Agreement Between User & Mail A Letter

The Mail A Letter Web Site is comprised of various Web pages operated by Mail A Letter.

The Mail A Letter Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Mail A Letter Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms of Use

Mail A Letter reserves the right to change the terms, conditions, and notices under which the Mail A Letter Web Site is offered, including but not limited to the charges associated with the use of the Mail A Letter Web Site.

Description of Service

Mail A Letter provides a service for sending documents via the Mail a Letter web site. The user accepts that Mail A Letter will process, print and mail the user’s documents.

Mail a Letter will check the order and shall inform the customer via email in the event the order is not accepted. If the order is accepted, the document from the order will be printed, folded, enveloped and proper postage applied. Mail a Letter pays the first class postage costs required by the United States Post Office. Mail a Letter will deliver the letter to the postal service for delivery. If Mail a Letter accepts and confirms an order, the order becomes contractually binding. Also, the order becomes contractually binding upon initiation of work by Mail a Letter. Mail a Letter will use the United States Post Office for final delivery of the user’s letters. The actual delivery of the letter through the post office is not the subject of this contract and is excluded. Mail a Letter will accept orders from the customer via the Mail a Letter web site, support email and web.

Mail a Letter does not accept any legal requirement to accept orders. Also, Mail a Letter takes no responsibility for the content of the documents in the order and Mail a Letter has no obligation to monitor such content. It is not Mail a Letter‘s responsibility to check the customer’s order for compatibility with the law. Should it come to the attention of Mail a Letter that an order conflicts with legal requirements, the order will be considered to be invalid and Mail a Letter is immediately released from any responsibility in filling it, with no legal regress possible. Furthermore, the customers account may be barred from further usage. Mail a Letter will inform the customer without delay of any such action undertaken. Accepted orders will be confirmed by Mail a Letter. In the case of multiple letters, where one or more cannot be accepted, the orders that can be completed will still be processed. The actual delivery of letters via the postal service is not guaranteed by Mail a Letter. Mail a Letter has no influence upon the actual delivery of the order since the postal service provides this service. If the order is undeliverable the postal organization will normally attempt to return the order to the sender. The customer will be designated as the sender. In the event that that "Mail A Letter" or "NeroPost LLC" is the designated sender with the use of Mail A Letter's Inbound Mail Server. Mail a Letter will be designated as the sender, and Mail a Letter will contact the customer so the customer has an opportunity to resubmit a valid sender address for the order.

Customer Responsibility

The customer must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Mail a Letter service. The customer is responsible for maintaining the confidentiality of their Mail a Letter password and account, and is responsible for all activities associated with their account. Mail a Letter reserves the right to refuse service to anyone at any time without notice for any reason. Mail a Letter also reserves the right to access, read, preserve, and disclose any information as it believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Mail a Letter, its users and the public.

After registration, personal access will be created for the customer (password protected customer area), with the password sent via email. The customer is required to use his ID only in his own name and not to inform a third party of his user ID and password. Only within corporate accounts may an administrator of the account have access to multiple logins and passwords. It is the customer’s responsibility to take appropriate measures to ensure that third party use is not possible and to enforce this security measure. Should the customer allow third party usage, said customer is responsible for all costs incurred by this third party. The customer may change his password or have it locked against further use by using the website customer area access. Locked passwords will result in immediate stopping of services by Mail a Letter. The customer is responsible for any unauthorized use or misuse of his/her account, ID or password. The customer must undertake the update of name or address information as well as any other customer related information or account information, without being asked expressly to do so.

The customer can only initiate orders for himself or for persons and organizations for which he has power of attorney to send letters. The customer is responsible to Mail a Letter that the documents he/she sends do not violate the law or contain any forbidden material. The customer is responsible for ensuring that no third party has a claim against Mail a Letter for legal violations. The customer may not transmit data through the use of Mail a Letter web site and all Mail a Letter web pages which may damage the technical installations of Mail a Letter or third parties. Protection against damage of the customer facilities and data through data receipt is the sole responsibility of the customer through his own appropriate security measures.

The customer agrees to be responsible for all account information and the communications from and into the account and for any consequences thereof. Mail a Letter does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that the customer uploads, transmits or stores in their Mail a Letter account.

The customer shall not agree to, and shall not authorize or encourage any third party to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Mail a Letter. The customer may not upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations. The customer may not prevent others from using the Mail a Letter service or web site. The customer may not use the Mail a Letter for any fraudulent or inappropriate purpose.

The customer may not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Payment

The customer is required to pay the rates and account fees quoted by Mail a Letter. All orders and account fees are to be paid in full without deductions or rebates of any kind. Payment is required at the time of the order. Corporate account fees are to be paid by the end of the billed moth. No orders are eligible for a refund. Mail a Letter may cancel or refuse any order until the payment is made for the order. There is no fee to switch from a basic to corporate account or from a corporate account to a basic account.

Cancellation

A customer may close their basic or corporate account with or without cause at any time by providing notice to Mail a Letter via email; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Should work be in progress when a cancellation occurs, that order will be competed and charged prior to the cancellation taking effect. Upon cancellation, customer must pay outstanding order payments and for corporate accounts, all outstanding monthly service fees. Mail a Letter may at any time and for any reason suspend or terminate the account. In the event of termination, the account will be disabled and the customer will not have access to the account or any files or other content contained in the account. Mail a Letter will notify a customer via email of any such termination or cancellation, which shall be effective immediately upon Mail a Letter delivery of such notice After a period of inactivity, Mail a Letter reserves the right to disable or terminate a customer’s account. After a period of inactivity, Mail a Letter reserves the right to disable or terminate a customer’s account. For corporate accounts, Mail A Letter will provide up to 7 years of storage in the event the account is closed.

Data Security

Mail a Letter stores and uses personal customer user data to conduct all business activities with that customer in accord with the valid legal requirements for data security. Mail a Letter is expressly allowed to authorize the use of customer data for fulfillment of the customer’s explicit business activities with Mail a Letter.

Privacy

Mail a Letter may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Mail a Letter Privacy Statement. Personal information collected by Mail a Letter may be stored and processed in the Mail a Letter server and facilities located in the United States. The customer consents to any transfer of information from another country to Mail a Letter.

Links to Third Party Sites

The Mail A Letter Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Mail A Letter and Mail A Letter is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mail A Letter is not responsible for webcasting or any other form of transmission received from any Linked Site. Mail A Letter is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mail A Letter of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Mail A Letter Web Site, you warrant to Mail A Letter that you will not use the Mail A Letter Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mail A Letter Web Site in any manner which could damage, disable, overburden, or impair the Mail A Letter Web Site or interfere with any other party's use and enjoyment of the Mail A Letter Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mail A Letter Web Sites.

Mail A Letter has no obligation to monitor the information provided by a customer. However, Mail A Letter reserves the right to review materials posted and to remove any materials in its sole discretion. Mail A Letter reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Mail A Letter reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mail A Letter's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children. Mail A Letter does not control or endorse the content, messages or information and, therefore, Mail A Letter specifically disclaims any liability and any actions resulting from your participation in the service. Customers are not authorized Mail A Letter spokespersons, and their views do not necessarily reflect those of Mail A Letter.

All materials uploaded may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.

Mail A Letter does not claim ownership of feedback and suggestions or similar post, upload, input or submit to any Mail A Letter Web Site or its associated services. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mail A Letter, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Mail A Letter is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mail A Letter's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Mail A Letter WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Mail A Letter AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Mail A Letter WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Mail A Letter WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Mail A Letter AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Mail A Letter WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Mail A Letter AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Mail A Letter AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Mail A Letter WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Mail A Letter WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Mail A Letter WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Mail A Letter WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Mail A Letter OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Mail A Letter WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Mail A Letter WEB SITE.

Termination/Access Restriction

Mail A Letter reserves the right, in its sole discretion, to terminate your access to the Mail A Letter Web Site and the related services or any portion thereof at any time, without notice. Use of the Mail A Letter Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mail A Letter as a result of this agreement or use of the Mail A Letter Web Site. Mail A Letter's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mail A Letter's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Mail A Letter Web Site or information provided to or gathered by Mail A Letter with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mail A Letter with respect to the Mail A Letter Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mail A Letter with respect to the Mail A Letter Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices:

All contents of the Mail A Letter Web Site are: Copyright 2012 by NeroPost LLC and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Copyright 2014 by NeroPost LLC