Spam Arrest: Um, No
A professional photographer I know from around town wrote me wanting to take pictures of me, free of charge. I'm thinking there must be a catch, but I don't know -- and won't know -- because I got this bullshit anti-spam thing from Spam Arrest that I am for sure not filling out and sending back.
The bit they want you to sign -- note the $2,000 part:
SENDER AGREEMENT - By clicking the "VERIFY" button above, and in consideration for Spam Arrest, LLC forwarding your e-mail (and any e-mails you may send in the future) to the intended recipient (the "Recipient"), you agree to be bound by the following Sender Agreement:You represent and warrant to Spam Arrest and the Recipient that any e-mail you desire to send to the Recipient is not "unsolicited commercial e-mail" i.e., the e-mail does not primarily contain an advertisement or promotion of a commercial product, service or Web site; unless the Recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the Recipient's own initiative. Further, you represent and warrant that your transmission of any e-mail does not violate any local, state or federal law governing the transmission of unsolicited commercial e-mail, including, but not limited to, RCW § 19.190.020 or the CAN-SPAM Act of 2003. You understand and acknowledge that it is fair and reasonable that you agree to abide by the restrictions set forth in this agreement. You acknowledge and agree that this agreement is central to Spam Arrest's decision to forward your e-mails to the Recipient. Accordingly, if you violate this agreement, Spam Arrest and the Recipient shall be entitled to (1) temporary and/or permanent injunctive relief to restrain any further breaches or violations of this agreement; and (2) damages in the amount of two thousand dollars ($2,000.00) for each violation of this agreement. You acknowledge that such remedies are appropriate and reasonable in light of the costs and expenses Spam Arrest incurs as a result of eradicating and filtering unsolicited commercial e-mail. You acknowledge that the $2000.00 remedy is a reasonable estimate of Spam Arrest's and the Recipient's actual damages. This agreement is governed by the laws of the State of Washington and the exclusive venue for any action related to this agreement shall be held in the state and federal courts located in Washington. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum, lack of personal jurisdiction or for any other reason.
Two words: Fuck you.
A few more words: You want to get a reply from me, whitelist me, buttwad.
Spam Arrest might block "100 percent of spam," but probably blocks a good percentage of mail from people like me who actually read the shit they're signing.
And P.S. A judge said Spam Arrest's "$2,000 liquidated damages provision is invalid."
"$2,000 liquidated damages provision is invalid."
And how! In court, you have to justify damages with, well, actual damages. (Punitive damages are different, and not applicable in this case). How they thought they could claim $2000 in costs for *each* violation is beyond me.
Either way though, you should have been off the hook from this
"unless the Recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the Recipient's own initiative"
He/she contacted you, yes?
Ltw at December 3, 2013 12:02 AM
See also.
Crid [CridComment at Gmail] at December 3, 2013 12:31 AM
Yes, he contacted ME, and then when I wrote back, I got this bullshit to e-sign. Fuck no. And how rude. You write me, you white-list me. Don't make me go through bullshit to get my email to you. The most unbelievable thing used to be when somebody would write me for advice and I'd write back at some length and then Earthlink would send me a form to fill out to get my email to go through. Nothing like that to make me wish I'd never spent the time.
Amy Alkon at December 3, 2013 5:27 AM
Amy Alkon
http://www.advicegoddess.com/archives/2013/12/03/um_no.html#comment-4090867">comment from Amy AlkonLove that Kleargear post from Popehat, Crid.
Amy Alkon
at December 3, 2013 5:29 AM
Kleargear?? Hell no. Thinkgeek.com. Plus I get free shipping and geek points, and they've got better stuff.
(Yes, I am a geek, and a geek-mom. I am not ashamed.)
Flynne at December 3, 2013 7:46 AM
The most unbelievable thing used to be when somebody would write me for advice and I'd write back at some length and then Earthlink would send me a form to fill out to get my email to go through.
Earthlink was my first thought when I read this. I think (hope) their rigamarole doomed their email program.
Bonus points here for making you fill out MWQX9Z or whatever the hell it is.
Kevin at December 3, 2013 8:22 AM
> (Yes, I am a geek, and a geek-mom. I am
> not ashamed.)
You & I have a tawdry, clandestine fling inked for next summer sometime, right?
OK then, very good.
Crid [CridComment at Gmail] at December 3, 2013 9:09 AM
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