Requirements for sending Unsolicited Commercial E-mail:

Preamble:

UCE Services Agreement v 1.0

This document is an agreement, between you (being any company, organization, entity, or individual which uses any of my active e-mail addresses to send any type of electronic correspondence whatsoever - hereafter referred to as "you", or "your") and myself (being myself personally, my business, my work, or any other entity, currently extant or formed in future, directly associated with myself through an e-mail address - hereafter referred to as "me", "myself", "I", or "my"). It may instead be an agreement between you, and anyone with an e-mail address (hereafter referred to as a "third party user"), if linked from an e-mail request from a third party user to be removed from a mailing list. In this case, the "active e-mail address" is considered to be the one owned by the third party user, from which the request to be unsubscribed came from.

Sending any e-mail to any of my active e-mail addresses signifies that you have read, and accept this agreement in it's entirety.

The Agreement:

The use of any of my active e-mail addresses¹ or the e-mail address of a third party user, for the purpose of sending Unsolicited Commercial Email (hereafter referred to as "UCE"), frequently referred to as "spam", is subject to the following requirements:

My time is valuable.  My e-mail inbox space is also valuable.  Sending UCE to me must therefore be compensated.  Since I have neither requested the specific e-mail, nor given you my e-mail address with a statement of request for random advertisements, I must conclude from you sending me UCE's, that you require a valid e-mail address to test your e-mail client/SMTP server/network connectivity.  I will provide this service, for a fee.  Solicited Commercial E-mail (opt-in mailing lists to which I have actually subscribed), personal non-commercial e-mail, any e-mail which pertains directly to my business, work, or websites, or any other type of opt-in subscription based e-mail is not affected by this agreement, with one exception:  Any opt-in list, must also have a functional link or e-mail method to unsubscribe included in every e-mail.  No link, a non-functional link, or a bogus e-mail address to unsubscribe will render the e-mail to be considered UCE, regardless of any opt-in method used to first subscribe.
For the purposes of this document, my time is worth $210 US per hour.  This reflects the fact that I am not an employee of you, and therefore will be billing you as a consultant.  Including connect time for downloading, time for reading the e-mail, time for registering the correspondence, "From:" address, and you in my billing database, each e-mail is assumed to take 20 minutes to deal with.  Therefore, every piece of UCE sent to me will be billed to you at a rate of $70 US.

On top of this, it also takes me time to request electronic payment, or money to send your bill by mail carrier.  This time will also be billed following these guidelines:

1) If I am in possession of a legitimate e-mail address for you, a request will be made for payment through online payment service provider PayPal.  This will be billed at a rate of $17.50 US per PayPal request.  This is the "PayPal Request Fee".  All UCE's sent to me from you during one week will be counted, and one payment request will be made at the end of each work week.  All UCE charges will be totalled, one PayPal Request Fee will be added, and the request will be sent to the e-mail address I have on file.

2) If I am in possession of a legitimate mailing address for you, a paper bill will be produced, which will be mailed to you by regular postal mail.  This will be billed at a rate of $50 US per postal mailing.  This is the "Postal Billing Fee".  All UCE's sent to me from you during one week will be counted, and one bill will be sent at the end of each work week.  All UCE charges will be totalled, one Postal Billing Fee will be added, and the bill will be sent to the mailing address I have on file.

3) If I am in possession of neither a legitimate mailing address, nor a legitimate e-mail address, but am in possession of a link to an HTML form, website, or other such method of contact, attempts will be made to contact you to obtain either an e-mail address or mailing address.  These attempts shall be billed at a rate of $25 US per contact attempt.  This is the "Attempted Contact Fee".  Attempts will continue until I see fit to stop them.  If and when contact is made, I will send a payment request by method 1 or 2 above, and add the Attempted Contact Fees to the total invoice.
 

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Delinquent Accounts:

1) All payments requested through PayPal must be paid within 5 days of payment request.  This is not in violation of 30 day payment credit regulations in Canada, due to the fact that I have not given you a credit account.

2) All payments requested by mail must be paid by either a PayPal payment, or a certified cheque sent by mail to my address included with the bill.  Payments made through PayPal must be received within 15 days from the date of invoice.  Payments made by mailed certified cheque must be received within 30 days from the date of invoice

Any payment not made within the appropriate time period will be charged interest at a rate of 0.1% per day.  Interest will be compounded on the current balance of your account daily until payment is received.  If payment is not received within 1 month from the date of invoice, a second payment request or invoice will be sent, subject to the aforementioned fees.  This will continue until payment is received in full.  If payment is not received within 6 months from date of invoice, legal action will follow.

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My active e-mail addresses include all of the following:

cbiltcliffe@cbservices.dyndns.org
cbservices@sympatico.ca
cbiltcliffe@yahoo.com
cbiltcliffe@netscape.net
cbiltcliffe@robarts.ca
cbiltcliffe@rri.on.ca
cbiltcliffe@rri.ca

Also included are the following:
- any mailing list servers to which you can send a UCE, which will then forward the UCE on to any of my active e-mail addresses.
- any UCE with an obviously malformed "To:" header field, sent to a mail server on which I have an account, which then forwards the UCE on to all users of the server, due to the server's confusion over the "To:" address.
- any other method, known or unknown, intended or unintended, of sending UCE to any of my active e-mail addresses.

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Connect Time - For the purposes of this document, a constant connection rate of 28.8 kbps is assumed.

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PayPal Request Fee - One PayPal request takes approximately 5 minutes, which, at $210 US per hour, is $17.50 US.

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Postal Billing Fee - One postal billing involves creating the paperwork, and driving to the post office.  This includes transportation fees, postage fees, and my hourly rate.  This is split, however, between the approximate number of UCE's I expect to receive in a week, thereby costing you less than a single trip to the post office for your individual invoice only.

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Attempted Contact Fee - Contact attempts are so variable in the time required to complete them, that there is no way I could determine an appropriate fee based on my hourly rate.  Therefore, the arbitrary fee of $25 US has been set.

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This document is copyright 2002 by Chris Biltcliffe.
It may be freely distributed, provided any copy provides a link to this website.
It may be modified to fit your purposes, by changing e-mail addresses,
and the like, provided this copyright notice is included, and
a link is included to this website: http://cbservices.dyndns.org
It may also be directly linked and referenced to use as an agreement between
you and any company, provided it is made clear in your reference that you did not
author the agreement, and any links to this site are for licensing requirements only.