1. I am Gateway.com operates a mailbox rental and mail forwarding operation and is the owner of certain mailboxes (each hereafter referred to as "Mailbox"). In addition to the Mailbox Rental, I am Gateway may also offer related serviced to its customers. The Mailbox and all related services (collectively the "Service") are provided to you ("Customer") under these terms and conditions and any modifications that may be made from time to time to this Agreement and all other terms, conditions, rules, or operations, or policies that may be made from time to time by I am Gateway (Collectively the Agreement). As used in this Agreement the term "Customer" means the Customer as well as its owners, members, employees, offices, directors, shareholders, partners, affiliates, parent and subsidiary companies, representatives, attorneys, heirs, successors, or assigns. I am Gateway is a registered commercial mail receiving agency and therefore this agreement is subject to federal law and regulations regarding commercial mail receiving and forwarding.
2. Customer Agrees To Be Bound By The Terms Of This Agreement At All Times. By Opening An Account With I Am Gateway And Continued Use Of The Service Customer Agrees To Abide By The Terms Of This Agreement.
3. I am Gateway may modify or amend this AGREEMENT at any time. Is such an amendment occurs then Customer may be notified of all amendments or modifications by one of the following methods: a) an online notice that alerts the customer to the existence of amendments or modifications or b) An e-mail notice sent to the registered e-mail address of Customer. By continuing the use of the mailbox and/or the Service, Customer agrees to be bound by the modifications or amendments to this AGREEMENT.; Customer agrees to be bound by the modifications or amendments to this AGREEMENT. Notwithstanding the above, all modifications or amendments by I am Gateway will become effective as soon as published in I am Gateway’s website (I am Gateway.com).
4. Customer may be required at I am Gateway's sole discretion to complete USPS Form 1583 in order for I am Gateway to provide a Mailbox or Service. I am Gateway may decide not to accept, ship, scan, or handle mail for the Customer unless the Customer has properly completed the USPS Form 1583, thr original of which will be provided to the United States Postal Service ("USPS"), the Customer is expressley appointing I am Gateway as its agent for receipt of any mail, packages, or parcels addressed to the Customer and delivered to I am Gateway's address, or to any location which I am Gateway may from time to time designate. I am Gateway will retain a copy of the Customer's USPS Form 1583 which will be made available at all times for examination by USPS representatives and posta inspectors. I am Gateway reserves the right to, at is sole discretion, returm to sender, destroy, o otherwise discard any mail or packages received for a Customer that has failed to agree to the terms of this Agreement or has failed to execute and deliver to I am Gateway a properly completed USPS Form 1583 along with a copy of two acceptable forms of identification and a copy of the font and back of Customer's credit card on file or has failed to validate his/her identity to I am Gateway's satisfaction.
5. Customer will enter a confidential password and receive a Mailbox account number when registering for a new account with I am Gateway. Customer shall maintain the security and confidentiality of the password. Customer is responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of the Customer’s account. Customer must immediately alert I am Gateway of any fraudulent, unauthorized, illegal or suspicious use of the Service or any other breach of security or unauthorized or illegal activity that is reasonably suspected by Customer.
6. I am Gateway provides Service under this AGREEMENT pursuant to one or more Service Plans. Customer hereby subscribes for Service under the Service Plan chosen by Customer when registering for an account. Customer acknowledges that it has been provided with a schedule detailing the monthly subscription fees and all other fees applicable to all Service Plans offered by I am Gateway and available to Customer. Customer agrees to pay all setup fees, monthly fees, shipping fees and other charges incurred for the Service Plan chosen by Customer and/or for all Service provided I am Gateway. I am Gateway reserves the right to change or amend its rates at any time without prior notice. If the Customer has chosen Plan Basic(or any plan for which I am Gateway does not charge a monthly fee), the Customer acknowledges and agrees that Customer may not hold more than five (5) pounds of mail and/or parcels in its account or Mailbox. If such Customer holds more than five (5) pounds of mail and/or parcels, or if an item (mail or parcel) is stored in the Customer’s Mailbox for more than the Plan’s maximum free storage period, I am Gateway may: a) perform an automatic upgrade of the Customer’s Plan to a Service Plan under which I am Gateway charges a monthly fee. In this case, the Customer will be responsible for the monthly fees and charges payable under that plan or b) Automatically ship all the contents of the Customer Mailbox to its address on record. In this case the Customer will be responsible for the shipping charges Under all Service plans, the Customer may not store mail, packages or parcels longer than the Plan’s specified free storage period in their Mailbox. Customer agrees to pay a per month storage fee (as specified in the Plan) for each pound of mail, packages and parcels stored in the Mailbox for longer than the Plan’s specified free storage period with a minimum monthly storage fee of $1.00. For example, under Plan Standard, stored mail, packages and parcels weighing up to one (1) pound will be charged a monthly storage fee of $1.00 and stored mail, packages and parcels weighing more than one (1) pound up to and including two (2) pounds will be charged a monthly storage fee of $2.00 and so on. The full monthly storage fee is incurred on the forty-sixth (46th) day after receipt of the mail, packages or parcels by I am Gateway and additional monthly storage charges are incurred on the same day of the next calendar month up until such time the stored mail, packages and parcels are removed from Customer’s Mailbox. Storage fees will be calculated based on the larger of actual or dimensional weight.
7. The initial term of this AGREEMENT shall be the minimum Service period or the initial period paid for by the Customer whichever is longer. All Service Plans automatically renew every month unless cancelled by written notice to I am Gateway received at least 30 days prior to the first day of a calendar month. Notwithstanding the foregoing, renewal of this AGREEMENT for additional terms shall be at I am Gateway’s sole discretion. All Rents are due and payable the first day of each calendar month and become delinquent if not received by I am Gateway by the 10th day of the month. Customer agrees that I am Gateway may immediately charge Customer’s Credit Card on record with I am Gateway for all charges or monies owed by Customer to I am Gateway. The Customer acknowledges and agrees that I am Gateway may hold mail, packages and parcels from pickup or forwarding pending payment of past due fees. On delinquent accounts, delivery of mail, packages and parcels to the Customer’s designated address will be suspended and resumed only upon receipt of all amounts due and owing plus a late charge of $25.00. If Customer fails to pay all fees and other charges due within thirty (30) days after delinquency, I am Gateway has the right at its sole option to immediately terminate Service and/or this AGREEMENT. I am Gateway reserves the right to use Customer’s security deposit to pay any past due fees and other charges due.
8. A new Customer’s minimum Service period shall be no less than ninety (90) days. This minimum Service period must be satisfied before a Customer may request a change to a Plan with a lower monthly fee, unless otherwise approved by I am Gateway. All fees charged pursuant to this AGREEMENT are subject to change by I am Gateway without prior notice to Customer. All fees are payable in advance. I am Gateway may require a security deposit equal to one month’s fee. I am Gateway will not prorate fee or provide refunds for cancellation of any service prior to the expiration of a Service period or the minimum Service period. The initial month of service, however, may be subject to prorating of charges determined by I am Gateway if rental commencement occurs on a date other than the first day of the month. In addition to rent and other fees due hereunder, Customer agrees to pay for all shipping charges as set forth in the chosen Service plan and all other charges set forth in this AGREEMENT. Shipping charges are based on weight and are calculated in increments of one (1) pound. For example, shipments weighing up to one (1) pound will be charged for shipping based on one (1) pound and shipments weighing more than one (1) up to and including two (2) pounds will be charged for shipping based on 2 pounds and so on. Dimensional weight charges may apply on bulky, lightweight packages. Dimensional weight is used when the result of multiplying the measurement in inches of package height times package width times package length divided by 139 is more than the actual weight in pounds. Customer agrees that I am Gateway will add a fuel surcharge to all shipping rates. The fuel surcharge will be the greater of 7.5% of the shipping cost or the actual percentage charged by the major international couriers. Customer agrees that I am Gateway may refuse to ship the Customer's items on the Customer's (or any third party's) courier account. Additionally I am Gateway may refuse pickups by couriers or shipping company's when the shipment has not been arranged through I am Gateway. Customer agrees that I am Gateway may refuse to ship any item for any reason, including without limitation hazardous items (as solely determined by I am Gateway), firearms or accessories, flammable items, or any other item that may represent a safety or security concern as determined by I am Gateway.
9. Upon cancellation by the Customer of this AGREEMENT or the Service, I am Gateway will provide Service only through the remaining term paid for by the Customer. The Customer agrees and acknowledges that I am Gateway shall have no liability for any mail, packages or parcels mailed or delivered to I am Gateway or other obligations with respect to such mail, packages or parcels after cancellation of this AGREEMENT by the Customer except as expressly provided herein.
10. I am Gateway shall hold and forward any mail, packages or parcels of the Customer for a period of no longer than 30 days after expiration, termination or cancellation of this AGREEMENT. These services will be provided only to the extent that the Customer pays in advance for all packing, postage and I am Gateway applicable fees. . . All fees payable for such services shall be charged at the maximum shipping rates for the applicable country. If, upon termination of this Agreement or upon expiration of Customer’s prearranged instructions, the Customer does not make all prior payments and arrangements for the forwarding of the Customer’s Mailbox contents, I am Gateway may, at its own discretion refuse or return all items to sender. Furthermore, any items received or remaining in the Customer’s mailbox after 30 days of termination, are subject to be discarded, destroyed or otherwise disposed of by I am Gateway Customer waives and releases I am Gateway from compliance with any obligation to forward or re-mail such mail, packages or parcels provided for under federal law or USPS rules and regulations and specifically agrees that I am Gateway does not have any obligation to forward or re-mail mail, parcels or packages to Customer except as otherwise specifically stated in this AGREEMENT. The foregoing is intended to be a written instruction from the Customer to I am Gateway that Customer’s mail, packages and parcels need not be re-mailed to Customer as otherwise required in the USPS Domestic Mail Manual’s conditions for Commercial Mail Receiving Agencies. The Customer acknowledges that due to postal regulations the USPS will not process a Change of Address upon termination of this AGREEMENT. Customer agrees that it will notify all persons of the change of address upon termination of this Agreement.
11. I am Gateway may, at its option, not accept Mail or Packages for more than the Plan’s maximum number of persons in a single Mailbox. If Customer consistently receives an excessive number of mail pieces or more mail than can be placed in a single Mailbox, I am Gateway reserves the right to require Customer to pay additional fees to be determined by I am Gateway.
12. If Customer refuses to accept mail, packages or parcels from I am Gateway mailed or forwarded to Customer pursuant to this AGREEMENT, I am Gateway may return the mail or package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by I am Gateway in connection with such returns. Upon the request of I am Gateway, the Customer must sign for or otherwise acknowledge its acceptance of all mail, packages and parcels sent to Customer by I am Gateway. Additionally customer agrees to reimburse miscellaneous charges charged by the couriers for events or reasons inherent to the customer's address, service request, products, customs, etc. Examples of this charges are "address correction fees", "remote or outside delivery area charges", etc.
13. The Customer acknowledges and agrees that I am Gateway may not accept mail or packages for the customer for any reason. Specifically restricted delivery mail, package or parcels may not be accepted on behalf of the Customer unless specifically authorized by the Customer for each such delivery.
14. I am Gateway will not accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer unless Customer has previously arranged and prepaid such acceptance with I am Gateway.. At its sole discretion, I am Gateway may refuse to accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer under any circumstances.
15. The Customer agrees that mail, packages and parcels are considered to be delivered to Customer as soon as they are placed in the Customer’s Mailbox, or when I am Gateway give notice that the item has been received to the Customer’s e-mail address. The Customer expressly releases I am Gateway from all further responsibility or liability with respect to mail, packages and parcels received by I am Gateway on behalf of Customer except as specifically set forth in this AGREEMENT. The Customer shall only use the Service for the reception of mail, packages or parcels, and for other services as may be purchased from I am Gateway. Customer agrees and acknowledges that it will not use or permit the Mailbox or Service to be used for any other purpose. Use of the Mailbox for any other purpose is strictly prohibited and may result in immediate termination of this AGREEMENT and Service to the Customer.
16. I am Gateway, will provide the Customer with a mailing address for the Mailbox and Service. The Customer agrees not to modify or alter such mailing address. The Customer acknowledges and agrees that I am Gateway has no responsibility or liability for mail, packages or parcels that are not properly addressed according to USPS specifications or the terms of this AGREEMENT. Customer further acknowledges that I am Gateway may return to sender or discard any mail that is received at such mailing address but is addressed to a name not previously registered with I am Gateway or is addressed to a name that has not completed the requirements set forth by I am Gateway to verify the identity of such name, or is addressed to a name for which I am Gateway has not received a properly executed form 1583 and two forms of identification. Customer agrees that I am Gateway may change the mailing address provided to customer at any time provided that I am Gateway will continue to receive customer's items at the previous address for at least 30 days after sending notification of the change to the customer.
17. The Customer acknowledges and agrees that I am Gateway cooperates with all local, state and federal agencies and will share any and all information about the Customer and use of the Mailbox or Service with such agencies and all USPS postal representatives and postal inspectors upon request. The Customer further acknowledges and agrees that I am Gateway may share any and all information about the Customer and use of the Mailbox or Service with any third party upon being presented with a civil or criminal subpoena or when it has been established to I am Gateway’ satisfaction that the account has been used for any illegal or questionable activity. Customer specifically indemnifies and holds harmless I am Gateway from any and all liability, claims, damages, losses or causes of actions arising from the release of information regarding the Customer or the Customer’s use of the Mailbox to any person, or local, state or federal agency or to the USPS. The Customer represents and agrees that it will not use (or allow to be used) the Service for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity by the USPS regulations or other applicable laws, statutes, rules and regulations. The Customer further represents and agrees that the Service shall be used in compliance with all applicable federal, state and local laws. If I am Gateway suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, I am Gateway may proceed to immediately terminate this AGREEMENT and Service. Furthermore at its sole discretion I am Gateway reserves the right to, in addition to Form 1583, request further verification of any customer's identity or payment instruments prior to any shipping, scan or discard orders.
18. In order to ensure that all items stored or handled by I am Gateway are safe and legal, I am Gateway reserves the right to inspect any and all items, mail, or packages that arrive at I am Gateway. Also, in order to avoid I am Gateway being an unwitting party to fraud or other illegal activities, shall I am Gateway suspect any package of containing any illicit, dangerous or stolen items, I am Gateway may inspect such package or mail. Furthermore, if I am Gateway receives allegations or complaints from any third party that the Customer may be using the Service in any improper, illegal, or fraudulent manner as determined by I am Gateway, I am Gateway may at its sole discretion proceed to immediately terminate this Agreement and stop the Service. In such case, any items received or remaining in the Customer’s mailbox as of and after termination, are subject to be discarded, destroyed or otherwise disposed of at I am Gateway’s sole discretion.
19. The Customer agrees and acknowledges that I am Gateway may at its sole option cancel the Service and terminate this AGREEMENT for any cause at any time by providing the Customer thirty (30) days’ notice. Such notice may be provided in written, e-mail or other electronic form. Notwithstanding the above, I am Gateway may terminate this AGREEMENT immediately for good cause. Good cause shall include but is not limited to:
(1) the Customer abandons the mailbox for a period of more than thirty (30) days;
(2) the Customer does not provide prompt payment to I am Gateway when due;
(3) the Customer uses the service for mass mailing campaigns, spam campaigns, multi level marketing, or mass marketing mailings; or Customer’s volume of mail, packages and/or parcels is excessive and unreasonable as determined by I am Gateway;
(3) the Customer uses the service for selling, shipping, or the order fulfillment of items or services that violate copyrights of third parties (i.e. fake, knock-off or pirated items);
(4) the Customer misrepresents the address or service as a physical address or anything else than just a mailing address to any person, directory, insitution, company or authority,;
(5) the Customer’s behavior towards I am Gateway employees or towards other Customers is offensive, abusive, violent, threatening or disruptive;
(6) the Customer fails to cooperate with any request for information by a local, state or federal agency or by USPS representatives or postal inspectors
(7) the Customer fails to provide or I am Gateway is unable to validate correct and accurate contact and personal information of Customer as requested by I am Gateway
(8) the Customer fails to cooperate or provide information in connections with any investigation undertaken by a local, state or federal agency; or
(9) the Customer receives items under names that are not registered on their account or use the name I am Gateway to receive their mail of for any other purpose.
(10) the Customer violates any provision of this AGREEMENT or any other terms and conditions posted by I am Gateway.
The Customer agrees that for purposes of this Agreement the actions or failure to act of any person authorized by the Customer to use the Service will be attributed to the Customer.
20. The Customer agrees to protect, defend, indemnify and hold harmless I am Gateway, from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by I am Gateway, including, without limitation, any claim for personal injury or property damage, arising from: (i) this AGREEMENT; (ii) the Service provided to Customer by I am Gateway; (iii) the Customer’s use or possession of the Mailbox; (iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.(v) loss, damage, or destruction of the Customer’s mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to I am Gateway’s negligence or intentional act; and (vi) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include I am Gateway and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
21. The Customer agrees to protect, defend, indemnify and hold harmless I am Gateway, from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by I am Gateway, including, without limitation, any claim for personal injury or property damage, arising from: (i) this AGREEMENT; (ii) the Service provided to Customer by I am Gateway; (iii) the Customer’s use or possession of the Mailbox; (iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.(v) loss, damage, or destruction of the Customer’s mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to I am Gateway’s negligence or intentional act; and (vi) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include I am Gateway and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
22. Customer Agrees That The Service Is Provided On An “as Is” Basis Without Any Warranties (Whether Expressed Or Implied). I Am Gateway Does Not Represent Or Warrant That The Service Will Meet Any Of Customer’s Expectations Or Requirements Nor That The Service Is Provided Securely Or Without Errors Service Is Provided On A “as Available” Basis And I Am Gateway Makes No Warranties That The Service Will Be Timely, Available At All Times Or For A Particular Period Of Time Without Interruptions. Customer Use And Operation Of The Service Or I Am Gateway’s Web Page Is At Customer’s Sole Discretion And Risk I Am Gateway Will Not Be Responsible For Any Damage Resulting To The Customer Or Its Computer Systems That Results From The Download Of Data From I Am Gateway’s Website.
23. The Customer Agrees And Acknowledges That The Total Amount Of Liability Of I Am Gateway, If Any, For Any And All Claims, Causes Of Action, Damages, Losses Or Judgments Arising Out Of Or Related To This Agreement And The Service Shall Not Exceed $100.00 Without Regard Of The Nature Of The Claim, Losses Or Damages Incurred. I Am Gateway Shall Not Be Liable For Any Other Loss, Claim, Damage Or Injury Arising Out Of, Related To, Or In Any Connected With This Agreement Or The Provision Of Any Services Pursuant To This Agreement. All Implied Warranties, Including Warranties Of Fitness, Merchantability Or Otherwise Are Disclaimed. All Special, Incidental, Consequential Or Exemplary Damages Arising From This Agreement Or The Service Are Hereby Excluded, To The Full Extent Permitted By New Jersey Law. In No Event And Under No Circumstances Shall I Am Gateway Be Liable To Customer For Any Special, Incidental, Consequential Or Exemplary Damages Whatsoever.
24. All notices to the Customer required or permitted under this AGREEMENT shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer’s e-mail address on record, within twenty-four hours (24) after transmission by fax to Customer’s fax number on record, five (5) days after deposit in USPS post office, two (2) days after sending the notice via a commercial courier service to the Customer’s address on Form 1583 or at the time such notice is delivered to the Customer.
25. This Agreement Shall Be Interpreted And Construed In Accordance With The Laws Of The State Of New Jersey Without Regard To The Conflicts Of Laws Provisions Thereof. Any Action To Enforce This Agreement Or Any Action Arising From This Agreement, The Service, The Mailbox Or The Relationship Created Between The Customer And I Am Gateway By This Agreement Shall Be Brought In The State Or Federal Courts Of Harris County, New Jersey. The Customer Consents And Stipulates To Venue And Personal Jurisdiction In The State And Federal Courts In And For Pleasantville, New Jersey, Usa As To Any And All Lawsuits Or Causes Action Arising From This Agreement, The Service, The Mailbox Or The Relationship Between Customer And I Am Gateway Created By This Agreement. Customer Acknowledges And Agrees That It Is Establishing Minimum Contacts With The State Of New Jersey For Purposes Of Asserting Personal Jurisdiction Over The Customer For Any Claims Arising From This Agreement, The Service, The Mailbox Or The Relationship Created Between The Customer And I Am Gateway By This Agreement.
26. If the case that any provision of this AGREEMENT shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this AGREEMENT, but all other provisions of this AGREEMENT and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
27. If any party to this Agreement fails to enforce any provision of this Agreement, or fails to exercise any right at any time , such failure not operate as a waiver thereof.
28. Customer (including its agents, employees and representatives) represents to I am Gateway that it is not a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, 66 F. Customer represents that it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control. If Customer is determined to be a Specially Designated National or Blocked Person this AGREEMENT shall immediately terminate without further notice from I am Gateway.