Unsolicited Commercial Email (UCE) Contract
–AGREEMENT TO FORM CONTRACT
Parties agree to be legally bound by the this contract either in writing or by action. An action sufficient to manifest assent expressly includes sending an email to any email address at the PANPA.org domain or by using a contact form. Parties agree that consent-by-action is fully effective to legally bind the Parties, manifests intent to be legally bound, and acts as an electronic signature.
Sender is any person or entity that sends or desires to send commercial email or commercial messages via the PANPA.org domain, including use of the contact form, to solicit business or services and not associated with genuinely seeking legal advice and without a bona fide per-existing business relationship between the Parties.
Owner is the owner of the PANPA.org domain.
Parties means the Owner and Sender.
UCE is pronounced as the English ‘use.’
Unsolicited commercial email is sometimes termed spam and that meaning is incorporated here.
Sender agrees to purchase a standard license for $5.00US for each distinct email message sent to each distinct email address at the PANPA.org domain prior to sending an email to an address at quietchurch.org.
Sender agrees to purchase a expedited license, after sending any email without a Standard License, for $100.00US for each distinct email message sent to each distinct email address at the PANPA.org domain.
Sender may not assign or transfer any license including absolute prohibition on use by affiliates, subdivisions, parent organizations, or anyone else.
Sender must include the text, PANPA.org UCE and the invoice number, in the SUBJECT LINE in each email as proof of license. Failure to include this required item voids the license.
Sender bears the burden of (1) proving by CLEAR & CONVINCING EVIDENCE and without ambiguity an express, pre-existing, business relationship between Sender and Owner or (2) proving by CLEAR & CONVINCING EVIDENCE and without ambiguity the existence of a valid Standard License issued by Owner directly to Sender with full compensation paid and credited.
Sender agrees without objection that Owner may present a copy of an email sent by the Sender as conclusive proof of a contract and to support any claim for Owner’s damages.
Sender agrees to pay all court costs, fees, interest, and attorney fees of Owner and including collection costs and interest.
–DISCLAIMERS & COMPLETE LIMIT ON LIABILITY
OWNER PROVIDES THE LICENSE AS IS.
OWNER MAKES NO REPRESENTATION THAT EMAILS SENT TO PANPA.org WILL BE READ OR ACTED UPON.
PARTIES AGREE TO THE BROADEST POSSIBLE INTERPRETATION THAT OWNER, OWNER’S AGENTS, ASSIGNS, CONTRACTORS, OR ANY OTHER PERSON ASSOCIATED WITH OWNER IS NOT AND WILL NOT BE LIABLE FOR ANYTHING INCLUDING ANY DAMAGES OF ANY POSSIBLE KIND AND UNDER ANY POSSIBLE LEGAL, EQUITABLE, OR ANY OTHER THEORY.
–DISPUTE & ISSUE HANDLING
Parties agree that any dispute or issue, with meaning interpreted to the broadest extent possible, will be brought, heard, and resolved exclusively in the state courts of the Commonwealth of Pennsylvania sitting in Lackawanna County, Pennsylvania.
Parties consent to personal jurisdiction in the Commonwealth of Pennsylvania.
Parties agree to waiver of personal service of process. Instead, Parties agree that Owner may notify Sender by email of any dispute, and email notice carries the full effect of personal service of process.
Sender agrees to pay Owner’s legal costs, legal fees, and collection costs.
The laws of of the Commonwealth of Pennsylvania control in any matter or issue without resort to conflict of laws provisions.
–STANDARD CONTRACT PROVISIONS
This is the entire agreement of the Parties and supersedes any other agreement or understanding.
Failure to enforce any provision in one circumstances does not act as a waiver of subsequent enforcement.
If any part of this contract is held invalid or unenforceable by a court with competent jurisdiction, the balance remains in full effect.
–CONFESSION OF JUDGMENT
COMMERCIAL PARTY CONFESSION OF JUDGMENT: A commercial Sender consents to Confession of Judgment under Pennsylvania Law.