SPAM OFFER AND CONTRACT EFFECTIVE 8/1/2018

This file is published at: http://www.ERDLLC.US/SpamOffer.html (added 2017-04-27) (amended 6/26/2018)

OFFER TO PROCESS SPAM AND MALICIOUS E-MAILS, JUNK FAXS, &
UNSOLICITED AND UNDESIRABLE TELEPHONE CALLS.
TERMS OF OFFER

Eagle Rock Development, LLC and its various "dba" companies (hereinafter collectively referred to as "ERD"), hereby makes the following offer to everyone:

DEFINITIONS

1. ERD - Eagle Rock Development, LLC, its various "dba" companies, and all websites that it maintains.

2. "SPAM" - a "SPAM" E-mail is any e-mail which is "UCE" (unsolicited commercial e-mail), any e-mail determined by ERD
         to be a SCAM, and/or contains fraudulent sender information, fraudulent or phony headers, or any other fraudulent or incorrect information.
         SPAM includes any Malicious e-mail which is any e-mail containing a virus, malware, trojan, adware, keylogging function, ransomware, or any other code
         or data detrimental to any ERD system.

3. JUNK FAX - A junk fax is any fax that is an advertisement for goods or services that ERD did not specifically request or authorize.

4.   UTC - UNDESIRABLE TELEPHONE CALL - A UTC is any telephone call, incoming to ERD, which has any of the following attributes:
        A. containing a spoofed caller-ID name or telephone number;
        B. originating from a number which when called back has a "not in service" or similar recording, or constant busy signals, or any inability to speak to a human
            including but not limited to having only a voice-mail box or a "communications management platform";
        C. consisting of undesirable noises such as a blaring FAX noise, gurgling noises, intermittent / incomprehensible human speech;
        D. automated "ROBO-CALL" calls demanding that the recipient does not hang up the phone;
        E. Calls which state a false "FINAL ATTEMPT" to contact the recipient;
        F. Calls stating "We have tried to contact you numerous times" = HARASSMENT

5. ORIGINATOR - An "originator" is any individual or company who composes or transmits or causes to be composed and/or transmitted to
ERD or any of its members, employees, agents, or independent contractors any SPAM, JUNK FAX, or UTC.

6. ISP - here, the term ISP includes:
         A. Internet Service Provider or Hosting Company, providing e-mail, fax, e-fax, LEC, CLEC or VOIP telecommunications services to an ORIGINATOR
         B. Domain Name Registrar providing one or more domain names to an ORIGINATOR
        C. Any "Anonymity" service which conspires with an ORIGINATOR to Conceal the true name, address, telephone number, location, or any other
            factually correct information about an ORIGINATOR from ERD or the general public.GODADDY's "Domains by Proxy" and NAMECHEAP's
            "Whois Guard" examples of anonymity services.
        D. Any LEC, CLEC or VOIP telecommunications carrier who provides telecommunications or other services to an ORIGINATOR

7. FACILITATOR - Each and every ISP and each employee, agent, or independent contractor to any ISP who assists any ORIGINATOR in the
delivery to ERD of any SPAM, JUNK FAX, or UTC are, under this offer and the demonstrated agreements thereto, a FACILITATOR and
conspirator with said ORIGINATOR.

TERMS OF OFFER, ACCEPTENCE AND CONTRACT

I. ERD'S OFFER: ERD hereby offers to receive and process any and all any SPAM, JUNK FAX, or UTC (hereinafter referred to as "CRAP") at any ERD controlled
    e-mail address, telephone number, or FAX number from every ORIGINATOR & FACILITATOR wishing to use ERD's receiving and processing services.

II. ERD's FEES: ERD's FEES:for processing each item of ORIGINATOR'S CRAP is valued at the sum of $500.00 (five hundred dollars US) as and for the valuable
    consideration of opening and viewing ORIGINATOR'S SPAM e-mails, paying E-FAX.COM to receive and transmit into my e-mail then subsequently opening and viewing
    ORIGINATOR'S JUNK FAX     transmissions, and dropping whatever I'm doing to answer ringing telephones containing ORIGINATOR'S UTC CRAP.

III. ACCEPTANCE: ACCEPTANCE of this offer by ORIGINATOR and each involved FACILITATOR is demonstrated, affirmed, signified, and ratified each and every time
    that the ORIGINATOR dials, sends, or otherwise transmits a UTC telephone call, JUNK FAX or SPAM e-mail item of CRAP.
    Each and every involved FACILITATOR's agreement is demonstrated, affirmed, signified, and ratified each and every time that said FACILITATOR permits their facilities and
    equipment to complete the the processing, switching, transmission, or completion of the ORIGINATOR'S item of CRAP, including but not limited to continuing to provide
    the ORIGINATOR(s) with access to FACILITATOR's domain name registration services, anonymity services, ISP / HOSTING services, telephone landline or VOIP services,
    TCP/IP, SMPT, POP, IMAP or other related e-mail or data services and by continuing to maintain those services. The ORIGINATOR and each and every FACILITATOR agree
    to be jointly and severally liable to ERD for all sums becoming due ERD under this agreement.

IV. DESIGNATION OF CRAP, DEMAND, AND PAYMENT TERMS: It is entirely in the purview of ERD to determine which of its incoming e-mails, FAXs, and
    telephone calls would be designated as CRAP.   Indeed CRAP is in the eye of the beholder. Once ERD determines that it is in receipt of incoming CRAP ERD will,
    to the best of its ability, investigate to ascertain the precise identity of the ORIGINATOR and each and every identifiable FACILITATOR.
    ERD will demand that the ORIGINATOR and each and every identifiable FACILITATOR pay for ERD's processing of all identified items of CRAP within 10 calendar days of
    the date of the demand. The ORIGINATOR and each and every FACILITATOR agree to pay ERD in full within 10 calendar days from the date demand is made all sums due to
    ERD pursuant to this agreement.

V. WAIVER OF PRIVACY AND AUTHORIZATION TO DISCLOSE INFORMATION: The originator of identified items of CRAP received by ERD
    hereby expressly waives any and all claims of privacy and hereby expressly authorizes and demands that each and every FACILITATOR involved in the transmission
    of   CRAP to ERD to provide the true identity, location, address, telephone number, e-mail address of ORIGINATOR, and if the ORIGINATOR is a company, the
    form of the company, and the names, addresses, telephone numbers and e-mail addresses of every known officer, manager, employee, and agent of ORIGINATOR to
    ERD upon ERD's request by telephone, e-mail, writing, or FAX.

VI. COLLECTION ACTIVITY BY ERD: If any ORIGINATOR or FACILITATOR invoiced under the terms and conditions of a contract resulting from
    one or more demonstrated acceptance(s) of this offer fails to pay within the 10 (ten) Calendar day time period ERD at its sold discretion may place the account
     into collections initiate suit in a court of competent jurisdiction. Collection by SHAMING may be pursued by ERD. ERD at its sole discretion, may post publicly,
    all information pertinent to the ORIGINATOR and the FACILITATOR(s), and all of the information ERD has collected as to the nature and extent of the
     CRAP spewing activities in any and every venue that Eagle Rock Development, LLC in its sole discretion deems appropriate. Any public postings by ERD may include
    copies of e-mails, screen shots of websites, photographs of telephone logs, and AUDIO RECORDINGS OF UTC CRAP
    The ORIGINATOR and the FACILITATOR(s) 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.

VII. ATTORNEYS FEES: Each ORIGINATOR and FACILITATOR by who have signified their acceptance(s) of ERD's offer by transmitting items of CRAP to ERD
    agree to pay all attorney fees and costs associated with ERD's prosecution of an action to enforce any portion of this agreement. AS SPAM, JUNK FAX, AND UNDESIRABLE
    HARASSING TELEPHONE CALLS ARE ALREADY PROHIBITED AND ILLEGAL, ORIGINATOR(S) and FACILITATOR(S) AGREE THAT UNDER NO
    CIRCUMSTANCES WILL ERD PAY ANY ATTORNEYS FEES, COSTS, OR DAMAGES TO ORIGINATOR(S) and FACILITATOR(S).

VIII. SPECIAL PENALTIES: Each ORIGINATOR and FACILITATOR hereby agrees to the following special penalties:
     special penalty #1: FACILITATOR(S) AGREE that any violation of paragraph V above, specifically the refusal of any FACILITATOR to, upon ERD's request,
    to provide identity, address, telephone number, e-mail address, officer and manager information about ORIGINATOR, will result in the special penalty #1 which will require that
    FACILITATOR to pay as liquidated damages to ERD the sum of $10,000.00 (ten thousand dollars) in addition to any and all other amounts due under this contract plus collection costs,
    attorney's fees, and court costs associated with the prosecution of an action to enforce any portion of this agreement.
    special penalty #2: ORIGINATOR(S) and FACILITATOR(S) agree that if ERD receives any SPAM e-mail item of CRAP that contains any computer virus,
    ad ware, Trojan, key logger, or malware of any other sort, the ORIGINATOR(S) and FACILITATOR(S) will pay 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.

IX: ENTIRE AGREEMENT: ORIGINATOR(S) and FACILITATOR(S) agree that this is the entire agreement among the parties and that this agreement can only be modified by a
meeting of all parties and in writing.

© (revised 6/26/2018 COMPLETE RE-WRITE. INCLUDES DEFINITION SECTION,
RESTATING AS SPECIAL PENALTIES: 1. FAILURE TO IDENTIFY ORIGINATORS AS $10K PENALTY

SPECIAL PENALTY 2: $10Mil PENALTY FOR VIRUS/MALWARE TRANSMISSION.