Michael Tjoa (herein referred to as "Contractor") shall provide proofreading services to the sender of unsolicited commercial email or mail messages (herein referred to as "Client") received at any e-mail or postal mail addresses gathered from domain registration information, commonly known as the "WHOIS database," in the following domains (herein referred to as "The Domains"):
Unsolicited commercial email messages shall include the following:
Unsolicited commercial mail messages shall include the following:
BY SENDING ANY OF THE AFOREMENTIONED MATERIALS THE CLIENT AGREES TO ALL THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT. This Agreement is not a solicitation.
Proofreading will be billed at the Standard Rate of $750.00 per message received. Client shall pay balance in full within 30 [thirty] days of receipt of invoice. Payment shall be sent in U.S. Funds by certified check or money order to the Contractor directly at the address listed on the invoice. Invoices unpaid after 30 [thirty] days are subject to a 20% late payment fee.
Client shall notify the Contractor in writing within 10 [ten] days of receipt of invoice of any intent to cancel or change the proofreading request. The Client shall pay a 15% service charge on any cancelled or changed requests. Requests cancelled after 10 [ten] days will be billed at the Standard Rate of $750.00 per message received.
Companies hired by the Contractor are exempt from the proofreading fee.
Contractor may modify the terms of this Agreement at any time without notice. The current version of this Agreement is available to the public at http://www.tjoa.com/michael/terms/
ADDITIONAL UNSOLICITED EMAIL NOTE: If you send any e-mail to The Domains that solicits for any product, service, or firm/organization, or if it involves Make Money Fas ("MMF"), Multi-Level Marketing ("MLM"), chain letters or Ponzi/pyramid schemes, not only will your ISP receive a complaint, but you may be opening yourself to legal prosecution by the postal inspector/police in your jurisdiction. You may lose your internet access if a complaint is filed and, if this is part of a large e-mail spam, your ISP may have backbone service terminated if there is a large volume of complaints.
Offence under US code Title 47, Sec 227(b) (1) (C)
I have recently received UNSOLICITED and UNWANTED junk e-mail from you or an individual who appears to be using your site. A copy of that mail is attached herewith. Junk Mail is now regarded as the same as unwanted and unsolicited junk faxes and telemarketing calls - all of which are now ILLEGAL under US federal law:
By US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec.227(b) (1)(C), it is unlawful to send any unsolicited advertisement to such equipment, punishable by action to recover actual monetary loss, or $500, whichever is greater, for EACH violation.
Please ensure this is stopped NOW. You have been put on notice. If you confirm to me promptly that effective action has been taken against yourself or those persons responsible, I will not take the matter further on this occasion.
If you do not provide me with such confirmation in a timely manner, or if ANY further UNSOLICITED or UNWANTED junk mail should be received from you or your site, I will instruct my attorney to issue a writ WITHOUT FURTHER NOTICE, and the matter will then be pursued under federal law. I will separately notify your upstream providers as they may also be liable for violations originating from your site.
The entire original contents and design of The Domains are protected under U.S. and international copyrights. The Domains are for your personal noncommercial use.
You may not modify, copy, distribute, transmit, display, or publish any materials contained on The Domains without the prior written permission of the Contractor or the appropriate copyright owner.
This Agreement shall be governed by the laws of the State of New York applicable to agreements wholly made and performed in New York without regard to its conflict of laws principle. Any legal action, suit or proceeding arising out of or relating to this Agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in Manhattan County, New York, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court, and consent to service of process by overnight courier or mail at your last known address.
By accessing materials on The Domains or information on The Domains gathered from the registration of those domains, you agree with all the terms and conditions of this Agreement.
The Contractor reserves the right, at its sole discretion, to change the terms and conditions of this Agreement from time to time and your access of The Domains will be deemed to be your acceptance of and agreement to any changed terms and conditions.
You have been warned. Have a nice day.