As a subscriber, you (hereafter collectively referred to as "you") must agree to the terms and conditions of this Service Agreement ("Agreement"). If you choose not to agree to all or any of the following terms and conditions after reading this agreement in full, you will need to cancel your account.
Please read the following carefully. If you have any questions, feel free to contact us at
PostMaster@WentPostal.com. Thank you.
1.This is an agreement between you and WentPostal.com, Inc. (hereafter collectively referred to as
WentPostal). You agree that your username and password and changes to both of these items are your responsibility.
2.WentPostal agrees to provide e-mail services only. You will need to obtain Internet access services from other sources in order to access the e-mail services provided by
WentPostal. Your Internet access service is between you and your service provider.
3.WentPostal shall not, in any way, be held responsible for any claims or damages caused by any of its customers. You agree to use all of the services provided by
WentPostal at your own risk. WentPostal specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall
WentPostal be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify
WentPostal against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of
WentPostal. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by
WentPostal, its employees or its agents, by its own negligence, or your errors or omissions.
4.WentPostal shall not be responsible for any long distance charges incurred while using its e-mail service.
5.WentPostal always reserves the right to change its rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supercede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted. In the event that you wish to terminate your account due to the price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax
WentPostal a written request to terminate services. Otherwise, the existing service will be billed at the new rate.
6.We reserve the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. The actions we take may include account suspension or termination. We do not issue any credits for accounts cancelled due to policy violations. We reserve the right to refuse service to anyone at anytime for any reason.
7.WentPostal reserves the right to change its services without notice including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered.
8.You understand that your WentPostal service may be interrupted for several reasons. This is including, but not limited to, malfunctions, maintenance, improvement or, as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service.
WentPostal shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause which similarly impedes the providing of service.
9.You agree that this service is governed by the Laws of the State of Colorado. You agree that Arapahoe County shall be the forum for any legal action relating to our services.
10.Any Internet activity which references back to WentPostal or its services in a damaging manner will result in suspension or termination of
account(s). Illegal Internet activity using or referencing to WentPostal or a WentPostal.com account or service will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
11.Use of WentPostal and the access of your e-mail account by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full. This agreement is effective when you first use
WentPostal and continues until service terminated by either party. If this agreement is terminated by
either party, you are still responsible for any charges on your account.
12.There is not a discount for WentPostal to forward your mail, if you choose to terminate your account with
WentPostal. It is recommended that you continue your account with WentPostal for an additional period of time for forwarding purposes. If you need your site forwarded longer, you will need to continue your account with
WentPostal for the appropriate amount of time.
13.WentPostal bills for most services in advance. Purchasers of WentPostal
services agree to be bound by the Uniform Consumer Credit Code of the State of Colorado. A service charge of 1 1/2% per month will be charged on all past due amounts. If account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
14.Billing statements will be sent via E-mail. If you wish to have your billing statement sent to you via U.S. mail, you will be levied a $2.50 fee for each bill sent to you.
15.All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by
WentPostal, your account with WentPostal will be disabled and you will be charged a $40.00 service fee.
16.The use of your WentPostal account to send out any bulk and/or unsolicited e-mail, commercial or otherwise is strictly prohibited. Bulk e-mail is defined as identical or similar e-mail messages sent to 25 or more recipients. Any violation of this policy will result in the immediate termination of your
WentPostal account.
17.Impersonating another user or otherwise falsifying one's username in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
18.You shall be held liable for any and all costs incurred by WentPostal as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
WentPostal's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.
