To complete your new account registration with US Global Mail, you must read, understand and agree to the following Terms and Conditions of Use (the “Agreement”) by clicking “I agree” box during registration.
This Agreement between you and US Global Mail governs your use of US Global Mail’s services including without limitation scanning, forwarding, online management, and other services (“Services”). US Global Mail reserves the right to modify this Agreement at anytime without prior notice and to impose new or additional terms and conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof. You may access the most recent version of this Agreement at any time by visiting http://www.usglobalmail.com/terms.If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the Services of US Global Mail.
US Global Mail prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by US Global Mail in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member.
You agree to adhere to the following guidelines when using US Global Mail Websites and Services:
You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another’s computer or the Website.
You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
You may not access or attempt to access US Global Mail’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
You may not use any device, software, or routine that interferes with the proper working of the Website.
You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
By completing the USPS Form 1583, a copy of which will be made available to the United States Postal Service, you hereby appoint US Global Mail as agent for receipt of any mail addressed to you and delivered to US Global Mail. Per USPS regulations, US Global Mail is not authorized to accept mail on your behalf until the USPS Form 1583 has been completed. Furthermore, until you have provided a notarized copy of USPS Form 1583, two (2) forms of identification, and a verified credit card. US Global Mail reserves the right to return to sender all incoming mail addressed to you and delivered to US Global Mail.
US Global Mail does not accept or send C.O.D. deliveries. Nor can US Global Mail use any third-party shipper accounts.
US Global Mail will not provide service to persons and/or entities identified on: (1) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (2) the U.S. State Department Debarred Parties List; or (3) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control. US Global Mail also will not provide service to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744). At no time shall You provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of this Agreement, a “Prohibited Person” shall mean (a) a Person who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations (with the list available on OFAC’s website); (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (F) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.
US Global Mail uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, US GLOBAL MAIL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to your account, you must contact us immediately, and US Global Mail will cancel such account.
You may not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. You represent, warrant, and covenant that all information you provide to US Global Mail is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. You are solely liable for such information and for maintaining all records as required under law. You may be subject to civil or criminal penalties by the U.S. Government for making false or fraudulent statements with respect to such information.
You will create an account (“Account”) and receive a mailbox designation (“Mailbox”) during the new account registration process. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. You agree to immediately notify US Global Mail of any unauthorized use of your password or Mailbox or any other breach of security. US Global Mail shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and current information when you register with US Global Mail (your “Online Profile”), and you agree to maintain and promptly update your Online Profile to keep it accurate and current. You agree that US Global Mail may store and use your Online Profile that you provide for use in maintaining and billing fees to your Account.
You must tell us if you receive mail not addressed to you. If we deliver someone else’s mail to your account, you must notify us as soon as you discover the mistake. You may notify us by sending an email to email@example.com.
You must not read mail delivered to you in error. You must not read or take any other action with respect to mail delivered to you in error, other than to notify us that you received the mail in error.
You must accept delivery of mail we forward to you even if you did not ask the sender to send you the mail. If you do not accept mail that we forward to you at your request, we may charge you our reasonable costs of accepting the returned mail.
You must not abuse our personnel. You may not threaten, yell, curse, or behave in other abusive ways when communicating with our personnel. Our personnel may terminate any communication with you immediately if they reasonably determine that you are being abusive.
You must not violate state, federal or US Postal Regulations laws in any way. You may not use the services in a way that violates the law (including import/export laws). You agree that we may disclose the existence of any Mail items to law enforcement if we have a reasonable suspicion that the item contains illegal materials or was transmitted as part of an illegal activity. You agree that we may cooperate with requests from law enforcement to inspect your mail items, without requiring a warrant or other legal process. We have no obligation to notify you if your items are inspected or seized by law enforcement.
You must not misrepresent the nature of your US Global Mail mailbox address. You may not state or imply that your USGM address is a physical location where you, your personnel, or your operations are physically located. For example, you may not list your USGM address on your website next to a photo purporting to be your place of business.
You must tell us if you have been the subject of a criminal or regulatory investigation or conviction involving fraud or any activity that would violate our policies. You represent to US Global Mail that you have not been the target of any criminal or regulatory investigations or proceedings, and have not been convicted of any crime (felony or misdemeanor), in connection with an activity that would violate our Acceptable Mail Policy if you had used our services as part of that activity.
You may not resell our services unless you have signed our reseller agreement. Unless you have been admitted to our reseller program and signed our reseller agreement you may not sell our services to others or use our service for any purpose other than your internal business purposes.
You must respect our intellectual property rights. You may not use our service for the purpose of copying our proprietary technology. We reserve all rights in our intellectual property.
You must backup your mail content. You should create a backup of information that you wish to retain at reasonable intervals and store the backup in a reasonably secure location other than our services platform.
You may not use our services for PHI unless you notify us. If you are a covered entity or business associate under HIPAA, you may not use our services to receive mail that includes “protected health information” as that term is defined in HIPAA unless you have notified us in advance.
You may not use our services for the purpose of developing a competing service or gathering competitive intelligence.
Unless we have given our advance written consent, you may not use our service for the purpose of gathering data about service availability, performance, or other “benchmarking” purposes.
You must comply with applicable export/import laws. For example, you may not use the services in a U.S.-embargoed country; you may not authorize any person to use the services that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department’s Office of Foreign Asset Control (OFAC); you may not use or permit the use of the services to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State, or permit the use of the services by any person who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons.
You may not use our services as part of a high risk activity. You may not use our services as part of any activity where the failure of our services could result in the death or personal injury, or physical or environmental damage.
You must comply with USPS Form 1583 (Application for Delivery of Mail Through Agent) and other carrier rules and agreements.
The initial Mailbox rental period (“Initial Term”) will be determined by the plan (the “Plan”) selected when you create an Account. The minimum Mailbox rental period is one (1) month. When the Initial Term expires, your Agreement will automatically renew for a Mailbox rental period equal to the Initial Period, unless you notify us in writing via mail, fax or email of your intent to cancel this Agreement. If we no longer offer that Plan, we will automatically place you on its closest equivalent. You may upgrade or downgrade your Plan at anytime. However, should you elect to change your Plan prior to your monthly anniversary date, you will be billed for the higher priced Plan.
US Global Mail provides the Services under this Agreement pursuant to fees published here (the “Fee Schedule”), which are incorporated into this Agreement by reference. By creating an Account and selecting a Plan, you hereby acknowledge that you have access to the Fee Schedule and agree to pay all fees incurred by any person(s) using your Account. US Global Mail reserves the right to modify the Fee Schedule at anytime and to impose new or additional fees. Such modifications and additional fees will be effective immediately and incorporated into this Agreement, and your continued use of the Services will be deemed acceptance thereof.
Paying for Services by credit card is the most convenient way to maintain your account. Keep in mind that credit and debit cards always expire at some point; you must keep your account payment information current to ensure uninterrupted Service and avoid storage fees. Should you elect not to use a credit or debit card for payment of Services, you must maintain a deposit of $100 or greater. Account maintenance fees must be paid by your monthly anniversary date. Delinquent accounts may be denied Services, and any mail received will be subject to storage fees. Included Services not used in any billing cycle may not be carried over into the next billing cycle. Any and all payments, including prepayments, made to US Global Mail are nonrefundable.
You understand and agree that US Global Mail is not a customs agent or broker and, as a result, you are solely responsible for the import and export of your mail and goods, including all descriptions, fees etc. Specifically, you understand and agree that you are responsible for any and all customs, duties, tariffs, taxes, return fees or other charges or fees of any nature relating to the shipment of your mail or goods – none of which are included in the Fee Schedule; you are also responsible for all descriptions. Likewise, any additional insurance in excess of the standard amount insured by carriers (i.e., USPS, FedEx, UPS or DHL) must be authorized and paid in advance by you.
You may cancel this Agreement, and terminate your Account, at any time by notifying US Global Mail in writing via mail, fax or email. Upon cancellation, Services will continue to be provided to you through the remainder of the Initial Term or any renewal.
You understand and agree that US Global Mail may cancel this Agreement, and terminate your Account, without advance notice to you for Cause (as defined below) as determined in its sole discretion. In the event that this Agreement is terminated for Cause, all payments, included prepayments, will be forfeited. Cause shall included but not be limited to the following: (i) you use the Mailbox for unlawful, illegitimate or fraudulent purposes; (ii) you fail to cooperate or provide information in connection with any investigation undertaken by a local, state, or federal authorities, or other governmental agency; (iii) your Account is unable to be billed and payment collected for at least forty-five (45) days; (iv) US Global Mail determines that the payment mechanism provided by you is likely being used in a fraudulent manner; (v) your behavior towards our employees or other customers is offensive, abusive, violent, threatening or disruptive; or (vi) you violate any provision of this Agreement.
You understand and acknowledge that upon cancellation of this Agreement for any reason, 1) Us Global Mail shall cease all services to you; and 2)you will forfeit any and all claim and rights to letters and packages remaining in your mailbox. However, as a courtesy to you, US Global Mail may at its discretion forward any mail to you for a period of not more than thirty (30) days, provided that you pay the postage, packing material, and forwarding fees in advance. All fees associated with such mail forwarding shall be billed according to the fee schedule. You understand that if mail forwarding arrangements and payments are not made in advance of or upon the cancellation of this agreement, your mail may be refused and/or returned to sender; additionally, US Global Mail may discard or destroy any mail or package delivered to and/or remaining with US Global Mail more than ninety (90) days after the cancellation of this agreement. You acknowledge that the the united states postal service will not accept a change of address upon cancellation of this agreement; it is your responsibility to notify correspondents of any change of address.
US Global Mail grants you a non-exclusive, non-transferable, worldwide right to use the Services, solely for your own purposes, subject to this Agreement. All rights not expressly granted to you are reserved by US Global Mail. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Service; or (iii) reverse engineer or access the Services.
You agree to comply with U.S. laws and the laws of your own country. Furthermore, you agree not to use the Services or allow the Services to be used for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity with USPS regulations, common carrier rules and regulations, or other applicable laws, statutes, rules and regulations. If US Global Mail, in our sole discretion, suspect that information contained within your Online Profile, including but not limited to your identity or your payment information, is fraudulent, or if you are attempting to cause us to ship goods to countries that prohibit such shipments or to which the shipment of such goods from the U.S. is unlawful, then we may immediately inspect the packages in question (if applicable) and/or terminate this Agreement without refund and provide all related information to the United States Office of the Postal Inspector, the United States Federal Bureau of Investigation, the applicable State Attorney General or Embassy with jurisdiction, or other national or local law enforcement authorities.
You agree to protect, defend, indemnify and hold US Global Mail and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses of litigation or arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by US Global Mail, including, without limitation, any claim for personal injury or property damage, arising from: (i) these Terms; (ii) the Services provided to you by us; (iii) your use of the Services including without limitation any copyright infringement claims that could arise from our scanning documents at your request; (iv) the failure of any third party, including but not limited to USPS, FedEx, UPS, DHL or any other commercial delivery or courier service, to provide delivery or courier services accurately and on time; (v) damage to or loss of your Mail by any cause whatsoever whether or not attributable to our negligence or omission; and (vi) any violation by you of any federal, state or local laws, statutes, rules or regulations.
Where law permits a process server to serve you by mail or otherwise via our facility, US Global Mail assumes no liability should you be deemed to have accepted process as a result of service of process via the Services or our facility. You acknowledge and agree that service upon you may be affected by such methods. Furthermore, you acknowledge and agree to indemnify and hold US Global Mail and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times, harmless from and against any and all claims and/or consequences resulting from any attempts by third parties to serve you with legal process through the Services or our facility.
You will pay US Global Mail’s costs of defending and resolving a legal claim against US Global Mail that arises from or is related to your use of our services or your violation of the agreement. If someone (other than you) asserts a legal claim against US GLobal Mail or any of its officers, members, managers, employees, staff, personnel, agents, licensors or suppliers arising from or related to your use of the services or your violation of this agreement, you will pay the reasonable costs incurred by the US Global Mail and any of its officers, members, managers, employees, staff, personnel, agents, licensors or suppliers to defend the claim, including reasonable attorney fees, and any damages awarded to the claimant by a court or other tribunal with jurisdiction, or paid to the claimant by the US Global Mail to settle the claim. You agree that US Global Mail may control the defense of the claim at its option, or may require you to defend the claim directly. If US Global Mail elects to control the defense of the claim, you will reimburse US Global Mail for its reasonable defense costs and expenses as incurred. Your obligations under this Section include claims arising as part of a dispute over control of your account, injury to our personnel, investigations by government agencies, and all other claims. You agree that if there is a dispute over control of your account, US Global Mail may suspend access to the online account and file an action with a court naming as defendants you and the other party to the dispute, and that you will pay the costs to bring and resolve this claim as provided in this Section.
You acknowledge that the foregoing provisions are a material inducement for US Global Mail to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
You agree that all services are provided on an “as is” and “as availbale” basis. US Global Mail shall not be liable to you or anyone else for any damage to or loss of mail arising out of or caused, in whole or in part, directly or indirectly, by negligent acts or omissions in compiling, collecting, processing, communicating or delivering mail or handling physical or digital documents; US Global Mail shall not be liable for special, indirect, incidental, consequential, punitive or other similar damages (including without limitation, any lost profits) that you may incur or experience in connection with this agreement.
Each party represents and warrants that it has the legal power and authority to enter into this agreement. You represent and warrant the following that you: (I) have not falsely identified yourself or provided any false information to gain access to the services, (II) have provided correct billing information, (III) are not a person or member of an organization described in executive order on terrorist financing: Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to commit, or Support Terrorism(order 13,244), and (IV) have not created and are not creating an account to commit illegal acts.
US GLOBAL MAIL MAKES NO WARRANTIES EXPRESS OR IMPLIED.
The headings used in this Agreement have been inserted for convenience of reference only and do not define or limit the provisions.
If any provision or modification of this Agreement shall, for any reason, be found or held illegal, invalid or otherwise unenforceable, such illegality, invalidity or unenforceability shall not affect the remainder of this Agreement. Failure by either party to insist upon strict compliance with any terms of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power hereunder at any subsequent time or of any other provision hereof.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the conflicts of laws. Any action or proceeding between the parties arising out of or relating to this Agreement or relating to its interpretation, termination or validity shall be finally and conclusively settled under the then-existing Rules of Conciliation and Arbitration of the International Chamber of Commerce by a panel of three arbitrators appointed in accordance with such rules. The parties specifically agree to renounce all recourse to litigation and that the award of the arbitrators shall be final and shall not be subject to judicial review. The proceedings shall be conducted in Houston, Texas. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction, or having jurisdiction over any of the parties or their assets.