Terms and Conditions of Service

Blue Naples, LLC, doing business as New England Virtual, owns and operates an Internet site (the “Site”) that provides mail forwarding, scanning, and mail management services to commercial and residential registered users and authorized co-users, both directly and through its network of independently owned and operated USPS Commercial Mail Receiving Agencies (“Authorized Service Providers”). By using the Services, you are entering into an agreement with New England Virtual (“NEV”) and its Authorized Service Providers (collectively, “We” or “Us”) for use of the Services on the terms and conditions set forth herein.

 If you do not wish to be bound by these Terms and this Agreement, you must stop using the Services.

We reserve the right to change these Terms at any time, for any reason, with or without notice to You, in our sole discretion, by posting a revised version of the Terms on the Site. By continuing to use the Services, you agree to be bound by any modifications or amendments to these Terms as may be posted on the Site.

 If any change is found to be invalid, void, or unenforceable for any reason, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these terms and conditions. These Terms incorporate by reference all content on the Site, as though fully set forth herein, including but not limited to our Privacy Policy posted on the Site. By agreeing with these Terms, you also agree to the terms of the Privacy Policy, as well as any future updates or changes made to the Privacy Policy.

 Term of Agreement:

You will select the initial period of the Services when you create a new account, starting on the date you agree to pay for the Services by completing the online subscription form (“Initial Term”). When the Initial Term expires, this Agreement will automatically renew for successive renewal periods equal in duration to the Initial Term, at the fees then charged for the Service package initially purchased.

If We no longer offer that package, you will automatically be placed into the closest equivalent package, based on features and pricing. Notwithstanding the foregoing, we reserve the right to terminate this Agreement at any time, with or without cause, in our sole discretion.

 Receipt of Mail:

NEV agrees to act as your designated agent for receipt of mail under this Agreement, including letters, flats, packages, parcels, from any carrier or by any mode of delivery. You may choose to have Mail delivered to you at NEV’s own facility in Waterbury, CT, at the facilities of one of its Authorized Service Providers or at a designated facility operated by a third-party store operator (“Operator”), who will forward it to NEV for Services, provided that you complete and submit United States Postal Service Form 1583 per its instructions to Us, within 30 days of creating an account. This form is available at https://about.usps.com/forms/ps1583.pdf. If you do not provide NEW with a completed form within 30 days of opening an account, NEV will not be able to accept receipt of Mail on your behalf. Mail received prior to receipt of a completed Form 1583 may be charged a fee and stamped Return to Sender Restricted Mail. NEV will not accept restricted delivery Mail, packages, or parcels on your behalf unless you specifically authorize NEV to do so on Item 5 of the USPS Form 1583.

You acknowledge that NEV can only guarantee acceptance of certified, registered, or restricted-delivery Mail, packages, or parcels at a designated NEV street address, when a NEV employee or employee of an Authorized Service Provider or Operator is present to receive them. Such items may not be accepted at PO boxes. If you have properly filled out and submitted Item 5 of Form 1583, NEV will sign for all restricted Mail that We receive addressed to you.

 Mail Forwarding:

You agree that reshipped Mail sent from a NEV facility or from an Authorized Service

Provider is delivered by NEV, and all our responsibilities with respect to it ends as soon as it is placed in the care of the USPS or other Mail-carrying service. Notwithstanding any other provision in this Agreement, once Mail has been placed in the care of the USPS or other Mail-carrying service for reshipment to an address outside facilities as requested by you, we are not responsible for your Mail, its arrival, or the speed of its delivery. You expressly release Us from all further responsibility or liability with respect to reshipped Mail.

You also agree that We are not responsible for Mail that is subject to a change-of-address order with the US Postal Service unless We can be shown beyond any doubt to have received such Mail; you assume all risks of using COAs to have the USPS send your Mail to us. We are not responsible for the USPS; compliance (or non-compliance) with your COA request.

 Mail Delivered to Operator Facility:

NEV agrees to receive Mail delivered to third party Operator facilities as a convenience to our customers seeking a local address. Operators do not provide Services but may agree to perform the following actions on your behalf: (a) forward letters directly to NEV, (b) scan the labels on packages and parcels and send that information to NEV for processing, (c) hold customer packages for up to two months, awaiting customer pickup. After two months, any unclaimed packages will be forwarded to a NEV facility and managed pursuant to this Agreement. Operators are independent third-party contractors, and are not affiliated with, employed by, or acting on behalf of or as agents of NEV.NEV does not control or direct Operator activities and NEV is not responsible for any Operator’s negligence or failure to properly perform Mail receipt or delivery services.

If you elect to have your Mail received at an Operator facility, you thereby expressly waive and release NEV from any and all liability arising out of the Mail handling services provided by the Operator, including but not limited to liability for the negligence, gross negligence, or willful misconduct of Operator or its agents, managers, owners, employees or representatives.

 Undeliverable and Non-returnable Mail:

If NEV or its Authorized Service Provider receives Mail that is insufficiently addressed to correctly determine the recipient, but which does identify the correct account, it may be delivered to the unassigned mail folder of the administrator of your account. If Mail is insufficiently addressed for Us to determine its recipient or account, or We are unable for any other reason to deliver the Mail to its recipient and unable to return the item to the delivering carrier or the sender, we will hold the Mail for 30 days from receipt. If, after 30 days, no customer has claimed the Mail, we reserve the right to open the Mail to attempt to determine the intended recipient or sender.

If We are still unable to determine the intended recipient or sender, you agree that we may dispose of the mail in our sole discretion without compensation to anyone claiming to have been the owner. You hereby waive any rights and release and hold Us harmless from any claims regarding Mail that fits within the description of this sub-paragraph 3b.

Cash:

You agree that We are not responsible for cash delivered to Us, or for any monetary or otherwise negotiable instruments once they have been placed into the care of a third-party carrier. You acknowledge that you and your senders send cash through the mail or via carriers at your and their own risk, and you solely assume that risk.

In accordance with United States law, we will not create scanned images of currency; other scanning-related charges will apply to any request to open and scan envelopes containing currency.

 Your Forwarding Address:

We will provide you with a mailing address Remote Address at which you will receive Mail using our Services. You acknowledge that We are not liable for changes in the availability of the Remote Address, and your sole recourse other than termination is to notify mailers that your mailing address has changed to a different Remote Address. You agree that in communicating with potential correspondents regarding your Remote Address you will not modify or alter the format of the Remote Address. Any time that you list your Remote Address, you agree to include your box number on the address. You agree that We have no responsibility for Mail that is not properly addressed according to the format We provide, to USPS specifications, or consistent with these Terms. You agree that if We notify you that certain mailers are using an incorrect format for the mailing address, you will timely ask such mailers to update their address information. If an unreasonably high percentage of your Mail is improperly addressed to you at your Remote Address, we reserve the right to suspend or terminate your account. This determination will be made by Us in our sole discretion. You also agree not to represent or suggest by any method, including but not limited to placement on a website of photos purporting to depict your place of business at a Remote Address or by any invitation to anyone to visit your Remote Address, that your Remote address is a physical address at which third parties can find you or which they may physically visit.

 You agree not to publish a Remote Address if you are not current in your payments to Us.

 Mail Services:

Scanning:

By entering into this Agreement, you authorize NEV and its Authorized Service Providers (collectively referred to in this paragraph 8 as “NEV”) to scan the outside of your Mail, provided, however, that you acknowledge that NEV may decline to scan the outside or contents of Mail if, in its sole discretion, NEV deems it to be obscene, an incitement to hate or violence, or contrary to law. You may direct NEV to perform certain actions from your online account interface (and by directing NEV, you thereby authorize NEV to do so), including but not limited to: forwarding Mail to an address you specify; opening and scanning the internal contents of the Mail envelope; shredding or recycling the Mail envelope and its contents; storing the envelope and its contents, or performing any other actions that We may offer.

 Your Responsibility:

 You are responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of your account. We are not responsible for items that are recycled or shredded because of a customer request. You must immediately notify our Customer Service Department of any fraudulent, unauthorized, illegal, or suspicious use of the Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect.

 Mail Assignment:

You acknowledge that We deliver Mail to accounts; We do not warrant that Mail will never be mistakenly assigned to another account, and you acknowledge that in such cases We are not liable to the intended recipient. We will make our best efforts to notify both the intended recipient and the unintended recipient, immediately upon discovery of any error, and to remove the item from the unintended recipient.

 Unauthorized Mail:

In the event that Mail content belonging to a user outside of your account appears in your account by means other than a Transfer from the addressed user (hereafter “Unauthorized Mail”), you agree not to request any action with respect to such Mail, other than to select it, click the “Return” button, and immediately notify our customer service department. You further agree not to view, read, copy, print, or otherwise distribute, disseminate, disclose, or use for any purpose any content or other information on or within a piece of Unauthorized Mail. You agree that violation of these terms may expose you to legal liability, both criminal and civil, and monetary damages, as well as termination of your account.

If an authorized user sharing your account requests processing of Mail addressed solely or jointly to you, you release and hold harmless NEV and its Authorized Service Providers from any liability for carrying out any and all actions requested by that authorized user with regard to such Mail.

 Downtime and Losses:

 Because the Services are a hosted, online application, NEV may occasionally need to take the servers down for routine maintenance, upgrade, and repair.

We will make our best efforts to notify you in advance of such scheduled downtimes. You agree that We are not liable to you for any losses or damages resulting from loss of data because of a downtime or loss of Services during a downtime.

 Service Pricing:

The Services described in this Agreement are provided pursuant to prices published on our website at the Pricing Page (/pricing.html) which is incorporated into this Agreement by reference, or as provided to you in a customized pricing schedule (collectively, Pricing). You hereby subscribe to Services pursuant to the Service Pricing you have selected. You acknowledge that you have website access to a schedule detailing the monthly fees (hereafter, Monthly Pricing Plan) and all other fees applicable to all Services. All fees charged pursuant to this Agreement are subject to change by us.

You agree to pay all activation fees, Monthly Price Plan fees, Mail forwarding and storage fees, and other charges incurred for the Services Pricing Schedule chosen by you (including charges incurred by persons using your account) and/or for all Services. Services not used in any billing cycle may not be carried over into the next billing cycle.

 Payment:

You authorize Us to charge your payment mechanism for all charges incurred by you and all users under your account. Your Account Balance is the total amount of money in your account used to pay for your Monthly Price Plan. A credit is an amount added to the Account Balance, such as funds received from your payment mechanism. A debit is an amount subtracted from the Account Balance, for reasons including renewing your chosen Monthly Price Plan. Credit Limit is the total amount of credit we extend to your account (if any). You agree that we may immediately charge you for all charges or monies owed by you to us. Charges are applied as debits to your Account Balance. By using the Services, you expressly agree that We are permitted to bill you charges associated with the Service Pricing, any applicable tax, and any other charges you may incur in connection with your use of the Services. As used in this Agreement, billing shall indicate either a charge or debit, as applicable, against your payment method. We may change the fees and charges in effect or add new fees and charges from time to time, but We will give you advance notice of these changes.

 If you want to use a different payment method or if there is a change in your credit card validity or expiration date, your continued use of the Services constitutes your authorization for Us to continue billing that payment method and you remain responsible for any uncollected amounts, as well as any cost of collection We may be required to incur.

 Suspension and Account Locking:

Your account will be suspended (Suspension) if your Account Balance is less than $25 (or falls below a custom credit limit We have set for you) and We are unable to complete a funding transaction. If your account is suspended, it will remain functional, but all Service requests will be rejected for lack of funds, and execution of pending Services will be suspended. You will continue to incur charges during the Suspension period, as long as your account remains active. Suspension will end only upon our receipt of amounts sufficient to cause your Account Balance to be greater than or equal to $0.

We may also lock your access to your account in the event We have a reasonable basis to believe you are using it for illegal purposes or in violation of this Agreement.

 Termination:

You agree and acknowledge that We may at our sole option cancel the Services and terminate this Agreement without cause at any time and upon 5 days written notice. Any notice We choose to give may be provided in email or other electronic form. Notwithstanding the above, we may terminate this Agreement immediately for cause.

 You agree that for purposes of this Agreement the actions or failure to act of any user in your account will be attributed to you shall include but not be limited to the following:

Your account remains in Suspension for more than thirty consecutive days.

Your behavior towards our employees, Authorized Service Provider, or other customers is offensive, abusive, violent, threatening, or disruptive.

Failure to provide accurate contact and personal information required from all customers.

Failure to complete and submit USPS Form 1583 within 30 days of account activation.

Failure to cooperate or provide information during any investigation by a local, state, or federal governmental agency.

Detection of a potential fraudulent use of the provided payment mechanism or a violation of any terms in the Agreement.

Violation of any provision in the Agreement, other terms and conditions posted by the company, or breach of representations and warranties.

 Termination by the Customer:

Termination notice is not final until the customer confirms identity and authorization to terminate the account to the company's satisfaction.

Upon notification or approval of termination, the account enters Closed status with no further periodic charges. Any Account Balance may be used to pay past due fees.

Acknowledgment of USPS regulations preventing address change and restrictions on requesting the refusal, return, or redeposit of Mail during the six months following termination.

Reactivation fee required to reopen a Closed account.

 Services After Account Closure:

Inability to log in after closure, waiver of forwarding or re-mailing obligations, and acknowledgment that USPS Mail may be recycled or returned to senders.

Procedures for handling Mail after six billing cycles, including the assessment of fees for Undeliverable and Non-Returnable Mail.

 Refunds:

Refund of any remaining Account Balance within 45 days of account closure, excluding fees related to spam, fraud, or identity theft.

No refund obligation for activation fees, prepaid Monthly Price Plan charges, or fees associated with fraudulent use.

Refund request possible within 120 hours of account creation, excluding activation fees.

Refund requests beyond 120 hours or after Mail receipt may result in an Account Balance refund, excluding Monthly Pricing Plan and activation fees.

Customer-Returned Mail:

Customer bears costs of return shipping and re-processing if they fail or refuse to accept forwarded Mail.

Acknowledgment to sign for or acknowledge acceptance of all Mail sent by the company upon request.

Compliance With Laws:

Acknowledgment of cooperation with USPS Postal Inspection Service and disclosure of information upon reasonable request.

Compliance responsibility with applicable laws, rules, and regulations, with an indemnification clause for claims arising from violations.

 Service of Process:

Acknowledgment that a process server may attempt to serve legal process through Mail.

Company not liable if deemed to have accepted service of process due to Service use.

 Agreement Termination for Illegal Activities:

Company reserves the right to inspect Mail if suspicion arises regarding fraudulent or illegal activities.

Immediate suspension or termination of services without refund in case of suspected illegal activities.

Indemnification of the company against liability arising from Mail inspection or information release to authorities.

 Liability and Indemnification:

Agreement to indemnify the company against liability, claims, damages, or losses related to various aspects of the Service.

Limitation of liability to $100.00 for claims arising from the Agreement or Services.

 Disclaimer of Warranty:

Representation of providing Services consistent with industry standards.

Disclaimer of warranties, express or implied, with no guarantee of meeting user expectations or error-free service.

 Consequential Damages and Limitation of Liability:

Company not liable for indirect, incidental, special, or consequential damages.

Total liability limited to $100.00 without regard to the nature of the claim or damages incurred.

 Representations and Warranties:

Both parties represent legal power and authority to enter into the Agreement.

User representation of truthful information, correct billing, and compliance with laws.

Breach of representations and warranties entitles the company to injunctive relief and monetary damages.

 Third-Party Sites:

Information on third-party products or services provided for convenience only.

Company not liable for correspondence or transactions with third parties, and user indemnifies the company for any claims arising.

 Governing Law:

Governing law is the State of Connecticut, and disputes subject to exclusive jurisdiction of Connecticut courts.

Attorneys' fees and costs recoverable by the prevailing party in disputes.

 Severability:

Invalid or unenforceable provisions deleted, with remaining provisions continuing in full force.

 Communication and Notice:

Consent to receiving electronic communications from the company.

Agreement that electronic notices from the company satisfy legal requirements for written communication.

 Non-Waiver:

Failure to enforce a provision or exercise a right does not constitute a waiver.

 Assignment:

No assignment by the customer without company approval; company may assign without customer consent.