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 month. 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.