TERMS AND CONDITIONS OF USE FOR BUSINESS USERS ON USPS® CLICK-N-SHIP® VERSION 2 (CnS2)

This Terms of Use Agreement (this "Agreement") is a legal agreement between (i) you (the “Individual”), (ii) the company, entity, or organization that you are representing, if any (the “Company,” and together with the Individual, collectively, "You" "Your" “Customer” or "User") and (iii) the United States Postal Service®, an Independent Establishment of the Executive Branch of the United States Federal Government ("USPS" or "Postal Service" or “We”). This Agreement sets forth the terms and conditions for Your use of the USPS® Click-n-Ship® Version 2 application (“CnS2" or "Service"), an online interface that allows You to print labels for USPS domestic and international mailing services as well as allowing You to get information related to Your business shipping needs. It also allows You to access labels and information and receive preferred, non-public, confidential and proprietary rates through Business Rate Card on Click-N-Ship.  This Agreement is between You and USPS only, and not with any other entity. USPS is solely responsible for the services, content and materials provided through usps.com® and the Service generally. User acknowledges and agrees that User is solely responsible for and shall abide by (i) the terms of this Agreement; and (ii) all policies, procedures and regulations of the United States Postal Service.  

The Individual, by agreeing to this Agreement as a representative of the Company and/or using the Service on behalf of the Company, represents and warrants that he or she is an authorized representative of the Company with the power and authority to bind the Company to the terms of this Agreement and has been authorized by the Company to use the Service on behalf of the Company.  If the Individual’s status as an authorized representative of the Company terminates, he or she shall immediately cease using the Service on behalf of the Company.  The Individual shall be fully liable for any direct or indirect damages that arise from or are related to the Individual’s breach of any representation, warranty, or covenant set forth in this paragraph.

Description of Service

The Service is an online shipping application that serves as a label printing tool for USPS domestic and international mailing services.  You may use the Service to track packages, standardize and validate address information, schedule pickups for packages with labels printed, price shop across services, and print Customs documentation where applicable.  An Internet connection is required for requesting and receiving data from USPS, which may include label tracking numbers and information, postage rates as well as address information.  The Service also allows for businesses to print labels at preferred non-public rates via Business Rate Card on Click-N-Ship.

You agree that We may contact You to ask about Your experiences with the Service and regarding the Postal Service’s other products and services. 

Modification of These Terms of Use  

The Postal Service reserves the right to change the terms, conditions, and notices under which the Service is offered. You may review the most current terms and conditions of use at https://www.usps.com/terms-conditions/cnsv2.htm.  If You do not agree to, or cannot comply with the Agreement as amended, You must stop using the Service. You will be deemed to have accepted the Agreement as amended if You continue to use the Service. User agrees to review these Terms of Use from time to time to ensure compliance with these terms and conditions. User acknowledges and agrees that his or her use of the Service, in each instance, is subject to any such changes and that User’s use of the Service constitutes acceptance of such changed terms whether such terms have been modified at the URL above or whether User has received actual notice of any changes to this Agreement.

Confidentiality of Rates; No Reselling

You acknowledge that the Business Rate Card prices and any other non-published rates that are displayed or accessible to You through your use of the Service are confidential and proprietary to USPS, and may not be disclosed publicly or shared with any third party entity or individual.  User may not offer, sell, or allow the use of Business Rate Card pricing or any other pricing accessible through use of the Service to any other entity or individual.  Reselling the Service is strictly prohibited.  Failure to maintain the confidentiality of non-public rates may result in the suspension of Your access to preferred rates and/or termination of Your account.

Privacy & Data Provided by User

When using the Service, the information You provide is accessible to the Postal Service.  The data provided by User may be used for any Postal Service business purpose, which may include but not be limited to pre-notifying entities such as other countries’ Posts or the United States Customs and Border Protection of incoming packages; notifying recipients of a mail piece of tracking information and prospective delivery times; and the United States Postal Inspection Service to investigate mail fraud or other illegal activities.  Any information provided by You to the Postal Service while utilizing the Service is governed by the USPS privacy policy. The Postal Service reserves the right at all times to disclose any information provided by User as necessary to satisfy any applicable law, regulation, legal process or governmental request in the Postal Service's sole discretion.

Privacy Notice:  For more information regarding our privacy policies, please visit www.usps.com/privacypolicy.

Functionality not Guaranteed – For Shipping Only

You acknowledge that functionality of the Service may be compromised or unavailable based on the configuration of Your system based on Your operating system as well as Your hardware.  Access to the data through the Service is not guaranteed for every computer configuration, and You agree that the Postal Service shall have no liability for Your inability to access data utilizing the Service in every instance, or to access the various services available through CnS2 due to such hardware and operating system constraints.  User acknowledges and agrees that USPS can terminate User's ID or User’s use of the Service at any time. User agrees interaction with the Service is for the sole purpose to facilitate a shipping transaction. User agrees not to manipulate the label or bar code obtained from the Service.

Intellectual Property - License Grant and Restrictions

This Service provided to You by the USPS is solely for User’s use. User may not misuse, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, code, products, or services obtained from the Service or through reverse engineering of the Service. Material provided by the Service is the copyrighted property of the United States Postal Service. All rights not explicitly granted herein are reserved. The information, underlying Service and images presented within the Service may not under any circumstances be reproduced or used without the express written permission of the Postal Service, and You will need written permission from the Postal Service to reproduce, republish, upload, post, transmit, distribute or publicly display any data or other information obtained from the Service.

Click-n-Ship^® and all other Postal Service trademarks (the “USPS marks”) and data included therein, are the intellectual property of USPS protected under U.S. copyright, trademark and other intellectual property laws.  User acknowledges that USPS owns all right, title and interest in and to the Service and any marks or data included therein, and that User owns none and does not gain an ownership interest in such. Except as expressly provided for in this Agreement, User shall not use, reproduce, display, perform, distribute, adapt, modify, or reverse engineer, sell, rent, lease or sublicense any information obtained from the Service or any USPS marks or data included therein.  

USPS grants to You a limited, non-exclusive, non-transferable license in the United States to access and use the Service on any device that You own or control, including permission to display on Your device the USPS Marks that appear when utilizing the Service. Any violation by You of the license provisions contained herein may result in the immediate termination of Your use of the Service. USPS reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

You agree that You will not:

• use the Service to reproduce copyrighted materials;
• provide Your password to any other person or entity;
• circumvent any technology used by the USPS to protect content accessible via CnS2;
• attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Service or the data contained therein; or
• prevent or disrupt the use of the Service by others.

All title and intellectual property rights in and to the content in or accessible by the Service is the property of the respective content owner (whether the USPS or a licensor to the USPS) and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

The Service contains the trademarks, service marks, graphics and logos of the USPS and may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to such USPS marks or the trademarks of any third party.

Links to Third-Party Sites

The Service may contain links to websites operated by parties other than the Postal Service. Such links are provided solely for User’s convenience. The Postal Service does not control such third-party websites and is not responsible for the contents of such sites. The Postal Service's inclusion, if any, of links to such third-party websites does not imply any endorsement of the material on such sites or any association with their operators. When linking to such third-party websites, the Postal Service follows web-linking and exit page guidelines as set forth in USPS Management Instruction AS-610- 2012-3. The Postal Service does not monitor websites linked to by User, and the use of any such links is performed strictly at the User's own risk. IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ACTIVITY OCCURRING ON NON-POSTAL SERVICE WEBSITES WHEN A USER LINKS TO SUCH SITE FROM THE SERVICE.

No Unlawful or Prohibited Use

As a condition of Your use of this Service, You represent and warrant to the Postal Service that You will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use.

In any instance where User contacts the Postal Service regarding the Service, User grants the Postal Service permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose by You to the Postal Service in any manner that the Postal Service chooses, commercial, public or otherwise, without compensation whatsoever. User agrees and acknowledges that all content found within the Service, whether provided by the Postal Service, third-parties or from User, to the fullest extent permitted by law and under contract, shall be or become the property of the United States Postal Service with no restrictions in use, whether commercial or otherwise.

Liability Disclaimer

CnS2 and accompanying services provided to User may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Postal Service and/or its respective suppliers may make improvements and/or changes to this Service at any time.

THE SERVICE AND MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW. THE POSTAL SERVICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE POSTAL SERVICE DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT, THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE WILL BE FREE OF ERRORS OR VIRUSES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE POSTAL SERVICE BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR ANY DAMAGES RESULTING FROM USER’S INABILITY TO ACCESS OR USE, MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE DUE TO FAILURE OF THE USER’S COMPUTER OR OPERATING SYSTEM.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL USPS BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE SERVICE OR INABILITY TO USE THE INFORMATION RECEIVED FROM WEB SERVERS. IN NO EVENT SHALL USPS BE LIABLE TO A USER FOR ANY LOSS, DAMAGE OR CLAIM.

USPS Postage Evidencing System and Payment Discrepancies

Pursuant to 39 CFR Part 501, the Postal Service has deployed postage evidencing systems in an effort to confirm proper postage is paid on shipments using the Service.  Your use of the Service is subject to Section 39 C.F.R. 501.16(i) (Revenue Assurance).

You agree that You will pay online using Your business Click-N-Ship^® account credentials. You acknowledge that Click-N-Ship is a platform where You may purchase a variety of Postal Service^™ products and services.  You are responsible for paying the current, published or applicable Business Rate Card postage and fee amounts for all Postal Service products and services that are purchased using Your account regardless of whether You are the sender. You shall ensure that when products or services offered by the Postal Service are purchased through Your account, all information entered to calculate postage is complete and accurate in all respects, including without limitation with respect to the service selected: the mailpiece’s weight, contents, dimensions, packaging, origin and destination ZIP Codes.

In the event that the Postal Service has determined that the postage or fee paid for a product or service offered by the Postal Service using Your account is less than the applicable rate for that service at the time the mailpiece is entered into the mailstream, and the amount of such underpayment exceeds a threshold amount to be established by the Postal Service from time to time in its sole discretion (the “Threshold Amount”), the Postal Service may suspend Your account and Your access to the Service until such time that all underpaid amounts are paid in full.  You acknowledge and agree that the Postal Service may invoice or automatically charge Your account for unpaid amounts in such instances and You hereby consent to, and agree to, pay any and all such charges.  In addition, You acknowledge and agree that the mailpieces mailed under Your account may be delayed or returned to sender until Your account is paid in full. You may have an opportunity to dispute the Postal Service’s assessment in accordance with rules and processes to be established by the Postal Service from time to time in its sole discretion.

In the event that the Postal Service suspects that Your account has been used to intentionally or repeatedly underpay postage or fee amounts, (i) the Postal Service shall have the right in its sole discretion to temporarily suspend or permanently terminate your Account and Your access to the Service, and (ii) You may be subject to penalties and/or fees.

In the event that Your use of the Service gives rise to a dispute or collection efforts, You authorize the Postal Service to disclose Your account, transaction and personal information for the purpose of resolving such dispute or pursuing collections, as applicable.

YOU HEREBY RELEASE THE POSTAL SERVICE AND ITS GOVERNORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS  AND AGENTS (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “CLAIMS”), WHICH ARISE OUT OF, RELATE TO OR RESULT FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT, ANY DELIVERY DELAYS, YOUR USE OF THE SERVICE, OR THE POSTAL SERVICE’S EXERCISE OF ITS RIGHTS HEREUNDER. 

In the event that the postage or fee paid for a service offered by the Postal Service using Your account is more than the applicable rate for that service at the time the mail piece is entered into the mailstream, and the amount of such overpayment exceeds the Threshold Amount, the Postal Service may provide a credit or refund to Your account. 

You agree to the Click-N-Ship refund policy, which states that Click-N-Ship^® labels are only eligible for refunds within 30 days of the print date (the label transaction date). LABELS ARE ELIGIBLE FOR REFUNDS IF A BARCODE SCAN EVENT DOES NOT SHOW UP IN THE USPS SYSTEM, AND IF A REFUND HAS NOT BEEN PREVIOUSLY REQUESTED OR PROCESSED FOR THE LABEL.

If it has been more than 30 days from the transaction date, but less than 60 days, You agree to initiate a refund by e-mailing the Click-N-Ship Help Desk. REQUESTS FOR REFUNDS WILL NOT BE GRANTED ONCE SIXTY (60) CALENDAR DAYS (2 CREDIT CARD BILLING CYCLES) HAVE ELAPSED FROM THE DATE THE LABEL WAS PRINTED.

The refund request will be verified and processed and the original payment method will be credited within 14 days if approved. Timing of posting refunds to an account depends upon Your financial institution. You will receive an email notification after You request Your refund and once Your refund request has been approved or denied.

The Postal Service may assess an additional fee, in addition to normal postage fees, for Sunday delivery of packages where available. If the Postal Service does not attempt delivery on Sunday for a package that You have entered into the system in accordance with this Agreement, any additional Sunday delivery fee assessed will be automatically refunded to your Click-N-Ship account.

Each time You use the Service, You represent and warrant to the Postal Service that (i) the name and address listed on Your account is complete and accurate and may be used by the Postal Service for the purpose of providing notices under the law in lieu of service of process; (ii) You are not indebted to the Postal Service in connection with Your use of the Service under any other account whether inactive or active or otherwise; and (iii) if You are agreeing to these terms and/or are using the Service on behalf of another person, company or organization, You are authorized to take such actions on their behalf.

The Postal Service’s rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies that may be available to the Postal Service, whether provided by law, equity, or in any other agreement between the parties or otherwise. 

In the event that You are using the Service to provide access to products or services offered by the Postal Service to a third-party customer, You agree to indemnify the Indemnified Parties for, and defend them against, any third-party Claims whether known or unknown, which arise out of, relate to or result from any suspension or termination of Your account, Your use of the Service, or the Postal Service’s exercise of its rights hereunder.  You acknowledge and agree that the Postal Service may directly pursue collections and enforce deficiencies of underpaid amounts against You or Your customers.

Mailer Responsibility

Hazmat, Restricted, and Fragile Items Representation.  You agree that You will present any items that are restricted, liquid, perishable or potentially hazardous to a Postal Service employee for acceptance in accordance with Mailing Standards of the United States Publication 52 – Hazardous, Restricted, and Perishable Mail, and that all fragile items are properly packaged.

You must comply with all applicable U.S. Postal Service standards, including those in the Domestic Mail Manual (DMM) and the International Mail Manual (IMM).  In the event of a conflict between USPS web site information or this Agreement and DMM or IMM information, the DMM or IMM will control. User acknowledges that, regardless of any statement contained in the Service, the Domestic Mail Manual or the International Mail Manual, the burden rests with User to ensure compliance with the prescribed laws and regulations governing domestic and international mail, both those of the United States and those of the destination country where applicable. Full responsibility rests with User to comply with all postal and nonpostal laws and regulations regarding the mailing of dangerous goods. User acknowledges that causing non-mailable or improperly packaged dangerous goods to be entered into the mailstream can subject User to legal penalties, which may include but not be limited to criminal penalties as specified in Title 18 of the United States Code. 

In addition, any discounts as compared to standard shipping rates received utilizing the Service are subject to the User qualifying for such discounts.  IN THE EVENT USER DOES NOT QUALIFY FOR THE DISCOUNTS INDICATED BY USING THE SERVICE, USER SHALL BE LIABLE TO THE USPS FOR THE DIFERENCE BETWEEN WHAT WAS CHARGED FOR POSTAGE, AND RATES USER SHOULD HAVE BEEN CHARGED.

If you are using the Enterprise Payment System as a payment method, use of the Service requires your acceptance of, and adherence to the Postal Service’s Enterprise Payment System terms and conditions.  Such terms and conditions are available at:  https://postalpro.usps.com/eps/terms.

Access Restriction

The Postal Service, in its sole and unreviewable discretion, reserves the right to deny any User access to the Service, its accompanying services or any portion of usps.com without notice.

In the event that You or Your account has breached any of the terms of this agreement, the Postal Service shall have the right in its sole discretion to immediately temporarily suspend or permanently terminate Your Account and Your use of the Service.

General

This agreement is governed by United States Federal Law. User agrees that all disputes and matters whatsoever arising under, in connection with or incident to these Terms of Use shall be brought by User, if at all, in and before the United States District Court for the District of Columbia, to the exclusion of the courts of any other state or country. User agrees to waive any objections as to the laying of personal jurisdiction or venue in such a court, and as to any purported inconvenience of the chosen forum.

Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Postal Service's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Postal Service's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of this Service or information provided to or gathered by the Postal Service with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

YOU AGREE TO DEFEND (AT USPS’S DISCRETION), INDEMNIFY AND HOLD USPS HARMLESS AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITY, LOSS, DAMAGE, JUDGMENTS, OR EXPENSE (INCLUDING COURT COSTS AND REASONABLE ATTORNEY’S FEES) ARISING OUT OF YOUR USE OF THE SERVICE AS WELL AS FOR ANY CLAIMS BROUGHT FOR THE PRODUCTS OR SERVICES SOLD AND SHIPPED USING THE SERVICE.  IN ANY SUCH INSTANCE, YOU ACKNOWLEDGE AND AGREE THAT THE POSTAL SERVICE, IF IT SO CHOOSES IN ITS SOLE AND UNREVIEWABLE DISCRETION, SHALL CONTROL ANY SUCH DEFENSE THAT ARISES UNDER THIS PARAGRAPH. 

Nothing in this Agreement shall be deemed to create, either expressly or by implication, the power in either Party to bind the other.  Neither Party shall be bound by the actions of the other Party.  Nor shall the Parties be liable for the debts of the other.  Furthermore, neither Party shall have a right to share in the profits of the other.  This Agreement is not intended to be a joint venture, partnership, or other formal business organization, and neither Party is under any obligation to enter into any further agreement with or make any additional compensation to the other Party.

No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving Party. The failure of either Party to require the performance of any term or obligation of this Agreement, or the waiver by either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach or operate as a waiver of any other term of this Agreement.

This Agreement constitutes the entire agreement between the User and the Postal Service with respect to this Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Postal Service with respect to this Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You acknowledge and agree that You have read the entire Agreement above and You represent and warrant that You are authorized to accept this Agreement with the requisite corporate power to bind Your business to perform the obligations hereunder.

Updated: 5/2/2024