Terms of Service
Terms of Service Agreement
For customers utilizing website maintenance, website development, or other services provided by Beyond 130 Marketing, LLC
Following are terms of services for website maintenance, domain registration, and website development services provided by Beyond 130 Marketing, LLC (“Beyond 130”). The customer shall provide billing information, including contact name, address, phone number, financial account information, and any other information necessary for Beyond 130 to maintain website hosting, maintenance, and registration services. Any information not provided at sign-up will be requested by Beyond 130 Marketing and provided by the customer. A signature on our order form, submission of an online order for service, or use of our services indicates agreement to these terms of service.
For the purposes of this Terms Of Service:
1.1. “Beyond 130 Marketing’s Equipment” shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, rented, contracted, and/or maintained by Beyond 130 Marketing and/or Beyond 130 Marketing’s affiliates, agents, or assigns which provide the Beyond 130 Marketing Services.
1.2. “Beyond 130 Marketing”, “us,” “we,” “our” and grammatical variants thereof shall collectively refer to Beyond 130 Marketing, a corporation organized and existing under the laws of the State of Texas, United States of America, located at 1055 Amber Way, Rockwall, Texas, U.S.A. and its assigns and successors in interest.
1.3. “Beyond 130 Marketing Services” shall mean the products and services provided by Beyond 130 Marketing and/or Beyond 130 Marketing’s affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, social media, review management, SMS marketing, WiFi Marketing, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Beyond 130 Marketing’s sole discretion.
1.4. “Beyond 130 Marketing Software” shall mean any software provided by Beyond 130 Marketing at any given time, whether downloaded to your computer, provided to you by removable media, or utilized online as part of the Beyond 130 Marketing Services. The Beyond 130 Marketing Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.5. “Bandwidth” shall refer to the rate of data transmission in bits per second using Beyond 130 Marketing’s Equipment.
1.6. “Content” shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
1.7. “Customer Service” shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.
1.8. “Designated Agent” shall mean an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to conduct business on its behalf.
1.9. “Fee” shall mean monies and other consideration you are obligated to pay to Beyond 130 Marketing for the right to use the Beyond 130 Marketing Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular Beyond 130 Marketing Services for which you have registered, as outlined on the then-current schedule of fees.
1.10. “Fee Schedule” shall mean the fees for the Beyond 130 Marketing Services as agreed upon at the time of services started, which may be modified at any time in Beyond 130 Marketing’s sole discretion pursuant to the provisions of section 2 (C) of these Terms Of Service.
1.11. “International Customers” shall mean customers residing in or accessing the Beyond 130 Marketing Services from outside of the United States and Canada.
1.12. “Material Change” means a non-typographical correction. The following will be considered Material Changes:
- a) A change to the client’s name or organization that does not appear to be merely a typographical correction;
- b) Any change to the client’s name or organization that is accompanied by a change of address or phone number; and
- c) Any change to the client’s email address.
1.13. “Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of your country of residence or the country in which you use or access the Beyond 130 Marketing Services and the laws of any provinces, states or dependencies thereof.
1.14. “Parties” shall collectively refer to Beyond 130 Marketing and you.
1.15. “Payment Method” shall refer to the payment method, including credit card, ACH payment, or check, provided by you upon registration to pay for your services. Beyond 130 Marketing may add, delete, or modify the methods by which customers can pay for the Beyond 130 Marketing Services at any time without prior notice, in its sole discretion.
1.16. “Suspend” or “Suspension” shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from your website or via your services.
1.17. “Technical Support” shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.
1.18. “Website Space” shall mean a quantity of computer memory allocation, as outlined in the program description for your services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising your website is stored and is accessible by Beyond 130 Marketing’s web server equipment.
1.19. “You”, “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.20. “Your Data” shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other content, related to your use of the Beyond 130 Marketing Services and stored on or transmitted by the Beyond 130 Marketing Equipment.
1.21. “Your Web Site” shall mean data transmittable via the Internet by Beyond 130 Marketing which is stored in your website space.
1.22. “Your Services” shall mean the specific Beyond 130 Marketing Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Beyond 130 Marketing Services pursuant to the current Fee Schedule.
2. Website Payment Terms:
2.1 Custom Website Development:
Beyond 130 requires full payment on any custom website development under $5000. On custom website development over $5000, Beyond 130 requires a minimum of 50% down payment. Down payment on website development is non-refundable, and down payment amount may be modified in advance at Beyond 130’s discretion. Final payment for the project must be received prior to project launch or relinquishing ownership to the customer. Should a development project span more than 30 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and updates are billed on a monthly basis and are separate from the development payments.
2.2 Semi-Custom Website Development:
Beyond 130 requires full setup payment on any semi-custom website development projects, and full payment for any add-ons, upon order completion and prior to development. Monthly service will be billed on a calendar month basis, for as long as the service remains active.
2.3 Billing for website service will commence when the developmental website is created, and design work of a new website project has started. Website services are invoiced monthly. Monthly payment is due on the due date of the following month’s hosting service. These Terms Of Service are in effect for an initial term of one one month (or longer if you have a minimum or extended term contract) and are automatically renewable for successive terms of the same length as the initial term or for successive one month terms.
2.4 Termination of Website Services with Beyond 130 Marketing requires a 30-day written advance notification via e-mail or postal mail by the account owner. If a customer chooses to activate their domain name through Beyond 130, their domain name registration will expire on the date the domain re-registers. Beyond 130 reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. Beyond 130 reserves the right to cancel service at any time.
3. Domain Registration
3.1 Should you choose to register a domain name through Beyond 130 Marketing, Beyond 130 Marketing will register a domain name on your behalf, provided such domain name is available for registration. Beyond 130 Marketing acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those registry terms and conditions, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy (“UDRP”). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. Beyond 130 Marketing assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, Beyond 130 Marketing shall not own or otherwise legally control any domain name registered on your behalf. Beyond 130 will register customer’s domain before the expiration date as long as the customer’s account is current and not in default. A current, valid payment method must be in place at least 30 days prior to the expiration date of the domain. If at 14 days, the customer has not provided a valid, current payment method, Beyond 130 may set the domain to not renew until customer provides payment.You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize Beyond 130 Marketing to debit the Payment Account for any such fees and costs.
3.2 You acknowledge and agree that in the event of termination or expiration of a domain name, Beyond 130 Marketing shall be the Designated Agent, commencing from the effective date of termination/expiration. Unless terminated, at the end of each term your domain name shall automatically renew for an additional term and you further authorize Beyond 130 Marketing to debit your Payment Account for the renewal fee associated with such renewal term and any related fees or charges. Should the Payment Account provider fail to honor such renewal fee, Beyond 130 Marketing may, in its sole discretion, release, cancel, or otherwise dispose of or utilize your domain name as it sees fit, with no obligation to you whatsoever. If a domain is terminated, Beyond 130 Marketing may delete the domain registration forty (40) days after the effective date of such domain name termination. Additionally, Beyond 130 Marketing may, in its sole discretion, assign the domain name to another party for any and all purposes.
3.3 The Customer agrees and accepts that, for reasons of security and/or in accordance with ICANN and other registry policies, Beyond 130 Marketing shall set domain locks under certain circumstances, including but not limited to domain name registrations, domain name transfers, and any Material Changes to domain name owner details. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain name which has been applied for by third parties.
3.4. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this Terms of Service.
3.5 You shall inform Beyond 130 Marketing of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. Should you lose your right to use a domain name which is used in connection with the Beyond 130 Marketing Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform Beyond 130 Marketing immediately of the party to whom the domain name is to be transferred and you authorize Beyond 130 Marketing to take any and all action necessary to effect such transfer.
3.6 Beyond 130 Marketing may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration:
- to correct mistakes made by Beyond 130 Marketing, another registrar, or the applicable registry administrator,
- to resolve a dispute related to that domain name,
- if you breach this Terms Of Service (including any applicable additional rule or policy),
- if you use a domain name in connection with unlawful activity.
- if Beyond 130 Marketing believes, in its sole discretion, that the domain name has been registered fraudulently
- upon receipt of a court order or other notification from a court of competent jurisdiction, an arbitration award, or other legal authority requiring the suspension, cancellation, transfer or modification of your domain name registration.
3.7 You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including Beyond 130 Marketing) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against Beyond 130 Marketing relating to the suspension, cancellation, transfer or modification of your domain name registration.
3.8 You agree, and acknowledge that some TLDs will have non-uniform renewal registration pricing such that the Fee for a domain name registration renewal may differ from other domain names in the same or other TLDs.
3.9 Beyond 130 Marketing will advise you if current renewal fees are higher than the uniform renewal registration pricing at least 30 days before the TLD is renewed. You will have 14 days to provide Beyond 130 Marketing written notice that you do not intend to renew. Beyond 130 Marketing will assume your intent to renew if notice is not provided.
4. Monthly hosting and website maintenance
4.1. General Payment Terms: Payment is due each month by recurring credit card payment on the specific date for all services. Accounts are in default if payment is not received within 30 days after the invoice date. If a customer pays by ACH that does not clear, the customer is immediately in default and subject to a returned check charge of $35. You acknowledge and agree that it is your responsibility to keep your payment information current and up-to-date at all times and that you shall be liable to Beyond 130 Marketing for your failure to do so, including for any charges that Beyond 130 Marketing may incur as a result of your failure to keep your payment information current. Beyond 130 Marketing shall have no liability for declined payments or incomplete or out-of-date Payment Account information.
4.2 Accounts unpaid 60 days after the date of invoice will be subject to service suspension. Such suspension does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to a late fee of $5.00 per month on the outstanding balance. If your website is disabled due to non-payment, a reconnection fee of $50 must be received before the website will be reinstated.
4.3 Accounts unpaid after 120 days will be deemed abandoned. All files will be deleted from Beyond 130’s server and any domain name registered on Beyond 130’s domain registration account will be set to not renew. After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, website pages, content or other data files associated with your account. Beyond 130 Marketing accepts no liability for such deleted information or content. At that time, the account will be sent to collections.
4.4 If you default, you agree to pay Beyond 130 its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
4.5. Maintenance Pre-Payment Terms: Beyond 130 may offer a discount for paying an entire year of service up front. Refunds will not be issued in the case that a customer cancels their service before the period they have pre-paid for.
- Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. Beyond 130 exercises no control over the content or information contained on the servers used for hosting. Beyond 130 will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties.
- Service Interruptions: Beyond 130 Marketing is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
- Account Credentials: As soon as practicable after registration and payment of services, you will receive a password, account and instructions. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Beyond 130 Marketing of any unauthorized uses of the account or any other breaches of security. Beyond 130 Marketing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Beyond 130 Marketing be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissionsThe customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Beyond 130 immediately via e-mail or telephone as soon as possible. Beyond 130 cannot be held responsible for theft of passwords or hacks due to virus on customers computer that steal username and passwords.
- Governing Laws: Beyond 130 Marketing’s corporate office is located in Rockwall, Texas. This agreement will be performed in and governed by the laws of the State of Texas. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Beyond 130 reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to the initiation of any adjudicative action or proceeding, including arbitration.
- Third-Party Networks: Any access to other networks connected to Beyond 130’s network must comply with the rules appropriate for that other network.
- Software Beyond 130 Marketing may, in its sole discretion, provide you with Beyond 130 Marketing Software in combination with Your Services. Upon payment of all fees due and owing to Beyond 130 Marketing under this Terms Of Service, Beyond 130 Marketing hereby grants, and you hereby accept, a non-transferable, revocable, non-sublicensable, and non-exclusive license to use the Beyond 130 Marketing Software and all related documentation for your own personal or business use during the term of service. Any rights not expressly granted herein shall be reserved for Beyond 130 Marketing. Source code or other information pertaining to the logic design of the Beyond 130 Marketing Software is specifically excluded from the license granted hereunder. Although certain Beyond 130 Marketing Software may be provided free of charge, Beyond 130 Marketing reserves the right to charge for the Beyond 130 Marketing Software or any updates thereto or upgrades therefor at any time.
You recognize that the Beyond 130 Marketing software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the Beyond 130 Marketing Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by Beyond 130 Marketing. You further acknowledge that you have been advised that the Beyond 130 Marketing Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of Beyond 130 Marketing, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to Beyond 130 Marketing, and that its use and disclosure must be carefully and continuously controlled.
Beyond 130 Marketing shall at all times retain title to all the Beyond 130 Marketing Software, third-party licenses, and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.
Unless provided otherwise in the specifications for Your Services, the Beyond 130 Marketing Software supplied hereunder is for your personal or business use. You shall not permit any third party to use the Beyond 130 Marketing Software or allow access to the Beyond 130 Marketing Software from sites outside of your home or business premises except as specifically authorized in writing by Beyond 130 Marketing. The Beyond 130 Marketing Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section.
While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the Beyond 130 Marketing Software, whether such Beyond 130 Marketing Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Site pursuant to this Agreement, nor; (ii) provide or make the Beyond 130 Marketing Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of Beyond 130 Marketing. In order to protect Beyond 130 Marketing’s trade secrets and copyrights in the Beyond 130 Marketing Software, you agree to reproduce and incorporate Beyond 130 Marketing’s trade secrets or copyright notice in any copies, modifications or partial copies.
You agree to notify Beyond 130 Marketing forthwith if you obtain information as to any unauthorized possession, use or disclosure of any Beyond 130 Marketing Software by any person or entity, and further agree to cooperate with Beyond 130 Marketing at Beyond 130 Marketing’s expense, in protecting Beyond 130 Marketing’s proprietary rights.
In the event of termination of this Agreement, or upon any act which shall give rise to Beyond 130 Marketing’s right to terminate, or upon the expiration of the license for Beyond 130 Marketing Software which is subject to a limited-duration license, any and all licenses granted under this Section shall terminate automatically, and you will remove, erase or destroy the Beyond 130 Marketing Software and documentation and all copies thereof, wherever located, without demand or notice.
Beyond 130 Marketing may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third-Party Software, at any time without notice or any further liability to You
- Disk Storage and Bandwidth: Beyond 130 will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount of 2 GB, Beyond 130 will contact the customer in an attempt to make an arrangement for additional resources. If a customer does not respond, or is unable to be reached, Beyond 130 shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. Each email account is provided 2 GB of storage included with the monthly service. Larger mailbox space may be purchased at an additional charge. If space is exceeded, then the mailbox will not be able to receive additional emails until the customer clears space on that email account. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Beyond 130 Marketing to discuss options for increased disk storage.
Beyond 130 Marketing prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold Beyond 130 Marketing harmless from any claims resulting from his/her use of Beyond 130 Marketing’s services that damage the customer or another party. Use of Beyond 130 Marketing’s web hosting and e-mail services to send unsolicited commercial e-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Beyond 130 any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending unsolicited commercial e-mail.
Beyond 130 Marketing shall neither have nor exert any editorial or other subjective control over the substantive content of your data. Beyond 130 Marketing does not engage in any monitoring of your data, and exercises no control over information which is found on the internet, except for its own Web Site. Beyond 130 Marketing cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of your web site and for verifying the accuracy and suitability of the information and services you obtain from third parties via the internet.
- Administrative Access: To prevent malware installation on our servers, and the safety and security of our customers, full administrative access to Beyond 130’s hosting services will not be granted to customers. Customers will have limited administrative access to their website CMS through WordPress access. FTP access can be given on a limited basis at Beyond 130’s discretion.
- Website Copyright:
- Custom Websites: The copyright on a custom website is transferred to the website purchaser only after full payment has been received for the website. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup file will include the entire file structure within a migration program which includes the entire website structure within a .zip file and a MySQL file containing the MySQL database dump. Customer is responsible for installing their website on another system if moved from Beyond 130. Beyond 130 will provide migration services to another hosting system, and customer can request current pricing at the time of services needed.
- Website Go Live and Access: A project is considered complete when full development scope has been reached, and the project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, Beyond 130 may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide Beyond 130 with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Beyond 130s discretion. Once a project is complete, all changes requested will fall under Beyond 130’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by Beyond 130.
- Termination/Cancellation Policy:
You or Beyond 130 Marketing may terminate services at any time for any reason, with or without cause, upon thirty days’ written notice. You may terminate your account by notice to Beyond 130 Marketing. This termination request must come from the account owner, and not a third-party company or person who has been assisting with the website or service. This is to ensure the authenticity of the cancellation by the account owner.
Beyond 130 Marketing may suspend performance under or terminate this Terms Of Service and cease transmission of data associated with your website immediately and without notice:
if Beyond 130 Marketing, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation.
if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or if payment for the Beyond 130 Marketing Services is more than sixty days overdue.
After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. Beyond 130 Marketing accepts no liability for such deleted information or content.
Beyond 130 requires a 30-day notice prior to canceling a website account. At the time of cancellation, all website files will be backed up and provided to you via access to your Google Drive folder for 30 days. After 30 days, it will be deleted from our server; you are responsible for saving these files should you need them for future use. Email servers will be deleted 30 days after termination of services. Customer is responsible for email backups with a third party resident mail program (such as Outlook, Windows Mail, etc)
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
- NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.
Failure of Beyond 130 Marketing at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by a duly authorized representative of Beyond 130 Marketing.
Beyond 130 Marketing may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to Beyond 130 Marketing. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
You may provide notice to Beyond 130 Marketing in one of the following ways:
- by addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid, in the United States mail, Beyond 130 Marketing 1055 AMBER WAY ROCKWALL, TEXAS 75032
- by Federal Express;
- by e-mail
- registered or certified mail.
Such notice, statement or other document so delivered to Beyond 130 Marketing, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by e-mail to Beyond 130 Marketing shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to Beyond 130 Marketing shall be deemed effective as of the date on which Beyond 130 Marketing receives the certified or registered mail notice.
21. FORCE MAJEURE.
In the event of “force majeure” (as defined below), Beyond 130 Marketing may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond Beyond 130 Marketing’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which Beyond 130 Marketing cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the Beyond 130 Marketing Services are located or maintained or through which the Beyond 130 Marketing Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.
Beyond 130 Marketing reserves the right at any time and from time to time to modify or discontinue – temporarily or permanently – the services (or any part thereof) with or without notice. You agree that Beyond 130 Marketing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Beyond 130 Marketing Services.