Terms & ConditionsDigital Business Concepts Inc., doing business as Freedom Mailbox ("Freedom Mailbox", "DBC", "DBC Inc", "We" or "us"), is a US Domestic Corporation that is licensed to use and to sub-license use of an Internet site ("Site") that provides mail forwarding, mail scanning, check deposit, and mail management services ("Services" or "Virtual Mailbox") to commercial and residential registered users and authorized co-users ("Customer"). By using the Services, you are entering into an agreement with Freedom Mailbox for use of the Services ("Agreement") on the terms and conditions set forth herein ("Terms") and governed by the laws of the Commonwealth of California.
1. Customer agrees that Customer will not use the Virtual Mailbox or any Freedom Mailbox services for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. Customer further agrees that any use of the Virtual Mailbox shall be in conformity with all applicable federal, state and local laws. Customer also agrees not to misrepresent the Virtual Mailbox address as the physical location of the Customer's residence or business, including but not limited to, address verification services. Each individual or entity must complete a separate U.S. Postal Service Form 1583 ("Form 1583") to be authorized to receive mail or packages at the Virtual Mailbox. However, spouses may complete one Form 1583, as long as both spouses include their separate information on the Form.
2. This Agreement and Form 1583 shall remain confidential, except that this Agreement and Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, Customer agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. Customer further agrees to sign an updated version of this Agreement and Form 1583 upon request.
3. Possession of the Virtual Mailbox username and password shall be considered valid evidence that the possessor is duly authorized to remove any contents from the Virtual Mailbox. In the event of death or incapacity of the Customer, Freedom Mailbox will require the appropriate documents from the Probate Court, the executor of the estate, the trustee or other similar person or entity before releasing mail or packages to a requesting party.
4. Customer agrees to pay applicable monthly service fees. The monthly service fee is not refundable upon expiration, cancellation or termination of this Agreement. Virtual Mailbox service fees are all due and payable in advance and Customer agrees that Freedom Mailbox may hold mail and packages pending payment. There will be no pro-rations or refunds for cancellation of any service. Customer agrees to pay a late fee of $25.00 if any payment is not received within five (5) days of when due. Virtual Mailbox service fees and other related fees stated herein are subject to change. In the event that Customer receives an unreasonable volume of mail or packages at the Virtual Mailbox according to the Freedom Mailbox's reasonable judgment, Freedom Mailbox may require the Customer to upgrade to a larger plan and/or pay any additional charges. Freedom Mailbox reserves the right to increase the Virtual Mailbox service fees in the event that Customer adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at the Virtual Mailbox pursuant to Form 1583.
5. Customer agrees to a 90-day provisional period, starting from the date in which the Virtual Mailbox service is activated, in an effort to allow Freedom Mailbox staff time to determine Customer's mail usage. In the event that Customer receives mail or packages at the Virtual Mailbox that demonstrates, according to the reasonable judgment of Freedom Mailbox mail handling staff, that the Virtual Mailbox is being used for the primary purpose of business verification or for any reason stated in Section 1 above, Freedom Mailbox reserves the right to deny any open and scan or mail forwarding requests for such mail items until Freedom Mailbox can investigate further.
6. Upon expiration, cancellation or termination of this Agreement, Freedom Mailbox provides two options for managing any mail received after expiration, cancellation or termination. If Customer fails to select either option prior to cancellation, then option two (2) is default and option one (1) becomes void. Local pickup of mail is not available.
6.1. Re-mail (i.e., forward) Customer's USPS mail for six (6) months, provided that:
6.1.a. Customer pays the appropriate postage plus a $5 forwarding fee per forwarding envelope and /or package in advance.
6.1.b. Customer agrees to pay a forwarding deposit with Freedom Mailbox to be used for future mail forwarding purposes.
6.1.b.1 Deposit must be made PRIOR to expiration, cancellation or termination of agreement. If Customer fails to make or agree to the deposit, option one (1) shall be considered void and option two (2) will be default option selected.
6.1.c. Forwarded mail is sent via USPS First-Class or Priority Mail only.
6.1.d. Customer shall advise and update all correspondents of their new mailing address, not that as provided by Freedom Mailbox.
6.2. Do not forward mail.
6.2.a. Customer shall advise and update all correspondents of their new mailing address, not that as provided by Freedom Mailbox.
6.2.b. Customer hereby instructs Freedom Mailbox to discard or destroy any mail received or remaining in Customer's mailbox in accordance with USPS DMM 508 Section 1.8.3.
7. The term of this Agreement shall be the initial period paid for by Customer and any renewal period paid for by Customer from time to time. Renewal of this Agreement for additional terms shall be at Freedom Mailbox's sole discretion.
8. Customer agrees that Freedom Mailbox may terminate or cancel this Agreement for good cause at any time by providing Customer thirty (30) days written notice. Good cause shall include, but is not limited to:
8.a. Customer abandons the Virtual Mailbox;
8.b. Customer uses the Virtual Mailbox for unlawful, illegitimate or fraudulent purposes;
8.c. Customer fails to pay monies owed when due;
8.d. Customer receives an unreasonable volume of mail or packages;
8.e. Customer engages in offensive, abusive or disruptive behavior toward other customers of Freedom Mailbox or Freedom Mailbox's employees; and
8.f. Customer violates any provision of this Agreement. Customer acknowledges that, for the purpose of determining good cause for termination of this Agreement as provided herein, the actions of any person authorized by Customer to use the Virtual Mailbox will be attributed to Customer.
9. Any written notice to Customer required or permitted under this Agreement shall be deemed delivered twenty-four (24) hours after assignment of such notice in the Customer's Virtual Mailbox or via email to the Customer's email address on file with Freedom Mailbox.
10. As Customer's authorized agent for receipt of mail, Freedom Mailbox will accept all mail, including registered, insured and certified items. Unless prior arrangements have been made, Freedom Mailbox shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from Freedom Mailbox as a condition of delivery. Customer must accept and sign for all mail and packages upon the request of Freedom Mailbox. Packages not requested forwarded within five days of notification will be subject to a storage fee of $5.00 per day per package, which must be paid before Customer receives the package. In the event Customer refuses to accept any mail or package, Freedom Mailbox may return the mail or package to the sender and the Customer will be responsible for any postage or other fees associated with such return. C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to Freedom Mailbox.
11. Customer agrees to protect, indemnify, defend and hold harmless Freedom Mailbox, and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs and causes of action of every type and character arising out of or in connection with the use or possession of the Virtual Mailbox, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from such use or possession, from failure of the U.S. Postal Service or any commercial courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), from damage to or loss of any package or mail, or to the Virtual Mailbox contents by any cause whatsoever, and from any violation by Customer of applicable federal, state or local laws.
12. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF FREEDOM MAILBOX, 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.
13. Customer must use the exact mailing address for the Virtual Mailbox without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed "Undeliverable as Addressed."
14. Delivery by commercial courier services must be made to Freedom Mailbox street address only (and not to a P.O. Box). "P.O. Box" may be used only if it is part of Customer's "Caller Service" (arrangement for delivery of mail through Freedom Mailbox using a U.S. Postal Service address) address format. Upon signing this Agreement, Customer shall provide two forms of valid identification, one of which shall include a photograph. This Agreement may not be amended or modified, except in a writing signed by both parties.
15. Freedom Mailbox reserves the right to open and inspect any packages or mail which may arrive damaged or that may be otherwise of questionable integrity or legality.
16. By agreeing to this agreement, you forfeit all right to bring a suit against Freedom Mailbox for any reason. In return, you will receive the Virtual Mailbox and related services. You will also make every effort to obey U.S. law and the laws of the Commonwealth of California, as listed in writing and as explained to you verbally. You agree to ask for clarification when needed.
17. The Customer shall indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of, or relating to, the Freedom Mailbox services under this Agreement.
18. This Agreement, and any accompanying appendices, duplicates, or copies, constitute the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this Agreement.
19. This Agreement may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable).
20. If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
21. This Agreement shall not be assigned by either party without the express consent of the other party.
22. A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
23. This Agreement is to be governed by and construed in accordance with the laws of the Commonwealth of California without reference to any principles of conflicts of laws, which might cause the application of the laws of another State Admitted to the Union (the "United States of America", or the "Union"). Territories and Protectorates of the Union are hereby discarded and no action may be taken within them against Freedom Mailbox.
24. The laws of the Commonwealth of California shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
25. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the Commonwealth of California. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE COMMONWEALTH.
By continuing, you agree to accept the entirety of this Agreement.