ABBACAN.COM INCOMING UNSOLICITED COMMERCIAL EMAIL (UCE) CONTRACT & LICENSE

--NOTICE OF CONTRACT Parties agree to be legally bound by the this contract either in writing or by any action. An action sufficient to manifest assent expressly includes sending an email to any email address at the abbacan.com domain. Parties agree that consent by action is fully effective to legally bind the Parties and acts as an electronic signature.

--DEFINITIONS Sender is a person or entity that sends or desires to send email to the abbacan.com domain. Owner is the owner of the abbacan.com 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. 

--PROMISES Sender agrees to purchase a standard license for $50.00US for each distinct email message sent to each distinct email address at the abbacan.com domain prior to sending an email to an address at abbacan.com. Sender may, entirely at the discretion of Owner, purchase a expedited license after sending for $500.00US US for each distinct email message sent to each distinct email address at the abbacan.com domain. Sender may not assign or transfer any license including absolute prohibition on use by affiliates, subdivisions, or parent organizations. Sender must include the text "Abbacan.com UCE" followed by the invoice number in the SUBJECT LINE of the license in each email as proof of license. Failure to include this required item voids the license.

--DISCLAIMERS & LIMIT ON LIABILITY OWNER PROVIDES THE LICENSE AS IS. OWNER MAKES NO REPRESENTATION THAT EMAILS SENT TO ABBACAN.COM WILL BE READ OR ACTED UPON. PARTIES AGREE TO THE BROADEST POSSIBLE INTERPRETATION THAT OWNER IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY POSSIBLE KIND AND UNDER ANY POSSIBLE LEGAL OR EQUITABLE THEORY.

--DISPUTE & ISSUE HANDLING Parties agree that any dispute or issue, interpreted to the broadest extent possible, must be brought, heard, and resolved exclusively in the courts of the Commonwealth of Pennsylvania sitting in Lancaster 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 full effect of personal service of process. The laws of of the Commonwealth of Pennsylvania control in any matter or issue without resort to conflict of laws provisions. This is the entire agreement of the parties. Failure to enforce any provision in one circumstances does not act as a waiver of subsequent enforcement power. If any part of this contract is held invalid or unenforceable, the balance remains in full effect. 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 license issued by Owner directly to Sender with full compensation paid, credited, and cleared. Sender agrees without objection that Owner may present a copy of an email sent by the Sender as full proof of contract and to support a claim for damages. Sender agrees to pay all court costs, fees, interest, and attorney fees of Owner and including collection costs and interest.

Void where prohibited by law.

Updated: 10 September 2011

This contract is copyrighted and may not be used in any way without prior express written permission.