Terms of Use


AGREEMENT BETWEEN USER AND WINDOW BOOK, INC.

The postalweb.net Web site is comprised of various Web pages operated by Window Book. These Terms of Use explain the terms and conditions under which Window Book, Inc. (“Window Book” or “we”) grants you, as a site visitor (“you”), a personal, non-exclusive, non-transferable, revocable, limited license to access and use the postalweb.net Web site and all associated sites linked to postalweb.net by Window Book (“postalweb.net” or the “Site”), including all of the features and content thereof, purchase products through the Site, or use services offered on the Site. All content, information, trademarks, logos, copyrights, services and software made available on the Site (collectively, "Content") may be used solely under these Terms of Use, and the Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

AGREEMENT BETWEEN USER AND WINDOW BOOK, INC.

The Content on the Site is for your personal use only and not for commercial exploitation. You may not modify, reproduce, republish, distribute, display or transmit any portion of the Site or its Content, except as expressly provided in these Terms of Use. Except as otherwise expressly provided, Window Book does not grant you a license to any Content on the Site, including, without limitation, to any patent, copyright, trademark or other intellectual property right in connection therewith. You may not use the Site or its Content for any unlawful or prohibited purpose, or to transmit any false, misleading, infringing, fraudulent or illegal communication. You may not use any robot, spider, page-scraper or other monitoring or discovery software to determine the Site architecture, circumvent security or authentication measures, or extract information about usage, individual identities or users. Any unauthorized use of the Site or its Content is prohibited, and may constitute a violation of civil or criminal laws.

Window Book reserves the right to change the terms, conditions and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. Window Book also reserves the right to make changes to the features and prices of the products and services offered on the Site, including discontinuing and/or changing the specifications of such products and services, at any time without notice. Product and services information on the Site may be obsolete, and Window Book makes no commitment to update such information.

LINKS TO THIRD PARTY SITES

The Site may contain links to other Web sites not operated by Window Book ("Linked Sites"). The Linked Sites are not under the control of Window Book and Window Book is not responsible for the contents of any Linked Site (“Third Party Content”), including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Window Book is not responsible for webcasting or any other form of transmission received from any Linked Site. Window Book is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Window Book of the Linked Site or any association with its operators. The third parties operating the Linked Sites and/or submitting the Third Party Content, not Window Book, are responsible for ensuring that the Third Party Content is accurate and complies with applicable law. You are solely responsible for assessing and verifying the identity and trustworthiness of any Third Party Content. Window Book makes no representation or warranty as to the quality, performance or content of any Third Party Content. You understand and acknowledge that any access or use that you make of Third Party Content is at your own risk and Window Book has no responsibility or liability for damages or other costs, expenses or claims of any kind, and based on any theory of law or equity, including negligence, arising out of such access or use.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Window Book that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Window Book has no obligation to monitor the Communication Services. However, Window Book reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Window Book reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Window Book reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Window Book's sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. You acknowledge that the parties submitting the materials or information to a Communication Service, not Window Book, are responsible for ensuring that such materials or information are accurate and comply with applicable law. You are solely responsible for assessing and verifying the trustworthiness of any such materials or information, and you understand and acknowledge that any use that you make of such materials or information is at your own risk. Window Book makes no representation or warranty of any kind as to the quality, performance or content of any materials or information found in any Communication Service, or for any defamation, intellectual property infringement, inaccuracy, libel, obscenity or profanity contained therein, and, therefore, Window Book specifically disclaims any liability for damages or other costs, expenses or claims of any kind, and based on any theory of law or equity, including negligence, with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts of Communications Services are not authorized Window Book spokespersons, and their views do not necessarily reflect those of Window Book.

MATERIALS PROVIDED TO WINDOW BOOK OR POSTED AT THE SITE

Window Book does not claim ownership of the materials you provide to Window Book (including feedback and suggestions) or post, upload, input or submit to the Site or to any Window Book Web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Window Book, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to incorporate any Submission in whole or in part into a collective work, database or archive; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission as provided herein. Window Book is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Window Book's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

PRIVACY

By using the Site, you agree to Window Book’s Privacy Statement, located here. In addition, you acknowledge and agree that data transmissions over the Internet cannot be made perfectly secure, and that Window Book does not guarantee that your communications or transactions on or through the Site will not be accessed, intercepted, disclosed, altered or destroyed by third parties, even when such communications or transactions are encrypted.

DISCLAIMER OF WARRANTIES

WINDOW BOOK AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEITHER WINDOW BOOK NOR ITS SUPPLIERS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, THE COMMUNICATIONS SERVICES OR THIRD PARTY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, ITS CONTENT, THE COMMUNICATIONS SERVICES OR THIRD PARTY CONTENT WILL PROVIDE SPECIFIC RESULTS. NEITHER WINDOW BOOK NOR ITS LICENSORS WARRANT THAT ANY CONTENT THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, MALWARE OR OTHER DESTRUCTIVE FEATURES. WINDOW BOOK AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, STATUTORY OR IMPLIED, WITH REGARD TO YOUR USE OF THIS SITE, INCLUDING ALL WARRANTIES OF ACCURACY, CURRENCY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE.

WINDOW BOOK AND ITS SUPPLIERS DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE (“CLAIMS”) OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE CONTENT, THE COMMUNICATIONS SERVICES, THIRD PARTY CONTENT OR USE OF THE SITE INCLUDING, WITHOUT LIMITATION: (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE, ITS CONTENT, THE COMMUNICATIONS SERVICES OR THIRD PARTY CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY LINKED SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE SECURITY, RELIABILITY OR UNAVAILABILITY OF THE SITE, ITS CONTENT, THE COMMUNICATIONS SERVICES, THIRD PARTY CONTENT OR ANY PORTION THEREOF; AND (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE, ITS CONTENT, THE COMMUNICATIONS SERVICES OR THIRD PARTY CONTENT. YOUR SOLE REMEDY FOR ANY CLAIMS AGAINST WINDOW BOOK IN CONNECTION WITH THE SITE, ITS CONTENT, THE COMMUNICATIONS SERVICES OR THIRD PARTY CONTENT IS TO STOP USING THE SITE, OR SUCH CONTENT, THE COMMUNICATIONS SERVICES OR THIRD PARTY CONTENT.

Window Book may, at any time and for any reason and without notice: (a) modify, suspend or terminate operation of or access to the Site, or any portion thereof; (b) modify or change the Site, or any portion thereof, and any applicable policies or terms; and/or (c) interrupt the operation of the Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINDOW BOOK, ITS OFFICERS, EMPLOYEES, DIRECTORS, LICENSORS, AGENTS OR REPRESENTATIVES AND/OR WINDOW BOOK’S SUPPLIERS (EACH, A “WINDOW BOOK PARTY”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST REVENUES, COSTS OF REPLACEMENT GOODS, OPPORTUNITY COSTS OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, ITS CONTENT, ANY THIRD PARTY CONTENT, THE COMMUNICATION SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINDOW BOOK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT THAT, NOTWITHSTANDING THE FOREGOING, A WINDOW BOOK PARTY IS FOUND TO BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, ITS CONTENT, THE COMMUNICATIONS SERVICES OR ANY THIRD PARTY CONTENT, SUCH LIABILITY SHALL BE LIMITED TO $50.00.

INDEMNIFICATION

You agree to indemnify and hold harmless each of the Window Book Parties from any and all damages, losses, liabilities, claims and expenses (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by such parties in connection with or arising from your use of the Site, its Content, the Communications Services or Third Party Content.

ACCESS RESTRICTION; VIOLATION OF TERMS OF USE

Window Book reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Window Book also reserves the right to investigate complaints or reported violations of these Terms of Use, and to take any action Window Book deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information that Window Book deems necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Window Book also reserves the right to disclose any information that Window Book deems necessary to comply with any applicable law, regulation, legal process or governmental request, or to protect the rights, property or personal safety of Window Book, its employees, users of the Site and the public. In addition, Window Book may disclose your information when Window Book determines that applicable law requires or permits such disclosure, including but not limited to disclosures to other entities in connection with fraud protection or prevention.

Window Book may, in its sole discretion and without prior notice, terminate and/or block your access to the Site upon request of law enforcement or other government agencies, or if we determine that you have violated these Terms of Use or the terms and conditions of other agreements or guidelines associated with your use of the Site. You also agree that any violation by you of these Terms of Use will cause irreparable harm to Window Book, for which monetary damages would be inadequate, and you consent to Window Book obtaining any injunctive or equitable relief that Window Book deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Window Book may have at law or in equity.

If Window Book takes legal action to enforce these Terms of Use, in addition to any other relief granted, Window Book will be entitled to recover the legal costs of such action, including reasonable attorneys’ fees. You agree that Window Book will not be liable to you or to any third party for termination of your access to the Site as a result of your violation of these Terms of Use.

GOVERNING LAW

THESE TERMS OF USE AND THIS AGREEMENT IS MADE UNDER, AND WILL BE CONSTRUED ACCORDING TO, THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, U.S.A. You agree that the Uniform Computer Information Transaction Act (or any statutory implementation thereof) and the United Nations Convention on the International Sale of Goods will not apply to these Terms of Use or any relationship arising herefrom. Any claim, dispute or controversy arising out of or relating to these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action shall be deemed barred. Any such claim shall be resolved by arbitration in Boston, Massachusetts in accordance with the commercial rules of the American Arbitration Association. Notwithstanding the foregoing, a party may seek relief (such as an injunction) from any court of competent jurisdiction if, in such party’s judgment, such action is necessary to avoid irreparable damage, and such court shall have exclusive jurisdiction and venue over all matters relating to such relief.

MISCELLANEOUS

These Terms of Use set forth the entire agreement between you and Window Book relating to your use of the Site, and supersede all prior and contemporaneous oral and written agreements and understandings with respect to the same. Window Book’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Window Book of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Window Book and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any right or remedy on any third party.

You may not use or export or re-export any Content or any copy or derivative work thereof, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

Any feedback you provide at the Site shall be deemed to be non-confidential, and Window Book shall be free to use such information on an unrestricted basis.

In the event that a provision of these Terms of Use is deemed unenforceable, you and Window Book agree (a) that the remaining portions of these Terms of Use will remain in full force and effect, and (b) to substitute for the unenforceable provision an enforceable provision which most closely approximates the intent and effect of the unenforceable provision.

PROPRIETARY RIGHTS AND TRADEMARKS

(Last Updated: March 25, 2015)

The Site and its Content is the property of Window Book or third parties and is protected by United States and foreign laws protecting intellectual property rights, including those protecting copyrights and trademarks. Any copies you may make of the Content should include all proprietary notices and marks contained in the original. The trademarks, trade names, logos and service marks, whether or not registered (collectively, the "Trademarks"), displayed on the Site are Trademarks of Window Book and/or third parties.

The following is a list of trademarks (indicated by ™) and trademarks registered in the United States (indicated by ®) of Window Book:

The following information relates to certain trademarks that may appear on the Site and/or on Window Book's other Web pages.

INTELLIGENT MAIL®;, PostalOne!®; and USPS®; are registered trademarks of the United States Postal Service in the United States and/or other countries.

Mail.dat®; is a registered trademark of International Digital Enterprise Alliance, Inc. in the United States and/or other countries.

Windows, Windows NT, Windows XP and the Microsoft logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

Other trademarks from these companies may appear on the Site and/or on Window Book's other Web pages from time to time. All other trademarks from these or other companies referenced in Window Book's Web pages are the property of their respective owners. You have no right to use such trademarks in any way and nothing contained on the Site should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any such trademark without Window Book’s written permission or the written permission of the third party that owns such trademark.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any content on the Site violates your or a third party’s copyright, you should contact Window Book immediately by email at accounting@postalweb.net, by mail at Accounting, Window Book, Inc., 300 Franklin Street, Cambridge, Massachusetts 02139-3781, or by telephone at (617) 395-4500. For your notice to be effective, it must include the following:

If Window Book receives a valid counter notification complying with the provisions of Section 512(g) of the U.S. Copyright Act to the effect that the allegedly infringing content was removed as a result of mistake or misidentification, such content may be reinstated.

QUESTIONS

If you have any questions regarding these Terms of Use, please contact us by email at accounting@postalweb.net, by mail at Terms of Use, Accounting, Window Book, Inc., 300 Franklin Street, Cambridge, Massachusetts 02139-3781, or by telephone at (617) 395-4500.

Last Updated: March 25, 2015

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