This Terms of Service (TOS) agreement is an agreement between MailItForYou ("MailItForYou", "us", "we", "our") and you ("Customer", "Client", "Member", "you", "your", "they"). Use of any MailItForYou services constitutes acceptance and agreement to this Terms of Service (TOS) agreement as well as the MailItForYou Acceptable Use Policy (AUP) and Privacy Policy.

MailItForYou reserves the right to terminate this TOS for any reason or no reason. MailItForYou reserves the right to refuse service to anyone.

Service
The features and details of the Services governed by this TOS are described on our website at "MailItForYou/Terms". Throughout this TOS, the aspects of the Services provided to you by MailItForYou, are referred to together as the "Service." Certain parts of the Service may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.

Contact Information
As part of providing you with the Service, you are required to provide us with accurate and up-to-date information when setting up your account. During the course of our business relationship we will communicate with you by e-mail about the Service from time to time. You agree to provide us with an e-mail address that is active and monitored on a daily basis. MailItForYou has no responsibility, or liability, for interruptions in the Services that we provide, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with valid contact information. The contact in our records is considered by us to be our customer and we will communicate with this contact as the account administrator. However, if there is any dispute, we will consider the person/entity who paid for the latest billing period of the account to be the owner of the account. It is your obligation to ensure that our records accurately reflect the correct ownership and control of the Service.

Service Changes
MailItForYou reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.

Service Fees
Fees are $2.00 per each letter up to 5 physical sheets of paper, and $3.00 per letter between 6 and 8 physical sheets of paper. We do not mail letters longer than 8 pages. Pages are printed on black and white, laser printer, and both sides of the paper are printed. To be clear: a 10 page letter will print on 5 physical sheets of paper, front and back. This will cost $2.00. A 16 page letter will print on 8 physical sheets of paper. This will cost $3.00. Letters are mailed via USPS First-Class Mail and as such, they do not have tracking numbers. Customer agrees that MailItForYou will not be held responsible for late, lost, damaged, or stolen letters. Customer agrees that MailItForYou will charge all Service Fees to the credit card supplied by Customer. All payments shall be made in US Currency. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. If applicable, all taxes will be paid by the Customer.

Service Credits
Should any service credits be issued to the Customer account, they will be used to offset software fees assessed in the future. Service credits are not cashable and cannot be transferred to other accounts.

Cancellation
If Customer wishes to cancel Service for any reason, the Customer must email support@mailitforyou.com. Cancellations are effective once we processes it. All customer files and data remaining on MailItForYou servers after the cancellation date may be destroyed and unrecoverable. It is the Customer's responsibility to backup their files and data prior to requesting Cancellation. MailItForYou is not responsible, and Customer agrees to hold MailItForYou harmless from any liability or damage that Customer or any third party may sustain, should customer files and data be destroyed after cancellation.

Refunds
Fees are incurred at the time that the letters are printed. Fees are non-refundable once the letters are printed. If Customer terminates service, they may request a refund of their remaining balance minus a $10 cancellation fee. Payments that are over 3 months old are non-refundable. Customers can submit account cancellation requests by emailing support@mailitforyou.com

CPU Usage
Customer agrees that they will not use excessive amounts of CPU processing on any of MailItForYou's servers. Any violation of this policy may result in remedy action by MailItForYou, which may be taken in MailItForYou's sole discretion with or without notice.

System and Network Security
Customer is prohibited from violating or attempting to violate or circumvent the security of the MailItForYou network. Violations of system or network security will result in civil or criminal liability. MailItForYou will investigate any such violations and will cooperate with law enforcement authorities in prosecuting any Customer who is involved in such violations.

Customer's Data and Backups
Customers are responsible for backing up all of their data. MailItForYou will not be responsible if there is any data loss for any reasons. 

Customer Content
Customer Content will include content and files uploaded, submitted, stored or distributed by Customer via MailItForYou services. Customer Content also includes content of users of Customer's portal.

Remedy Action
MailItForYou may take remedy action with or without notice, which may result in the following: a) removal of all or a portion of the Customer Content, b) disconnection or discontinuance of any and all Services, or c) termination of this Agreement in the event of i) violation of our AUP, ii) notice of violation by Customer of this TOS, iii) non-payment, or iv) chargeback. Customer agrees that MailItForYou will have no liability to Customer due to any Remedy Action that we may take. Customer also agrees that MailItForYou will not provide any refunds of any fees paid by Customer prior to Remedy Action. In the event of Remedy Action against Spamming Activities or Internet Abuse, MailItForYou may charge the customer a $250.00 clean up fee.

Termination for Violation
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.

Use of the Services
Your use of the Services must be reasonable and you may not place excessive burdens on our servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess fees, to the extent that they exceed the use of the Service of similarly situated customers. Exceeding the capacity numbers may result in our need to purge your old client data, move your data to a separate database host in which you will be responsible for increased fees, or place restrictions on your use of the Service.

Images that are not allowed to be hosted in our system: Adult, Flash, Videos, images over 10 MB.

When an Account is terminated or cancelled, all files and data may be destroyed and unrecoverable. MailItForYou has no responsibility to forward data, or other communications, for you once your Account is closed and you will no longer have access to the site. You are encouraged to keep the Service active during a transition period should you seek to forward your data or other communications.

Customer Representations and Warranties
Customer represents and warrants to MailItForYou that during the Term that Customer has service, the Customer Content and any information and materials contained therein does not, and will not, (i) infringe any copyright, trademark, or any other proprietary right of a third party, (ii) violate any criminal laws and will only be used for lawful purposes, (iii) constitute false advertising, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation, or (iv) contain and will at all times remain free of computer viruses, trojan horses, worms, and other malicious code.

You represent and warrant to MailItForYou that: (i) you have the knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent from accessing the Internet; and (iii) you will use the Service without extra effort on our part.

License to the Customer to use MailItForYou grants MailItForYou a royalty-free, non-exclusive, worldwide right and license to reproduce, copy, use and distribute Customer Content, and to make archival or backup copies of the Customer Content to provide and operate the Services. MailItForYou acknowledges that they are not acquiring any exclusive right, title or interest in or to the Customer Content, all of which shall remain solely with the Customer.

MailItForYou Intellectual Property
MailItForYou grants to Customer a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use MailItForYou Technology solely for the purpose of accessing and using the Services. Customer may not use the MailItForYou Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from MailItForYou to the Customer any MailItForYou Technology, and all rights, titles and interests in and to the MailItForYou Technology shall remain solely with MailItForYou. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the MailItForYou technology. MailItForYou's trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of MailItForYou. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of MailItForYou.

Independent Contractor
MailItForYou and Customer are independent contractors. Nothing contained in the TOS places MailItForYou and Customer in the relationship of principal, agent, partner or joint ventures. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.

Feedback
Any feedback, data, answers, questions, comments, suggestions, idea or the like which Customer sends to MailItForYou relating to the Services will be treated as being non-confidential and non-proprietary. MailItForYou may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Hardware and Software
You are responsible for and must provide all Internet connectivity services, computers, software, hardware, and other services necessary to access MailItForYou servers and Services. MailItForYou makes no representations, warranties, or assurances that customer's equipment will be compatible with MailItForYou services.

Governing Law and Jurisdiction
This Agreement shall be governed in all respects by Texas law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Texas. The terms of this section shall survive any termination of this Agreement.

Government Regulations
Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated items or information to anyone outside the United States in connection with this TOS without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.

Mutual Indemnification
Each party agrees to indemnify and hold harmless the other party, the other party's clients, affiliates, and each of their respective officers, directors, agents, attorneys, and employees from and against any and all claims, demands, obligations, liabilities, damages, losses, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's service, copyright, trade secret, patent, trademark, or other proprietary right.

Disclaimer of Warranty
Customer agrees to use all Services and any information obtained through or from MailItForYou, at Customer's own risk. Customer acknowledges and agrees that MailItForYou exercises no control over, and accepts no responsibility for, the content of the information passing through MailItForYou's host computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF MailItForYou, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("MailItForYou PERSONS") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT MailItForYou PROVIDES. NO MailItForYou PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. MailItForYou IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY MailItForYou. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY MailItForYou PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Limitation of Liability
Customer agrees that no MailItForYou person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to MailItForYou at the time) which may exist in the Services or MailItForYou's equipment used to provide the Services.

Under no circumstances, including negligence, shall any MailItForYou person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if MailItForYou has been advised of the possibility of such damages.

No MailItForYou person shall be liable to the Customer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to MailItForYou's records, programs, equipment, or services.

IN NO EVENT WILL MailItForYou's LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL SERVICE FEES PAID TO MailItForYou BY CUSTOMER DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

MailItForYou CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. MailItForYou WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF DATA, INFORMATION, OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

Customer understands, acknowledges and agrees that if MailItForYou takes any remedy action under this Agreement because of an action of the Customer or its portal users, Customer agrees that MailItForYou shall have no liability to Customer due to such remedy action by MailItForYou.

The terms of this section shall survive any termination of this Agreement.

Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including and without limitation to fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Reciprocal
We each warrant to the other that: (i) we have the power, authority and legal right to enter into this TOS; and (ii) we have the power, authority and legal right to perform our obligations under this TOS and all incorporated provisions.

Assignment
This TOS may be assigned by MailItForYou. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

No Waiver
No waiver of rights under this TOS, or any other MailItForYou policy shall constitute a subsequent waiver of this or any other right under this TOS.

Entire Agreement and Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous agreements and discussions. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. Customer hereby represents that they are either, an individual entering this Agreement for their personal use and is of legal age to execute this Agreement, or a corporation, limited partnership or other legal entity, validly existing under the laws of the state of its organization and the person acting on behalf of Customer is authorized to execute this Agreement on behalf of Customer.