Website Terms of Use

Last updated October 30, 2009

The following Terms of Use (“Terms of Use, “Agreement”) are between you and Virtual Post Solutions, Inc. (the “Company”, “we”, “Virtual Post Mail”) and constitute a legal agreement that governs your use of the Virtual Post Mail website. This Agreement applies to the Company web site located at virtualpostmail.com (“Site”) and all related sites linked to virtualpostmail.com by us. By using the Site, you agree to these Terms of Use, whether you are a “Visitor” (which means that you are simply browsing the the Site) or you are a “Member” (which means that you have registered on the Site). If you do not agree, do not use the Site.

For service terms governing the use of our Virtual Post Mail services, please read our Mailbox Terms of Service.

Content

Subject to full compliance with the Terms of Use, the Company may offer to provide certain services and content, as described more fully on the Site. Services shall include, but not be limited to, any service and content the Company performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”).

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, uploaded, posted, publicly displayed, translated, transmitted, reproduced, republished, or distributed in any way to any other computer, server, web site or other medium for distribution or publication or for any commercial enterprise, without the Company’s express prior written consent.

Your Account, Password, and Security

As a condition to using the Site, you may be required to register with the Site and select a password and user name (“User ID”). You shall provide the Company with accurate, complete, and updated registration information. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your account information, including your password.

Using the Site

While using the Site, you will not:

  • post content in inappropriate areas on the Site;
  • violate any laws, third party rights, or our policies;
  • abuse, harass, threaten, impersonate or intimidate other Site users;
  • use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
  • post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous (including personal information), defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  • use the Site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  • violate any laws in your jurisdiction (including but not limited to copyright laws and mail delivery laws);
  • transfer your Site account and User ID to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • attempt to impersonate another user or person;
  • sell or otherwise transfer your account;
  • distribute viruses or any other technologies that may harm the Company, or the interests or property of Site users;
  • copy, modify, or distribute content from the Site and the Company’s copyrights and trademarks;

We reserve the right to bar any activity that violates any of the terms written in this section.

Website Access and Interference

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper, “deep linking” or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of the Company and the appropriate third party, as applicable;
  • probe, test, or scan the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site.
  • harvest or otherwise collect information about users, including passwords and email addresses, without their consent;
  • attempt to gain unauthorized access to any portion or feature of the Site, or to any of the services offered on or through the Site, by hacking or any other illegitimate means.
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed and suspended accounts or accounts that have been inactive for a long time.

Indemnity

You will indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, violation of the Terms of Use by you, or any third party using your account or User ID, of any intellectual property or other right of any person or entity.

Links

The Site may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that the Company 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 the Company 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.

Warranty Disclaimers

You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Site, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (i) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, (iii) FOR ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (iv) FOR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your information being transferred or used in this way please do not use our service.

Notices

Any notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address as set forth in your account. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the Company agree to resolve any claim or controversy at law or equity that arises out of this Terms of Use or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes – This Terms of Use shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Company must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
  • Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims – All claims you bring against the Company must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, the Company may recover attorneys’ fees and costs up to $1000, provided that the Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

General

If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Terms of Use in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms of Use.

We may amend this Terms of Use at any time by posting the amended terms on this Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.