Use of the mail forwarding agent operating at claudel.blackrosetech.com (216.233.43.56) hereinafter referred to as "this server", which acts as the mail agent (MX) for the following domains: blackrosetech.com, irongoddess.com, and scudpatrol.com is bound by the following terms: 1. Use of the mail agent on this server implies consent with this contract and is a binding agreement to its terms. 2. No unsolicited commercial email ("UCE"), as defined by CALIFORNIA BUSINESS AND PROFESSIONS CODE (CBPC) SECTION 17538.4 and 17537.45 may be sent through this server. 3. UCE sent in violation of CBPC 17538.4 or CBPC 17538.45 is subject to a per-instance fee of $50 [17538.45(f)(1)], which may be paid to David Gessel at gessel_at_blackrosetech_dot_com through paypal. 4. David Gessel shall be entitled to the costs associated with informing the sender of the UCE should the sender fail to proactively compensate David Gessel under paragraph 3. The sender shall be liable for the cost associated with composing and sending said letter and is estimated at $100 per instance but may be much higher. 5. Should the sender of the UCE attempt to conceal the source identity, the sender will be liable for the costs of locating the sender, and is estimated at $2,500 per instance but may be much higher. 6. Any addresses associated with the domains hosted on this server are the property of the respective bearers. Unauthorized sale ("theft") of this property is liable to a $10,000 fee and possible criminal proceedings. 7. In the event that any suit or action is instituted to enforce any provision in this contract, David Gessel shall be entitled to all costs and expenses of maintaining such suit or action [17538.45(f)(2)]. 8. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, assigns, administrators, executors and other legal representatives. 9. Any action in respect of or concerning this contract shall be litigated solely in Alameda County, California and both parties consent to jurisdiction of the person and venue in Alameda County, California. This contract shall be governed by, construed and enforced in accordance with the laws of the State of California. Post Date: 06 Jan 2002