Spam - Unsolisted Commercial Email Terms Of Service
Use of the mail forwarding agent operating at monet.wistful.net
(220.127.116.11) hereinafter referred to as "this server", which is
owned and operated by Ed Goldthorpe, and which acts as the mail agent (MX)
for the following domains: wistful.net, pigfucker.net,
noisepimp.com, and any additional unmentioned domains handled by
this operator is bound by the following terms:
- Use of the mail agent on this server implies consent with this contract
and is a binding agreement to its terms unless otherwise specificly
prohibited by law. In such event any clause is found to be unenforcable,
the remaining unaffected clauses shall remain in effect.
- No unsolicited commercial email ("UCE"), as defined by CALIFORNIA
BUSINESS AND PROFESSIONS CODE (CBPC) SECTION 17538.4 and 17537.45, may
be sent through this server.
- UCE sent in violation of CBPC 17538.4 or CBPC 17538.45
is subject to a per-instance fee of $50 [17538.45(f)(1)], which may
be paid to Ed Goldthorpe though approved methods arranged at the time of
notification and/or resolution.
- Ed Goldthorpe shall be entitled to the costs associated with informing
the sender of the UCE should the sender fail to proactively compensate Ed
Goldthorpe under paragraph 3. The sender shall be liable for the
cost associated with composing and sending said letter and is estimated at
$100 per instance but may be much higher.
- Should the sender of the UCE attempt to conceal the source identity, the
sender will be liable for the costs of locating the sender, and is estimated
at $2,500 per instance but may be much higher.
- Any addresses associated with the domains hosted on this server are the
property of the respective bearers. Unauthorized sale ("theft") of this
property is liable to a $10,000 fee and possible criminal
- In the event that any suit or action is instituted to enforce any
provision in this contract, Ed Goldthorpe shall be entitled to all costs and
expenses of maintaining such suit or action [17538.45(f)(2)].
- This contract shall inure to the benefit of and be binding upon the
parties hereto and their respective heirs, successors, assigns,
administrators, executors and other legal representatives.
- Any action in respect of or concerning this contract shall be litigated
solely in Sacramento County, California and both parties consent to
jurisdiction of the person and venue in Sacramento County,
California. This contract shall be governed by, construed and enforced
in accordance with the laws of the State of California.
- Additionally, all users of this server are prohibited from sending UCE.
- This notice was posted or or about April 4th, 2002 and shall be
considered fully in effect on or about May 4th, 2002.
Original document, used with permission, provided by David Gessel who can be
contacted at gessel_at_blackrosetech_dot_com and whose website can be