This file is published at: http://www.ERDLLC.US/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 OR TRANSMISSION OF SPAM E-MAIL,
FAX, OR PHONE CALL CONSTITUTES ACCEPTANCE

Eagle Rock Development, LLC and its various "dba" companies  (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 (SPAM) 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 (hereinafter referred to as "SPAMMER") 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  jointly and severally agrees to pay the sum of
$500.00 (five hundred 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 SPAMMER and ISP.

(b) Acceptance of this offer by the SPAMMER and  the SPAMMER's  ISP is demonstrated, affirmed, signified, and ratified each and every time that the SPAMMER dials, sends, or
otherwise transmits a SPAM telephone call, JUNK fax or SPAM e-mail and each time the originator's hosting company or ISP allows, facilitates, transmits, or otherwise cooperates
with the SPAMMER 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 any SPAMMER or ISP  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 SPAMMER and the SPAMMER's ISP(s), 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 they have collected as to the spamming activities in any and every venue  that Eagle Rock Development, LLC in its sole discretion deems appropriate.
The SPAMMER and the SPAMMER's ISP(s) 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 SPAMMER 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, hosting company, telephone company (whether wired, wireless, or VOIP), or fax service provider who intentionally 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) If 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 jointly and severally
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
and disposal of such malicious software and the damages to Eagle Rock Development, LLC's systems and files is difficult to impossible to accurately ascertain.

(g) Each SPAMMER and ISP involved with the transmission of any SPAM e-mail, JUNK FAX, or SPAM Phone call agrees to pay all collection costs, attorney's fees, and court costs
 associated with the prosecution of any action to enforce any portion of this agreement.  

(h) 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 8/3/2017   Supersedes all previous revisions cleaning up language, increasing fee to $500.00)
(revised 4/27/2017  adding URL to top of file for ease of copying