No Spam Policy

1. Unless the owner of the domain smithland.com or someone else with an email address including “smithland.com” has specifically opted in to receive commercial email from you, you understand and agree that nobody with an email address including “smithland.com” has ever requested any commercial communication from you, and that any commercial email you send that includes “smithland.com” in the To, Cc, or Bcc fields that fits these criteria is against the express wishes of the recipient(s).

2. As consideration for reading your unsolicited commercial email, you agree that any email you send which advertises or promotes any product, service, or Internet destination shall be subject to a $10,000.00 fee for reading and responding appropriately. The fee may be paid in advance at PayPal, or we will remit an invoice.

3. You accept responsibility for any affiliates or marketing agents who promote any product, service, or Internet destination on your behalf.

4. Concealing your identity increases the fee by $10,000.00 to compensate for the effort to track down the sender.

5. You may not sell, barter, or give away to any other party any email addresses containing the domain name “smithland.com.” Violation of this clause subjects you to liquidated damages of $10,000.00 or ten (10) times the amount of money you made selling the address(es), whichever is greater.

6. You agree that California Business & Professions Code §17529.5 is not pre-empted by the Federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq.

7. In the event that any suit or action is instituted to enforce any provision in this contract, Smithland.com and it owners shall be entitled to all costs and expenses of maintaining such suit or action, including reasonable attorneys’ fees.

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 California and both parties consent to jurisdiction in California. This contract shall be governed by, construed and enforced in accordance with the laws of the State of California.

10. Sending email to or copying to or blind copying to any email address containing the domain name “smithland.com,” or similar actions by your affiliates / agents, constitutes voluntary acceptance of these terms.