MAIL SERVICE AGREEMENT
1. USABOX, INC. ("USABOX") is the sole owner of certain mailboxes which are for rental to the general public, as is the sale of related services that USABOX 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 USABOX (the "Mailbox Service Agreement" or "MSA").
2. BY COMPLETING THE NEW ACCOUNT INFORMATION AND CLICKING THE "I AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE MSA.
3. By completing USPS Form 1583, a copy of which will be made available to the United States Postal Service, the Tenant appoints USABOX as agent for receipt of any mail addressed to the Tenant and delivered to USABOX at the address specified in Paragraph 1 above. USABOX is not authorized to accept regular mail on behalf of the Tenant unless USPS Form 1583 has been completed. Any mail received by USABOX will be returned to sender unless the Tenant has executed and delivered to USABOX or its agent a completed USPS Form 1583.
4. USABOX may change the MSA from time to time. Continued use of our website and services represents the Tenant's acceptance of the MSA.
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 USABOX of any unauthorized use of the Tenant's password or Mailbox or any other breach of security.
6. A schedule detailing the monthly rental fees and forwarding fees applicable to all service plans offered by USABOX is available on the USABOX website. If the Tenant has subscribed for Plan “Fast Track”, the Tenant acknowledges and agrees that Tenant shall not accumulate in excess of one pound (1 lb.) of mail and/or parcels without taking delivery of same and paying applicable forwarding charges. If Tenant subscribes to Plan “Fast Track” and accumulates more than one pound (1 lb.) of mail and/or parcels, or if a piece of mail is stored in the Tenant's Mailbox for a period longer than 7 days, USABOX may exercise its right to: a) automatically upgrade the Tenant 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's Mailbox to his or her default address.
7. The minimum Mailbox rental period shall be no less than one (1) month. The minimum Mailbox rental period is also applicable where the Tenant desires to downgrade his or her Mailbox rental plan, such that the Tenant must have been enrolled in his or her then current Mailbox rental plan for a minimum of three (3) months before it may change to a different, lower paying Mailbox rental plan. Mailbox rental fees and forwarding fees are subject to change without notice. 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 USABOX 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 USABOX by the 15th day of the month. The Tenant acknowledges and agrees that USABOX may hold mail and/or parcels pending payment. Delivery of mail to the Tenant's Mailbox 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 USABOX reserves the right to apply the one month's security deposit to cover any past due rent.
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, USABOX 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, USABOX 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 USABOX, the Tenant must sign for or otherwise indicate his or her acceptance for all mail and parcels.
10. USABOX 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 USABOX in its sole discretion in advance of delivery of such items.
11. USABOX.com will not process any shipments on behalf of the Tenant until all required documentation is received, including but not limited to a notarized USPS Mail Forwarding Form 1583 if required.
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 USABOX online account, and the Tenant expressly relieves and excuses USABOX 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 USABOX from time to time and shall not use or permit the premises to be used for any other purpose.
13. Due to air cargo federal regulations all cargo is subject to inspection. USABOX 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 USABOX'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. USABOX 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 during the new account registration process. 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 will be renewed automatically on a monthly basis for additional terms. Renewal shall be at USABOX's sole discretion. Tenant may close his or her account upon written notice after fulfilling the minimum contract period.
16. The Tenant agrees that USABOX 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, USABOX 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 USABOX 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 USABOX'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, USABOX 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 “Fast Track”. 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. USABOX may discard or destroy any mail or package delivered to or remaining with USABOX 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 USABOX 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 USABOX, 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 USABOX, 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 USABOX and its affiliates, subsidiaries, parents, shareholders, successors, assigns, representatives, franchisees, officers, directors, agents and employees.
19. IN NO EVENT SHALL USABOX 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. USABOX 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 USABOX'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 USABOX, 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 or to Tenant"s USABOX online account.
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.
26. The Tenant is responsible for his or her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Tenant's shipment may be transported. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country. The Tenant agrees and acknowledges that he/she shall purchase any and all merchandise from United States sellers under an ex-works agreement.
27. The Tenant agrees to furnish the necessary information and complete and attach the necessary documents to comply with any laws, rules and/or regulations, including notifying the United States Principal Party In Interest ("USPPI"), as defined by the United States Foreign Trade Regulations in every transaction generated by the Tenant. The Tenant agrees to provide to USABOX all required information for export purposes from the United States Principal Party in Interest, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required.
28. The Tenant represents and warrants that (a) the recipient of any items shipped is the end user of any and all merchandise and mail that the Tenant requests be shipped to the recipient's address, (b) any and all merchandise and mail that the Tenant requests be shipped will be used in the country to which the Tenant requests shipment and (c) the Tenant will not re-export the merchandise and mail to a different destination. USABOX reserves the right to request that the Tenant or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item shipped.
29. The Tenant is responsible for confirming that prohibited items not be shipped to USABOX. USABOX reserves the right to return all packages to the sender(s) for any reason.
30. The Tenant represents and warrants that all his or her activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Tenant resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Controls Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. app. 2401-2420), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively "Export, Import, and Economic Sanctions Laws")