This file is published at: http://www.locksmithcharley.com/SpamOffer.html                                                                                                                             (added 2017-04-27)

OFFER TO PROCESS SPAM AND MALICIOUS E-MAILS, JUNK FAXS, &
 UNSOLICITED AND UNDESIRABLE TELEPHONE CALLS, TERMS OF OFFER,
 ORIGINATION OF E-MAIL, FAX, OR PHONE CALL CONSTITUTES ACCEPTANCE

Eagle Rock Development, LLC dba Locksmith Charley (and other dba's) and Charles Eastwood (hereinafter collectively referred to as "ERD"), hereby makes the following offer to everyone:

Any person or company (hereinafter referred to as "originator") may use any e-mail addresses, telephone number, or fax number (509-278-1751) owned or controlled by ERD  for the purpose of sending unsolicited commercial e-mails to any e-mail address owned or controlled by Eagle Rock Development, LLC and unsolicited "junk" fax transmissions; , and unsolicited and/or undesirable telephone calls (including calls intended to "help" ERD with websites, google placement, credit card processing or machines, OR pre-recorded calls with any type of information, OR surveys) (hereinafter collectively referred to as "SPAM")  under the following terms and conditions.

(a) the originator of any SPAM telephone call, fax transmission or email and each and every telephone carrier/company,  hosting company or Internet Service Provider (hereinafter collectively referred to as "ISP") facilitating the originator's transmission of a SPAM fax or e-mail agrees to pay the sum of $250.00 (two hundred fifty dollars) to Eagle Rock Development, LLC immediately upon demand of Eagle Rock Development, LLC and/or Charles Eastwood acting on behalf of Eagle Rock Development, LLC for each and every SPAM telephone call, fax transmission or email sent or caused to be sent by said originator.

(b) acceptance of this offer by the originator,  the originator's telephone carrier/company,  and the originator's hosting company or ISP is demonstrated, affirmed, signified, and ratified each and every time that the originator dials, sends, or otherwise transmits a SPAM telephone call, fax or e-mail and each time the originator's hosting company or ISP allows, facilitates, transmits, or otherwise cooperates with the originator in the processing, switching, transmission, or completion of their SPAM telephone call, fax or e-mail.

(c) once demand for payment is made either verbally, by letter, or by personal, mailed or e-mailed delivery of an invoice, payment in full shall be made within 10 (ten) days.

(d) if anyone invoiced under the terms and conditions of this offer who fails to pay within the 10 (ten) day time period may be placed into collections or sued in a court of competent jurisdiction by Eagle Rock Development, LLC and agrees to pay all collection costs, attorney's fees, and court costs associated with the prosecution of an action to enforce any portion of this agreement. 
The originator of each and every SPAM telephone call, fax, or e-mail and the telephone carrier(s)/company(ies), and ISPs, by their acceptance of this offer pursuant to paragraph (b) above signify their agreement that Charles Eastwood,  Eagle Rock Development, LLC, and any employee or independent contractor thereof,  may also, at its sole discretion, post publicly, all information pertinent to the originator and the hosting company or ISP, and all of the information as to the spamming activities in any and every venue  that Eagle Rock Development, LLC in its sole discretion deems appropriate. The originator, telephone companies, and ISPs further agree to hold harmless Charles Eastwood, Eagle Rock Development, LLC, and any employee or independent contractor thereof, for the publication, dissemination, and/or internet, radio or television broadcasts of said information.

(e) every telephone carrier/company, ISP and/or hosting company who allows, facilitates, transmits, or otherwise cooperates with the originator in the transmission of their SPAM telephone call, fax or e-mail agrees to provide to Eagle Rock Development, LLC and/or Charles Eastwood acting on behalf of Eagle Rock Development, LLC, the following information about the originator of said SPAM fax or email transmission:
(1) the COMPANY NAME, if any, of the holder of the originator's account;
(2) the INDIVIDUAL NAME of the individual account holder or the responsible person of the company account holder;
(3) the PHYSICAL ADDRESS associated with the originator's account;
(4) every phone number associated with the originator's account;
(5) every e-mail address associated with the originator's account;
(6) every website associated with the originator's account.
Any ISP or hosting company who withholds the information designated in items 1-6 above agrees to pay as liquidated damages the amount of $10,000.00 (ten thousand dollars) in addition to collection costs, attorney's fees, and court costs associated with the prosecution of an action to enforce any portion of this agreement.

(f) any spam e-mails received for processing at any of the e-mail addresses owned or controlled by Eagle Rock Development, LLC or any of its sub-entities contains any computer virus, ad ware, Trojan, key logger, or malware of any other sort, the originator and the facilitating ISP's and hosting companies agree to pay Eagle Rock Development, LLC the sum of $10,000,000.00 (ten million dollars) as and for liquidated damages agreeing that the costs involved in the removal of such malicious software and the damages to Eagle Rock Development, LLC's systems and files is difficult to impossible to accurately ascertain.

(g) exceptions:  Any existing customer or any person who legitimately sends an e-mail or fax to Eagle Rock Development, LLC or any of its sub-entities, with the intent to obtain or acquire the services provided by or goods sold by Eagle Rock Development, LLC or any of its sub-entities is exempt from the terms and conditions of this offer.

 

INTENT:  The intent of this agreement is to deter and punish individuals and companies (including hosting companies and ISPs) who engage in the sending and re-transmission of  unsolicited telephone calls, SPAM e-mails and FAX's and malicious software. There is no intent on the part of Eagle Rock Development, LLC or any of its sub-entities including but not limited to Locksmith Charley to place any liability whatsoever on our legitimate customers and consumers making legitimate inquiries as to our services. 

 

 

 

Copyright 2016, Eagle Rock Development, LLC, All rights reserved                                    (revised 6/8/2016   Supersedes 5/13/2016 revision)
(revised 4/27/2017  adding URL to top of file for ease of copying