Terms & ConditionsThis MAILBOX Service Agreement ("Agreement") is made and entered into by the customer identified above ("CUSTOMER") for the use of and services related to a mailbox (the "MAILBOX") at Millennial X Corp doing business as MXCmail, hereinafter referred to as (“MXCmail”) and governed by the laws of Delaware.
TERMS AND CONDITIONS
CUSTOMER ACKNOWLEDGES AND AGREES THAT MXCmail FROM TIME TO TIME MAY CHANGE FEES AND SERVICES. CUSTOMER’S CONTINUED USE OF MAILBOX CONSTITUTES ACCEPTANCE OF CHANGES. IF CUSTOMER IS NOT IN AGREEMENT WITH CHANGES TO FEES AND/OR SERVICES, CLIENT MUST NOTIFY MXCmail WITHIN FIVE (5) DAYS TO CANCEL. NO REFUND SHALL BE ISSUED AFTER THIS DAY.
CUSTOMER ACKNOWLEDGES AND CONFIRMS THAT ALL FEES ARE EARNED BY MXCmail FOR THE SERVICES IT PROVIDES TO CLIENT (i.e. monthly/annual mailbox subscription). REGARDLESS AS TO USE/NON USE, CLIENT AGREES THAT MXCmail HAS FULLY FULFILLED ITS OBLIGATION OF PROVIDING AND DESIGNATING A SPECIFIC MAILBOX TO CLIENT AND WILL PROVIDE RELATED SERVICES.
CUSTOMER ACKNOWLEDGES AND CONFIRMS THAT NO REFUND WILL BE ISSUED TO CLIENT(S) EITHER MONTHLY AND/OR ANNUAL SUBSCRIBER. CLIENT ACKNOWLEDGES AND CONFIRMS THAT THEY HAVE THE ABSOLUTE RIGHT TO CANCEL THEIR SERVICES AT ANYTIME BY CLOSING THEIR ACCOUNT IN THEIR BACK OFFICE, AND/OR SENDING AN EMAIL REQUEST TO MXCmail. AS OF THAT TIME, NO FURTHER PAYMENT SHALL BE REQUIRED AFTER THE EXPIRATION OF SAID ‘PAID FOR’ TIME (i.e. monthly or annually)
1. CUSTOMER agrees that CUSTOMER will not use MXCmail premises or any MXCmail 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 MAILBOX shall be in conformity with all applicable federal, state and local laws. 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 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 MAILBOX username and password shall be considered valid evidence that the possessor is duly authorized to remove any contents from the MAILBOX. In the event of death or incapacity of the CUSTOMER, MXCmail 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. Upon expiration, cancellation or termination of this AGREEMENT, MXCmail will:
a. Re-mail (i.e., forward) CUSTOMER's mail for one (1) month, provided CUSTOMER pays the postage, packaging material, and forwarding fees in advance. Additionally, CUSTOMER must pay a monthly storage fee of $10.00 for month 1, in advance for the time period that mail is to be forwarded. It is the CUSTOMER's responsibility to make arrangements with MXCmail to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.
b. Store the mail or packages for up to two (2) month provided CUSTOMER pays a storage fee of $20.00 per month for the time period in which MXCmail holds the mail or package(s), plus a service fee of $10.00 for each time CUSTOMER visits MXCmail to pick up such items. It is the CUSTOMER's responsibility to make arrangements with MXCmail to identify any mail storage needs prior to the expiration, cancellation or termination of this AGREEMENT.
c. Retain CUSTOMER's mail, other than Unsolicited Mail, at the Center for a period of ten (10) days, if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed.
d. Discard or destroy any "Unsolicited Mail" (e.g., bulk mail; mail addressed as "occupant," "current resident" or similar designation; or coupons, advertising or other promotional material) delivered to or remaining at MXCmail.
e. Refuse any package addressed to CUSTOMER delivered by any party other than the U.S. Postal Service, such as a commercial courier service.
5. Upon cancellation or termination of this AGREEMENT, MXCmail may:
a. Refuse any mail or package addressed to the CUSTOMER and delivered to MXCmail.
b. Discard or destroy any of the CUSTOMER's mail or packages delivered to or remaining at MXCmail at such time.
6. 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 MXCmail’s sole discretion.
7. CUSTOMER agrees that MXCmail may terminate or cancel this AGREEMENT for good cause at any time by providing CUSTOMER five (5) days written notice. Good cause shall include, but is not limited to: 1) CUSTOMER abandons the MAILBOX; 2) CUSTOMER uses the MAILBOX for unlawful, illegitimate or fraudulent purposes; 3) CUSTOMER fails to pay monies owed when due; 4) CUSTOMER receives an unreasonable volume of mail or packages; 5) CUSTOMER engages in offensive, abusive or disruptive behavior toward other customers of MXCmail or MXCmail's employees; and 6) 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 MAILBOX will be attributed to CUSTOMER.
8. Any written notice to CUSTOMER required or permitted under this AGREEMENT shall be deemed delivered twenty-four (24) hours after placement of such notice in the CUSTOMER's MAILBOX or email address. In the event of a termination notice, based upon abandonment of the MAILBOX, notice shall be deemed delivered (a) on the next day after placing in the hands of a commercial courier service or the United States Postal Service for next day delivery, or (b) five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to CUSTOMER at CUSTOMER's address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.
9. As CUSTOMER's authorized agent for receipt of mail, MXCmail will accept all mail, including registered, insured and certified items. Unless prior arrangements have been made, MXCmail shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from MXCmail as a condition of delivery. CUSTOMER must accept and sign for all mail and packages upon the request of MXCmail. Packages not picked up within three days of notification will be subject to a storage fee, which must be paid before CUSTOMER receives the package. In the event CUSTOMER refuses to accept any mail or package, MXCmail 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 MXCmail.
10. CUSTOMER agrees to protect, indemnify, defend and hold harmless MXCmail, 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 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 MAILBOX contents by any cause whatsoever, and from any violation by CUSTOMER of applicable federal, state or local laws.
11. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF MXCmail, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $50.00 REGARDLESS OF THE NATURE OF THE CLAIM.
12. CUSTOMER must use the exact mailing address for the 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."
13. Delivery by commercial courier services must be made to MXCmail street address only (and not to a P.O. Box). Upon signing this AGREEMENT, CUSTOMER shall provide two forms of valid identification, one of which shall include a photograph and a valid credit card for monthly/annual subscription. This AGREEMENT may not be amended or modified, except in a writing signed by both parties.
14. MXCmail 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.
15. By agreeing below I forfeit all rights to bring a suit against MXCmail and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents and employees for any reason. In return, I will receive the MAILBOX and related services. I will also make every effort to obey U.S. law and the laws of Delaware, as listed in writing and as explained to me verbally. I will ask for clarification when needed.
16. 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 Millennial X Corp services under this AGREEMENT.
17. Upon accepting of this Agreement, Customer also acknowledges and agrees NOT to contact their credit card company and/or payment processor and state credit card fraud or unauthorized charging of their credit/debit card has been committed by MXCmail. Customer acknowledges he/she has with full understanding and consent, voluntarily signed up for MXCmail services, did voluntarily provide their personal/corporate information, credit card information and required forms AND CONSENTS TO TIMELY CREDIT CARD CHARGES as their true desire to utilize MXCmail services.
18. REFUND POLICY. CLIENT UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT MXCmail DOES NOT ISSUE REFUNDS. CLIENT ACCEPTS THAT UPON THEIR RENEWAL DATE (monthly and/or annual), THEY HAVE AGREED TO CONTINUED USE OF MXCmail’s SERVICES AND THE MONTHLY/ANNUAL SUBSCRIPTION FEE IS FULLY EARNED. FAILURE ON THE PART OF THE CLIENT TO CANCEL THEIR SERVICE FOR WHATEVER REASON IS WHOLLY UPON THE CLIENT. NO REFUND WILL BE ISSUED FOR NO REASON UNLESS MXCmail HAS FAILED TO RESPOND TO A CLIENT’S REQUEST PRIOR TO RENEWAL
19. Late Fees
Due to the nature of our business, Customer understands that timely payment of monthly subscriptions are necessary. Customer understands and accepts that a valuable service has/is/will be provided to them by MXCmail. Therefore the monthly/annual, subscription fee is fully earned. Therefore, failure to pay invoice by the 5th of each month (monthly), Customer will incur a $5.00 late fee.
Customer further understands their mailbox will be closed on the 10th day for non-payment.
Annual subscribers are required to renew by their anniversary date. Failure to renew will constitute Customer’s desire to close mailbox. No late fees will be charged.
Please note, if the mailbox is closed and Customer desires to reopen at a later time, Customer agrees to pay a $35.00 administrative fee plus any outstanding subscription fees from a previous account that are still due. These applicable amounts will be due at the immediate time of any ‘reopening’ request. These fees will not be waived.
20. Checks and Deposits
MXCmail provides Check Deposit service, mostly to the larger, national banks. Customer must provide correct bank name, account (and routing number, if applicable). MXCmail will attempt to make deposit into Customer's account within 2 business days. Fees will be charged immediately. Upon a charge not going through, MXCmail will add an additional $2.00 fee to be billed to Customer's next invoice and continue to make deposit. Customer understands and accepts, MXCmail is not responsible for any checks refused, discarded, unaccepted by banks. MXCmail accepts no liability for a bank's handling of a deposit and Customer hereby indemnifies MXCmail entirely from all liability. It is the Customer's responsibility to verify deposit(s).
21. 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.
22. This AGREEMENT may be amended from time to time by MXCmail ONLY with proper notification given to the authorized representative of each party (email is acceptable).
23. 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.
24. This AGREEMENT shall not be assigned by CUSTOMER without the express consent of MXCmail.
25. 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.
26. This AGREEMENT is be governed by and construed in accordance with the laws of Delaware 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 MXCmail.
27. The laws of Delaware shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
28. 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 Delaware. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE State.
By CLICKING the box below AND CONTINUING to proceed into back office, you (CUSTOMER) accept this AGREEMENT and TERMS AND CONDITIONS as of the date of your (CUSTOMER) introductory payment.