Terms & Conditions for Mailbox Renters

Last Revision: January 1, 2020

MAIL2HUT

VIRTUAL MAILBOX RENTER AGREEMENT

THESE TERMS & CONDITIONS FORM A BINDING AGREEMENT; PLEASE

REVIEW THEM CAREFULLY

  • This Agreement, which sets forth the terms of Renter’s access to and use of the Services, is effective as of the date that this Agreement is accepted by Renter or on Renter’s behalf (the "Effective Date"). Renter agrees as follows:
  • 1. Background on this Agreement
    This Agreement is for Renter’s access to and use of the Mail2Hut Services and the digital and remote mailbox services provided to Renter thereby (such mailbox services being referred to herein as Renter’s "Mailbox"). The Services consist of software, websites and online services that will allow Renter to have its postal mail scanned, after which Renter can view and manage this scanned mail via a digital mailbox provided by Mail2Hut’s online, digital platform.
  • 2. Authorization and Required Documentation
    2.1 Authorization. By executing this Agreement, Renter is expressly authorizing Mail2Hut to view, scan and provide Renter with information regarding, and with scans of the outside of, Renter’s physical mail received by Mail2Hut, as well as scans of the internal contents of such mail where authorized by Renter in accordance with this Agreement. Moreover, each time Renter (including anyone with the actual or apparent authority to act on Renter’s behalf) uses the Services to request any specific Action Item (as defined in Section 4 below), Renter is giving its express and legally binding authorization for Mail2Hut to perform such Action Item.
  • 2.2 Standard Mail. Renter also hereby authorizes Mail2Hut to discard or recycle any and all "Standard Mail" (as that term is defined by the United States Postal Service (the "USPS")), sometimes also referred to as "junk mail," which may include (without limitation) flyers, circulars, catalogs and other advertising or promotional materials, as well as any other mail that has been postmarked "Standard," "Std," "Std Pre-Sort," "non-profit," or with such other markings as the USPS may from time to time use to identify Standard Mail. Except as Renter may otherwise require (and for which additional fees may apply), Mail2Hut will not be obligated to scan or deliver to Renter’s Mailbox any Standard Mail addressed to Renter.
  • 2.3 HIPAA; Privacy Laws. Renter understands that Mail2Hut is obligated to complywith laws and regulations regarding specific types of protected or otherwise confidential information, and that (a) the outside of an item of mail may not reveal that its internal contents include such protected or confidential information, and (b) even if the outside of an item of mail does provide such information regarding its internal contents, Renter may nevertheless use the Services to direct Mail2Hut to open the item of mail and scan its internal contents for delivery to Renter’s Mailbox.Accordingly, by executing this Agreement and accessing and using the Services, Renter is giving express authorization and consent for Mail2Hut to open, and for Mail2Hut to use the Service to deliver or otherwise scan, process or forward, all of Renter’s mail, specifically including any such mail that may be covered by or contain health and healthcare related information protected under the U.S. Health Insurance Portability and Accountability Act of 1996 (or "HIPAA"), 42 USC 1320d and45 CFR 160-164, and all other Federal, State, Commonwealth, EU, and other territorial privacy laws, as well as any executive or administrative orders issued by agovernmental authority.
  • 2.4 Legally Required Forms
  • (a) USPS Form 1583. Each individual or entity that desires to receive physical mail addressed to him, her, them or it at Renter’s mailing address (i.e., Mail2Hut) must complete a United States Postal Service ("Form 1583") in accordance with all laws, statutes, regulations, rules and manuals applicable thereto, in order to authorize the receipt of mail or packages addressed to such person at the Mail2Hut’s location. Renter agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating toservice of process. Renter further agrees to accept a revised version of this Agreement and Form 1583 whenever any information required on this Agreement orForm 1583 changes. Renter authorizes Mail2Hut to submit any Form 1583 provided by Renter, and to keep a copy of each such Form 1583 and any related documentation that Mail2Hut should deem necessary or appropriate to retain. As Renter’s authorized agent for receipt of mail, Mail2Hut will accept all mail, including registered, insured, and certified items, and, if authorized on Form 1583, restricted mail (i.e., mail where the sender has paid a fee to direct delivery only to an individual addressee or addressee’s authorized agent). Unless prior arrangements have been made, Mail2Hut shall only be obligated to accept mail or packages delivered by commercial carrier services, which require a signature from the Operator as a condition of delivery. Renter must accept and sign for all mail and packages upon the request of the Operator. In connection with the foregoing, Renterspecifically acknowledges and agrees that:
  • (i) Mail2Hut has the right to refuse to accept any mail or package item until Mail2Hut has approved (to be given in the Mail2Hut’s sole and absolute discretion) Renter’s Form 1583 and activated Renter’s Mailbox, and until Mail2Hut has a valid Form 1583 on file for Renter, the Mail2Hut legally cannot provide Renter with mail received by Mail2Hut and addressed to Renter, and instead, on the next business day, Mail2Hut must return any such mail to the Post Office responsible for delivery, endorsed ""Undeliverable, Commercial Mail Receiving Agency, No Authorization to Receive Mail for this Addressee";
  • (ii) In order to be delivered to Renter, mail must be addressed to Renter at the exactmailing address set forth in Renter’s Form 1583, as mail without a proper address may be returned to the sender endorsed "Undeliverable as Addressed";
  • (iii) Mail2Hut has the right to refuse to accept any mail or package addressed to Renter due to the size or other condition of the mail or package or the circumstances of its transmission, delivery, or arrival;
  • (iv) Once Renter has completed Form 1583, Mail2Hut will have final determination regarding acceptance of any mail, and Renter will not begin forwarding mail to Mail2Hut’s address until Renter has been notified that Mail2Hut has approved Renter’s application; if Mail2Hut has otherwise failed to approve Renter’s application, then Renter’s mail will be returned to its senders endorsed "Undeliverable as Addressed," and if Renter does not have a valid Form 1583 on file with Mail2Hut, then Renter’s mail will be returned in accordance with Section 2.4(a)(i) above;
  • (v) Mail2Hut delivers scanned copies of mail to renter accounts via digital mailboxesprovided via the Services, and Mail2Hut does not warrant that all mail will be timely or accurately delivered, or that mail will never be mistakenly assigned to another account, and Renter acknowledges that under no circumstances will Mail2Hut be liable to the intended recipient, or to any incorrect recipient;
  • (vi) Mail2Hut will, promptly after being made aware of any incorrectly delivered mail, exercise commercially reasonable efforts to notify both the intended recipient and the unintended recipient, and to remove incorrectly delivered mail from the applicable digital mailbox; and
  • (vii) Mail2Hut may refuse to continue to process Renter’s mail at any time, with or without prior notice, and for any reason (including for no reason).
  • 2.5 Unlawful or Suspicious Activity. Renter will immediately notify Mail2Hut of any suspected or actual fraudulent, unauthorized, illegal, improper or suspicious useof the Services, as well as of any other breach of security or unauthorized or illegal activity that Renter reasonably suspects to be occurring in connection with the Services.
  • 2.6 Privacy Policy. A complete statement of Mail2Hut’s current privacy policy (the "Privacy Policy") can always be on www.mail2hut.com. The Privacy Policy (including any amendments thereto from and after the Effective Date hereof) is expressly incorporated into this Agreement by this reference, and Renter’s access toand use of the Services constitutes Renter’s acceptance of and agreement to the Privacy Policy as part of this Agreement. If there is any conflict between this Agreement and the terms of the Privacy Policy on any matters relating to the privacy of information or data, the terms of the Privacy Policy will prevail.
  • 2.7 Additional Terms. From time to time during the Term of this Agreement (as defined in Section 6 below), Mail2Hut may expand or modify the Services by offering new, additional or modified products or services ("Additional Services") that Mail2Hut is including as part of the Services; occasionally, these Additional Services will be subject to additional terms and conditions of use ("Additional Terms"); Mail2Hut will present any such Additional Terms in conjunction with its introduction of the applicable Additional Services, and unless the Additional Servicesare optional (in which case Renter will be required to separately accept the Additional Terms prior to any use of these optional Additional Services), any Additional Terms that Mail2Hut promulgates will automatically be binding on Renter,and will hereby be deemed incorporated into this Agreement by this reference. If Renter does not agree to the Additional Terms, then Renter’s sole recourse will be toterminate this Agreement and cease all use of the Services.
  • 3. Access to the Services
  • 3.1 Requirements. In order to access and use the Services, Renter will need to register with Mail2Hut, and then follow all Mail2Hut instructions and steps for creating an account with Mail2Hut (including, without limitation, by providing complete and accurate answers to all Mail2Hut requests for information in connection with that account registration process). After registering, once Renter has accepted and agreed to this Agreement and submitted all information and documents required hereunder, Renter will be provided with access to the Mail2Hut dashboard, for use in accessing the Services during the Term as permitted by this Agreement; provided, that Mail2Hut will be entitled to commence invoicing Renter upon Renter’s execution of this Agreement (and Renter will be obligated to pay suchinvoices in accordance with the terms hereof and as required for Renter’s chosen Services), notwithstanding that Renter has not yet submitted to Mail2Hut all documents required in order to enable Mail2Hut to perform such Services, and notwithstanding that Renter may not yet be receiving postal mail at Mail2Hut (e.g., for one or more of the reasons identified in Section 2.4(a) above).
  • 3.2 Account Access and Security. The individual identified for account access in Renter’s registration materials is the sole authorized user of Renter’s account and has been or will be provided with instructions on how to create an account and access the Services. Renter will be responsible for maintaining the confidentiality of its password and any account number or other confidential account information selected by Renter or provided by Mail2Hut for access to the Services. Renter will besolely and fully responsible for all activities that occur under Renter’s name or account, or with the use of Renter’s login information or password. Mail2Hut has no control over the use of any renter account and expressly disclaims any liability derived therefrom. If Renter suspects that any unauthorized party may be using Renter’s login, password or account, or that there has been any other breach of security relating to the Services or Renter’s access thereto, Renter will contact Mail2Hut immediately and will fully cooperate with Mail2Hut in any investigation into such unauthorized access or use.
  • 3.3 Suspension of Access. Mail2Hut may, in its reasonable discretion and without prior notice to Renter, suspend Renter’s access to and use of the Services at any time if Mail2Hut believes that (a) Renter is in breach of any obligations under this Agreement; (b) Renter’s use of the Services poses a security risk; (c) Renter’s use ofthe Services violates, misappropriates, or infringes the rights of Mail2Hut; or (d) Renter’s use of the Services imposes unexpected or excessive demands on Mail2Hut, or on other users of the Services. Upon any such suspension, Renter and Mail2Hut will cooperate in good faith to identify the cause of the issue giving rise to the suspension, and without limiting any of Mail2Hut’s other rights, no suspension will be lifted until Renter can demonstrate to Mail2Hut’s reasonable satisfaction thatRenter has removed or otherwise remedied the issue or issues giving rise to the suspension
  • 4. Available Services
  • 4.1 Action Items.
  • (a) Initial Action Items. Once Mail2Hut has scanned the outside of an item of Renter mail, Renter can then direct Mail2Hut via the Services to perform certain initial actions (each, an "Initial Action Item"), for which Renter will be charged theapplicable fee set forth in the Fee Schedule (defined below).
  • (i) Open and scan the internal contents of the mail;
  • (ii) Hold the mail for pick-up;
  • (iii) Physically store the item of mail;
  • (iv) Shred or recycle the mail;
  • (v) Forward the (physical, unopened) mail to an address specified by Renter.
  • (b) Subsequent Action Items. Once Mail2Hut has performed any of the Initial Action Items listed above that result in Renter being provided with additional information about the nature or contents of an item of Renter mail, Renter will have the option to further direct Mail2Hut via the Services to perform certain additional actions(each, a "Subsequent Action Items,." and together with the Initial Action Items, collectively, the "Action Items”. In general, Subsequent Action Items are expected to include the following:
  • (i) Shred or recycle a mail item that has been opened and scanned;
  • (ii) Hold an opened item of mail for pickup, or continue to physically store pending further instructions;
  • (iii) Forward the opened item of mail to an address specified by Renter;
  • (iv) Unpack a larger parcel for individual reshipment of items contained therein;
  • (v) Consolidate multiple smaller parcels into a single larger package for reshipment; or
  • (c) Renter Inaction. Where Renter’s Initial Action Item is to request that the internal contents of an item of mail be scanned, once the scanned item becomes available in Renter’s Mailbox Renter will then have ten days in which to select a Subsequent Action Item. If Renter fails to select a Subsequent Action Item within such 10-day period (the "Next Action Period"), then Renter may (at an Mail2Hut’sdiscretion or pursuant to an Mail2Hut’s terms) begin to incur storage fees for the continued storage of the physical item of mail. In addition, and notwithstanding any incurring storage fees charged to Renter for the scanned mail item, if Renter has notselected a Subsequent Action Item prior to expiration of the Next Action Period applicable to a scanned mail item, Mail2Hut will have no obligation to retain and continue to store the physical item of mail, and may elect to destroy (by shredding or other reasonably secure means) any such item of scanned mail. For clarity, an Mail2Hut will have no liability to Renter whatsoever for any physical item of mail that has been opened and scanned by Mail2Hut, where Renter fails to specify a Subsequent Action Item prior to expiration of the Next Action Period applicable to such item of mail.
  • (d) Renter Responsibility. Renter understands and agrees that any decision to provide, terminate or modify an Action Item will be made by Mail2Hut in its sole discretion. Renter is and will at all times be solely responsible for Action Item requests and/or other instructions to perform Services, and Renter will be responsible for payment of all fees and expenses associated therewith. Mail2Hut willnot be responsible (whether to Renter or to any third party) for items that are recycled or shredded as a result of Renter’s request or direction, or for the results ofany other Action Items that are taken pursuant to Renter’s instructions or at Renter’s direction, and by using the Services to request performance of any Action Item, Renter is giving its express and legally binding authorization to Mail2Hut to perform such Action Items. Without limiting any of the foregoing, Renter understands and agrees that Renter will be solely responsible for confirming and otherwise ensuring that Mail2Hut has the complete, up-to-date and otherwise accurate information required for Mail2Hut to perform any Subsequent Action Item requested by Renter.
  • 4.2 Unauthorized Mail. In the event that postal mail content or information belonging to a person outside of Renter’s account appears in Renter’s Mailbox by means other than a transfer from the addressed user ("Unauthorized Mail"), Renter will not take or request any Action Item with respect to such mail, other than to alert Mail2Hut that Renter has received Unauthorized Mail. Renter further agrees not to view, read, copy, print, or otherwise distribute, disseminate, disclose, or use for any purpose any content or other information on or within a piece of Unauthorized Mail. Renter agrees that violation of this paragraph will be grounds forimmediate termination of Renter’s account, at Mail2Hut’s sole discretion, and that failure to comply with Renter’s obligations, as stated above and elsewhere in the Agreement, in connection with any Unauthorized Mail may expose Renter to criminal and/or civil liability, including responsibility for monetary damages.
  • 4.3 Changes to Features and Action Items. Renter understands and agrees that Mail2Hut reserves the right, at any time and without liability, to change the featuresand functionality of the Services, which changes might include, without limitation and by way of example only, adding or removing Action Items, or changing the fees charged for certain features of the Services. Mail2Hut will use commercially reasonable efforts to provide Renter with prior notice of any such changes made during the Term hereof. If Renter does not agree to any changes, Renter’s sole course of action will be to stop using the Services and terminate this Agreement in its entirety.
  • 5. Pricing and Effect of Nonpayment
  • 5.1 Fees. Each Site that offers registration for the Services will include information regarding the fees applicable to (and Services provided under) available subscription plans, as well as Renter’s pricing for optional Services not included in or above the included limits of a chosen subscription plan (all such pricing, collectively, the "Fee Schedule"). The Fee Schedule applicable to Renter’s selected Services (as such Fee Schedule may be amended from time to time by Mail2Hut) is hereby incorporated into this Agreement by this reference. All fees for Services are subject to change at any time, and once paid, are non-refundable; Renter can view the then-current Fee Schedule at any time by accessing the sectionof the Mail2Hut Site with Renter’s plan and pricing information, such that Renter willalways be able to determine the fees for an Action Item before initiating a request, as well as the fees for a Mail2Hut subscription any time Renter desires to renew, extend or upgrade the Services provided under this Agreement. It will be Renter’s obligation, and a condition of Renter’s continued access to and use of the Services, to make timely payment of all fees for Services purchased under Renter’s account.
  • 5.2 Security Deposit.
  • (a) Mail2Hut may require that Renter provide a security deposit (the "Security Deposit"), in order to initiate Service and obtain a Mailbox hereunder, to be held byMail2Hut as security for Renter’s faithful and timely performance of its obligations under this Agreement. In addition, Mail2Hut may require that Renter provide a Security Deposit (or an increase to the Security Deposit then held by Mail2Hut) at any time during the Term (including, for the avoidance of doubt, where Renter was not previously required to provide any Security Deposit), where Mail2Hut has reasonable concerns regarding, or reasonable doubt about, Renter’s ability to continue to meet its payment obligations under this Agreement. Mail2Hut will notify Renter in writing of any such requirement for a new Security Deposit or an increase to Renter’s Security Deposit amount, and Renter will promptly provide Mail2Hut withthe requested amount.
  • (b) If Renter fails to pay any fees due hereunder, or otherwise defaults under this Agreement, Mail2Hut may use, apply or retain all or any portion of Renter’s SecurityDeposit for the payment of any amount due to Mail2Hut, or to reimburse or compensate Mail2Hut for any liability, expense, loss or damage which Mail2Hut maysuffer or incur by reason thereof. If Mail2Hut uses or applies all or any portion of the Security Deposit, then Renter will, within 10 days after Mail2Hut’s written request therefor, provide Mail2Hut with money sufficient to restore the Security Deposit to the full amount then required by Mail2Hut.
  • (c) Within 30 days after the expiration or termination of this Agreement, Mail2Hut will return to Renter that portion (if any) of the Security Deposit not used or applied by Mail2Hut as permitted hereunder, including (without limitation) against any amounts then due from Renter. No part of the Security Deposit will be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Mail2Hut under this Agreement.
  • 5.3 Suspension for Nonpayment. It will be Renter’s obligation to pay all invoices when due (which, depending upon the nature of Renter’s Services or any particular Action Items may be in advance, upon execution of the Action Item, or within some prescribed period of time thereafter), and Renter’s account will be placed in suspension and made inactive if Mail2Hut (as applicable based on the fees incurred)should fail to receive Renter’s timely payment of amounts due hereunder. A Renter account that is made inactive will retain all digital mail and other information and data, but will be unavailable to and inaccessible by Renter until Renter’s account is brought current by payment (and Mail2Hut’s receipt, as applicable) of amounts sufficient to cause Renter’s account balance to equal or exceed $0. Mail2Hut may also lock Renter’s access to the Services in the event Mail2Hut should have a reasonable basis to believe Renter is using or attempting to use the Services for illegal purposes or in violation of this Agreement. Notwithstanding anything set forthherein, Renter will continue to incur charges in respect of Services and Action Items that are required to be executed on Renter’s account, even while such account has been made inactive or otherwise suspended. In addition, and without limiting the foregoing or any of Mail2Hut’s other rights under this Agreement or under applicable law, if Renter should fail to restore an account that has been suspended and made inactive hereunder to at least a $0 balance within 30 days after the date of suspension, Mail2Hut will have the right to terminate Renter’s account and permanently delete all digital mail items and any other information or data stored inRenter’s Mailbox or otherwise retained for Renter or on Renter’s behalf.
  • 6. Term and Termination
  • 6.1 Terms and Termination The term of this Agreement (the "Term") will begin onthe Effective Date and continue until terminated in one of the following ways:
  • (a) Termination by Renter for Convenience. Renter may terminate this Agreement at any time by sending written notice of termination to Mail2Hut; provided, that no termination by Renter under this paragraph will be effective until Renter has complied with any and all terms in place between Renter and Mail2Hut. While there is no fee for Renter to terminate this Agreement, Renter will be requiredto take certain steps in order for any termination by Renter to take effect hereunder.These steps are described in Section 6.2 below, together with the information and instructions that will be required from Renter in connection therewith. Except as Renter and Mail2Hut may otherwise agree in writing, Mail2Hut will terminate its invoicing of Renter for the Services (excluding, for avoidance of doubt, and Services that Renter elects to continue following termination of this Agreement) within sevenbusiness days after the date that Mail2Hut receives written notice of termination from Renter that satisfies all applicable requirements of this Agreement
  • (b) Termination For Breach or Other Violations. Mail2Hut will be entitled to suspend Renter’s access to and use of the Services, or terminate this Agreement in its entirety, immediately (subject only to the cure period provided under clause (iv) below) upon the occurrence of any of the following:
  • (i) Renter fails to provide, or Mail2Hut is unable to validate, complete and accurate responses to all information required during the account registration process or at any time thereafter while this Agreement remains in effect;
  • (ii) Renter has not completed Form 1583 within a reasonable time after Renter registers for the Services;
  • (iii) Renter behaves in a way that is offensive, abusive, violent, disparaging, threatening or disruptive towards Mail2Hut.
  • (iv) Renter fails to make any payment when due hereunder, or commits any other breach of this Agreement, and fails to remedy the breach to Mail2Hut’s satisfaction within five business days after Mail2Hut provides Renter with notice thereof.
  • 6.1 Termination Process.
  • (a) Termination Process. In general, the Mailbox closure and termination process occurs in three steps: (i) upon any initiation of the termination process, whether by Renter, or by Mail2Hut , Renter’s account is put into "Inactive" status (such that Renter will no longer have access to the Services, as described in Section 6.2(b), below) as steps are begun to remove the Mailbox and terminate this Agreement; (ii) after Mail2Hut has removed an "Inactive" Mail2Hut puts that renter into "Closed" status; and, (iii) once Renter has made a written election under Section 6.2(d) below, or if Renter fails to make an election within 180 days after Renter’s account is made "Inactive" (unless Renter should take the necessary steps to reopen Renter’s account), Renter’s account will become "Terminated." These three steps, and their effects on Renter’s access to and use of the Services, are described in more detail below.
  • (b) Inactive Accounts. Once Renter’s written request for termination has been received by Mail2Hut, or where the termination process is otherwise initiated under Section 6.1(b) above, the Renter’s account will be put into "Inactive" status, which means that Renter will no longer be able access or use the Services (except to the limited extent required for Renter’s compliance with this Section), and Mail2Hut will begin to cancel all pending Services. Inactive status represents the first step toward a "Closed" and then "Terminated" account, at which point all of Renter’s data will beautomatically and irretrievably deleted. Where Renter has submitted the request fortermination, Renter must cease using the Services and must commence deleting copies of any Mail2Hut software or materials that Renter has in its possession, on itscomputers or other electronic devices, or otherwise under its control.
  • (c) Closed Accounts. Once Renter’s account is Inactive, unless Renter acts promptly (and with written notice to Mail2Hut) to reopen the account, Mail2Hut will be entitled to remove or disable Renter’s Mailbox. If Renter initiated the termination process under Section 6.1(a), then after seven days Renter’s account will be deemed "Closed"; for a termination process initiated under Section 6.1(b), Renter’s account will be deemed "Closed" 60 days after becoming Inactive if Renter has not acted to cure the breach or other violation under Section 6.1(b). Once Closed, Renter’s Mailbox will no longer be assigned to Renter, and this Agreement will terminate. As a result, Renter will no longer be able access the Services or Renter’s Mailbox, and any and all pending Services will be finally canceled. Renter’s physical mail remaining in Mail2Hut possession will be held until Renter’s account is finally terminated, at which point (as described in more detail below) Mail2Hut may be entitled to destroy any mail remaining its possession and can refuse any new mail arriving addressed to Renter.
  • (d) Terminated Accounts. 60 days after Renter’s account becomes "Closed," unless Renter has provided written notice of Renter’s desire to reactivate the account (and paid any and all required fees, which must be paid within 90 days after Renter’s account became "Inactive"), Renter’s account will become "Terminated," at which point Mail2Hut will be entitled (except as may be limited by applicable law) to finally and permanently delete Renter’s Mailbox and any and all data associated with Renter’s account. In addition, once Mail2Hut has complied withUSPS regulations and/or other applicable laws (which may require, for example, thatMail2Hut continue to hold Renter’s mail for six months after termination, subject to any contrary instructions from Renter delivered under this Agreement) Mail2Hut will be entitled to destroy any all of Renter’s physical mail remaining in its possession, and to refuse any new mail arriving addressed to Renter. The foregoing notwithstanding, once a Renter’s account becomes Terminated, Mail2Hut may retainsuch copies of the Renter’s account data as either of them may deem appropriate intheir sole discretion, including (but not limited to) for compliance reasons.
  • 6.3 Election by Renter; Effects of Termination
  • (a) By entering into this Agreement, Renter is expressly electing and providing Mail2Hut with "Do Not Forward Mail" instructions. Unless and only to the extent that Renter and Mail2Hut expressly agree in writing to the contrary, Renter will be deemed to have elected to maintain these instructions following termination of this Agreement, such that Renter’s mail will thereafter be handled in accordance with the USPS DMM 508 Section 1.8.3. For the avoidance of doubt, the provisions of this Agreement (and Renter’s agreement thereto) are intended to constitute "written instructions" to Mail2Hut (as Renter’s CMRA) under USPS DMM 508 Section 1.8.3 that Renter’s mail not be re-mailed upon termination of the relationship between Renter and Mail2Hut.
  • (b) Renter understands and agrees that any change to its "Do Not Forward Mail" instructions, as described in Section 6.3(a) above, will require a separate writing signed by Renter and Mail2Hut and an advance payment of any postage and other applicable fees, typically to cover a period of at least six months after. Alternatively,Renter will have the ability to change its instructions regarding treatment of its mail following termination in accordance with the following provisions, together with those set forth in under USPS DMM 508:
  • (i) Re-Mailing. Renter may request that Mail2Hut re-mail Renter’s mail (other than Standard Mail) to Renter for six months after termination, Renter may be required toprovide advance payment for postage, packaging material, mail storage and forwarding fees in accordance with Mail2Hut terms; or
  • (ii) Mail Storage. Renter may request that Mail2Hut store Renter’s mail or packages for up to six months after termination, which may require payment by Renter of a monthly storage fee and possibly services fees related to Renter’s collection of its mail from Mail2Hut, and it will be Renter’s responsibility to make arrangements withMail2Hut to identify and pay for any mail storage needs prior to any termination of this Agreement.
  • (c) This section, together with any other terms of this Agreement that expressly extend or by their nature should extend beyond termination or expiration of this Agreement, will survive and continue in full force and effect after any termination orexpiration of this Agreement
  • 7. Intellectual Property Rights
  • 7.1 License and Access Rights.Subject to Renter’s compliance with the terms and conditions of this Agreement, Mail2Hut grants Renter the right and license during the Term to access and use the Services, including any Mail2Hut dashboard or other interface provided by Mail2Hut to enable or otherwise facilitate Renter’s access to and use of the Services for purposes of receiving, reviewing, and otherwise directing Action Items with respect to mail addressed to Renter and received at Mail2Hut location.
  • 7.2 IP Rights.This Agreement does not: (a) provide Renter with any right or license(whether expressly, by implication, by estoppel, or otherwise) under any of Mail2Hut’s intellectual property rights other than to use the Services during the Term solely in the manner and solely to the extent authorized herein; or (b) impair the right of Mail2Hut to develop, make, use, procure, protect, market and/or exploit any products or services. Mail2Hut reserves all rights not expressly granted to Renter.
  • 7.3 Backups; Data Recovery Fee Renter is, and at all times during and after the Term hereof shall be, solely responsible for maintaining current, backup copies of all scans and other materials provided to Renter via the Services. In the event that Renter should require assistance from Mail2Hut in order to restore, access or otherwise recover data or information provided hereunder that have been lost by Renter, Mail2Hut will be entitled to charge (and Renter will be obligated to pay as a condition of receiving such assistance) a data recovery fee that will be based on thetime and materials required of Mail2Hut and its personnel in order to provide such assistance.
  • 7.4 Feedback Renter may, but is not obligated to, provide Mail2Hut with feedback,comments, or suggestions regarding the Services (collectively, "Feedback"). Renter understands and agrees that: (a) any Feedback will be provided on a non-confidential basis; (b) Mail2Hut will have no obligation to review, consider, or implement any Feedback that Renter provides; and (c) Mail2Hut and its successors and assigns will have, and Renter hereby irrevocably grants and agrees to grant to Mail2Hut and its successors and assigns, perpetual and unlimited permission to use,reproduce, modify, distribute, display, and perform any Feedback and any derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback, whether in whole or in part, and whether as provided by Renter or as subsequently modified by Mail2Hut or by any third party.
  • 7.5 Confidentiality. The parties agree to preserve as confidential the non-public terms of this Agreement, as well as the Services and pricing provided to Renter hereunder, and Mail2Hut will preserve the confidentiality of each Form 1583 submitted by Renter as required by law, as well as all digital mail delivered to Renter or otherwise processed on Renter’s behalf hereunder.
  • 8. Representations and Warranties; Disclaimers
  • 8.1 Representations and Warranties. Renter represents, warrants, and covenants to Mail2Hut as follows:
  • (a) Renter has the legal right and authority to enter into this Agreement, and Renter’s entry into and performance of this Agreement do not and will not violate any other agreement to which Renter is or becomes a party;
  • (b) Renter has not falsely identified himself, herself or itself, nor provided any false information to gain access to the Services, and all information that Renter provides to Mail2Hut will be accurate and complete in all material respects, and Renter will ensure that Renter’s contact and billing information is correct at all times during theTerm
  • (c) Renter has completed and submitted the Form 1583, or will do so promptly after execution of this Agreement, and Renter’s Form 1583 will be accurate and completein all material respects; and
  • (d) Renter will not use or attempt to use the Services for any illegal purpose, and Renter will fully comply with all applicable laws, statutes, regulations, rules and manuals including but not limited to all USPS regulations, in Renter’s use of the Services and performance of this Agreement, and Renter expressly authorizes Mail2Hut to take steps necessary or advisable for their own compliance with all applicable laws, statutes, regulations, rules or manuals..
  • 8.2 Guidelines. In addition, Renter’s use of the Services must:
  • (a) comply with any guidelines set forth in the documentation provided to Renter viathe Services or included with or referenced in this Agreement, as updated from timeto time;
  • (b) comply with any and all applicable laws, rules, or regulations;
  • (c) not result in any modification or damage to, or deletion or disabling of the Services or any other Mail2Hut software or services; and
  • (d) not disrupt, interfere with, or access in an unauthorized manner the Services or any Mail2Hut servers.
  • 8.3 Disclaimer of Warranties. MAIL2HUT IS PROVIDING RENTER WITH ACCESS TO AND USE OF THE SERVICES ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, AND RENTER’S ACCESS TO AND USE OF THE SERVICES WILL AT ALL TIMES BE AT RENTER’S SOLE RISK. TO THE GREATEST EXTENT PERMITTED BY LAW, MAIL2HUT AND ITS AGENTS, AFFILIATES AND BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING ACCURACY, OPERABILITY, USE, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE SERVICE OR ANY ASPECT THEREOF.
  • 9. Limitation of Liability. MAIL2HUT WILL NOT BE LIABLE TO RENTER UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF MAIL2HUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL MAIL2HUT’S LIABILITY TO RENTER FOR ANY ACT OR OMISSION ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF $500.00 OR THE TOTAL FEES ACTUALLY RECEIVED BY MAIL2HUT FROM RENTER DURING THE SIX-MONTH PERIOR PRIOR TO THE ACT OR OMISSION GIVING RISE TO SUCH LIABILITY.
  • 10. Release of Claims. In consideration for access to and use of the Services and any Mailbox provided hereunder, Renter (to the maximum extent permitted by law) hereby waives, releases and discharges Mail2Hut, and all the respective officers, agents, representatives, contractors and employees (collectively, "Releasees"), from any and all claims or causes of action for losses, expenses, harm, damages or liabilities (collectively, "Claims") that may be sustained at any time (including aftertermination of this Agreement) by Renter or anyone affiliated with Renter, as a result of, arising out of or otherwise in connection with this Agreement and/or the Services, the Mailbox, or any information, materials or services provided or made available to Renter hereunder. In making this release, Renter understands and agrees that Renter is voluntarily assuming full responsibility for any and all risk of loss, damage, expense, unauthorized disclosure or other harm that may result from or arise out of this Agreement or the action or inaction of any Releasee, including (without limitation) any such loss, damage, expense, unauthorized disclosure or other harm that may be caused by the negligent act or omission of any one or moreReleasees.
  • 11. Miscellaneous
  • 11.1 Assignment. This Agreement is personal to Renter, and Renter may not assign or transfer this Agreement (or any of Renter’s rights or obligations under this Agreement) to any third party without the prior written consent of Mail2Hut, to be given or withheld in each of their sole discretion. Any attempted assignment or transfer without Mail2Hut’s express consent will be void. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and permitted assigns.
  • 11.2 Entire Agreement.This Agreement supersedes any and all prior discussions and writings regarding, and constitutes the entire agreement between Mail2Hut andRenter with respect to, Renter’s access to and use of the Services. Renter understands and agrees that no employee, agent, or other representative of Mail2Hut will have any authority to bind Mail2Hut with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in this Agreement or in a separate writing that has been signed by Renter and by an authorized representative of Mail2Hut.
  • 11.3 Amendments. Mail2Hut reserves the right, at its sole and absolute discretion, to revise, modify, add to, supplement, delete or otherwise change any of the terms and conditions of this Agreement (including, for the avoidance of doubt, any terms of the Privacy Policy) at any time, effective with or without prior notice to Renter and without any liability to Mail2Hut. Mail2Hut will endeavor to notify Renter of any such changes, but will not be liable for any failure to do so. If any such changes to this Agreement are unacceptable to Renter or cause Renter to no longer be in compliance with this Agreement, then Renter must immediately stop all use of the Services. Renter’s continued use of the Services following any changes to this Agreement will constitute Renter’s acceptance of and agreement to any and all suchchanges. This Agreement may not otherwise be modified as between Mail2Hut and Renter, except and only to the limited extent of any written amendment that has been signed by Renter and by an authorized representative of Mail2Hut.
  • 11.4 Indemnification Renter will indemnify, defend, and hold harmless Mail2Hut, and each of the respective officers, directors, managers, members, employees, contractors and agents (collectively, "Indemnitees") from and against any and all claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) Renter’s use of and accessto the Services; (b) Renter’s selection of, registration with, payment to and use of Mail2Hut location chosen by Renter to receive Renter’s physical mail and scan that physical mail for identification and delivery to Renter via the Services; or (c) Renter’s breach or threatened breach of this Agreement (including, without limitation, any failure by any of Renter’s employees, contractors, end users affiliates, associates, relatives or other acquaintances to comply with any of the terms and conditions of this Agreement). An Indemnitee will use commercially reasonable efforts to provide Renter with prompt notification of any claim for which it seeks indemnification hereunder, but any failure to provide such notice will not limit Renter’s obligation to indemnify an Indemnitee except to the extent that Renter can demonstrate material harm as a result of such failure to provide prompt notice. Indemnitees will cooperate in Renter’s defense of any claim, at Renter’s sole expense. Renter may not settle any claim against an Indemnitee in a manner that adversely affects such Indemnitee without the prior written consent of such Indemnitee, which consent will not be unreasonably withheld. An Indemnitee may participate in the defense of a claim through counsel of its own choice at its own expense; provided, however, that if Renter is unwilling, or if an Indemnitee reasonably determines that Renter is unable to defend its interests, then such Indemnitee may assume the defense against any claims at Renter’s expense. An Indemnitee will not settle any claim for which Renter has an indemnification obligation hereunder without Renter’s prior written consent, which consent will not be unreasonably withheld or delayed.
  • 11.5 Governing Law and Venue. This Agreement is to be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law principles, and all claims arising out of or relating to this Agreement or the Services will be governed by U.S. Federal law and by Florida law, without reference to any conflict of law rues, except to the extent that Florida law is contrary to or preempted by U.S. Federal law. As further provided in Section 11.5 below (and subject to any exceptions set forth therein), all claims by Renter arising out of or relating to this Agreement or the Services that cannot be resolved by good faith negotiations between the parties will be resolved by binding arbitration before a single arbitrator, such arbitration to be held exclusively in Miami, Florida, in accordance with the JAMS Streamlined Arbitration Rules & Procedures, and by executing this Agreement and using the Services, Renter is agreeing to the arbitration agreement set forth herein, and is waiving its rights to a trial by jury or to participate in a class or representative action. For the avoidance of doubt, the United Nations Convention for the International Sale of Goods and any other United Nations laws or other international laws that purport to apply or could potentially apply to this Agreement shall not apply, and are expressly superseded and replacedby U.S. Federal law and Florida law as set forth above.
  • 11.6 Dispute Resolution
  • (a) Arbitration of Disputes. Mail2Hut and Renter agree to arbitrate all disputes and claims between them, where the dispute arises out of or relates in any way to the Services or this Agreement. This agreement to arbitrate is intended to be broadly interpreted and to cover any and all disputes arising hereunder to the maximum extent permitted by law; provided, that agreement to arbitrate disputes does not preclude any party from seeking an individualized preliminary injunction ortemporary restraining order until a claim is arbitrated, or from bringing an individualized action in any small claims court that has jurisdiction pursuant to Section 11.4 above; provided, that an arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of any such small claims court.
  • (b) Dispute Notice. Where a party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing (a "Dispute Notice"). If the parties are unable or unwilling to resolve the dispute within 30 days after a Dispute Notice is given, the dispute will be resolved by arbitration upon one party sending the other party or parties and JAMS a demand for arbitration. For the avoidance of doubt, no arbitration demand may be submitted until at least 30 days after all parties to the dispute have received or are deemed to have received (in accordance with Section 11.6 below) the Dispute Notice.
  • (c) Arbitration Procedures. Any dispute that cannot be resolved within 30 days after a Dispute Notice is received will be determined by an arbitration proceeding in Miami, Florida before a sole arbitrator and administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). After expiration of the 30-day period required by Section 11.5(b) above, any party to the dispute may submit a written demand for arbitration to the other party or parties to the dispute, and within ten days after the demand for arbitration is given, the parties will select a single neutral arbitrator to preside over the arbitration proceeding. If the parties fail to select an arbitrator within such ten-day period, the arbitrator will be chosen pursuant to the JAMS Rules. In addition to the powers conferred by the JAMS Rules, the arbitrator will have authority to order such other discovery as he or she deems appropriate for a full and fair hearing of the case. The arbitrator’s decision will be final and binding and the award so rendered may be filed in any court having jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
  • (d) No Class or Representative Arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief andonly to the extent necessary to provide relief warranted by that party’s individual claim without affecting other Mail2Hutusers. RENTER AND MAIL2HUT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless allaffected parties agree otherwise, the arbitrator may not consolidate more than one Renter’s claims, and may not otherwise preside over any form of a representative orclass proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
  • 11.7 Notices. To be valid, all notices permitted or required under this Agreement must in writing and delivered by hand, by email, by overnight courier, or via certified mail; provided, that email notices from Renter will only be valid where Mail2Hut expressly acknowledges and confirms receipt. In addition, and without limiting the foregoing, Mail2Hutwill be entitled to give notice to Renter hereunder via placement of the notice in Renter’s Mailbox, and any such notice so given will bedeemed delivered upon placement in Renter’s Mailbox; other notices (including, for the avoidance of doubt, any notice of termination based on Renter’s abandonment of its Mailbox, which will be delivered by overnight courier or via certified mail) will be deemed given (a) on the date delivered, if delivered by hand, (b) on the next day, if delivered by overnight courier or USPS next day delivery, or (c) five days after being sent by USPS certified mail. Mail2Hutwill send notices to Renter’s email or postal address on file with Mail2Hut, and Renter will send notices to Mail2Hut’s then-current addresses identified on the "Contact Us" page of the Mail2Hutwebsite or as accessible via the Services.
  • 11.8 Further Assurances. Renter agrees and covenants that at any time and from time to time it will promptly execute and deliver to Mail2Hutsuch further instruments and documents and take such further action as Mail2Hutmay reasonably require (such as, by way of example only, by providing a current Form 1583 or any acknowledgement form related to service of process) in order to carry out the full intent and purpose of this Agreement and deliver the Services to Renter in a lawful manner hereunder.
  • 11.9 Relationship. This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between the parties. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other. There are no intended third-party beneficiaries of this Agreement.
  • 11.10 Severability, Waiver, and Interpretation. If any provision of this Agreement is found to be unenforceable or invalid, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and, in such event, such provision is to be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. No waiver of any breach of this Agreement will constitute a waiver of any other breach. In construing or interpreting the terms of this Agreement: (a) the headings in this Agreement are for convenience only, and are not to be considered, and (b) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
  • BY TAKING ANY REQUIRED ACTION TO INDICATE ACCEPTANCE OF THIS AGREEMENT, RENTER (OR RENTER’S REPRESENTATIVE) IS ACKNOWLEDGING ITS UNDERSTANDINGOF THIS AGREEMENT, AND THAT RENTER WILL BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.