. We will use
reasonable efforts to make the Website available at all times. However, you
acknowledge that the Website is provided over the Internet and so the quality
and availability of the Website may be affected by factors outside our
12.2. We do not accept
any responsibility for unavailability of the Website due to bandwidth problems,
equipment failure, or acts of God.
12.3 We will use
reasonable efforts to track the rankings of your websites accurately. However,
you acknowledge that the accuracy of the Services may be prevented by certain
factors outside our reasonable control including, without limitation, temporary
technical issues related to the Website or changes in the tracked search
engines. Therefore, we do not accept any responsibility for the accuracy of our
Services for factors that are outside of our reasonable control.
13. Disclaimer of warranties and indemnification
13.1 THE COMPANY IS
LICENSING THE WEBSITE AND PROVIDING THE SERVICES ON “AS IS”, “AS AVAILABLE”,
AND “WITH ALL FAULTS” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE,
OF THE WEBSITE AND THE SERVICES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE SERVICES. THE COMPANY
EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation of liability
14.1 TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE
CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND THE SERVICES, AND
FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
15.1 To the extent not
prohibited by law, you agree to indemnify and hold harmless the Company and its
agents, affiliates, consultants, directors, employees, officers, and anyone
providing information or software used in the Website from any and all claims
arising from your use of the Website and the Services.
16.1 These Terms are
effective until terminated.
16.2 The Company may
terminate the Terms at any time at its sole discretion with or without notice
to you. If the Company terminates the Terms at its sole discretion, the Company
will provide you with a pro rata refund for the remaining days in the month for
which you have paid Subscription Fee.
your rights under these Terms will terminate automatically if you fail to
comply with any of the provisions contained in the Terms.
16.4 Upon termination,
all legal rights and licenses granted to you hereunder shall terminate
immediately and you shall cease all use of the Website and the Services.
17. Governing law
17.1 The Terms shall
be governed by the laws of Israel. You irrevocably consent to the exclusive
jurisdiction and venue of the courts of Israel for all disputes arising out of
or relating to these Terms.
18. Amendment of these Terms
18.1 The Company
reserves the right to modify or amend these Terms from time to time without
notice. If you continue using the Website or the Services following the posting
of changes to the Terms, you declare that you accept those changes.
19. Last amendment
19.1 These Terms have
been last amended on 4th of March 2019.