Terms of Service
For persons resident in the USA: This agreement is between Interfax US Inc. ("we" or "Interfax"), a Delaware corporation, and you ("you" or "Customer") as a user of PostalMethods Services.
For persons resident outside the USA: This agreement is between Interfax Inc. ("we" or "Interfax"), a BVI corporation, and you ("you" or "Customer") as a user of PostalMethods Services.
This agreement, together with any rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference, and published from time to time by Interfax, constitutes the entire agreement between Interfax and you regarding PostalMethods Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
Interfax offers registration to the PostalMethods services at its website http://www.postalmethods.com. The Services accept properly-formatted messages sent from pre-defined, allowed senders via SMTP, SOAP, or HTTP POST, converts them into physical postal items which are subsequently deposited at a national post office point of collection.
Official Service rates shall be advertised on the PostalMethods website at http://www.postalmethods.com/pricing and may be amended from time to time.
Click the following link for a US HIPAA Compliance Statement
You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services as well as for use of your account by others.
You are fully responsible for the contents of your transmissions through the Services. PostalMethods acts as a passive conduit for you to send information of your own choosing.
You agree: (1) not to use the Services for illegal purposes; (2) not to interfere with or disrupt networks connected to the Services; (3) to comply with all regulations, policies and procedures of networks connected to the Services; (4) not to use the Servies to infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; and (5) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature.
Interfax reserves the right to take any action with respect to the Services that Interfax deems necessary or appropriate in its sole discretion if Interfax believes that: (1) You or your information compromises or disrupts the Service for you or other Customers; or (2) Your use of the service contradicts any applicable local, national, or international laws and regulations.
You must: (1) maintain any security of your Customer indentification, and other confidential information relating to your PostalMethods account and (2) be responsible for all charges resulting from use of your PostalMethods account, including unauthorized use prior to your notifying Interfax of such use and taking steps to prevent its further occurrence.
Modifications to Services
Interfax reserves the right to modify or discontinue any of the Services with or without notice to you. Interfax shall not be liable to you or any third party should Interfax exercise its right to modify or discontinue the Services.
Username, Password, and their Security
As part of the registration process, you will be required to provide an email address and select a usename and a password. You may change your password and set a password to protect your messages after logging in to the PostalMethods website. You are entirely responsible for any failure to maintain the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Interfax of any unauthorized use of your account or any other breach of security known to you.
Either you or Interfax may terminate your PostalMethods account at any time, with or without cause, upon notice. Any such notice by you to Interfax must be in accordance with Interfax's verification procedures, as such procedures may be established and changed by Interfax from time to time at its sole discretion, and which may include the requirement that you contact Interfax by phone to confirm that any such notice was in fact sent by you. Interfax also reserves the right to terminate or suspend your PostalMethods account without prior notice, provided that Interfax will attempt to confirm such termination or suspension by subsequent notice.
Modifications to Customer Agreement
Interfax may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the PostalMethods website, and/or (b) sending information regarding the amendment to the email address you provide to Interfax. You are responsible for regularly reviewing the PostalMethods website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use PostalMethods Services after such amendments have been posted or information regarding such amendments has been sent to you. Otherwise, this Agreement may not be amended except in writing signed by both you and Interfax.
Disclaimer of Warranties and Limitation of Liability
A. PostalMethods Services are provided "as is," and neither Interfax nor any of its licensors or service providers makes any express or implied representations or warranties to you regarding the usability, condition or operation thereof. Interfax does not warrant that access to or use of services will be uninterrupted or error-free, or that Interfax services will meet any particular criteria of performance or quality. Interfax and each of its licensors and service providers expressly disclaim all implied warranties, including without limitation, warranties of meRchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
B. Your use of PostalMethods Services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material obtained either directly or indirectly from Interfax. You agree that neither Interfax nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of your use of or inability to use PostalMethods or any other Interfax software or service, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Interfax or any such licensor or service provider has been advised of the possibility of damages.
The entire liability of Interfax and its licensors and service providers and your exclusive remedy with respect to the use of Services or any breach of this agreement are limited to the amount actually paid by you for services. You hereby release Interfax and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.
Interfax shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of Interfax's control which would lead to the interrruption of data delivery.
You agree to pay all charges for your use of PostalMethods Services at the prices then in effect for your country of residence. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. Interfax reserves the right to change prices or institute new charges for access to or use of PostalMethods. All changes will be posted by Interfax at the PostalMethods website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of PostalMethods Services or non-termination of your PostalMethods account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time at Interfax's sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance.
Payment of your PostalMethods account balance is due monthly and must be made by the credit or debit card designated by you for Interfax use and transactions. If your PostalMethods account is a qualified business account and is approved by Interfax for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your PostalMethods account is by credit or debit card and payment is not received by Interfax from the card issuer or its agents, you agree to pay all amounts due upon demand by Interfax. Each time you use PostalMethods Services, or allow or cause PostalMethods Services to be used, you agree and reaffirm that Interfax is authorized to charge your designated card.
To view your current account balance, along with billing details and any accumulated charges, please review the billing section in the PostalMethods Website.
Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that Interfax may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with Interfax's verification procedures, as may be established by Interfax from time to time at its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Interfax reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Interfax's Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Interfax in accordance with this Agreement.
If you subscribed for PostalMethods Services pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Interfax's verification procedures, as may be established by Interfax from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Interfax reasonably could act on your notice.
Your pre-paid fees are payable in advance and are completely non-refundable. In addition, any initial monthly service fee for the month immediately following your pre-paid period will be immediately charged to your credit or debit card.
For all pre-paying customers, additional charges for PostalMethods services and/or other usage-based services as Interfax may introduce from time to time are payable in advance by pre-payment of a fixed amount, as set from time to time by Interfax. This pre-payment will be due immediately upon order of the service. Your pre-payment will thereafter be depleted based upon your use of PostalMethods Service and/or other usage-based charges, according to standard Interfax messaging rates for these Services. Thereafter, each time your deposit is depleted to an amount determined by you through the online account administration interface, either (1) another fixed amount determined by you will be immediately charged to your credit or debit card, without further authorization from you; or (2) your use of Service will be discontinued until pre-payment of an additional fixed amount. This behavior may be controlled by you through the online account administration interface.
You must promptly notify Interfax of changes to: (a) the account number or expiration date of your designated card; and (b) your billing address. You must also promptly notify Interfax if your card is cancelled (e.g., for loss or theft).
Interfax reserves the right to suspend or terminate your PostalMethods account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Interfax when Interfax believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Interfax.
You agree to indemnify Interfax and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your PostalMethods account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited letters.
For persons resident in the USA: This agreement and your use of PostalMethods Services is subject to the laws of the State of Delaware.
For persons resident outside the USA: This agreement and your use of PostalMethods Services is subject to the laws of England.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Interfax's failure to act with respect to a breach by you or others does not waive Interfax's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Interfax shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Interfax's reasonable control.
Interfax cannot be held responsible for any loss, damage or injury caused by or attributed to the service. It cannot accept any responsibility for loss of earnings, hardship or any other financial claim for damages through the use of the service
Notices & Consent
Notices given by Interfax to you will be given by email or by a general posting on the PostalMethods website, or by postal delivery. In any matter requiring Interfax's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Interfax. Notices given by you to Interfax must be given by email or by postal delivery.
For persons resident in the USA: Notices to Interfax by postal delivery must be sent to Interfax US Inc., c/o Marketech Corp., 7915 Westglen, Houston, TX 77063, USA.
For persons resident outside the USA: Notices to Interfax by postal delivery must be sent to Interfax Inc., c/o Interfax UK Ltd., 37-41 Gower Street, London WC1E 6HH, United Kingdom.