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Snailmailr Terms of Service

Snailmailr, Snailmailr.com, and http://snailmailr.com are all synonyms for Snailmailr, referred to in this document as (“The Service”). The Service is a business in the United States of America located at the address 3656A 20th Street, San Francisco, CA 94110, USA.

The user of the The Service is referred as The Client. By using the The Service, The Client agrees to be bound by the following terms and conditions (“Terms of Service”). These terms and conditions also apply for orders placed though websites in association with The Service directing traffic to this site.

The Service reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of The Service after any such changes shall constitute The Client's consent to such changes. Clients can review the most current version of the Terms of Service at any time at: http://snailmailr.com/about/terms

Questions about the Terms of Service should be sent to service (at) snailmailr (dot) com.

1. General
   1. The Service does not review letters or confirm the validity of information received. We are not responsible for any letters mailed. We do not vouch for or warrant the accuracy, completeness or usefulness of any letter, and are not responsible for the contents of any letter. The letters express the views of the author of the letter, not necessarily the views of The Service or any entity associated with us. See section below 'Limitation of Liability.'
   2. The Client is responsible for any Content that is submitted into our Service and sent out into the USPS mailing system (that is paid for) in The Client's name. See section below 'Limitation of Liability.'
   3. The Client's use of The Service is at The Client's sole risk. The Service is provided on an “as is” and “as available” basis. See section below 'Limitation of Liability.'
   4. The Client agrees, through use of this service, that they will not use this service to mail any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violating any law, including local, national, or international laws and regulations. See sections below, 'Right to Reject Client,' and 'Content of Letters and Right to Refuse Delivery.'
   5. The Client may not use The Service for any illegal or unauthorized purpose. The Client must not, in the use of The Service, violate any laws in The Client's jurisdiction (including but not limited to copyright laws, see sections below 'Copyright and Content Ownership,' 'Right to Reject Client,' and 'Content of Letters and Right to Refuse Delivery.').
   6. The Service is not responsible for the content of any of the letters produced by its service. Our letter printing system is very automated and relies on the virtue and honesty of its Clients. Full cooperation by The Service, will be given to any legal investigation of criminal activity utilizing our service (see section below 'Content of Letters and Right to Refuse Delivery').
   7. The Client understands that The Service uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run The Service. See section below, 'Client Data.'
   8. The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of The Service, computer code that powers The Service, or access to the Service without the express written permission from The Service. See section below, 'Trade Mark and Copyright Notices.'
   9. No one may modify, adapt or hack The Service or modify another website so as to falsely imply that it is associated with The Service.
   10. There is no guarantee to Technical support. It is provided on an “as available” basis by our staff members.
2. Limitation of Liability
   1. In the event that The Service fails to send letters in accordance with the schedule agreed upon pursuant to this Agreement (or in the event of any other failure, technical or otherwise, of such product to appear as provided in this Agreement), the sole liability of The Service shall be limited to the purchase price of the transaction.
   2. In no event shall The Service be responsible for any consequential, special, lost profits or other damages arising from any failure to deliver a letter in accordance with this Agreement. Without limiting the foregoing, The Service shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of The Service affecting production or delivery in any manner.
   3. All liability for letters produced via The Service belongs to The Clients who purchase said letters. No liability for letters is to be assigned to The Service beyond the purchase price of letters.
   4. The Service does not warrant that (i) the service will meet The Client's specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by The Client through the service will meet The Client's expectations, and (v) any errors in The Service will be corrected.
   5. The Client expressly understands and agrees that The Service shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Service has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of The Client's transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
3. The Client Representations; Indemnification
   1. The Client agrees to indemnify and hold The Service harmless against any and all expenses and losses of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices) and/or any material of The Client to which others access through the service.
4. Client Data
   1. Although The Service owns the data storage, databases and all rights to the The Service application, we will never sell or share Client data with any third-parties, or contact Clients' contacts directly. We will also not utilize Client data in our databases to market to client contacts, advertise to, or contact them for any other means of profit. We respect the privacy of our Clients, and the privacy of their client data.
   2. The Service takes the security and privacy of its systems and its Clients' data very seriously. In order to do this we utilize both process and technology to secure such systems and data. Both are under constant review to ensure we provide a quality service to our Clients.
   3. However, The Client understands that the technical processing and transmission of The Service, including The Client's Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Copyright and Content Ownership
   1. We claim no intellectual property / copyright rights over the material Clients upload to or mail using The Service.
   2. The Client agrees not to post any copyrighted material unless the copyright is owned by them or by The Service.
   3. The Service does not pre-screen Content, but The Service and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that Clients attempt to send through The Service.
6. Right to Reject Client
   1. The Service reserves the right to reject or cancel any client, at any time.
   2. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of The Service's customers, employees, members, or officers will result in immediate banning from The Service.
   3. The Service reserves the right of limited censorship. Although we do not and cannot review all the letters processed by us, we will not knowingly send text or images of a sexually inappropriate or unlawful nature. We reserve the right to cancel The Client's order and refund to their credit card. Liability will be for only the price of the requested transaction. As with all automated processes, we can never guarantee that the content of any letter will be monitored by a data processor and therefore can never be responsible for the content of the letters. See section below 'Content of Letters and Right to Refuse Delivery.'
7. Content of Letters and Right to Refuse Delivery
   1. All letters sent are subject to The Service's approval.
   2. We may, but have no obligation to, refuse to deliver letters that contain content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. The cost of any letters that we refuse to deliver will be refunded.
   3. Although this service does not review the content of all letters posted and is not responsible for the content of any of these letters, The Service reserve the right to delete any letter for any or no reason whatsoever. The Client remains solely responsible for the content of letters, and agrees to indemnify and hold harmless this service, (the makers of this service and its software), and their agents with respect to any claim based upon transmission or delivery of letter(s).
   4. The Service reserves the right to reveal The Client's identity (or whatever information we know about The Client) to the authorities in the event of a formal complaint or legal action arising from any letter posted by The Client. Full cooperation by The Service, will be given to any legal investigation of criminal activity utilizing our service.
   5. The Client must not upload any worms or viruses or any code of a destructive nature to The Service.
   6. If the bandwidth of Content The Client uploads to The Service exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by The Service) of other of The Service's customers, we reserve the right to immediately ban The Client from the service or throttle The Client's file uploading privileges until The Client can reduce bandwidth consumption.
8. Client's Responsibility to Submit Accurate Address Information
   1. We reasonably make the assumption that information provided to us is correct and cannot give refunds for incorrect or obsolete information or addresses. It is The Client's responsibility to supply a current and correct address because the information cannot be validated by The Service. Acceptance of The Client's data from our website does not indicate that information is correct or valid. Missing data or local spellings and abbreviations are used entirely at The Client's own risk.
   2. Orders that are missing vital information or that have data fields that have become corrupt may not be processed. Orders that cannot be processed will be deleted. Liability will be for only the price of the requested transaction. Under normal circumstance, all orders will be processed regardless of apparently missing address information. It is impossible for The Service to analyse the validity of any address due to the limitless permutations, spellings, and abbreviations found throughout the world. The Service assumes The Client is aware of the importance of an accurate address and the use of any postal codes that are available, and is therefore accepting the risk of no delivery.
   3. Letters which get returned to The Service due to incorrect or obsolete address information will be discarded, with no refund. Letters which get lost in the postal system and are never delivered or returned will not be refunded.
9. Guarantee of Delivery of Letter Into the Postal System Within 24 Hours of Letter Purchase
   1. Under normal circumstances The Service warrants that letters will be delivered to the United States Postal Service within 24 hours of their purchase.
   2. Except on Sunday or all Postal Holidays, as the Postal Service does not operate on those days. One example of the types of delays that may occasionally occur: a 43 hour gap, for example, for a letter purchased at 2pm on Saturday (last Saturday delivery to the USPS is at 1:30pm), before it is delivered to the USPS at 9am on Monday.
   3. If, for any reason, including technical problems, The Service does not deliver a letter to the USPS within 24 hours (or as soon as possible taking into account weekends and Postal Holidays), the sole liability of The Service shall be limited to the purchase price of the transaction.
   4. From time to time The Service will need to undergo maintenance and its printing systems may be off line. Under these circumstances, a notification will be displayed to Clients indicating the predicted length of the disruption, and when we expect to be printing again, however, there is no guarantee that this schedule will be accurate.
10. No Guarantee of Delivery of Letter to Destination Address
    1. Product delivery to final destination is not guaranteed. The Service only guarantees delivery to the local Post Office. Delivery addresses given must be current and proper legal addresses, recognized by the local postal establishment, or delivery may not be possible. Service is void where prohibited by political intervention or international sanctions.
11. Payment and Refunds Terms
    1. The client will be charged via their Amazon Payments account. Payment will be charged by The Service before any letter will be sent. In the event of any failure by The Client to make payment, letters will not be sent.
    2. Payments made to the service are transmitted via the Amazon Payments service. The Service (Snailmailr) does not receive any credit card, bank account, or Amazon Payment information from the Amazon Payments system. Please refer to the Amazon Payments Terms of Service, Privacy, and other policies: Amazon Payment System User Agreement, Amazon Payment System Privacy Policy
    3. Any attempt to trick the system into sending letters without paying, is in violation of these terms, and Clients who do so, are subject to being banned from this Service.
    4. Use of our service implies authorisation to use the credit card that is being used for this service. Non-authorised use of a credit card will be considered fraudulent and give us grounds for the consideration of legal action.
    5. The Client may cancel letters at any time between payment, and the printing of the letter printed, for a full refund. The Client understands that once any part of a letter is printed, it can no longer be cancelled, or halted from being sent. Once a letter has been printed, any fees paid to The Service are nonrefundable.
    6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and The Client shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
12. Modifications to The Service and Prices
    1. The Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Service (or any part thereof) with or without notice.
    2. The Price of sending a letter with The Service is subject to change at any time.
    3. The Service shall not be liable to The Client or to any third party for any modification, price change, suspension or discontinuance of The Service.
13. Clients' Rights
    1. The above exclusions and limitations apply only to the extent permitted by law. None of The Client's statutory rights as a consumer are affected.
14. Trade Mark and Copyright Notices
    1. Snailmailr's name and logo are unregistered trade marks of Snailmailr.com based in the United States of America.
    2. No one may reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is copyrighted by The Service.
    3. The look and feel of The Service is copyright © 2008 - 2010 Snailmailr.com. All rights reserved. No one may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Snailmailr.com
    4. This website is a copyright work of Snailmailr.com. The contents of this web site are © Snailmailr.com 2008 - 2010.
15. Miscellaneous
    1. The Agreement, (i) shall be governed by and construed in accordance with, the laws of the State of California and The United States of America without giving effect to the principles of conflicts of law; (ii) may be amended only by a written agreement executed by an authorized representative of each party; and (iii) constitute the complete and entire expression of the agreement between the two parties, and shall supersede any and all other agreements, whether written or oral, between the parties. If any of these terms are deemed invalid or unenforceable under applicable law, (including, but not limited to the warranty disclaimers and liability limitations set out above) then the invalid or unenforceable provision will be deemed severed from these terms and the remainder shall continue to apply. The Client hereby consents to the exclusive jurisdiction of the American courts in all disputes arising out of the use of this web site.
    2. The failure of The Service to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between The Client and The Service and governs The Client's use of the Service, superseding any prior agreements between The Client and The Service (including, but not limited to, any prior versions of the Terms of Service).