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To sign up for YOURUSMAIL
Mail Service, review the YOURUSMAIL Mail Service Agreement below.
If you accept
the terms and conditions of the YOURUSMAIL Mail Service Agreement, click the "I
Agree" button at the bottom of the page.
YOURUSMAIL, INC.
SERVICE AGREEMENT
1. YOURUSMAIL,
INC. ("YOURUSMAIL") with corporate of located at 4274 Windale drive, Lawrenceville,
Georgia 30044 is the sole owner of certain mailboxes (each a "Mailbox"), and that
said Mailboxes are for rental to the general public, as well as the sale of related
services that YOURUSMAIL may from time to time offer to its clientele (the "Service").
The Service is provided to you ("Tenant") under the terms of this Mail Service Agreement
and any amendments thereto and any operating rules or policies that may be published
from time to time by YOURUSMAIL (the "Service Agreement" or "SA").
2. BY
COMPLETING THE NEW ACCOUNT INFORMATION AND CLICKING THE "I AGREE" BUTTON, YOU ARE
AGREEING TO BE BOUND BY THE SA.
3. By
completion of USPS Form 1583, a copy of which will be made available to the United States Postal Service, the Tenant appoints YOURUSMAIL as agent
for receipt of any mail addressed to the Tenant and delivered to YOURUSMAIL at the
address specified in Paragraph 1 above. YOURUSMAIL is not authorized to accept mail
on behalf of the Tenant unless USPS Form 1583 has been completed. Any mail received
by YOURUSMAIL will be returned to sender within 30 days unless the Tenant has executed
and delivered to YOURUSMAIL or its agent a completed USPS Form 1583.
4. YOURUSMAIL
may change the SA from time to time. Tenant will be notified of any such changes
by a startup screen describing the changes when Tenant enters YOURUSMAIL’s website.
By clicking on the "I Agree" button that follows the posted changes, Tenant agrees
to be bound by the modifications to the SA.
5. Tenant
will create a password and receive a Mailbox designation during the new account
registration process. Tenant is responsible for maintaining the confidentiality
of the password and is fully responsible for all activities which occur under the
Tenant’s password. Tenant agrees to immediately notify YOURUSMAIL of any unauthorized
use of the Tenant’s password or Mailbox or any other breach of security.
6. Tenant
hereby subscribes for mail service under the plan number designated by Tenant during
the new account registration process. A schedule detailing the monthly rental fees
and forwarding fees applicable to all Mailbox rental plans offered by YOURUSMAIL
may be viewed during the new account registration process. If the Tenant has subscribed
for Plan Basic, the Tenant acknowledges and agrees that Tenant shall not be permitted
to accumulate in excess of five (5) pounds of mail and/or parcels without taking
delivery of the same and paying applicable forwarding charges. If Tenant subscribes
for Plan Basic and accumulates more than five (5) pounds of mail and/or parcels,
or if a piece of mail is stored in the Tenant Mailbox for a period longer than 60
days, YOURUSMAIL may exercise its right to: a) automatically upgrade the Tenant
will to the next higher Mailbox rental plan with a monthly fee payable or b) generate
an automatic shipment sending all the contents of the Tenant Mailbox to his default
address.
7. The
minimum Mailbox rental period shall be no less than three (3) months. The minimum
Mailbox rental period is also applicable where the Tenant desires to change its
Mailbox rental plan, such that the Tenant must have been enrolled in its then current
Mailbox rental plan for a minimum of three (3) months before it may change to a
different Mailbox rental plan. Mailbox rental fees and forwarding fees are subject
to change. All rents are payable in advance together with a security deposit equal
to one month’s rent. There will be no prorations or refunds for cancellation of
any service. The initial month of service, however, is subject to proration of charges
determined by YOURUSMAIL if rental commencement occurs at a date other than the
1st day of the month.
8. Rents
applicable to renewals of Mailbox rental are due and payable the 1st day of the
month and become delinquent if not received by YOURUSMAIL by the 15th day of the
month. The Tenant acknowledges and agrees that YOURUSMAIL may hold mail and/or parcels
pending payment. Delivery of mail to the Tenant’s box past this date will be resumed
upon receipt of all amounts due plus a late charge of $30.00 Arrears one month in
duration are subject to immediate termination of service, and YOURUSMAIL reserves
the right to apply the one month’s security deposit to cover any past due rents.
9. Mail
will not be accepted for more than two (2) persons in a single Mailbox. If Tenant
consistently receives more mail than can be placed in a single Mailbox, YOURUSMAIL
reserves the right to require Tenant to rent a larger Mailbox or one or more additional
Mailboxes and pay additional fees. In the event that the Tenant refuses to accept
mail or a package, YOURUSMAIL may return the mail or package to the sender and the
Tenant will be responsible for any postage or other fees associated with such return.
Upon the request of YOURUSMAIL, the Tenant must sign for or otherwise indicate its
acceptance for all mail and parcels.
10. YOURUSMAIL
shall refuse to accept on behalf of the Tenant "postage due" mail and/or COD items
unless special financial arrangements and prepayment are made and agreed to by YOURUSMAIL
in its sole discretion in advance of delivery of such items.
11. The
Tenant acknowledges and agrees that YOURUSMAIL will accept certified, registered
or accountable mail on behalf of the Tenant unless otherwise specified by The Tenant.
12. The
Tenant recognizes and agrees that mail and parcels shall be deemed delivered upon
their placement in the Mailbox assigned to the Tenant, or upon the posting of a
notice of availability to the Tenant’s e-mail address, and the Tenant expressly
relieves and excuses YOURUSMAIL from any further responsibilities with respect to
mail and parcels. The Tenant agrees that it shall use the rented Mailbox for the
purpose of receiving mail, parcels, and for procuring other services as may be purchased
from YOURUSMAIL from time to time and shall not use or permit the premises to be
used for any other purpose.
13. YOURUSMAIL
will cooperate with all local, state and federal agencies and will release information
about the Tenant to such agencies and all postal inspectors upon request. The Tenant
agrees that it will not use the Mailbox or YOURUSMAIL’s services for any unlawful,
illegitimate or fraudulent purposes or for any purpose prohibited by the
United States postal regulations. The Tenant further agrees that any
use of the Mailbox shall be in conformity with all applicable federal, state and
local laws. YOURUSMAIL also reserves the right to immediately terminate service
upon suspicion of fraud or illegal activities.
14. The
mailing address for the mailbox shall be as stated at the end of the new account
registration page. The Tenant agrees to use such mailing address without modification.
15. The
term of this Agreement shall be the initial period paid for by the Tenant and any
renewal period paid for by the Tenant from time to time. Renewal of this Agreement
for additional terms shall be at YOURUSMAIL’s sole discretion.
16. The
Tenant agrees that YOURUSMAIL may terminate or cancel this Agreement for good cause
at any time by providing the Tenant thirty (30) days written, e-mail or other electronic
notice, provided, however, that in the event of reasons (b), (c) and/or (e) below,
YOURUSMAIL shall have the right to terminate this Agreement immediately. Good cause
shall include but is not limited to: (a) the Tenant abandons the mailbox; (b) the
Tenant uses the Mailbox for unlawful, illegitimate or fraudulent purposes; (c) the
Tenant fails to pay monies owed to YOURUSMAIL when due; (d) the Tenant receives
an unreasonable volume of parcels; (e) the Tenant engages in offensive, abusive,
or disruptive behavior toward other customers or YOURUSMAIL’s employees; (f) the
Tenant violates any provision of this Agreement. The Tenant acknowledges that for
the purpose of determining good cause for termination of this Agreement as provided
herein, the actions of any person authorized by the Tenant to use the Mailbox will
be attributed to the Tenant.
17. Upon
termination of this Agreement for any reason, YOURUSMAIL shall hold and forward
any mail of the Tenant for a period of not more than 30 days after Mailbox closure,
provided that the Tenant pays the postage, packing material, and forwarding fees
in advance. Thereafter, if the Tenant requires additional forwarding of mail or
parcels, the Tenant agrees to pay additional fees for such service. All fees associated
with such mail forwarding shall be charged at the same mail forwarding rates detailed
under Plan Basic. If necessary arrangements and payment are not made in advance
to forward mail or parcels upon the expiration, cancellation or termination of this
Agreement, or upon the expiration of any pre-arranged forwarding period, the Tenant’s
mail and parcels may be refused and/or returned to sender. YOURUSMAIL may discard
or destroy any mail or package delivered to or remaining with YOURUSMAIL more than
thirty (30) days after the Mailbox closure or the expiration of an agreed upon forwarding
arrangement, as the case may be; or, in the case of mail or parcels which require
a signature from YOURUSMAIL as a condition to delivery, more than sixty (60) days
after such dates. The Tenant understands that the United States Postal Service will
not accept a Change of Address upon termination of this Agreement. It is the Tenant’s
responsibility to notify correspondents of any change of address.
18. The
Tenant agrees to protect, defend, indemnify and hold harmless YOURUSMAIL, from and
against any and all claims, liabilities, judgments, penalties, losses, costs, damages
and expenses (including attorneys’ fees and all related costs at all trial and appellate
levels, if any, whether or not litigation is instituted) suffered or incurred by
YOURUSMAIL, including, without limitation, any claim for personal injury or property
damage, arising from: (a) the Tenant’s use or possession of the Mailbox; (b) the
failure of the U.S. Postal Service or any commercial courier service to deliver,
or to deliver on time, any items (mail, parcels, etc.); (c) damage to or loss of
any package, mail or damage to the Mailbox contents by any cause whatsoever; and
(d) any violation by Tenant of applicable federal, state or local laws. The indemnified
parties under this Section 18 shall include YOURUSMAIL and its affiliates, subsidiaries,
parents, shareholders, successors, assigns, representatives, franchisees, officers,
directors, agents and employees.
19. IN
NO EVENT SHALL YOURUSMAIL BE LIABLE FOR ANY DAMAGE TO MAIL AND/OR PARCELS OCCURRING
DURING SHIPMENT TO THE TENANT. THE TENANT ACKNOWLEDGES AND AGREES THAT THE TENANT
IS FULLY RESPONSIBLE FOR ANY AND ALL CUSTOMS AND/OR NATIONALIZATION FEES, TAXES,
OR OTHER CHARGES OF WHATEVER NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PARCELS
TO THE TENANT.
20. TENANT
EXPRESSLY AGREES THAT USE OF THE MAIL SERVICE IS AT TENANT’S SOLE RISK. THE MAIL
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOURUSMAIL MAKES NO
WARRANTY THAT THE MAIL SERVICE WILL MEET USER’S REQUIREMENTS, THAT THE MAIL SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TENANT UNDERSTANDS AND AGREES
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
OR FROM YOURUSMAIL’S WEBSITE IS DONE AT TENANT’S OWN DISCRETION AND RISK AND THAT
TENANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING TO TENANT’S COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
21. THE
TENANT HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF YOURUSMAIL, IF ANY, FOR
ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED
$100.00 REGARDLESS OF THE NATURE OF THE CLAIM.
22. Any
written notice to the Tenant required or permitted hereunder shall be deemed delivered
twenty-four (24) hours after posting of such notice to the Tenant’s e-mail address,
within twenty-four hours (24) after delivery by fax to Tenant’s fax number, or at
the time personally delivered to the Tenant. In addition to the foregoing, in the
event of a termination notice for cancellation of mail service and/or Mailbox closure
by reason of Tenant’s abandonment, notice shall also be deemed delivered on the
next day after placing in the hands of a commercial courier service, addressed to
the Tenant at the Tenant’s address as set forth in Form 1583, or on the date of
actual receipt, whichever is earlier.
23. This
Agreement shall be construed and interpreted in accordance with the laws of the
State of Florida without regard to the conflicts of laws provisions thereof,
and the parties consent and stipulate to venue in the state and federal courts in
and for Miami-Dade County Florida
as to any and all litigation arising hereunder.
24. If
any section or any portion of any section of this Agreement shall be construed to
be illegal, invalid or unenforceable, such provision or portion thereof shall be
deemed stricken and deleted from this Agreement, but all other sections of this
Agreement and the remaining portion of any section which is construed to be illegal,
invalid or unenforceable in part shall continue in full force and effect.
25. A
failure of either party to enforce at any time any term, provision, or condition
of this Agreement, or to exercise any right or option herein, shall in no way operate
as a waiver thereof.
I
HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT
AND
AGREE TO BE BOUND BY ALL OF ITS TERMS
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