Please read the entire contract below, as you will be legally bound to the terms and conditions contained within, even if you do not sign said contract or agree to its terms. Failure to comply with the terms and conditions outlined below will result in expenses being incurred by you and/or your company through a collection process and/or legal proceedings against you. Our offer of services to you does not rely on Spam legislation to be enforced by a court of law. We strongly suggest that you consult with your attorney before submitting any further marketing materials to us.
Contract for Reception and Analysis Of Marketing Material
THIS Contract for Reception and Analysis of Marketing Material (“Contract”) is made and entered into by Parker Information Resources, a Texas corporation, (“ParkerInfo”) and Your Company (“spammer”) (hereinafter collectively referred to as the “Parties”).
AGREEMENT made this 17th day of October, 2002, between Parker Information Resources, hereinafter called “ParkerInfo" and Your Company, hereinafter called “spammer".
WHEREAS, spammer has submitted unsolicited commercial marketing material by way of telephone, fax, electronic mail, house visit, office visit, or standard mail to Parker Information Resources; and
WHEREAS, Parker Information Resources does not want to receive such marketing materials from spammer freely, as doing so costs Parker Information Resources time and resources to accept and process; and
WHEREAS, Parker Information Resources offers to receive future marketing material mailings from spammer for a fee;
NOW THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties, intending to be legally bound, hereby agree as follows:
The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference.
2. Acknowledgment and Acceptance of Contract Terms and Conditions
To join in this contract with Parker Information Resources, spammer need only to continue to send us marketing material or spam (spammer’s signature is not required to execute this contract). By participating in the process of generating, creating, or delivering marketing materials or spam to us or to any of the forbidden recipient addresses (as noted within this contract), by telephone, email, personal visit, standard mail, or otherwise, which results in us performing any portion of our service for spammer or spammer’s authorized agents, spammer thereby affirmatively indicates their agreement to be bound by all of the terms and conditions of this contract, without contest. Spammer will be taken to have sent any marketing materials or spam which were sent by spammer or by any entity or authorized agents apparently associated with spammer for the purpose of sending, presenting, or creating such marketing materials or spam – whether for fee or for free. We offer to receive all further solicitations, spam or marketing material from spammer and spammer’s agents only on the terms set out below. If spammer or spammer’s agents send us any form of solicitation, spam, or marketing material, using any of the aforementioned methods, this will be taken as spammer’s acceptance of this offer in its entirety as stated herein. IF SPAMMER DOES NOT AGREE TO ANY OF THE TERMS AND/OR CONDITIONS STATED WITHIN THIS CONTRACT, SPAMMER MUST NOT EVER SEND ANY FORM OF SOLICITATION, MARKETING MATERIAL, OR SPAM TO US OR TO ANY OF THE FORBIDDEN RECIPIENT ADDRESSES SPECIFIED WITHIN THE SCOPE OF THIS CONTRACT. IN ADDITION, IF SPAMMER DOES NOT AGREE TO ANY OF THE TERMS OF THIS CONTRACT, SPAMMER MUST THEN ADD ANY AND ALL HELD CONTACT AND ADDRESS INFORMATION THAT IS SPECIFIC TO Parker Information Resources TO ANY “DO NOT CALL” OR “DO NOT MAIL” LISTS THAT MAY BE OWNED, USED, OR MAINTAINED BY SPAMMER. You hereby understand and agree that as purchaser, responsible party, implementer, originator, commander, director, procurer, owner, administrator, requestor, controller or solicitor of the creation, generation, or propagation of such spam or marketing materials or the relative address database(s) or postage or telephone line or internet bandwidth necessary for the propagation of such, it is entirely your responsibility to control whether or not we receive any further spam or marketing materials from you or your authorized agents. Any and all intentional, “accidental” or “erroneous” marketing material or spam deliveries made to ParkerInfo , Inc or to any of the forbidden recipient addresses (as noted within this contract) by spammer or spammer’s authorized agents are subject to the charges, fees, and penalties as stated within this contract. There will be no exceptions made to the conditions of this contract. All of the accompanying terms and conditions apply to any and all forms of marketing material and spam which is created, sent or generated by spammer or spammer’s authorized agents and received by Parker Information Resources, our authorized agents, Jeffrey Ensminger, or any one of the forbidden recipient addresses. The duration of this contract is to remain in effect until terminated in writing by ParkerInfo , Inc. The terms of this contract between spammer and ParkerInfo , Inc are non-negotiable. Spammer may only refuse or accept these terms as they are stated herein, without modification to such by spammer or others. To refuse these terms, spammer must effectively and immediately refrain from submitting any further marketing material or spam to us for processing.
3. Compliance with Laws
The enforceability of this contract is not dependant upon state or federal spam-specific legislature. This is a contract for marketing reception and analysis services. If you choose to utilize our marketing material reception and analysis services as described within the scope of this contract, then you do so knowing that you will be charged for such services by ParkerInfo. ParkerInfo , Inc hereby notifies spammer that we do not want to receive any marketing material, house visits, office visits, solicitation telephone calls, or spam from spammer, spammer’s subsidiaries, partners and/or affiliates without receiving compensation from spammer for use of our time and resources. We are unwilling to receive marketing material and spam freely because it costs us time, resources, and money to accept, process, and respond to. To avoid service charges and possible legal action, Spammer must ensure that we are effectively removed from any and all of spammer’s mailing, marketing, or spam delivery lists and added to spammer’s ‘Do not call’ lists immediately, effectively, and permanently. Neither you nor your affiliates, partners, agents, employees, or providers may ever send any mailing, phone call, or email message to anyone in any way that claims, indicates or suggests that the mailing, phone call, or email has been sent from any of the ‘Forbidden Addresses’ specified within this contract. Such act shall be treated as a forgery, which is punishable under Federal law. Spammer may not divulge, offer, submit, enter, or otherwise provide any addresses, phone numbers, or names included in the ‘Forbidden Addresses’ section of this contract to any other entity for any purpose other than for the removal of such data from lists used for the delivery of marketing materials. If spammer sends us any marketing materials or spam other than in accordance with the terms and conditions of this contract, we will take this to mean that spammer plans to use our services without paying for them. If spammer ever tries to use our services without paying for them, we reserve our right to take any action available to us without further reference to spammer. Actions available to us include, but are not limited to, initiating legal proceedings against spammer for negligence or breach of contract, which may result in substantial damages being awarded against spammer in a court of law, and which may also result in our notification to media entities, government agencies, ISP’s, and consumer advocacy organizations (such as the Better Business Bureau), etc. of spammer’s inability to responsibly manage and control sensitive or personal data. Claims made by spammer that spammer has little or no control of which recipients spammer sends marketing materials or spam to will not exempt spammer from the terms and conditions outlined in this contract. The unauthorized use of our time, resources, property, domain, telephone wire, storage space, processors, memory, electricity, bandwidth, personnel, or computing facilities is a crime in and across many states and countries.
4. Modifications to Service
We reserve the right to vary the terms of or terminate this offer of service at any time (even after spammer has accepted or refused it). Any new terms will apply to all marketing materials or spam that spammer sends after ParkerInfo has made available the new variation. The newest terms and conditions will supersede previous provisions wherever conflicts between different contract revisions exist. Spammer can view the latest terms and conditions of this contract at http://www.ParkerInfo.com/Spammer.htm . It is entirely the responsibility of the spammer to stay informed of the latest contract changes by viewing the latest contract version published and maintained at the above internet address. You may also request a printed copy of the latest contract version by sending a self-addressed 4? by 9 ½ inches stamped envelope to Parker Information Resources The spammer should always review the latest contract version before sending any marketing materials to ParkerInfo.
5. Help the Children
Some or all of the monies collected from spammers as payment for our services may be donated to domestic charities who are directly involved in helping underprivileged American children fight disease, illiteracy, poverty, drug dependency, pregnancy, gang involvement, abuse or neglect.
Parker Information Resources offers to receive marketing materials, solicitation telephone calls, house visits, office visits, and spam from spammer or spammer’s authorized agents for processing, analysis, and response (as described below, in “Definitions”) by us or any of our authorized agents for a fee (as outlined within this contract).
7. Cost of Service
Spammer must pay ParkerInfo five hundred US dollars ($500) for each separate item of marketing material, solicitation telephone call, standard mailing, or spam that spammer sends to us. Spammer must also pay us for any such duplicate items that spammer sends to us. Spammer must pay us as such, even if we or our authorized agents do not process, analyze or respond to the marketing material or spam which was submitted to us by spammer or spammer’s authorized agents. Spammer must pay us five hundred US dollars ($500) for each instance of marketing material or spam that spammer sends to anybody or any address, phone number, or email address referred to below ( “Forbidden Recipient Addresses”), even if spammer does not send a copy to us. Sales calls and marketing efforts which are in the form of house visits and office visits performed by agents of spammer to locations owned, rented, or maintained by ParkerInfo shall be charged at the rate of $500 per hour, with a one-hour minimum charge per visit. Spammer may also have to pay other persons or businesses as well if they have engaged in a similar contract with spammer. We may join with any of those persons or businesses for the purpose of efficiently collecting payments from spammer.
8. Special Service Plans
Spammers may opt to take advantage of our “Premium Plan” service plan which allows them to submit up to 10 items of marketing material, solicitation telephone calls, location visits, or spam to us each month for a low monthly rate of $2,000. That’s a savings of over 60% off of our regular “per item” pricing! If the quantity of marketing material or spam received from spammer (any combination or type) exceeds 10 within any given month, normal charges will apply to all items in excess of 10. The monthly fee of $2,000 must be received in our offices by the first day of the month. Otherwise these discounted rates will not apply. Cancelled or invalid checks will incur additional fees of $30 per item. “Premium Plan” clients are subject to the “Damage”, “Inundation”, “Investigation”, and late fees as stated below. To take advantage of the Premium Plan, spammer must notify us in writing that spammer wishes to do so, and that spammer agrees to the terms of this contract. Such notification must be accompanied by a check for $2,500, to cover the first month of the term and the $500 one-time registration fee. Additionally, spammer must make sure that we receive spammer’s monthly payments prior to the first day of each month of the term of the Premium Plan. The Premium Plan is available to spammer in terms of 12-month cycles. If spammer terminates the plan prematurely (by non-payment or otherwise), spammer will be retroactively reverted back to our regular pricing structure (as described above) and will be subjected to additional administration fees of $500 per each lapsed month which requires billing reassessment.
9. Payment for Services
Spammer must mail payment by certified check to ParkerInfo , Inc within five working days of the transmission of the Spam. If spammer does not know where to send payment, spammer must clearly state this in the Spam and provide us with a quick and convenient way to notify spammer of our mailing address. Failure to comply will result in additional charges being applied to spammer. Each Spam item must be uniquely identified, and each payment must clearly identify the relevant item or items. Spammer must tell us spammer’s complete business name and full business and residential addresses in each Spam item. All services are “net 5 days” payment terms. No invoice will be sent to spammer, unless payment is not received from spammer promptly. All spammers are subject to the “Damage”, “Inundation”, “Investigation”, and late fees as outlined below in “Fees and Penalties”.
10. Fees and Penalties
Penalty charges are in addition to normal charges. Payments not received by us within 15 business days of our receipt of the relative article(s) of Spam will accrue a 30% monthly late fee until paid in full. Cancelled or invalid checks will incur additional fees of $30 per item. States, over or through which such spam has traveled to reach us, may allow for additional charges to be collected from spammer. If ever the frequency of any spam exceeds three (3) (any combination of marketing types, including duplicate items) per day, there will be an ‘Inundation’ penalty of 30% per day of such inundation – in addition to normal charges. If the spammer’s door-to-door salesperson performs a marketing visit to a location owned, rented, or operated by ParkerInfo which has a “No Solicitors” sign conspicuously displayed on or near the location entrance, there shall be a $1,000 ‘Ignorance’ fee charged to the spammer. If ever the combined visits to a single location that is owned, rented, or operated by ParkerInfo by spammer’s salesperson exceeds three (3) per month, there shall be an inundation penalty of $1,000 charged to the spammer for each visit in excess of three (3). Any materials that are blank, or are without content, shall incur a ‘taunt’ penalty of $500 each. If ever the combined file size of any electronic spam exceeds three hundred kilobytes (300kb) or any combination of standard-mailed spam or facsimile combined exceeds a weight of 3oz per day, or telephone call or voice mail combined exceeds 3 minutes in length per day, there will be an inundation penalty of 30% per day of such inundation – in addition to normal charges. Any electronic mailing that is configured to be displayed as ‘high importance’ to the recipient shall incur an additional 10% charge for each such item. If Spammer divulges, offers, submits, enters, or otherwise provides any addresses included in the ‘Forbidden Addresses’ section of this contract to any other entity for any purpose other than to remove such address from a marketing material delivery list, Spammer shall be assessed an “Enhanced Inundation” penalty of $100,000. If either you or your affiliates, partners, agents, employees, or providers ever send any mailing, phone call, or email message to anyone in any way that improperly or inaccurately suggests, claims, indicates, or states that the mailing, phone call, or email was sent from any of the ‘Forbidden Addresses’ specified within this contract, you will be charged a “Big No-No” penalty of $10,000 per recipient of such mailing, plus $10,000 for every piece of email received by ParkerInfo in response to such forged mailing. In addition, if ParkerInfo suffers any loss of internet service or denial of service which is caused directly or indirectly by such forged mailing, however intermittent, you will be charged $1,000 for each hour that we suffer so (one hour minimum). Any mailing sent by spammer or spammer’s authorized agents that contains viruses, bombs, Trojan horses, worms, spyware, adware, malware, offensive material, pornographic material, sexually oriented material, or otherwise morally, physically, financially, electronically, or structurally damaging contents, will incur additional ‘Damage’ fees of at least, but not limited to, $1,000 per item, at our discretion. Damage fees will be assessed for all potentially damaging Spam, regardless of the degree of damage actually experienced from, caused by, or deployed by such spam. Such damaging Spam may also incur further expense to spammer that is at least twice, but is not limited to being twice, proportionate to the amount of overall monetary, moral, and other quantifiable damages suffered by ParkerInfo , Inc, our Authorized Agents or Jeffrey Ensminger as a result, directly or indirectly, of the creation or delivery of such damaging Spam. Criminal charges may also be filed against spammer as a result of such damaging Spam. Any form of Spam or marketing material sent by spammer in which spammer or spammer’s authorized agents employ any type of means which are intended to mask, hide, disguise, adulterate, or alter the delivery information (such as email header forgery, spoofing, or ip masking) of the Spam or marketing material in any way will be subject to an additional “Investigation” fee of $200 per item.
11. Forbidden Recipient Addresses
Telephone numbers included in the scope of this contract as ‘forbidden recipient addresses’ are any telephone numbers that are owned, leased, used, or maintained by Parker Information Resources or it officers.
Email addresses which are included under the scope of this contract between spammer and Parker Information Resources are any aliases or email addresses in the ParkerInfo.com top-level internet domains.
For the sake of instant system messaging, any computers or IP addresses that are used, owned, or maintained by ParkerInfo , Inc. or its officers are to be considered as forbidden addresses.
Physical addresses included in the scope of this contract as ‘forbidden recipient addresses’ are any physical addresses that are owned, leased, or maintained by Parker Information Resources or its officers.
Also signified by this legal contract is the agreement by all parties that ParkerInfo , Inc and their authorized agents are entitled to configure their telephony and web servers to call spammer’s 800 number(s) (or any other phone or fax number owned or operated by spammer), and to ‘hit’ web server(s) or email server(s) owned and operated by spammer or spammer’s authorized agents with random data packets frequently to continuously signal spammer of our receipt of spammer’s marketing materials or Spam or to test spammer’s technological reliability and stability. Likewise, we may configure our email servers to frequently email receipt confirmations to spammer and spammer’s authorized agents as often as 300 times per minute, or more. Included in this contract is the agreement between both parties that we have the right to freely distribute to others spammer’s phone numbers, email addresses, web addresses, physical addresses, IP addresses, service providers’ information, and domain information via the internet, web, email, or otherwise, so that others may configure their computers to contact spammer and spammer’s ISP using the phone, fax, mail, internet, or email regularly for reasons similar to those stated directly above, with similar indemnification as provided for ParkerInfo , Inc by spammer’s agreement to this contract.
13. Protections of Contract Provisions
The provisions of this Contract are severable, and if any part of it is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable. This provision shall survive the termination of any other arrangements contained herein.
14. Further Protections of Contract
Copying, redistribution, modification and/or production of derived works of this ParkerInfo CRAMM Spam Offer (in whole are in part) are permitted only under explicit written authorization from Parker Information Resources Violations are punishable by law.
The following definitions indicate how terms and words are used in this document. If spammer has any questions regarding the intended meaning of any portion of this contract, spammer should direct those questions, without any accompanying or attached spam or marketing material, to legaldept@ParkerInfo.com. Such contract inquiries made to ParkerInfo by spammer will not incur expense to spammer, provided inquiries include no accompanying or attached spam or marketing materials. “Contract” is used in reference to the pages of this document, and the terms and provisions contained within the pages, in their entirety and collectively. The term “Authorized agents” is used in reference to any affiliates, subsidiaries, parents, providers, shareholders, directors, officers, employees, agents, employees, staff, partners, consultants, and representatives, or similar entity that have been authorized or directed by a company or individual to act on behalf of that company or individual. Any reference of “Spammer”, “Client”, “You”, “Your”, or “Yours” is representative to Your Company. “We”, “Us”, “Our”, and “Ours” are in reference to ParkerInfo Technical Solutions, Inc. of 160 International Parkway Suite 140, Heathrow FL 32746. “Marketing Material” shall mean any standard-mail item, telephone call, voice mail, facsimile, data transmission, flyer, brochure, door hanger, newspaper, magazine, pamphlet, software application, instant electronic message, internet broadcast, or email that was created or distributed with the primary or partial intent being to promote, sell, buy, give, offer, portray, solicit, convey, take or receive services, products, information, or ideas to or from individuals or businesses. The term “Spam” is used In reference to any form of marketing material that, whether intentionally or erringly, is delivered to or received by any individual or business who has requested to not receive any marketing material from the sender, or who has not requested to receive any marketing material from the sender. The term ‘Spam’ is to include, but is not limited to, forms of marketing or promotion such as email, Microsoft Windows system messages, telephone calls, door-to-door salespersons, and standard mail via US Postal service. “Process”, for the purpose of this contract, is used to describe the act of receiving, accepting, refusing, handling, reading, assimilating, comprehending, filtering, discussing, moving, deleting, discarding, filing, assessing, criticizing, storing, evaluating, or organizing any form of marketing material or Spam. Similarly, “Analysis” is used to describe any of the following acts, as performed on marketing material or spam: deductive reasoning, opinion forming, gaining of understanding of, question forming, research, contacting others in regard to, or analyzing. “Response” is used to indicate the act of acknowledging to the sender(s) of marketing material or spam that such has been received. “Service” is meant to indicate the process of Parker Information Resources receiving spam from spammer or spammer’s authorized agents for processing, analysis, or response by us or any of our authorized agents. “Forbidden Recipient Addresses” are any and all addresses of any physical, virtual, or electronic type that are listed as such within this contract, or are owned, leased, or maintained by us or our authorized agents.
16. Release and Indemnification
The spammer hereby waives, releases, forgives, discharges and relinquishes any and all claims that spammer now has or may have against Parker Information Resources William Parker, or their authorized agents which are connected with, arise out of, relate to or are incidental to any Parker Information Resources action, inaction or transaction. Spammer hereby agrees to indemnify, defend and hold Parker Information Resources, William Parker, and their Authorized agents harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by or as a result of ParkerInfo , Inc., William Parker, or their Authorized agents arising out of or in connection with the performance of its duties as described in this Contract including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any Parker Information Resources transaction and/or by any other person and/or as a result of the spammer taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. Spammer further agrees to indemnify and hold Parker Information Resources William Parker, and their authorized agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Spammer's use of the Service, the violation of these rules, guidelines, terms and conditions by Spammer, or the infringement by Spammer, or other user of the Service using Spammer's computer, domain, name, or identity or of any intellectual property or other right of any person or entity. By sending to ParkerInfo , Inc spammer’s marketing materials or Spam, spammer agree that any interruptions of spammer’s services that spammer may experience due to ‘denials of service’ caused by our responding to spammer’s emails as described above, are not directly attributable to ParkerInfo Technical Solutions, Inc and, as such, spammer hereby indemnifies ParkerInfo , Inc and agrees that no legal action may be taken against ParkerInfo , Inc or our Authorized Agents or Jeffrey Ensminger by spammer or spammer’s authorized agents regarding such incidental service interruptions.
17. Limitation of Liability
NEITHER Parker Information Resources NOR William Parker SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR MESSAGES SENT OR TRANSACTIONS ENTERED INTO OR THROUGH THE SERVICE OR RESULTING FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR ALTERATION OF SPAMMER’S OR OUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ParkerInfo , INC. OR William Parker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Parker Information Resources makes no promises, guarantees, or warranties, either express or implied, of merchantability or fitness for any specific purpose regarding our products or Services. ParkerInfo further asserts and spammer understands that spammer may experience no benefit or gain whatsoever from the use of our services. In fact, Parker Information Resources hereby cautions spammer that use of our services may incur substantial expense to spammer or spammer’s authorized agents. Furthermore, we make no claim that any of the Forbidden Recipient Addresses listed herein will ever be active or able to receive marketing material or Spam from spammer or spammer’s authorized agents. Additionally, we make no claim that any or all marketing material or Spam received by us or our Authorized Agents will be fully processed, analyzed, or responded to.
Time is of the essence of this contract. This contract is made in the State of Texas and shall be governed by Texas law. This is the entire contract between the parties and may not be modified or amended except by a written document signed or submitted by Parker Information Resources This contract may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this contract. Signatures from either of the parties are not necessary to the execution of this contract. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this contract. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. The prevailing party in any litigation, arbitration or mediation relating to this contract shall be entitled to recover its reasonable attorney’s fees from the other party for all matters, including but not limited to appeals. Volusia County, Texas, shall be proper venue for any litigation involving this contract. This contract may not be assigned or delegated by either party without the prior written consent of Parker Information Resources
IN WITNESS WHEREOF, Parker Information Resources signifies their acceptance of this contract as legally binding, as of the day and year first above written, by their action of submitting this contract to the spammer by way of electronic or standard mail from an email address owned, rented, or operated by ParkerInfo Technical Solutions, Inc or its officers.
IN WITNESS WHEREOF, the spammer signifies their acceptance of this contract as legally binding, as of the day and year first above written, by their action of sending any electronic marketing materials, solicitation telephone calls, house or office visits, standard mail, or other spam to any of the forbidden recipient addresses (as noted above) after the day and year first above written.