Re: [cobalt-users] FYI: a LEGAL NOTICE for spammers

["Roy A. Urick" <roy.urick@xxxxxxxxxxxxxxxx>]

I LOVE the idea, however I didnt think that it was legal to use "lack of
response" as a legal basis for an agreement. I might be wrong (am most times
LOL).


----- Original Message -----
From: "SteelHead" <bill@xxxxxxxxxxxxxxx>
To: <basiclinux@xxxxxxxxxx>; <cobalt-users@xxxxxxxxxxxxxxx>
Sent: Wednesday, December 05, 2001 5:14 PM
Subject: [cobalt-users] FYI: a LEGAL NOTICE for spammers


> I got this from another list, and it may be of use to some
> of you
> politech@xxxxxxxxxxxxxxx
> **********
>
> For any politechnicals who have the energy and time to fight
> spammers (I
> don't -- I gave up), as an attorney I can suggest a
> refinement of Michael
> Fraase's tactic.
>
> 1.  Identity the spammer and notify them that they no longer
> have
> permission to use your bandwidth, time, email server, etc.
> unless they
> accept your terms and conditions:  payment of $$$.
>
> 2.  Notify them that they may accept your terms and
> conditions by
> continuing to send spam.
>
> 3.  Notify them that if they reject your terms and
> conditions -- which few
> spammers will bother doing -- all further spam will
> constitute trespass to
> chattel (the legal basis successfully used by big ISPs to
> pursue major
> spammers).
>
> The above steps create a contractual basis (offer and
> acceptance) for the
> invoice, and eliminate free-speech issues.  The following is
> the text of a
> letter which accomplishes this.  I'm placing this text in
> the public domain
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> Ellis Venable & Busam LLP
> 33 North High Street, Columbus, OH 43215-3076
> +1 614.221.2422 phone   221.5244 fax
> www.internet-attorneys.com
> *******************************
>
> LEGAL NOTICE
> To___________
>
> ______________ has sent or caused to be sent one or more
> unsolicited
> commercial email ("UCE" or "spam'") messages to an email
> address at the
> **** domain name.  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
> ending with any of our domain names:  [domain name list]
> constitutes your
> agreement to the following terms and conditions:
>
> 1.      Each time you send UCE to our e-mail address, you
> agree to pay a
> usage fee of one thousand dollars ($1000.00) within 30 days
> of our invoice,
> payable to _______________________.  This fee is
> deliberately high because
> we do not want to spend our time and bandwidth dealing with
> UCE 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 [name your
> state] as well
> as the jurisdiction of [same state] 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 email or causing it to be sent to any email
> 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 to
> any of the
> above-listed domains; your doing so without permission will
> constitute
> trespass to chattel and will be pursued by legal action.
>
> Sincerely,
> - - -
>
>
>
>
> Regards,
> Bill Ries-Knight
> - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> 2 cases of canned spam every day.
> That's all we ask from each sysadmin.
> (Oh, and don't forget the site the spam is for!)
>
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