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Terms and conditions

User Agreement – 21st October 2009

1. ACCEPTANCE OF TERMS
Welcome to iPostalMail Limited. The following are the terms and conditions for use of the Online Mailbox service including without limitation imaging, forwarding, archival, and other services which may be offered from time to time by iPostalMail Limited for use with your membership (each feature individually and collectively referred to as the "Service"). Online Mailbox is a Service provided by iPostalMail limited. UK Postbox Limited frequently updates, modifies, and otherwise continually seeks to improve our Service. Such changes often dictate that we simultaneously modify our User Agreement.
As such, the following User Agreement may be updated by us from time to time without notice to you. You may review the most recent version of the User Agreement at any time at here.
Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("USER AGREEMENT").
2. INTRODUCTION
In this User Agreement, "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to iPostalMail Limited. ("Online Mailbox"). iPostalMail Limited, is also referred to as iPostalMail.com and operates iPostalMail and related services at and through the website www.ipostalmail.com. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting Online Mailbox's service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Online Mailbox service(s) or to modify or cancel your Online Mailbox service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Poole, Dorset, UK the location of our principal place of business.
3. DESCRIPTION OF SERVICE
Online Mailbox currently provides members with a collection of imaging, forwarding, and archival services. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Online Mailbox services, shall be subject to the User Agreement. You understand and agree that the Service is provided "AS-IS" and that iPostalMail Limited assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, documents, or personalisation settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You understand that the technical processing and transmission to the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. iPostalMail Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iPostalMail Limited shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Access to the Online Mailbox web site may be subject to scheduled and unscheduled outages which may impact your ability to use the service. We will use commercially reasonable efforts to restore the service after any unscheduled outages. To enable us to deliver your postal service mail via email you must change your mailing address with those who send you mail to the address provided to you by iPostalMail Limited. You authorise us to open all physical mail we receive on your behalf, whether or not the mail is addressed to you. You also authorise us to scan your mail into our system and to make and retain paper copies, electronic copies, and/or images of those items. Packages and mail items will be forwarded or returned based on your instructions and you will be responsible for the associated charges if any. However, you must make arrangements with those parties from whom you purchase goods or from whom you otherwise expect packages to be sent to you, to have those packages sent to a delivery address. Mail that is not shredded upon receipt will be archived to hardcopy storage for the period you select. Individual original mail pieces are available to you upon request. Processing charges will apply. After the archive period all mail will be shredded and discarded. Electronic versions will be available to you during the period you select. At the end of that period they will be purged from our systems and will no longer be available to you. You may opt to have electronic versions of your mail archived to CD-ROM for your future reference.
4. NOTICES AND ANNOUNCEMENTS
You authorise us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet communication or to enhance your use of the Internet and/or other relevant matters.
5. YOUR MEMBERSHIP OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as given on the iPostalMail sign up process and/or Registration Form and (b) maintain and promptly advise iPostalMail Limited of any update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iPostalMail Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iPostalMail limited has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6. FEES, PAYMENTS AND YOUR RIGHT TO CANCEL
In consideration for Services received, you shall pay to iPostalMail Limited a monthly service fee at the applicable rate then in effect. Applicable rates are listed on the iPostalMail Limited website www.ipostalmail.com. iPostalMail Limited reserves the right to adjust its rates at any time without prior notice. (iPostalMail Limited may from time to time offer limited time "Free Trial" or similar promotions during which no subscription fee or a reduced subscription fee shall apply. During such promotions, all provisions of this Agreement shall remain in full force and effect. iPostalMail Limited may in its discretion place restrictions on such "Free Trials", such as limiting you to one free trial, limiting available features or services, etc. Service fees are due and payable before Online Mailbox is used. If iPostalMail Limited does not receive full payment of your Online Mailbox account balance within thirty (30) days of the date your account statement is made available to you, an additional 1.5% (or the highest amount permitted by UK law, whichever is lower) per month late charge may be added to your bill and will be immediately due and payable. You also agree to be liable for all Legal' fees, costs and/or disbursements incurred by iPostalMail Limited relating to the collection of your unpaid account. The charges contained on your account statement will be deemed acceptable by you unless you notify iPostalMail Limited of any billing discrepancy within sixty (60) days after they first appear on your account statement. You also agree to timely pay for: (i) any purchases made or facilitated through Online Mailbox; and (ii) any communications charges or other fees incurred in connection with your use of Online Mailbox including, without limitation, all charges and surcharges relating to telephone and computer equipment, communications links, connect time costs, and internet service provider fees. Credit Card Payment. If you have elected to pay by credit card, and iPostalMail Limited does not receive payment from the credit card issuer, you agree to pay all amounts due iPostalMail Limited immediately upon demand by iPostalMail Limited. Each time you use Online Mailbox you agree that iPostalMail Limited is authorised to charge your designated credit card account for the applicable rate for Online Mailbox then in effect. (Your agreement with your credit card issuer governs use of your credit card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder.) Termination or Cancellation by You. You are free to terminate or cancel this Agreement with 30 days notice of cancellation, and for any reason; provided, however, to be effective you must carry out such termination in accordance with the policies and procedures established by iPostalMail Limited. If you terminate the agreement during the middle of the month, your service will continue through the end of the following month. If you have any questions concerning the appropriate method by which to cancel this Agreement, you should contact iPostalMail Limited as specified in the "Contact Us" section of the iPostalMail Limited web site. Prior to cancelling your account, we recommend that you change your Online Mailbox address to your new address with every sender so that you are no longer receiving mail at your Online Mailbox. Refunds. If you cancel your contract in accordance with the policies and procedures established by iPostalMail Limited and there is a credit on the account, iPostalMail will credit the paid plan contract and re-invoice to the end of the termination date, on a monthly plan rate (not a discounted rate), this will be refunded less any other outstanding payments, fees or monies due to iPostalMail.
7. MEMBER CONDUCT
Nature of Communications. You acknowledge that iPostalMail Limited cannot, and does not intend to, screen any communication in advance for accuracy, completeness, or conformity with this Agreement or any applicable laws. Accordingly, you acknowledge that UK Postbox Limited, nor any of its affiliates, agents, content providers or service providers shall assume or have any liability whatsoever to you or any other party for any action or inaction by iPostalMail Limited or any of its affiliates, agents, content providers or service providers with respect to communications made by or through UK Postbox Limited. Specific Prohibitions. iPostalMail does not offer UK Limited Company Registered office services. iPostalMail addresses must not be used for the purpose of a UK Limited Company Registered office with Companies House. You may not use, nor allow any others to use Online Mailbox, either directly or indirectly, to make, create, solicit, transmit, upload, or publish any comment, request, suggestion, proposal, image, data file, or other communication which: (i) is, or is likely to be perceived by an intended recipient or target to be, obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person; (ii) violates any rights of others, including but not limited to, infringement of any proprietary rights, copyrights, trademarks, patents, or trade secrets; (iii) libels, defames or slanders any person, or infringes upon any person's privacy rights; (iv) contains or embodies any computer virus, harmful component or corrupted data; (v) adversely affects the performance or availability of Online Mailbox for any Online Mailbox user(s); (vi) impersonates any person or entity, including without limitation Online Mailbox personnel; (vii) attempts to solicit or collect any personal information whatsoever from a minor without appropriate prior verifiable parental consent; or (viii) violates any applicable local, state, national, international or foreign law, including, but not limited to, laws relating to the export of prohibited or restricted information to foreign nationals or nations as set forth in the rules and regulations of the United Kingdom Department of State, the United Kingdom Department of Commerce and any other related governing body. In addition, you may not use Online Mailbox to: send unsolicited advertising or promotional materials (including, without limitation, "spam" or bulk e-mail and/or "chain"-type letters); or facilitate or promote activities that constitute gambling. iPostalMail Limited also reserves the right to modify or cancel any "User ID", including those that it deems offensive, vulgar or obscene. No Reverse Engineering or Alteration. You may not modify, translate, reverse engineer, decompile, or disassemble Online Mailbox, or any component thereof (including, but not limited to, any third party content or services contained in Online Mailbox), or remove any proprietary notices or labels contained in Online Mailbox or permit any other party to do so. All applicable rights to patents, copyrights, trademarks and trade secrets contained in Online Mailbox and any modifications to them are, and shall remain, the property of UK Postbox Limited or its third party content and/or service providers, as the case may be.
8. IPOSTALMAIL LIMITED - Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.
9. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iPostalMail Limited of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. iPostalMail Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
10. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding you reside.
11. INDEMNITY
You agree to indemnify and hold iPostalMail Limited, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that iPostalMail Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because iPostalMail Limited has no control over such sites and resources, you acknowledge and agree that iPostalMail Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that iPostalMail Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: IPOSTALMAIL LIMITED DOES NOT WARRANT THAT THE SERVICES ARE COMPLETELY ERROR-FREE NOR DOES UK POSTBOX LIMITED WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET. YOUR USE OF THE SERVICE IS AT YOUR SOLERISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPOSTALMAIL LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IPOSTALMAIL LIMITED MAKES NO WARRANTY THAT (i) THESERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE, (iii) THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BECORRECTED. INFORMATION ON THE WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION ANDRISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCHMATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL ORWRITTEN, OBTAINED BY YOU FROM IPOSTALMAIL LIMITED OR THROUGH OR FROM THE SERVICE SHALLCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IPOSTALMAIL LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IPOSTALMAIL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS ANDSERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASEDOR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ORFROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOURTRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ONTHE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. HIGH RISK ACTIVITIES. UK POSTBOX LIMITED IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF UKPOSTBOX.COM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, IPOSTALMAIL.COM AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU.
18. GENERAL INFORMATION
The User Agreement constitute the entire agreement between you and iPostalMail Limited and govern your use of the Service, superseding any prior agreements between you and iPostalMail Limited. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The User Agreement and the relationship between you and iPostalMail Limited shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and iPostalMail Limited agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dorset, United Kngdom. The failure of iPostalMail Limited to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the User Agreement are for convenience only and have no legal or contractual effect.
19. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
20. ENTIRETY
You agree that this Agreement, the rules and policies published by us, the dispute policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the dispute policy and the privacy statement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
21. NON-ASSIGNMENT
Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.
22. AGREEMENT TO BE BOUND
By applying for a iPostalMail Limited service(s) through our online application process or by using the service(s) provided by iPostalMail Limited under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by iPostalMail Limited.
23. LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
24. FORCE MAJEURE Our delay in or failure to perform any of the services under this Agreement shall be excused if such delay or failure is caused by strike, fire, flood, earthquake, acts of nature, governmental action, failure of suppliers, communications lines failures, power failures, or for any other cause or event beyond our reasonable control. In such instances, we agree to resume performance of the services as soon as commercially feasible to do.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Service are: Copyright © 2010 iPostalMail Limited/UK Postbox.com and/or its suppliers, c/o iPostalMail Limited, Hollybank House, Old Wareham Road, Beacon Hill, Poole, Dorset, BH16 6AQ United Kingdom. All rights reserved.
TRADEMARKS. Online Mailbox,isecurePost, iLetterpost, iPostalMail, Online Mailbox and/or other Online Mailbox products and services referenced herein are either trademarks or registered trademarks of iPostalMail Limited. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.