Spam - Unsolisted Commercial Email Terms Of Service
Use of the mail forwarding agent operating at ( 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:,,, hotthrobbingmonkeylove.[org,net,com],, and any additional unmentioned domains handled by this operator is bound by the following terms:
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 proceedings.
  7. 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)].
  8. 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.
  9. 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.
  10. Additionally, all users of this server are prohibited from sending UCE.
  11. 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 located at
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