Cyberheat/TopBucks Response to FTC Charges - GoFuckYourself.com

Topbuxom Lea · 07-20-2005, 09:43 AM

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]

xclusive · 07-20-2005, 09:45 AM

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.

Jman · 07-20-2005, 09:45 AM

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

WOW!!!

TheDoc · 07-20-2005, 09:46 AM

Nice.. Cyberheat is always on top of the game...

eroswebmaster · 07-20-2005, 09:49 AM

Good luck.

WiredGuy · 07-20-2005, 09:51 AM

Good luck, where others may have found it easier to settle, its nice to see some people fighting back.
WG

WWC-Jon · 07-20-2005, 09:57 AM

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

The Adult Broker · 07-20-2005, 09:58 AM

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

triumph · 07-20-2005, 10:04 AM

Quote:

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!

TheGoldenChild · 07-20-2005, 10:07 AM

All the best to you guys-
Topbucks.com is

Tala · 07-20-2005, 10:16 AM

All my best folks.

TheSenator · 07-20-2005, 10:25 AM

thread is bookmarked.....

sherie · 07-20-2005, 10:28 AM

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!

Thurbs · 07-20-2005, 10:31 AM

sorry to hear about that

good luck

Steve · 07-20-2005, 10:33 AM

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

Series · 07-20-2005, 10:33 AM

Seriously, good luck

nojob · 07-20-2005, 10:37 AM

Good luck. I am sorry to hear about this.

Matt 26z · 07-20-2005, 10:37 AM

Quote:

Originally Posted by JMan

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

"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.

Allison · 07-20-2005, 10:49 AM

Quote:

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

Xenophage · 07-20-2005, 10:52 AM

Quote:

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

tranza · 07-20-2005, 10:53 AM

Did you guys pay anything to them?

JFK · 07-20-2005, 10:53 AM

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

sherie · 07-20-2005, 10:54 AM

Quote:

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%.

Platinum Dave · 07-20-2005, 11:03 AM

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.

Allison · 07-20-2005, 11:05 AM

Quote:

Originally Posted by tranza

Did you guys pay anything to them?

No.

~Alli

Dalai lama · 07-20-2005, 11:05 AM

Good luck Topbucks

BradM · 07-20-2005, 11:08 AM

I hope you guys hand some asses out.

Good luck!

Rinaldo · 07-20-2005, 11:09 AM

I am a fan of ALLI's

Rui · 07-20-2005, 11:11 AM

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

Topbuxom Lea · 07-20-2005, 11:14 AM

Quote:

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

NETbilling · 07-20-2005, 11:19 AM

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

JFK · 07-20-2005, 11:41 AM

Quote:

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

Cash · 07-20-2005, 12:14 PM

I wish you all the best!

Topbucks rocks!

xxxjay · 07-20-2005, 12:31 PM

I know Ali won't put up with spammers...stick it to 'em Lee!

Topbuxom Lea · 07-20-2005, 12:40 PM

Quote:

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

boner 2.0 · 07-20-2005, 12:54 PM

the only bad f-word is FTC

JFK · 07-20-2005, 05:18 PM

Quote:

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

Spunky · 07-20-2005, 05:22 PM

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

Theo · 07-20-2005, 05:26 PM

glad to see TB not settling

Vitasoy · 07-20-2005, 06:09 PM

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

tony286 · 07-20-2005, 06:15 PM

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.

robfantasy · 07-20-2005, 06:15 PM

fucking government crooks, makes me sick to my stomach

MichaelP · 07-20-2005, 06:16 PM

"""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

B2BwithJoeD · 07-20-2005, 06:27 PM

Any support we can provide - you've always got it...

XPays · 07-20-2005, 06:31 PM

if anyone can get the law overturned it is you. best of luck with your defense!

KRL · 07-20-2005, 06:34 PM

Good luck!

Topbuxom Lea · 07-20-2005, 07:47 PM

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

AlienQ - BANNED FOR LIFE · 07-20-2005, 08:11 PM

Sorry your going to loose.

NichePay_Manny · 07-20-2005, 08:43 PM

Good luck to you guys . .

lagwagon · 07-20-2005, 08:46 PM

Good Luck!!

07-20-2005, 09:43 AM	#1
Topbuxom Lea Confirmed User Join Date: Feb 2004 Posts: 1,313	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

07-20-2005, 09:45 AM	#2
xclusive Too lazy to set a custom title Join Date: Apr 2004 Location: Buffalo, NY Posts: 35,218	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 /

07-20-2005, 09:45 AM	#3
Jman Too lazy to set a custom title Industry Role: Join Date: Sep 2003 Location: Canuckstikan Posts: 22,768	http://ftc.gov/opa/2005/07/alrsweep.htm WOW!!! __________________ email: [email protected] Best AI Affiliate Program We also do WL at $0.00 upfront costs FantasyXXX.AI Teams: jean.francois.laverdiere TG: @jman1216

07-20-2005, 09:46 AM	#4
TheDoc Too lazy to set a custom title Industry Role: Join Date: Jul 2001 Location: Currently Incognito Posts: 13,827	Nice.. Cyberheat is always on top of the game... __________________ ~TheDoc - ICQ7765825 It's all disambiguation

07-20-2005, 09:49 AM	#5
eroswebmaster March 1st, 2003 Join Date: Jul 2001 Location: Seat 4 @ Venetian Poker Room Posts: 20,295	Good luck. __________________ For rent - ICQ 127-027-910 Click here for more details

07-20-2005, 09:51 AM	#6
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,482	Good luck, where others may have found it easier to settle, its nice to see some people fighting back. WG __________________ I play with Google.

07-20-2005, 09:57 AM	#7
WWC-Jon Registered User Join Date: Feb 2005 Location: ca Posts: 297	Nice work topbucks! Good luck I am sure you will prevail!

07-20-2005, 09:58 AM	#8
The Adult Broker Confirmed User Join Date: Dec 2004 Location: The World Posts: 5,265	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] \| The Mobile Broker \| themobilebroker.com \| [email protected] \|-Adult's ONE stop MOBILE shop ICQ: 289567792

07-20-2005, 10:07 AM	#10
TheGoldenChild Confirmed User Join Date: May 2002 Location: Pacific Palisades Posts: 6,940	All the best to you guys- Topbucks.com is __________________

07-20-2005, 10:16 AM	#11
Tala Fucked if I know Join Date: Dec 2002 Location: Do you have a flag? Posts: 23,368	All my best folks. __________________ ICQ: 11120676 \| Google: mindcrime \| Skype: suitemindcrime\|E-Mail: mindcrime AT gmail.com\|PR girl with great writing skills for hire!!!! Contact me to work for YOU!\|TECHIEMEDIA? 24/7 support from some of the best techs in the biz. Tell Jim that I sent you.

07-20-2005, 10:25 AM	#12
TheSenator Too lazy to set a custom title Industry Role: Join Date: Feb 2003 Location: NJ Posts: 13,336	thread is bookmarked..... __________________ ISeekGirls.com since 2005

07-20-2005, 10:28 AM	#13
sherie Confirmed User Join Date: Feb 2002 Posts: 7,020	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

07-20-2005, 10:31 AM	#14
Thurbs The Thrilla in Manila Join Date: Sep 2004 Location: Thurbs' Lagoon, Christmas Island Posts: 4,785	sorry to hear about that good luck

07-20-2005, 10:33 AM	#15
Steve Confirmed User Join Date: Feb 2001 Location: USA Posts: 6,894	good luck, it sounds like an over zealous attempt to generate income at the expense of the online adult industry

07-20-2005, 10:33 AM	#16
Series Confirmed User Join Date: Jul 2004 Location: Ontario, Canada Posts: 946	Seriously, good luck

07-20-2005, 10:37 AM	#17
nojob The Original NoJob Join Date: Feb 2004 Location: Jerzzey Posts: 3,682	Good luck. I am sorry to hear about this.

07-20-2005, 10:53 AM	#21
tranza ICQ: 197-556-237 Join Date: Jun 2003 Location: BRASIL !!! Posts: 57,559	Did you guys pay anything to them? __________________ I'm just a newbie.

07-20-2005, 10:53 AM	#22
JFK FUBAR the ORIGINATOR Industry Role: Join Date: Jan 2002 Location: FUBARLAND Posts: 67,374	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

07-20-2005, 11:03 AM	#24
Platinum Dave Confirmed User Join Date: Mar 2001 Location: Toronto Posts: 2,441	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. __________________ Check out Adult Rental - Only Pay Per Signup VOD!

07-20-2005, 11:05 AM	#26
Dalai lama Strength and Honor Join Date: Jul 2004 Location: Europe Posts: 16,540	Good luck Topbucks __________________ A program you can trust. Gallerybooster Run multiply TGPs of 1 script

07-20-2005, 11:08 AM	#27
BradM Confirmed User Join Date: Dec 2003 Location: 1123,6536,5231 Posts: 3,397	I hope you guys hand some asses out. Good luck!

07-20-2005, 11:09 AM	#28
Rinaldo Confirmed User Join Date: Sep 2003 Location: South Florida Posts: 5,086	I am a fan of ALLI's

07-20-2005, 11:11 AM	#29
Rui web Join Date: Dec 2001 Location: On icq: 85-483-060 Posts: 9,533	Wasn't expecting nothing else from you guys, btw Lee need to talk to you about something "i'm cooking" ;)

07-20-2005, 11:19 AM	#31
NETbilling Confirmed User Industry Role: Join Date: Jan 2002 Location: Huntington Beach, CA Posts: 8,584	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!

07-20-2005, 12:14 PM	#33
Cash Click on my TCG signature Join Date: Feb 2002 Posts: 20,825	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!

07-20-2005, 12:31 PM	#34
xxxjay Tube groupie. Industry Role: Join Date: Aug 2002 Location: LoScandalous, CA Posts: 13,482	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/

07-20-2005, 12:54 PM	#36
boner 2.0 Too lazy to set a custom title Join Date: Jul 2004 Posts: 10,970	the only bad f-word is FTC __________________

07-20-2005, 05:22 PM	#38
Spunky I need a beer Industry Role: Join Date: Jun 2002 Location: ♠ Toiletville ♠ Posts: 133,944	Sounds like a royal pain in the ass..Hopefully it will work out in the end __________________ *YOUR INFORMATION HERE*

07-20-2005, 05:26 PM	#39
Theo HAL 9000 Industry Role: Join Date: May 2001 Posts: 34,515	glad to see TB not settling

07-20-2005, 06:09 PM	#40
Vitasoy GFY HALL OF FAME DAMMIT!!! Join Date: Oct 2003 Posts: 58,202	I'm sure you guys will prevail... Topbucks rocks. __________________ [email protected]

07-20-2005, 06:15 PM	#41
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	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.

07-20-2005, 06:15 PM	#42
robfantasy Confirmed User Industry Role: Join Date: Jun 2002 Location: Medellin, Colombia Posts: 6,445	fucking government crooks, makes me sick to my stomach __________________ Looking to speak w/ high volume nutra CPA affiliates or networks... msg me

07-20-2005, 06:16 PM	#43
MichaelP Registered User Industry Role: Join Date: Aug 2003 Location: QWEBEC Corporate Office Posts: 7,124	"""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 at 06:18 PM..

07-20-2005, 06:27 PM	#44
B2BwithJoeD Confirmed User Industry Role: Join Date: Apr 2004 Location: PayoutMag.com Posts: 1,390	Any support we can provide - you've always got it... __________________ BLOG IT! How Will You Spend Your 2014 Profits? - PayoutMag.com Ask me About - Unique Processing and Marketing Solutions - Your Only Risk Is More Revenue!

07-20-2005, 06:31 PM	#45
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