Effective Date : March 6, 2025

 

This document, the “Service Terms and Conditions” (this “Agreement”), is a legally binding contract between you (the “User”, “you”, or “your”) and Aventura Partners LLC doing business as POSTGHOST (“POSTGHOST”, “we”, “us”, or “our”). This Agreement governs your use of the POSTGHOST website located at www.postghost.io, including our blog at postghost.io/blog/, our mobile applications on both iOS and Android platforms (collectively, the “Applications”), and all related services, including POSTGHOST newsletters and email notifications (together with the Applications, the “Services”).

 

Service Overview
POSTGHOST provides subscription-based services designed to assist Users in reducing or eliminating the delivery of unsolicited physical marketing mail (commonly referred to as “junk mail”). POSTGHOST achieves this by submitting opt-out requests to data brokers, marketing organizations, and individual mailers on behalf of Users. The Services include both initial bulk opt-outs at registration and ongoing, User-initiated opt-out requests, all tracked via the POSTGHOST user dashboard. POSTGHOST is not a law firm and does not provide legal representation or legal advice.

 

BY ACCESSING THE WEBSITE, DOWNLOADING THE APPLICATIONS, SUBSCRIBING TO THE SERVICES, OR COMPLETING THE REGISTRATION PROCESS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING POSTGHOST’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
THIS AGREEMENT CONTAINS PROVISIONS REQUIRING MANDATORY ARBITRATION OF DISPUTES AND A WAIVER OF THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 17. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

 

  1. Changes to Terms of Service

1.1. Right to Modify Terms
POSTGHOST reserves the right, at its sole discretion, to modify, amend, or replace this Agreement, in whole or in part, at any time. Such modifications may include changes to the Services, Applications, or any policies referenced in this Agreement.

1.2. Notice of Changes
Any changes to this Agreement will be posted on the POSTGHOST website, with the “Effective Date” updated accordingly. You are responsible for reviewing this Agreement periodically to ensure you remain informed of any updates. Continued use of the Services following the posting of changes constitutes your acceptance of the revised terms.

 

  1. User Eligibility and Account Creation

2.1. Eligibility Requirements
The Services and Applications are intended solely for use by individuals and businesses located within the United States who are legally capable of entering into binding contracts under applicable law. By using the Services, you represent that you are at least eighteen (18) years old and that you are creating an account for yourself, your household, or your business as applicable.

2.2. Personal and Business Use Requirement
POSTGHOST offers different plans tailored to distinct use cases:

  • Individual, Couple, and Family Plans: These plans are intended exclusively for personal, household use. Each account is limited to a single household, meaning individuals residing at the same residential address. Accounts under these plans may not be resold, shared with individuals outside the household, or used for commercial purposes, including offering opt-out services to third parties.
  • Business Plans: The Business Plan is intended exclusively for legitimate business use by authorized representatives of the subscribing business entity. Business accounts may only be used to manage opt-outs related to the subscribing business’s name, address, and other contact information. Personal or household opt-outs are not permitted under Business Plans.

2.3. Geographic Limitation
POSTGHOST’s Services are available only to Users with mailing addresses located within the United States. Users must provide a valid U.S. mailing address to create an account and utilize the Services. POSTGHOST does not service addresses located outside the United States.

 

  1. Conduct and Use of Services

3.1. Compliance with Laws and Guidelines
In accessing or using the Services, Applications, or website, you agree to comply with all applicable local, state, national, and international laws, regulations, and POSTGHOST’s community guidelines.

3.2. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:

  • Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;
  • Collecting or harvesting personal data of other Users without their consent;
  • Engaging in any illegal, infringing, defamatory, harassing, fraudulent, or abusive conduct;
  • Attempting to reverse engineer, copy, scrape, or access the Services or its data through unauthorized means;
  • Creating multiple accounts for a single User, or creating accounts using false information;
  • Submitting opt-out requests for individuals you are not legally authorized to represent;
  • Distributing spam, chain letters, or other unsolicited bulk communications through the Services;
  • Uploading or distributing any viruses, malware, or malicious code;
  • Using the Services for any purpose other than personal, lawful opt-out management as intended by POSTGHOST.

3.3. Enforcement and Account Termination
POSTGHOST reserves the right to investigate suspected violations of this Agreement. If, in POSTGHOST’s sole judgment, you have violated any provision of this Agreement, POSTGHOST may immediately terminate your access to the Services without notice, and pursue any additional legal remedies available.

 

  1. Accessing and Downloading the Application from iTunes or Google Play

4.1. Relationship with App Store Providers
You acknowledge that this Agreement is between you and POSTGHOST, not with Apple Inc., Google LLC, or any other app store provider (“App Store Provider”). POSTGHOST, not the App Store Provider, is solely responsible for the Applications and their content. Your use of the Applications must comply with the terms of service of the applicable App Store Provider.

4.2. Maintenance and Support
The App Store Provider has no obligation to provide maintenance or support for the Applications. POSTGHOST is solely responsible for all maintenance, support, and any product warranties, to the extent applicable.

4.3. Warranty Claims
If the Application fails to conform to any applicable warranty, you may notify the App Store Provider, and the App Store Provider may refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligations with respect to the Application.

4.4. Product Claims and Legal Compliance
POSTGHOST, not the App Store Provider, is responsible for addressing any claims relating to the Applications, including product liability, consumer protection, or legal compliance claims. You represent that you are not located in a country subject to U.S. government embargo or on any U.S. government list of prohibited or restricted parties.

4.5. Intellectual Property and Enforcement
In the event of a third-party claim that the Application infringes intellectual property rights, POSTGHOST, not the App Store Provider, is responsible for the investigation, defense, settlement, and discharge of such claims.

4.6. Third-Party Beneficiary
You acknowledge and agree that the App Store Provider (and its subsidiaries) are third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.

 

  1. Sign-In Name, Password, and Account Security

5.1. Account Registration
To access certain features of the Services, you must create a POSTGHOST account and provide a sign-in name (“Sign-In Name”), password (“Password”), and other required information. You agree to provide accurate, complete, and up-to-date information when creating your account.

5.2. Account Security
You are solely responsible for maintaining the confidentiality of your Sign-In Name, Password, and any other credentials associated with your account. You agree not to allow others to use your account credentials and to notify POSTGHOST immediately of any unauthorized access or suspected security breach.

5.3. Account Responsibility
You are responsible for all activities that occur under your account, whether authorized by you or not. POSTGHOST is not responsible for any loss or damage arising from unauthorized access to your account resulting from your failure to follow these security obligations.

 

  1. Beta Features

6.1. Access to Pre-Release Services
From time to time, POSTGHOST may offer certain features, functionalities, or services on a beta or pre-release basis (“Beta Features”). Participation in any Beta Features is entirely voluntary and at POSTGHOST’s sole discretion.

6.2. Beta Disclaimer
Beta Features are provided “as is” and “as available” without warranties of any kind. POSTGHOST makes no representations or guarantees regarding the performance, functionality, or reliability of Beta Features, and reserves the right to modify or discontinue any Beta Feature at any time without notice.

6.3. Feedback and Ownership
If you choose to participate in Beta Features, you agree to provide feedback regarding your experience if requested. All feedback, suggestions, or ideas you provide regarding Beta Features become the sole property of POSTGHOST, without compensation or obligation to you.

6.4. No Liability for Beta Participation
POSTGHOST shall have no liability for any loss, damage, or harm arising from your use of Beta Features, including but not limited to loss of data or service interruptions.

6.5. Termination of Beta Access
POSTGHOST may suspend or terminate access to any Beta Feature at any time, with or without cause.

 

  1. Intellectual Property Rights

7.1. Ownership of Services and Content
All content provided through the Services, including but not limited to text, graphics, logos, images, software, and the overall design and compilation thereof (“POSTGHOST Content”), is the exclusive property of POSTGHOST or its licensors and is protected under copyright, trademark, and other intellectual property laws.

7.2. Limited License
Subject to your compliance with this Agreement, POSTGHOST grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, household, or authorized business use (as applicable to your subscription type). This license does not include the right to sublicense, distribute, or otherwise commercially exploit any POSTGHOST Content.

7.3. Trademarks
All POSTGHOST trademarks, logos, and service marks (collectively, “Marks”) displayed on the Services are the property of POSTGHOST or its licensors. No license or right to use any Marks is granted to you without POSTGHOST’s express written permission.

7.4. Prohibited Use of Intellectual Property
You may not modify, copy, reproduce, create derivative works from, distribute, publicly display, or otherwise exploit any POSTGHOST Content or Marks, in whole or in part, without prior written consent from POSTGHOST. Unauthorized use may violate applicable laws and result in legal action.

 

  1. Description of Other Rights and Limitations

8.1. Copyright Notices
You must not remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing in or along with the Services, Applications, or POSTGHOST Content.

8.2. Prohibition on Reverse Engineering
You may not reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying ideas of any POSTGHOST software, technology, or systems, except to the limited extent expressly permitted by applicable law notwithstanding this prohibition.

8.3. No Resale or Unauthorized Use
You may not rent, lease, lend, sell, sublicense, assign, or otherwise transfer any rights in the Services to any third party without POSTGHOST’s prior written consent. Unauthorized reselling of Services, including offering third-party opt-out services using POSTGHOST accounts or technology, is strictly prohibited.

8.4. Support Services
POSTGHOST may offer support services in connection with the Services (“Support Services”), provided at POSTGHOST’s discretion. Any software, materials, or advice provided as part of Support Services shall be deemed part of the Services and subject to this Agreement.

 

  1. Our Use of User Content

9.1. Submission of User Content
The Services may allow you to submit, upload, or transmit content, including but not limited to images, feedback, comments, or requests related to unwanted mail (“User Content”). You retain ownership of any User Content you submit.

9.2. License Grant to POSTGHOST
By submitting User Content, you grant POSTGHOST a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, publicly display, and perform such User Content in connection with the Services and POSTGHOST’s business operations. This includes the right to use anonymized or aggregated content for product improvement, analytics, or marketing purposes.

9.3. User Content Representations
You represent and warrant that:
(a) You own or have the necessary rights and permissions to submit the User Content and to grant the license described above.
(b) Your User Content does not infringe, misappropriate, or violate any third party’s rights, including intellectual property, privacy, or publicity rights.

9.4. User Content Disclaimer
POSTGHOST does not endorse, guarantee the accuracy of, or assume any liability for any User Content submitted by you or other Users. POSTGHOST reserves the right, but has no obligation, to monitor, review, or remove any User Content at its sole discretion.

 

  1. Monitoring of Content

POSTGHOST does not, and cannot, pre-screen or monitor all User Content submitted through the Services. However, POSTGHOST reserves the right, but not the obligation, to monitor, review, edit, or remove any User Content that POSTGHOST, in its sole discretion, determines to be illegal, infringing, offensive, abusive, or otherwise in violation of this Agreement.

POSTGHOST’s exercise or non-exercise of its rights under this Section shall not create any duty or obligation to monitor or police User Content on an ongoing basis.

 

  1. Copyright Infringement and DMCA Policy

11.1. Respect for Intellectual Property
POSTGHOST respects the intellectual property rights of others and expects Users to do the same. It is POSTGHOST’s policy to respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.

11.2. Submitting a Copyright Complaint
If you believe any content within the Services infringes your copyright, you may submit a written notice to POSTGHOST’s designated Copyright Agent containing the following:
(a) A physical or electronic signature of the copyright owner or authorized agent;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the allegedly infringing content, with sufficient detail for POSTGHOST to locate it;
(d) Your contact information, including address, phone number, and email;
(e) A statement that you have a good faith belief that the use of the content is unauthorized; and
(f) A statement that the information provided is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.

DMCA Agent Contact Information:
Aventura Partners LLC d/b/a POSTGHOST
Attn: Copyright Agent
[Insert Mailing Address]
Email: legal@postghost.io

11.3. Response and Repeat Infringers
Upon receipt of a valid copyright notice, POSTGHOST may remove or disable access to the allegedly infringing content and notify the user responsible. In accordance with the DMCA and other applicable laws, POSTGHOST reserves the right to terminate, in appropriate circumstances, the accounts of Users who are repeat infringers.

 

  1. Links to Third-Party Websites

The Services may contain links to websites, applications, or services operated by third parties (“Third-Party Sites”). These links are provided for your convenience only, and POSTGHOST does not control, endorse, or assume responsibility for any Third-Party Sites or their content, products, services, privacy practices, or terms of use.

You acknowledge and agree that your use of any Third-Party Sites is entirely at your own risk, and you release POSTGHOST from any liability arising from your access to or use of any Third-Party Sites. POSTGHOST encourages you to review the terms and privacy policies of any Third-Party Sites you visit.

 

  1. Subscription Costs and Payment Procedure

13.1. Subscription Plans and Charges
Access to the Services requires an active paid subscription, with the exception of any limited-time trials POSTGHOST may offer at its discretion. POSTGHOST offers several subscription plans, including:

  • Individual Plan – for a single household user.
  • Couple Plan – for two members of the same household.
  • Family Plan – for up to four members of the same household.
  • Business Plan – for authorized representatives managing opt-outs for a single U.S.-based business entity.

All subscription fees, applicable taxes, and payment terms are disclosed at the time of subscription. POSTGHOST reserves the right to modify pricing and plan features at any time, with advance notice provided to current subscribers.

13.2. Payment Authorization
By subscribing to the Services, you authorize POSTGHOST (or its third-party payment processor) to charge your provided payment method for recurring subscription fees, applicable taxes, and any other agreed-upon charges.

13.3. Automatic Renewal
All POSTGHOST subscriptions automatically renew at the end of each billing cycle (monthly or annually, depending on the selected plan), unless you cancel in accordance with Section 13.5 below. By subscribing, you agree that POSTGHOST may automatically charge your payment method on each renewal date unless you cancel beforehand.

13.4. No Refunds
All payments are non-refundable, except as required by applicable law or explicitly offered by POSTGHOST in its sole discretion. Users can cancel at any time, but cancellation takes effect at the end of the current billing period — no prorated refunds will be issued for unused time.

13.5. Subscription Cancellation
You may cancel your subscription at any time via your online account portal at postghost.io/my-account/subscriptions/. For subscriptions purchased through the Apple App Store or Google Play Store, cancellation must be processed directly through the applicable store, subject to their terms.

Cancellations prevent future charges but do not entitle you to a refund for the current billing period.

13.6. Payment Information Updates
You are responsible for maintaining accurate and up-to-date payment information. Failure to update payment details may result in suspension or termination of your account.

13.7. Promotional Offers and Trials
From time to time, POSTGHOST may offer promotional pricing or free trial periods. Any such offers are subject to the terms disclosed at the time of promotion and may not be combined with other offers unless expressly stated.

 

  1. Authorization to Act as Your Authorized Agent

14.1. Appointment and Scope
By subscribing to the Services, you expressly authorize POSTGHOST to act as your authorized agent for the limited purpose of submitting opt-out, suppression, and related requests to third parties that process, sell, or distribute your personal information for marketing, promotional, or solicitation purposes. This includes, but is not limited to, data brokers, direct marketing organizations, catalog companies, insurance marketers, and nonprofit mailers. POSTGHOST may submit requests to individual companies, industry groups, or publicly available opt-out channels as necessary to fulfill the Services.

14.2. Required Information and Direct Contact
You acknowledge that certain third parties may require additional information or direct communication with you to verify your identity or validate the opt-out request. POSTGHOST is authorized to provide the personal information you submit during your account registration and profile creation for this purpose, and to coordinate directly with you to supply any additional confirmations or verifications required by specific mailers or brokers.

14.3. Written Authorization Documentation
Upon request by any third party, POSTGHOST is authorized to furnish a written authorization signed or acknowledged by you (electronically or otherwise) confirming POSTGHOST’s authority to act on your behalf. POSTGHOST will maintain a record of your authorization and opt-out requests in accordance with its data retention policies.

14.4. Duration and Revocation
This authorization remains effective for the duration of your active subscription, and for a reasonable period thereafter to process any pending requests initiated before cancellation. You may revoke this authorization at any time by canceling your subscription and providing written notice to POSTGHOST at support@postghost.io; however, such revocation will not impact opt-out requests already submitted or in progress.

14.5. Limitations
This authorization is limited strictly to the submission and management of opt-out, suppression, and data deletion requests related to physical direct marketing mail. It does not authorize POSTGHOST to act on your behalf in legal proceedings, financial transactions, or any matters outside the scope of the Services. POSTGHOST does not guarantee that any specific mailer, broker, or organization will honor an opt-out request, particularly in cases where legal exemptions or operational limitations apply.

 

  1. Indemnity

You agree to indemnify, defend, and hold harmless POSTGHOST, its parent company, affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:
(a) your use of the Services;
(b) any violation of this Agreement by you or anyone using your account;
(c) your submission of inaccurate, incomplete, or fraudulent information to POSTGHOST or to any third party through the Services;
(d) POSTGHOST acting as your authorized agent in accordance with Section 14, including any disputes with third parties arising from such requests; or
(e) your violation of any law, regulation, or the rights of any third party in connection with your use of the Services.

POSTGHOST reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify POSTGHOST, and you agree to cooperate with POSTGHOST’s defense of such claims. You agree not to settle any such claim without POSTGHOST’s prior written consent.

 

  1. Disclaimer of Warranties

16.1. Services Provided “As Is”
POSTGHOST provides the Services, Applications, and all related content, information, and functionality strictly on an “as is” and “as available” basis, without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, POSTGHOST expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, data accuracy, and system integration.

16.2. No Guarantee of Third-Party Compliance

While POSTGHOST will make commercially reasonable efforts to process opt-out requests on your behalf, POSTGHOST does not and cannot guarantee that any particular mailer, data broker, marketing organization, or other third party will honor any opt-out request, cease sending marketing mail, or comply with any applicable laws, regulations, or industry guidelines. POSTGHOST has no control over the operations, policies, or practices of these independent entities, and POSTGHOST expressly disclaims any liability for their acts, omissions, or failures to honor opt-out requests submitted through the Services.

16.3. Limited Service Credit – Persistent Mailer Guarantee

Notwithstanding the foregoing, for eligible subscribers, POSTGHOST offers a limited service credit under its Persistent Mailer Guarantee if certain opt-out requests remain unresolved after following all required processes. This Guarantee, including eligibility criteria, required user actions, and specific remedies, is incorporated into these Terms by reference and set forth in Exhibit A: Persistent Mailer Guarantee.

16.4. No Legal Advice
POSTGHOST is not a law firm and does not provide legal advice. Nothing in the Services, Applications, or this Agreement constitutes legal counsel or legal representation. Users seeking legal advice should consult with a qualified attorney.

16.5. Service Interruptions
POSTGHOST makes no warranty that the Services will be uninterrupted, error-free, secure, or free of harmful components. POSTGHOST does not guarantee the accuracy or reliability of any information provided through the Services.

16.6. Limitation on Scope

The Services are limited to assisting users with managing opt-out requests related to physical marketing mail in the United States. POSTGHOST does not handle opt-outs for email marketing, telemarketing, political campaigns, government communications, or legally mandated notices. Additional excluded mail types and senders are described in Exhibit B: What We Cannot Stop, which forms part of these Terms.

 

  1. Limitation of Liability

17.1. Cap on Liability
To the fullest extent permitted by applicable law, POSTGHOST, its parent, affiliates, officers, directors, employees, agents, suppliers, licensors, and service providers shall not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your use of, or inability to use, the Services. This includes, without limitation, damages for lost profits, lost data, loss of goodwill, service interruptions, computer damage or system failure, or the cost of substitute services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if POSTGHOST has been advised of the possibility of such damages.

17.2. Total Liability Limitation
POSTGHOST’s total cumulative liability to you for all claims arising from or related to this Agreement or your use of the Services, regardless of the legal theory, shall not exceed the total amount paid by you to POSTGHOST in subscription fees in the twelve (12) months preceding the event giving rise to the claim.

17.3. Exclusions
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such cases, POSTGHOST’s liability will be limited to the greatest extent permitted under applicable law.

 

  1. Arbitration Agreement

18.1. Mandatory Arbitration
You and POSTGHOST agree that any dispute, controversy, or claim arising out of or related to this Agreement, the Services, or your relationship with POSTGHOST (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved exclusively through final and binding arbitration, rather than in court, except for individual claims that qualify for small claims court or injunctive relief claims relating to intellectual property or unauthorized access to the Services.

18.2. Arbitration Rules
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules in effect at the time the arbitration is initiated. The arbitration will be held in Denver, Colorado, unless both parties agree to a different location or to conduct the proceedings remotely.

18.3. Governing Law
This arbitration agreement is governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of Colorado, without regard to conflict of laws principles.

18.4. Class Action Waiver
You and POSTGHOST agree that all claims shall be brought solely on an individual basis, and not as part of any class, consolidated, or representative action. The arbitrator shall not have the authority to combine or aggregate claims or award relief on a class-wide basis.

18.5. Arbitration Process
To initiate arbitration, you must send a written demand to:
Aventura Partners LLC d/b/a POSTGHOST
Attn: Legal Department
[Insert Mailing Address]
Email: support@postghost.io

The demand must describe the nature of the dispute and the relief sought. Each party will bear its own costs and fees associated with arbitration, subject to applicable law and the rules of the AAA, which may allow the arbitrator to award fees and costs to the prevailing party under certain circumstances.

18.6. Severability
If any provision of this Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, except that if the class action waiver is found to be unenforceable, the entire Arbitration Agreement shall be void.

 

  1. General Terms

19.1. Entire Agreement
This Agreement, together with POSTGHOST’s Privacy Policy and any other policies or documents expressly incorporated by reference, constitutes the entire agreement between you and POSTGHOST regarding your use of the Services. It supersedes all prior or contemporaneous agreements, communications, and understandings, whether oral or written, relating to its subject matter.

19.2. Assignment
You may not assign, transfer, or delegate your rights or obligations under this Agreement without POSTGHOST’s prior written consent. Any unauthorized assignment shall be null and void. POSTGHOST may freely assign or transfer its rights and obligations under this Agreement without restriction.

19.3. Waiver
Failure by POSTGHOST to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of POSTGHOST.

19.4. Severability
If any provision of this Agreement is found to be unlawful, invalid, or unenforceable under applicable law, the remaining provisions shall remain in full force and effect, and the unlawful, invalid, or unenforceable provision shall be interpreted to the maximum extent permitted to reflect the original intent of the parties.

19.5. Governing Law and Venue
This Agreement is governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. Except where arbitration is required under Section 18, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado for resolution of any disputes arising out of or relating to this Agreement or your use of the Services.

19.6. Force Majeure
POSTGHOST shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, labor disputes, civil disturbances, governmental actions, telecommunications failures, and similar events.

19.7. Notices
All legal notices under this Agreement shall be sent to POSTGHOST at:
Aventura Partners LLC d/b/a POSTGHOST
Attn: Legal Department
[Insert Mailing Address]
Email: support@postghost.io

Notices to you may be provided via the email address associated with your account, through the Services themselves, or by posting on the POSTGHOST website.

 

  1. Termination

20.1. Termination by POSTGHOST
POSTGHOST may suspend, limit, or terminate your access to the Services (in whole or in part), with or without notice, at its sole discretion, if:

  • You violate this Agreement or any applicable law;
  • POSTGHOST reasonably suspects fraudulent, abusive, or unauthorized activity associated with your account; or
  • POSTGHOST discontinues the Services or experiences circumstances beyond its control that prevent continued operation.

20.2. Termination by User
You may terminate your subscription at any time through your account portal or by following the cancellation procedures described in Section 13. Termination will be effective at the end of your current billing period.

20.3. Effect of Termination
Upon termination, you lose all access to the Services, including any profiles, preferences, or opt-out tracking data stored within your account. POSTGHOST may retain certain data as required by law or for its legitimate business purposes, in accordance with its Privacy Policy.

20.4. Survival
Any provisions of this Agreement that by their nature should survive termination (including but not limited to indemnity, disclaimers, limitations of liability, arbitration, and governing law provisions) shall survive.

 

  1. Changes to the Services

21.1. Right to Modify or Discontinue
POSTGHOST reserves the right to modify, update, enhance, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, at its sole discretion. This includes changes to service functionality, supported features, subscription plan offerings, or pricing structures (subject to Section 13 for subscription pricing changes).

21.2. No Liability for Changes
POSTGHOST shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services, provided that such changes do not breach POSTGHOST’s obligations under this Agreement. If a material reduction in Services occurs after you have paid for a subscription, POSTGHOST may, at its discretion, offer a prorated credit or alternative remedy, but is under no obligation to do so.

 

  1. User Conduct

22.1. Compliance Obligation
You agree to use the Services in compliance with this Agreement, POSTGHOST’s community guidelines (if applicable), and all applicable laws, regulations, and industry standards. You are responsible for ensuring that all information you submit is truthful, accurate, and lawful.

22.2. Prohibited Activities
Without limiting the generality of the foregoing, you expressly agree not to:
(a) Use the Services for any purpose other than managing your own opt-out requests (or those of your household or business, as applicable to your subscription);
(b) Create, use, or maintain multiple accounts to circumvent any restrictions or limitations;
(c) Provide false, fraudulent, or misleading information to POSTGHOST or to any third party through the Services;
(d) Access or attempt to access the Services through any automated or unauthorized means, including but not limited to scraping, crawling, or using bots;
(e) Use the Services in any manner that interferes with or disrupts POSTGHOST’s operations, infrastructure, or networks;
(f) Resell, sublicense, or offer any portion of the Services to third parties, whether for profit or otherwise;
(g) Upload, post, transmit, or otherwise make available any content that infringes the intellectual property, privacy, or publicity rights of any third party;
(h) Engage in any unlawful, harassing, abusive, defamatory, obscene, or otherwise objectionable conduct while using the Services;
(i) Attempt to gain unauthorized access to other users’ accounts or POSTGHOST’s systems;
(j) Distribute or attempt to distribute malware, viruses, or other harmful code through the Services; or
(k) Use the Services in any manner designed to circumvent or undermine the intended purpose of the Services.

22.3. Enforcement and Remedies
POSTGHOST reserves the right to investigate and take appropriate action, including account suspension or termination, against any User suspected of violating this Section or any other part of this Agreement. POSTGHOST may also pursue civil, criminal, or injunctive remedies as appropriate under applicable law.

22.2. Prohibited Activities
Without limiting the generality of the foregoing, you expressly agree not to:
(a) Use the Services for any purpose other than managing your own opt-out requests (or those of your household or business, as applicable to your subscription);
(b) Create, use, or maintain multiple accounts to circumvent any restrictions or limitations;
(c) Provide false, fraudulent, or misleading information to POSTGHOST or to any third party through the Services;
(d) Access or attempt to access the Services through any automated or unauthorized means, including but not limited to scraping, crawling, or using bots;
(e) Use the Services in any manner that interferes with or disrupts POSTGHOST’s operations, infrastructure, or networks;
(f) Resell, sublicense, or offer any portion of the Services to third parties, whether for profit or otherwise;
(g) Upload, post, transmit, or otherwise make available any content that infringes the intellectual property, privacy, or publicity rights of any third party;
(h) Engage in any unlawful, harassing, abusive, defamatory, obscene, or otherwise objectionable conduct while using the Services;
(i) Attempt to gain unauthorized access to other users’ accounts or POSTGHOST’s systems;
(j) Distribute or attempt to distribute malware, viruses, or other harmful code through the Services;
(k) Use the Services in any manner designed to circumvent or undermine the intended purpose of the Services; or
(l) Delete and re-add profiles, aliases, or addresses in an attempt to artificially exceed the number of opt-outs permitted under your subscription plan.

 

  1. User Feedback

23.1. Voluntary Feedback
POSTGHOST welcomes feedback, suggestions, and ideas about the Services (“Feedback”). By submitting any Feedback, you grant POSTGHOST a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, copy, distribute, and create derivative works from such Feedback for any purpose without compensation or obligation to you.

23.2. No Confidentiality
You acknowledge that any Feedback you provide to POSTGHOST is not confidential, and POSTGHOST has no obligation to keep such Feedback confidential.

23.3. No Compensation
You provide Feedback voluntarily, and you acknowledge and agree that you will not receive any compensation for any Feedback POSTGHOST chooses to implement.

 

  1. Miscellaneous

24.1. Headings and Interpretation
Section headings in this Agreement are provided for convenience only and shall not affect the interpretation of any provision. References to “including” mean “including without limitation.”

24.2. Relationship of the Parties
Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between you and POSTGHOST. You and POSTGHOST are independent contracting parties.

24.3. Third-Party Beneficiaries
Except as expressly provided in Section 4 (App Store Terms), there are no third-party beneficiaries to this Agreement.

24.4. Export Compliance
You represent and warrant that you are not: (a) located in a country subject to U.S. government sanctions, or (b) listed on any U.S. government list of prohibited or restricted parties. You agree not to access or use the Services in violation of any applicable export laws.

24.5. Contact Information
For questions, notices, or other communications under this Agreement, you may contact POSTGHOST at:
Aventura Partners LLC d/b/a POSTGHOST
Attn: Legal Department
PO Box 618 Boulder, CO 80306
Email: support@postghost.io

 

EXHIBIT A
PostGhost Persistent Mailer Guarantee
Effective Date: March 2025

 

Scope and Purpose
This Persistent Mailer Guarantee (“Guarantee”) applies to active subscribers of PostGhost’s Individual, Couple, and Family Plans. It sets forth the conditions under which a subscriber may receive a service credit if eligible opt-out requests submitted through PostGhost’s platform remain unresolved despite multiple contact attempts, provided the subscriber follows the required processes for requesting and escalating opt-outs.

 

This Guarantee is designed to incentivize proper use of the PostGhost service, promote subscriber engagement, and ensure that PostGhost has the necessary cooperation and evidence to advocate effectively on the subscriber’s behalf.

 

Eligibility Requirements
To qualify for this Guarantee, the subscriber must:

 

Complete Profile Setup and Allow Bulk Opt-Out Processing:
Upon registration, the subscriber must complete their PostGhost profile, including providing all necessary recipient and address details. PostGhost will automatically submit bulk opt-out requests to high-volume data brokers and mailers at this time. Bulk opt-out requests are excluded from the eligibility count for this Guarantee.

 

Submit a Minimum of 10 Snap and Submit Requests:
During the relevant subscription period, the subscriber must submit at least ten (10) opt-out requests through the Snap and Submit feature. Each request must be complete, including all required information (profile, address, mailer name if known) and clear images of the original mailpiece.

 

Allow 8 Weeks for Initial Processing:
For each Snap and Submit request, the subscriber must allow a minimum of eight (8) weeks from the date of submission for the mailer to honor the opt-out request.

 

Reopen the Request if Mail Persists After 8 Weeks:
If mail from the same sender is received after 8 weeks, the subscriber must reopen the relevant request within the PostGhost dashboard by selecting the status indicating “Mail Still Being Delivered.” Reopening the request triggers an internal escalation process where PostGhost performs a second follow-up with the mailer.

 

Allow an Additional 8 Weeks After Reopening:
PostGhost must be allowed a minimum of eight (8) additional weeks following the reopening to conduct this follow-up outreach and allow time for the mailer to process the request.

 

Provide Proof Only If the Opt-Out Ultimately Fails:
If, after both rounds of outreach (initial and follow-up), the mailer continues to send mail and PostGhost determines that the opt-out request has been unsuccessful, the subscriber will be required to submit valid proof of continued mail delivery to PostGhost’s support team through the PostGhost dashboard. This proof must include clear, legible images of:

 

  • The front and back of the mailpiece
  • The sender’s name and return address (if available)
  • The recipient’s name and address
  • and The postmark or mailing date (if visible)

 

Maintain an Active Subscription:
The subscriber must maintain an active, paid subscription throughout the opt-out, escalation, and review process under this Guarantee.

 

Service Credit Remedy
If more than twenty-five percent (25%) of properly submitted, escalated, and documented Snap and Submit requests remain unresolved after the above processes, the subscriber shall receive a service credit equal to one month’s subscription fee, applied to the next renewal.

 

  • Subscribers may receive up to three (3) credits per subscription period.
  • After three credits, no further credits will be issued under this Guarantee.

 

Excluded Mail Types and Circumstances
This Guarantee does not apply to:

 

  • ECRWSS/EDDM mailings
  • Political mail
  • Legally required communications
  • Unidentifiable or unverifiable senders
  • Fraudulent or suspicious mail
  • Government notices
  • Packages and parcels

 

Abuse, Fraud, and Misuse
PostGhost reserves the right to deny Guarantee claims involving fraud, abuse, incomplete or false submissions, or improper use of Snap and Submit.

 

Exclusive Remedy
This service credit is the sole remedy for unresolved opt-outs. No further guarantees or compensation apply.

 

Incorporation and Governing Law
This Guarantee is incorporated into the Terms of Service and governed by the laws of Colorado.

 

Effective Date and Changes
Effective March 2025. PostGhost reserves the right to modify or discontinue this Guarantee at any time, with notice to subscribers.

 

EXHIBIT B
PostGhost Mail Types and Senders We Cannot Stop
Effective Date: March 2025

 

Scope

While PostGhost works diligently to process opt-out requests for a wide range of direct mailers, certain types of mail cannot be effectively stopped due to legal exemptions, sender policies, or delivery mechanisms. This exhibit defines categories of mail that fall outside the scope of PostGhost’s Services.

 

Excluded Mail Types and Senders

The following mail types and senders are excluded from PostGhost’s opt-out processing services:

 

ECRWSS and EDDM Mailings
These are Every Door Direct Mail (EDDM) and Every Carrier Route Walk Sequence Saturation (ECRWSS) mailings, which are sent to every household on a specific postal route — regardless of recipient name. These mailings do not offer an individual opt-out mechanism.

 

Political Mail
Campaign mailers, candidate flyers, election materials, and other political communications are generally exempt from opt-out laws, and most political campaigns do not maintain formal opt-out lists.

 

Legal Notices and Required Communications
Any mail legally required to be delivered, such as:

 

  • Account statements
  • Privacy policy updates
  • Billing notices
  • Legally mandated disclosures
  • Government-mandated mailings (e.g., property tax notices)These cannot be stopped via PostGhost’s service.

 

Mail with No Identifiable Sender or Valid Contact Information
PostGhost cannot process opt-outs for mailpieces that do not clearly identify the sender or provide any valid contact information (such as a return address or publicly available opt-out method).

 

Fraudulent or Suspicious Mail
Mail that appears to be deceptive, fraudulent, or intentionally designed to obscure sender identity will not be processed.

 

Government Notices and Communications
This includes official government correspondence such as:

 

  • Tax documents
  • Court notices
  • Jury summons
  • Social Security communications
  • Any mail directly from federal, state, or local government agencies.

 

Packages and Parcels
PostGhost handles only postal mail. Packages, parcels, and deliveries from couriers (e.g., FedEx, UPS) are outside the scope of the Services.

 

Relationship to Service Guarantee

These exclusions apply to both PostGhost’s core opt-out service and the eligibility criteria for the Persistent Mailer Guarantee described in Exhibit A.

 

Changes to this Exhibit

PostGhost reserves the right to amend this list from time to time based on changes in postal regulations, industry practices, or operational realities. The current version of this Exhibit will always be available within PostGhost’s legal terms documentation

 

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