Cyberheat/TopBucks Response to FTC Charges

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  • Topbuxom Lea
    Confirmed User
    • Feb 2004
    • 1313

    #1

    Cyberheat/TopBucks Response to FTC Charges

    Webmaster Community,

    The FTC has recently contacted our company regarding alleged Can-Spam violations.

    We would like to proclaim publicly and vehemently deny any and all accusations that Cyberheat Inc. knowingly participated in any email campaigns that violated the CAN-SPAM Act.

    Cyberheat attorneys have attempted to resolve this matter with the FTC. However, we find that the FTC?s motives in this instance are not to stem the flow of illegal spam, but rather to generate money and force companies like ours to police our affiliates with extreme measures and take on unnecessary liabilities.

    Cyberheat has always adhered to FTC Regulations and we believe we remain CAN-SPAM compliant. We have been explicit in our communications that we have zero tolerance for webmasters who do not comply with FTC regulations and the CAN-SPAM Act. In our case, the FTC has admitted that they are attempting to make our company liable for affiliates who have broken the CAN-SPAM law and violated our terms. We are confident that we have done due diligence to banish CAN-SPAM violators and that the law clearly is on our side.

    Our attorneys are confident that Cyberheat Inc. will prevail in this court dispute and through the judicial process we will be able to finalize an agreement that complies with the CAN-SPAM law while allowing us to retain our legal right to conduct business as usual.

    As we begin to set the precedent for what may be many public cases, we know that we are not alone in this crusade. Our thanks go out to the Industry and Community for their un-wavering support.

    We anticipate these negotiations and proceedings will go on for several months, but our plan is to continue to conduct business as usual.

    If you have any additional questions, please feel free to contact us at [email protected]
    Lea
    Marketing Miglet
    ICQ: 263003699
    Topbucks/Pluginfeeds


    Twitter:
    @porntechgeek
    @TopBucksmobile
    @pinkvisual

    Facebook:

    http://www.facebook.com/imalespectrum
  • xclusive
    Too lazy to set a custom title
    • Apr 2004
    • 35218

    #2
    Sorry to hear about the Hassle Lee TopBucks is a great program and I know you guys will be free and clear of this in no time. Thanks for letting us know about everything going on.

    I support MediumPimpin.com / Shemp's Outlawtgp.com /


    Comment

    • Jman
      Already an AI veteran
      • Sep 2003
      • 22832

      #3
      http://ftc.gov/opa/2005/07/alrsweep.htm

      WOW!!!
      Orkestrait NSFW AI
      FantasyXXX.AI
      Email: [email protected] TG: @jman1216

      Comment

      • TheDoc
        Too lazy to set a custom title
        • Jul 2001
        • 13827

        #4
        Nice.. Cyberheat is always on top of the game...
        ~TheDoc - ICQ7765825
        It's all disambiguation

        Comment

        • eroswebmaster
          March 1st, 2003
          • Jul 2001
          • 20295

          #5
          Good luck.
          For rent - ICQ 127-027-910
          Click here for more details

          Comment

          • WiredGuy
            Pounding Googlebot
            • Aug 2002
            • 34512

            #6
            Good luck, where others may have found it easier to settle, its nice to see some people fighting back.
            WG
            I play with Google.

            Comment

            • WWC-Jon
              Registered User
              • Feb 2005
              • 297

              #7
              Nice work topbucks! Good luck I am sure you will prevail!

              Comment

              • The Adult Broker
                Confirmed User
                • Dec 2004
                • 5265

                #8
                Good luck, TopBucks is top rated and have no doubt that these charges are false and forced. go get em!

                Gamma Entertainment | | Camz | Fleshbot| TheMobileBroker AdultShowsOnly
                Lori Z., The Adult Broker | theadultbroker.com | [email protected] |
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                Comment

                • triumph
                  Confirmed User
                  • Dec 2002
                  • 3433

                  #9
                  Originally posted by WiredGuy
                  Good luck, where others may have found it easier to settle, its nice to see some people fighting back.
                  WG
                  I aplaud Topbucks for that also! Fight for whats Right!

                  Comment

                  • TheGoldenChild
                    Confirmed User
                    • May 2002
                    • 6940

                    #10
                    All the best to you guys-
                    Topbucks.com is

                    Comment

                    • Tala
                      Fucked if I know
                      • Dec 2002
                      • 23368

                      #11
                      All my best folks.

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                      Comment

                      • TheSenator
                        Too lazy to set a custom title
                        • Feb 2003
                        • 13330

                        #12
                        thread is bookmarked.....
                        ISeekGirls.com since 2005

                        Comment

                        • sherie
                          Confirmed User
                          • Feb 2002
                          • 7020

                          #13
                          I would have to agree there. Throughout all of my dealings with TobBucks they have always required persons to be compliant. I wish you all the best!
                          AIM sherierocks
                          ICQ 127-296-286
                          Skype traffichor

                          Comment

                          • Thurbs
                            The Thrilla in Manila
                            • Sep 2004
                            • 4785

                            #14
                            sorry to hear about that good luck

                            Comment

                            • Steve
                              Confirmed User
                              • Feb 2001
                              • 6894

                              #15
                              good luck, it sounds like an over zealous attempt to generate income at the expense of the online adult industry

                              Comment

                              • Series
                                Confirmed User
                                • Jul 2004
                                • 946

                                #16
                                Seriously, good luck

                                Comment

                                • nojob
                                  The Original NoJob
                                  • Feb 2004
                                  • 3682

                                  #17
                                  Good luck. I am sorry to hear about this.

                                  Comment

                                  • Matt 26z
                                    So Fucking Banned
                                    • Apr 2002
                                    • 18481

                                    #18
                                    Originally posted by JMan
                                    "While the defendants did not send e-mail directly to consumers, they operated ?affiliate marketing? programs in which they paid others to send spam on their behalf."

                                    FTC should have to prove that to be the case, which they can't do. Seems to me like the individual advertisers should be held accountable in these types of cases.

                                    Comment

                                    • Allison
                                      Confirmed User
                                      • Jul 2001
                                      • 2068

                                      #19
                                      Originally posted by Matt 26z
                                      "While the defendants did not send e-mail directly to consumers, they operated ?affiliate marketing? programs in which they paid others to send spam on their behalf."

                                      FTC should have to prove that to be the case, which they can't do. Seems to me like the individual advertisers should be held accountable in these types of cases.
                                      Yeah especially when they are not being pre-paid & accounts get terminated without payment when violating our terms.

                                      Thanks for the support.

                                      ~Alli
                                      Allison
                                      President
                                      TopBucks.com| PinkVisual.com|
                                      [email protected]
                                      Follow Me on Twitter:
                                      http://www.twitter.com/PV_Alli

                                      ICQ: 120353154

                                      Check out PVLocker.com

                                      Comment

                                      • Xenophage
                                        Registered User
                                        • Oct 2001
                                        • 12122

                                        #20
                                        Originally posted by Allison
                                        Yeah especially when they are not being pre-paid & accounts get terminated without payment when violating our terms.

                                        Thanks for the support.

                                        ~Alli

                                        Good luck on this ! See ya in Miami

                                        Comment

                                        • tranza
                                          ICQ: 197-556-237
                                          • Jun 2003
                                          • 57559

                                          #21
                                          Did you guys pay anything to them?
                                          I'm just a newbie.

                                          Comment

                                          • JFK
                                            FUBAR the ORIGINATOR
                                            • Jan 2002
                                            • 67369

                                            #22
                                            Top Bucks is still tops in my books, inspite of some baseless trumped up accusations! Go get them Guys best of Luck

                                            FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX
                                            For promo opps contact jfk at fubarwebmasters dot com

                                            Comment

                                            • sherie
                                              Confirmed User
                                              • Feb 2002
                                              • 7020

                                              #23
                                              Originally posted by Allison
                                              Yeah especially when they are not being pre-paid & accounts get terminated without payment when violating our terms.

                                              Thanks for the support.

                                              ~Alli
                                              Agreed 100%.
                                              AIM sherierocks
                                              ICQ 127-296-286
                                              Skype traffichor

                                              Comment

                                              • Platinum Dave
                                                Confirmed User
                                                • Mar 2001
                                                • 2441

                                                #24
                                                Top Bucks is a class act company, leader in our industry. Good work guys standing up and not being pushed around after being acused of something you did not do.


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                                                Comment

                                                • Allison
                                                  Confirmed User
                                                  • Jul 2001
                                                  • 2068

                                                  #25
                                                  Originally posted by tranza
                                                  Did you guys pay anything to them?
                                                  No.

                                                  ~Alli
                                                  Allison
                                                  President
                                                  TopBucks.com| PinkVisual.com|
                                                  [email protected]
                                                  Follow Me on Twitter:
                                                  http://www.twitter.com/PV_Alli

                                                  ICQ: 120353154

                                                  Check out PVLocker.com

                                                  Comment

                                                  • Dalai lama
                                                    Strength and Honor
                                                    • Jul 2004
                                                    • 16540

                                                    #26
                                                    Good luck Topbucks

                                                    A program you can trust.
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                                                    Comment

                                                    • BradM
                                                      Confirmed User
                                                      • Dec 2003
                                                      • 3397

                                                      #27
                                                      I hope you guys hand some asses out.
                                                      Good luck!

                                                      Comment

                                                      • Rinaldo
                                                        Confirmed User
                                                        • Sep 2003
                                                        • 5086

                                                        #28
                                                        I am a fan of ALLI's

                                                        Comment

                                                        • Rui
                                                          web
                                                          • Dec 2001
                                                          • 9533

                                                          #29
                                                          Wasn't expecting nothing else from you guys, btw Lee need to talk to you about something "i'm cooking" ;)

                                                          Comment

                                                          • Topbuxom Lea
                                                            Confirmed User
                                                            • Feb 2004
                                                            • 1313

                                                            #30
                                                            Originally posted by tranza
                                                            Did you guys pay anything to them?
                                                            No we have not paid anything. This is bound to be a long, drawn out process and we're ready for the long haul
                                                            Lea
                                                            Marketing Miglet
                                                            ICQ: 263003699
                                                            Topbucks/Pluginfeeds


                                                            Twitter:
                                                            @porntechgeek
                                                            @TopBucksmobile
                                                            @pinkvisual

                                                            Facebook:

                                                            http://www.facebook.com/imalespectrum

                                                            Comment

                                                            • NETbilling
                                                              Confirmed User
                                                              • Jan 2002
                                                              • 8598

                                                              #31
                                                              Cyberheat will surely prevail in this matter. They are a great company run by the book. Everyone we ever work with their including Kevin, Lee and Allison are top notch.

                                                              Mitch


                                                              Mitch Farber
                                                              CEO - NETbilling, Inc.
                                                              Email / Phone: 888-357-8166 / 661-252-2456
                                                              Transaction processing & 24/7 call center services with exceptional rates and flexibility, since 1998!

                                                              Comment

                                                              • JFK
                                                                FUBAR the ORIGINATOR
                                                                • Jan 2002
                                                                • 67369

                                                                #32
                                                                Originally posted by Topbuxom Lee
                                                                No we have not paid anything. This is bound to be a long, drawn out process and we're ready for the long haul
                                                                Good for you Lee, stick to your guns

                                                                FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX
                                                                For promo opps contact jfk at fubarwebmasters dot com

                                                                Comment

                                                                • Cash
                                                                  Click on my TCG signature
                                                                  • Feb 2002
                                                                  • 20825

                                                                  #33
                                                                  I wish you all the best! Topbucks rocks!
                                                                  $9.95/month for 15000 GB bandwidth monthly, unlimited (sub)domains and MySQL5, PHP4/5, 500 GB disk storage! ; use any of these invitation codes: 216263692101; 408636009193; 846090586647; my ICQ 30160426!

                                                                  Comment

                                                                  • xxxjay
                                                                    Tube groupie.
                                                                    • Aug 2002
                                                                    • 13482

                                                                    #34
                                                                    I know Ali won't put up with spammers...stick it to 'em Lee!
                                                                    http://donttellmehowtoruinmylife.com/ - http://www.jmdigitalmarketing.com/my...s-and-reviews/ - http://www.wouldyouhitit.org - http://shinyobjectreviews.com/

                                                                    Comment

                                                                    • Topbuxom Lea
                                                                      Confirmed User
                                                                      • Feb 2004
                                                                      • 1313

                                                                      #35
                                                                      Originally posted by xxxjay
                                                                      I know Ali won't put up with spammers...stick it to 'em Lee!
                                                                      Yeah that Alli can be quite the beyach right Jay?
                                                                      The only thing she's afraid of is me
                                                                      Lea
                                                                      Marketing Miglet
                                                                      ICQ: 263003699
                                                                      Topbucks/Pluginfeeds


                                                                      Twitter:
                                                                      @porntechgeek
                                                                      @TopBucksmobile
                                                                      @pinkvisual

                                                                      Facebook:

                                                                      http://www.facebook.com/imalespectrum

                                                                      Comment

                                                                      • boner 2.0
                                                                        Too lazy to set a custom title
                                                                        • Jul 2004
                                                                        • 10970

                                                                        #36
                                                                        the only bad f-word is FTC

                                                                        Comment

                                                                        • JFK
                                                                          FUBAR the ORIGINATOR
                                                                          • Jan 2002
                                                                          • 67369

                                                                          #37
                                                                          Originally posted by Topbuxom Lee
                                                                          Yeah that Alli can be quite the beyach right Jay?
                                                                          The only thing she's afraid of is me
                                                                          Oh you're such a bully

                                                                          FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX
                                                                          For promo opps contact jfk at fubarwebmasters dot com

                                                                          Comment

                                                                          • Spunky
                                                                            I need a beer
                                                                            • Jun 2002
                                                                            • 133978

                                                                            #38
                                                                            Sounds like a royal pain in the ass..Hopefully it will work out in the end

                                                                            Comment

                                                                            • Theo
                                                                              HAL 9000
                                                                              • May 2001
                                                                              • 34515

                                                                              #39
                                                                              glad to see TB not settling

                                                                              Comment

                                                                              • Vitasoy
                                                                                GFY HALL OF FAME DAMMIT!!!
                                                                                • Oct 2003
                                                                                • 58202

                                                                                #40
                                                                                I'm sure you guys will prevail... Topbucks rocks.


                                                                                [email protected]

                                                                                Comment

                                                                                • tony299
                                                                                  lurker
                                                                                  • Aug 2002
                                                                                  • 57021

                                                                                  #41
                                                                                  I wish you luck in the fight , I think if the Gov starts holding the companies for the actions of affiliates . I see the end of affilaites as we now know it.

                                                                                  Comment

                                                                                  • robfantasy
                                                                                    Confirmed User
                                                                                    • Jun 2002
                                                                                    • 6445

                                                                                    #42
                                                                                    fucking government crooks, makes me sick to my stomach
                                                                                    Looking to speak w/ high volume nutra CPA affiliates or networks... msg me

                                                                                    Comment

                                                                                    • MichaelP
                                                                                      Registered User
                                                                                      • Aug 2003
                                                                                      • 7123

                                                                                      #43
                                                                                      """While the defendants did not send e-mail directly to consumers, they operated ?affiliate marketing? programs in which they paid others to send spam on their behalf. Under the CAN-SPAM Act, the defendants are liable for the illegal spam sent by their affiliates because the defendants ?initiated? the e-mail by paying others to send it on their behalf.

                                                                                      The settlements bar future violations of the CAN-SPAM Act and the Adult Labeling Rule. They also require that the defendants closely monitor the practices of their affiliate marketers to insure that they are not violating the law. BangBros.com Inc., based in Florida, will pay $650,000 in civil penalties; MD Media, a Michigan corporation, will pay $238,743; APC Entertainment, Inc., a Florida corporation, will pay $220,000; and Pure Marketing Solutions, LLC, a Florida company, and Internet Matrix Technology, a corporation based in Louisiana, will together pay $50,000. The settlements contain record-keeping provisions to allow the FTC to monitor the defendants? compliance with the orders.

                                                                                      In addition to the settlements, at the request of the FTC, the Department of Justice (DOJ) has filed suit in U.S. District Courts citing three other operations for violations of the CAN-SPAM Act and the Adult Labeling Rule: TJ Web Productions, LLC, a Nevada company; Cyberheat, Inc., an Arizona Corporation; and Impulse Media, a Washington corporation."""

                                                                                      This is pure BS... Best of Luck Lee. go get'hem

                                                                                      "" Microsoft Corporation provided valuable technical assistance in the investigation of these cases.""

                                                                                      Well, Another reason to love Apple
                                                                                      Last edited by MichaelP; 07-20-2005, 05:18 PM.

                                                                                      Comment

                                                                                      • B2BwithJoeD
                                                                                        Confirmed User
                                                                                        • Apr 2004
                                                                                        • 1390

                                                                                        #44


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                                                                                        • XPays
                                                                                          Team Player
                                                                                          • May 2004
                                                                                          • 13002

                                                                                          #45
                                                                                          if anyone can get the law overturned it is you. best of luck with your defense!
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                                                                                          • KRL
                                                                                            Entrepreneur
                                                                                            • Oct 2002
                                                                                            • 31429

                                                                                            #46
                                                                                            Good luck!
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                                                                                            • Topbuxom Lea
                                                                                              Confirmed User
                                                                                              • Feb 2004
                                                                                              • 1313

                                                                                              #47
                                                                                              Thanks to all of you for the unwavering support. It's really appreciated by the entire Cyberheat/TopBucks staff.



                                                                                              The sky is NOT falling.......The sky is NOT falling
                                                                                              Lea
                                                                                              Marketing Miglet
                                                                                              ICQ: 263003699
                                                                                              Topbucks/Pluginfeeds


                                                                                              Twitter:
                                                                                              @porntechgeek
                                                                                              @TopBucksmobile
                                                                                              @pinkvisual

                                                                                              Facebook:

                                                                                              http://www.facebook.com/imalespectrum

                                                                                              Comment

                                                                                              • AlienQ - BANNED FOR LIFE
                                                                                                best designer on GFY
                                                                                                • Mar 2003
                                                                                                • 30307

                                                                                                #48
                                                                                                Sorry your going to loose.

                                                                                                Comment

                                                                                                • NichePay_Manny
                                                                                                  Registered User
                                                                                                  • Jul 2004
                                                                                                  • 1833

                                                                                                  #49
                                                                                                  Good luck to you guys . .

                                                                                                  Comment

                                                                                                  • lagwagon
                                                                                                    Confirmed User
                                                                                                    • Jul 2001
                                                                                                    • 8464

                                                                                                    #50
                                                                                                    Good Luck!!

                                                                                                    FTVGirls - FTVMilfs - DanielleFTV

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