This Mailbox Service Agreement (“Agreement”) is made and entered into by the customer identified above (“Customer”) for the use of and services related to a mailbox (“Mailbox”) at Imperial Beach Mailbox Hub in Imperial Beach, California (hereinafter IBM Hub) and shall be governed by the terms set forth herein.

1. Customer agrees not to use IBM Hub premises or services for any unlawful, illegitimate, fraudulent purpose or purpose prohibited by U.S. Postal Regulations. Customer further agrees that any Mailbox use shall conform with all applicable federal, state, and local laws. Each individual or entity must complete a separate U.S. Postal Service Form 1583 to be authorized to receive mail or packages at the IBM Hub up to a maximum of four names (4) and limited to immediate family only.

A. The terms of service are defined exclusively by postal regulations. You may not use the mailbox service just to avoid paying forwarding charges or for any purpose prohibited by law or Postal Service regulations. We will immediately terminate service if used for any unlawful purpose. Service may be provided to minors (unless parents or guardians submit a written objection to the postmaster.

2. This Agreement and USPS Form 1583 shall remain confidential, except that this Agreement and USPS Form 1583 shall be disclosed upon request of any law enforcement or other governmental agency, or when legally mandated. Upon request, Customer agrees to complete all necessary documents, including USPS Form 1583 and any required acknowledgment form relating to service of process. Customer further agrees to sign an updated version of this Agreement and USPS Form 1583 upon request.

A. Upon signing this Agreement and completing USPS Form 1583, a copy of which will be made available to the United States Postal Service, Customer appoints IBM Hub as agent for the receipt of mail for a period not to exceed that for which rent has been paid for in advance. Customer shall provide two forms of valid (current) identification, one of which shall include a photograph. This Agreement may not be amended or modified, except in writing signed by both parties.

Mailbox key shall be released only upon submission of IDs and address verification. Possession of the Mailbox key shall be considered valid evidence that the possessor is duly authorized to remove any contents from the Mailbox. In the event of death or incapacity of Customer, the IBM Hub will require the appropriate documents from the Probate Court, the executor of the estate, the trustee, or other similar person or entity before releasing mail or packages to a requesting party. The mailbox key remains the property of IBM Hub and shall not be duplicated or modified by the customer.

Access to Customer’s mailbox will be provided during the business hours posted by IBM Hub. Should Customer appoint another person or organization to collect mail from IBM Hub premises, Customer shall be responsible for the conduct of such person or organization. Customer agrees to accept full responsibility for additional persons listed on Customer’s USPS Form 1583. Mailbox services fees and other related fees stated herein are subject to change.

Customer agrees to pay an initial set-up fee of $20.00 (which includes a mailbox key fee and other fees associated with establishing a mailbox) as well as applicable monthly service fees and any applicable sales, use, or other taxes. Mailbox service fees are all due and payable in advance and Customer agrees that IBM Hub may withhold mail and packages from Customer pending payment. Customers may cancel at any time however, there will be no prorations or refunds for the cancellation of any service. Customer agrees to pay a late fee of $15.00 if any payment is not received within ten (10) calendar days of the mailbox service agreement due date. If your payment is late, you will not be able to access the mail in your mailbox. After 10 days of non-payment, we will remove the mail, treat it as undeliverable, and close your mailbox.

Note that a closed mailbox is available for new customers immediately, so late payment can lead to loss of your mailbox service address.

B. In the event the Mailbox lock is changed upon the request or fault of Customer, Customer agrees to pay a fee of $25.00. Mailbox service fees and other related fees stated herein are subject to change.

C. Should the Customer consistently receive substantially more volume of mail or packages that can be placed in the mailbox, IBM Hub reserves the right to require the customer to upgrade the service plan to a larger size mailbox or one or more additional mailboxes, according to IMB Hub’s reasonable judgment, and pay any additional service charge. (see attached addendum) Once the agent of IBM Hub has placed the customer’s mail in the assigned mailbox, the mail shall be deemed to have been delivered, and IBM Hub shall not be responsible for loss, theft, or damage. IBM Hub is not engaged in the delivery of mail and cannot be responsible for the failure of the carrier(s) to deliver mail/package or the delivery in a timely fashion or undamaged condition. Service charges are based on average daily volume and activity. Special circumstances, e.g., a high number of parcels, etc. may require assessment of additional fees.

An unusually high volume of mail or packages will result in either a higher fee being charged or termination of the mail-receiving service. The customer further agrees that parcels delivered to this address for the customer will be delivered by common carrier only, that no truck line or personal deliveries will be accepted WITHOUT PRIOR NOTIFICATION, ACCEPTANCE, AND APPROVAL OF IBM HUB, and that parcels will be retrieved within 72 hours after delivery, and that no hazardous or dangerous material will be delivered to the customer. Failure to adhere to any of these parcel delivery stipulations will result in termination of service. No packages, parcels, documents, or mail will be accepted from any unlicensed carrier, messenger, or person. No personal deliveries will be accepted.

3. Customer agrees that upon expiration, cancellation, or termination of this Agreement, Customer will not file a change of address order with the post office. Customer and IBM Hub further agree that upon expiration, cancellation, or termination of this Agreement, Customer authorizes IBM Hub to accept and destroy any “Unsolicited Mail” (e.g., mail addressed to “occupant,” “current resident,” or similar designation; or coupons, advertising, or other promotional material) and any mail addressed to Customer that is delivered to IBM Hub by the United States Postal Service for six (6) months; and may refuse any package addressed to Customer delivered by any party other than the United States Postal Service, such as a commercial carrier service. However, at Customer’s election, IBM Hub will:

A. Re-mail (i.e., forward) Customer’s mail (except for Unsolicited Mail) for six (6) months upon Customer’s payment in advance for postage, packaging material, and forwarding fees. Customers must pay a monthly forwarding fee of $20.00 for month 1, and $15.00 for months 2 through 6 in advance for the time period that mail is to be re-mailed. It is Customer’s responsibility to make arrangements with IBM Hub to identify any mail forwarding needs prior to the expiration, cancellation, or termination of this Agreement; or

B. Store the mail or United States Postal Service packages (except for Unsolicited Mail) for up to six (6) months upon Customer’s payment in advance of a storage fee of $15.00 per month for the time period in which IBM Hub holds the mail or packages, plus a service fee of $10.00 for each time Customer visits IBM Hub to pick up such items. It is Customer’s responsibility to make arrangements with IBM Hub to identify any mail storage needs prior to the expiration, cancellation, or termination of this Agreement.

4. Ninety days (90) after the expiration, cancellation, or termination of this Agreement, IBM Hub may:

A. Refuse any mail or package addressed to Customer and delivered to IBM Hub.
B. Destroy/dispose of any of Customer’s mail or packages remaining at IBM Hub at such time.

6. Customer authorizes IBM Hub to complete and file a Shipper’s Export Declaration as “agent” on behalf of Customer as “principal party in interest” when necessary and to act on behalf of Customer as Customer’s true and lawful agent for purposes of any and all re-mailing, including any re-mailing that requires the filing of a Shipper’s Export Declaration by IBM Hub (i.e., any export transaction), in accordance with the laws and regulations of the United States. Customer further agrees to provide IBM Hub with true, accurate, and complete information regarding the contents of any mail or packages to be re-mailed by IBM Hub, whether during the term of this Agreement or after termination or cancellation.

7. The term of this Agreement shall be the initial period paid for by Customer and any renewal period paid for by Customer from time to time. Renewal of this Agreement for additional terms shall be at IBM Hub’s sole discretion.

8. Customer acknowledges that IBM Hub reserves the right to terminate or cancel this Agreement at any time for any reason by providing Customer with written notice. Valid reasons may include, but are not limited to 1) Customer abandoning the Mailbox; 2) Customer using the Mailbox for unlawful, illegitimate, or fraudulent activities; 3) Customer failing to make timely payments owed to IBM Hub; 4) Customer receiving an excessive volume of mail or packages; 5) Customer displaying offensive, abusive, or disruptive behavior towards other customers or IBM Hub’s staff; and 6) Customer violating any provision of this Agreement. Customer understands that any actions performed by individuals authorized by Customer to use the Mailbox will be considered actions of Customer for the purpose of determining grounds for termination of this Agreement as outlined herein.

9. Any written notice required or permitted under this Agreement shall be considered delivered twenty-four (24) hours after it is placed in Customer’s Mailbox or personally delivered to Customer. In the case of a termination notice due to Mailbox abandonment, the notice shall be considered delivered (a) the day after it is handed to a commercial carrier service or the United States Postal Service for next-day delivery, or (b) five (5) days after it is sent via Certified Mail®, Return Receipt Requested, with postage prepaid, addressed to Customer at the address provided in USPS Form 1583, or on the date of actual receipt, whichever occurs earlier.

10. As Customer’s authorized agent for receipt of mail, IBM Hub will accept all mail, including registered, insured, and certified items, and if authorized on USPS Form 1583, restricted mail (i.e., mail where the sender has paid a fee to direct delivery only to an individual addressee or addressee’s authorized agent). Unless prior arrangements have been made, IBM Hub shall only be obligated to accept mail or packages delivered by commercial carrier services, which require a signature from IBM Hub as a condition of delivery. Customers must accept and sign for all mail and packages upon the request of IBM Hub. Packages not picked up within five (5) calendar days of notification will be subject to a storage fee of $5.00 per day per package up to a maximum of fifteen (15) calendar days, which must be paid before the Customer receives the package(s). (This applies regardless of whether the Customer elected In-Person Retrieval or not). If Customer declines to accept any mail or package or fails to collect within the designated timeframe, IBM Hub may return the items to the sender, and Customer will bear responsibility for any associated postage or fees.(see attached addendum) Should IBM Hub be unable to return a package to the sender due to reasons such as the inability to identify the shipper or locate a return address, the Customer grants IBM Hub authorization to dispose of the package in compliance with applicable state laws. Cash on delivery (C.O.D.) items will only be accepted if prior arrangements are made and payment is provided in advance to IBM Hub. In states where IBM Hub is legally required to act as Customer’s agent for service of process, Customer hereby authorizes IBM Hub to fulfill its role for the duration of the Agreement or as mandated by state law, whichever is longer. IBM Hub commits to adhering to its standard operating procedures for promptly placing received mail addressed to Customer into Customer’s Mailbox. Customer releases, and agrees to indemnify, defend, and hold harmless IBM Hub from any liabilities that may arise at any time in relation to IBM Hub’s actions or its role as Customer’s service of process agent.

11. Customer agrees to defend, indemnify, and hold harmless IBM Hub, as well as their affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents, and employees, from any and all liabilities, damages, expenses, claims, demands, judgments, settlement amounts, costs, and causes of action arising from or related to the use or possession of the Mailbox. This includes, but is not limited to, claims for personal injury or property damage resulting from such use or possession, failures by the United States Postal Service or any commercial carrier service to timely deliver items (such as mail or packages), loss or damage to packages or mail, damage or loss of Mailbox contents due to any cause, IBM Hub’s handling or remittance of sales, use, or other taxes (including any failure to refund collected or remitted amounts), penalties, fines, or other liabilities arising from IBM Hub’s actions or status as Customer’s agent for export transactions, IBM Hub’s completion and submission of any Shipper’s Export Declaration on behalf of Customer, and any violation by Customer of applicable federal, state, local laws, or foreign jurisdiction laws. If IBM Hub submits or processes any claim for sales, use, or other tax refunds on behalf of Customer, Customer agrees to fully cooperate with IBM Hub by providing all necessary information and documentation required for such claims.

12. Customer acknowledges and agrees that IBM Hub is independently owned and operated and is not responsible for any acts or omissions of its authorized agents and or employees.

13.CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF IBM HUB AND IT’S AUTHORIZED AGENTS OR EMPLOYEES, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PERFORMANCE HEREUNDER SHALL NOT EXCEED $100.00 REGARDLESS OF THE NATURE OF THE CLAIM.

14. Customer must use the exact mailing address for Mailbox without modification as outlined in Section two (2) of USPS Form 1583. The United States Postal Service will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”