CONTACT BEACON™ TERMS & CONDITIONS OF SERVICE
Please read these Terms and Conditions of use carefully. You must agree to these Terms and Conditions before you begin use of Contact Beacon. If you do not agree to these Terms & Conditions, do not use our websites, products and services.
1. Provider Information
Contact Beacon is a trade name of Media Net Link, a Delaware corporation.
Copyright © 2004- 2010 Contact Beacon / Media Net Link, Inc. All Rights Reserved.
This web site, and the information which it contains, is the property of Media Net Link, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
2. Services and Support
2.1 The Services are provided subject to this Agreement. This Agreement, including any guidelines, rules or operating policies contained herein, may be amended by Contact Beacon at any time.
By posting updated versions of the Agreement on the ContactBeacon.com website, or otherwise providing notice to you, Contact Beacon may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at Contact Beacon's website.
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. All accounts must be set-up with a valid credit card in the name of the purchaser or the company he or she represents. If you do not qualify, you are not permitted to use the Services.
2.3 All new clients must go through a registration process with a Contact Beacon representative. You will provide true, accurate, current, and complete information about yourself as requested during the registration process. You are responsible for maintaining the security of your account, passwords, and files.
2.4 Contact Beacon may only be used for lawful purposes. Please see our Prohibited Content and Commerce Statement.
2.5 Contact Beacon will not use information you provide to us or store on our sites for any other purposes than those intended with the Service. Please see our Privacy Statement.
3. Fees and Payment
3.1 The Services are subject to monthly subscription fees (“Paid Services”). The monthly fee will depend upon what configuration you use within the Contact Beacon suite of services. Clients will work with a Contact Beacon representative to establish the exact monthly fee. The monthly fee is a recurring subscription and is due every month, regardless of your use of the product.
3.2 Your pre-paid account will be debited monthly for Services. The Fees can be based on the highest number of contacts in your account at any time during the previous month or by an agreed upon number of various factors associated with the services the client is purchasing within the suite of services of Contact Beacon. If selected by you, you will also be billed for any additional premium services. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Contact Beacon. The Fee Schedule, including subscriber levels and prices, is subject to change at any time at Contact Beacon's discretion. Contact Beacon will attempt to notify you via email prior to the effective date of any change to the Fee Schedule.
3.3 Payment for Services may be made by a valid credit card accepted by Contact Beacon. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Contact Beacon to charge your credit card for such amounts on a regular monthly basis. If Contact Beacon is for any reason unable to effect automatic payment via your credit card, Contact Beacon will attempt to notify you via email and your Contact Beacon account will be disabled until payment is received. Amounts paid for the Services are not refundable.
3.4 You acknowledge and agree that you are responsible for paying Fees for all email messages sent through Contact Beacon, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party, or by any other means.
4. CAN-SPAM Act Compliance
4.1 You hereby acknowledge and agree that:
- Contact Beacon may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy.
- You will adopt and adhere to our Privacy Statement, which may be modified by Contact Beacon from time to time.
- Every email message sent in connection with the Services must contain the Contact Beacon "unsubscribe" link that allows subscribers to remove themselves from your mailing list and contains a link to our current Anti-Spam Policy and Privacy Statement. Each such unsubscribe link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Contact Beacon. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
- Every email message sent in connection with the Services will automatically be appended with a trailer that includes our physical address, phone number and website address.
- You agree to process unsubscribe requests within a 10 day timeframe.
- Media Net Link reserves the right to review your Contact Beacon account including all of its data at any time to enforce compliance with the CAN-SPAM Act and our Anti-Spam Policy.
5. Restrictions and Responsibilities
5.1 Contact Beacon will not use your customer lists or any other information in your account for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law. See our Privacy Statement.
5.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
5.3 Unless you are an authorized Contact Beacon Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by Contact Beacon in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
5.4 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
5.5 You acknowledge and agree that the Services and the Contact Beacon company names and logos and all related product and service names, design marks and slogans, are the property of Contact Beacon or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Contact Beacon. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
5.6 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless Contact Beacon and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that Contact Beacon has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although Contact Beacon has no obligation to monitor the content provided by you or your use of the Services, Contact Beacon may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
5.7 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. For details, see Contact Beacon's Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.
5.8 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by Contact Beacon" or a similar message. You agree to cooperate with and provide reasonable assistance to Contact Beacon in promoting and advertising the Services.
5.9 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Contact Beacon. Contact Beacon may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of Contact Beacon, Contact Beacon may share your information with the Marketing Partner and the Marketing Partner may share information with Contact Beacon. Contact Beacon will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from Contact Beacon due to unsolicited commercial email being sent from your Contact Beacon account.
5.10 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case Contact Beacon's standard rates will apply. The Marketing Partner may notify Contact Beacon of any change in your status.
6. Termination
6.1 You may terminate this Agreement at any time by clicking the Terminate Account link in your account settings page, by submitting a request to Contact Beacon Customer Support, or by contacting Media Net Link directly. There are no refunds for any fees paid.
6.2 Media Net Link may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Media Net Link shall have no liability to you or any third party because of such termination or action.
6.3 Media Net Link may delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. Media Net Link will provide the list of unsubscribe requests from your last campaign upon request.
6.4 If your account is classified at Media Net Link's sole discretion as inactive for over 120 days, Media Net Link has the right to permanently remove your data.
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. CONTACT BEACON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND CONTACT BEACON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Contact Beacon to use commercially reasonable efforts to adjust or repair the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CONTACT BEACON OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CONTACT BEACON") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CONTACT BEACON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, CONTACT BEACON IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF CONTACT BEACON TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
10. Miscellaneous
10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 Contact Beacon and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Contact Beacon in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
10.5 The Agreement shall be governed by the laws of the state of California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Contra Costa County, California.