To: Any Unsolicited E-mail Sender or poster of unwelcome messages or postings to our message boards or directory.
If you send or caused to be sent one or more unsolicited commercial E-mail ("UCE" or "spam'") messages or unwelcome messages or postings to our message boards or directory to an E-mail address or any page on the site at any domain name which includes dtmagazine.com (Or dtmagazine.com Customers) you are subject to the following charges and requirements. Your spam was not sent in response to any request for information. Spam is an annoyance and takes up our valuable time, bandwidth, server space, and computer hard drive space. Effective immediately, your further use for commercial purposes of any e-mail address or any page ending with or including any of our hosted domain names constitutes your agreement to the following terms and conditions:
1. Each time you send UCE to our e-mail address or send unwelcome messages or postings to our message boards or directory, you agree to pay a usage fee of five hundred dollars per UCE ($500.00 per Spam Message) within 10 days of our invoice, payable to Downtown Magazine. This fee is deliberately high because we do not want to spend our time and bandwidth dealing with UCE or unwelcome messages or postings to our message boards or directory unless we are paid to do so. You will be invoiced on a monthly basis and agree to pay interest at the rate of eighteen percent (18%) per annum on any balance which remains unpaid for more than thirty (30) days.
2. You agree to accept service of process in every state and country as well as the jurisdiction of California and New York courts for the enforcement of this obligation.
3. You agree to pay the costs of collection, including reasonable attorney fees, even if the cost of collection exceeds the usage fee. This message constitutes an offer which you may accept by sending commercial E-mail or causing it to be sent to any E-mail address at any of the above-listed domains. If you notify us that you do not agree to these conditions, then you do not have permission to send UCE or unwelcome messages or postings to our message boards or directory to any of the above-listed domains; your doing so without permission will constitute trespass to chattel and will be pursued by legal action.
Downtown Magazine dtmagazine.com