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| Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. | 
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			 Confirmed User 
			
		
			
				
			
			
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				Topbucks injunction and settlement, what to do???
			 
			Did any of you get the email from Topbucks about the court injunction? 
		
	
		
		
		
		
			I got one and wow....I'm kind of lost about it. I mean, I don't know about signing an injunction that had nothing to do with me. That seems like I'm volunteering to include myself in a case that has nothing to do with me. I think I will need a lawyer just to figure out if signing it somehow makes me liable if another affiliate does something stupid. I wasn't aware that I was a "party" in any action and I never heard of a "non-party" signing an injucntion. I can see signing a contract with Topbucks agreeing not to spam, but I need more input about signing anything else. 
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		 i feel ya. Im curios to hear what some of the legal minds have to say. 
		
	
		
		
		
		
			
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	No doubt one may quote history to support any cause, as the devil quotes scripture. -- Learned Hand http://www.bjpenn.com  | 
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			 Doing the grind since 99 
			
		
			
				
			
			
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		 I just receive it as well. I haven't had a chance to look into it yet. It appears that we have to agree to specific terms in regards to Can Spam however the way its worded is a bit confusing for those of us that don't speak legal talk. 
		
	
		
		
		
		
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		#4 | |
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			 Confirmed User 
			
		
			
				
			
			
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		 Quote: 
	
 It only takes one webmaster to commit an act and violate the injuction and the "major party" then becomes liable. I don't want to make myself part of the "major party". 
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		#5 | 
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			 Let's do some business! 
			
		
			
				
			
			
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		 I was thinking it's more like an agreement stating that you will not violate those terms as an affiliate... my take was the FTC wanted every affiliate making that statement. 
		
	
		
		
		
		
			
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		#6 | |
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			 Confirmed User 
			
		
			
				
			
			
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		 Quote: 
	
 of service. An injunction implies that someone spammed and is now agreeing to a court order to stop. I never spammed so the court order is not directed at me so why should I sign it like I spammed and agree to quit? Seems to me that the affiliates who spammed should be getting the court order and signing it and not me. 
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		#7 | 
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			 GFY's Halfpint 
			
		
			
				
			
			
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		 Yep i got one to  
		
	
		
		
		
		
			
		
		
		
		
	
	I think its all about agreeing to this "In shorter terms, your signature on the Acknowledgment verifies that you have read the Order and you agree to comply with the Order, the Adult Labeling Rule, and the CAN-SPAM Act. Because TopBucks prohibits solicited or unsolicited email campaigns, compliance with the Order should be basically a non-issue to you." So I guess if you dont use spam email you should be ok. Im not to sure what the adult labeling rule means though, unless it means having a warning page.  | 
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		#8 | 
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			 Yes that IS me. Bitch. 
			
		
			
			
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		 25 page injunction 
		
	
		
		
		
		
		
	
	http://www.ftc.gov/os/caselist/05230...forperminj.pdf  | 
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		#9 | |
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			 Yes that IS me. Bitch. 
			
		
			
			
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		 Quote: 
	
 Info on that http://a257.g.akamaitech.net/7/257/2...16cfr316.4.pdf  | 
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		#10 | 
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			 GFY's Halfpint 
			
		
			
				
			
			
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		 Thanks, I dont use email campaigns thats why I wasent sure what it meant 
		
	
		
		
		
		
			
		
		
		
		
	
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			 Confirmed User 
			
		
			
				
			
			
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		 Quote: 
	
 
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		#12 | 
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			 Jägermeister Test Pilot 
			
		
			
				
			
			
			Industry Role:  
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				Location: NORCAL 
				
				
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		 Our government really is clueless, isn't it?  
		
	
		
		
		
		
			Seems to me like they want a list of ponographers.... 
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		#13 | |
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			 GFY's Halfpint 
			
		
			
				
			
			
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		 Quote: 
	
 http://news.bbc.co.uk/1/hi/programme...ht/7362673.stm  | 
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		#14 | 
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			 GFY's Halfpint 
			
		
			
				
			
			
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		 Yep I understand where you are coming from. I havent signed it yet either even though I dont use email as a promotion tool 
		
	
		
		
		
		
			
		
		
		
		
	
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		#15 | 
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			 So Fucking Banned 
			
		
			
			
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		#16 | 
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		 Isn't part of the signing up process already agreeing not to spam as covered by the TOS? 
		
	
		
		
		
		
			
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		#17 | 
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			 Icq: 14420613 
			
		
			
				
			
			
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		 good luck getting people to sign. 
		
	
		
		
		
		
			i dont mail never have but i wont be signing shit. does not matter tho i dont remember when the last time i sent them any sales was LOL 
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		#18 | |
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			 FUBAR the ORIGINATOR 
			
		
			
				
			
			
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		 Quote: 
	
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		#19 | 
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			 Confirmed User 
			
		
			
			
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		 I seem to remember something about payment delays if one did not sign it. 
		
	
		
		
		
		
		
	
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		#20 | 
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			 Too lazy to set a custom title 
			
		
			
			
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		 I didnt get any email about it probably because my email that I used for TopBucks is no longer working, but... when I want to check stats it asks me to agree with that.... 
		
	
		
		
		
		
			
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	I don't use ICQ anymore.  | 
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		#21 | 
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			 Confirmed User 
			
		
			
			
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		 I got it also. 
		
	
		
		
		
		
		
	
	After 11 years online all i have to say is FUCK IT !!!! If it can't work it out without signing up this thingo, Chow baby Same goes for web hosts asking to signup something and fax it back.  | 
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		#22 | 
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			 lol 
			
		
			
				
			
			
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		 holy shit 
		
	
		
		
		
		
		
	
	sign my ass  | 
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		#23 | 
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			 GFY HALL OF FAME DAMMIT!!! 
			
		
			
				
			
			
			Join Date: Jan 2002 
				Location: that 504 
				
				
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		 me no like this type of stuff and i do not like my name and signature being "sent to the government" via a xxx corp injunction 
		
	
		
		
		
		
			
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		#24 | 
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			 lol 
			
		
			
				
			
			
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		 what the hell is the Adult Labeling Rule???? 
		
	
		
		
		
		
		
	
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		#25 | 
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			 Confirmed User 
			
		
			
				
			
			
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		 Got it too, but Im not signing shit. 
		
	
		
		
		
		
			
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	My Network Is Waiting For Your Fuckin' Trade!  
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		#26 | |
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			 GFY HALL OF FAME DAMMIT!!! 
			
		
			
				
			
			
			Join Date: Jan 2002 
				Location: that 504 
				
				
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		 Quote: 
	
 Once a law is passed (spam laws have been for awhile now) you cannot get off by using "i didnt know." Signing something to prove you are aware of something is somewhat reaching when it comes to being made aware of laws or legislation... 
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		#27 | 
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			 Confirmed User 
			
		
			
				
			
			
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				Location: Texas / London 
				
				
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		 Don't sign anything with seeking legal advice first. That's what I will do & if advised not to sign I won't... 
		
	
		
		
		
		
			
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		#28 | 
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			 Confirmed User 
			
		
			
			
			Join Date: Feb 2003 
				Location: DeltaHell 
				
				
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		 The only part that bothers me aside from being automatically included in an injunction without prior knowledge or notification - is the fact that one of the requirements is for Topbucks to provide all of your personal info and a record of all payments (including all bank details) sent to you - and that you agree to provide that info as part of signing this - but then the US Govt has always been good about protecting those databases of combined info like that - NOT! 
		
	
		
		
		
		
			
		
		
		
		
	
	I guess Ill just chalk up the outstanding payments as a loss and move on to another sponsor  | 
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		#29 | 
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			 aka Jimmy James 
			
		
			
				
			
			
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		 Really this seems very straight forward and they address it in the letter even... 
		
	
		
		
		
		
			"Because TopBucks prohibits solicited or unsolicited email campaigns, compliance with the Order should be basically a non-issue to you." It doesn't seem they are requesting anything additional or changing any terms in any way. If I am reading correctly, they settled and as part of the agreement were forced to send this out. ![]() 
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		#30 | 
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			 Too lazy to set a custom title 
			
		
			
				
			
			
			Industry Role:  
				Join Date: May 2001 
				Location: My network is hosted at TECHIEMEDIA.net ...Wait, you meant where am *I* located at? Oh... okay, I'm in Winnipeg, Canada. Oops. :) 
				
				
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		 Aside from the dreaded "objectionable signing requirement" thing, I'd like to take this moment to point out what pieces of shit the spammers themselves are. Those affiliates who flout the rules and break laws and piss off the world and the adult industry for their own short-term gain are a cancer in life and on the internet. 
		
	
		
		
		
		
			Those of you spamming assholes out there who caused this I give you a hail and hearty ![]() 
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		#31 | 
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			 aka Jimmy James 
			
		
			
				
			
			
			Industry Role:  
				Join Date: Nov 2006 
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		 also.... 
		
	
		
		
		
		
			"Cyberheat, Inc. fought hard to protect your privacy; therefore, the only information that will be forwarded to the government will be your signed Acknowledgment of the Order. All other personal information provided in the TB admin, will not be forwarded to the government, unless you violate the terms of the Injunction as they apply to you." 
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	Jimmy James   ATKingdom/AMK Empire Since 1996 - My MoviesHome of ATKGirlfriends - Where we take pornstars on trips...and fuck them. Connect with me on LinkedIn  | 
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		#32 | 
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			 Too lazy to set a custom title 
			
		
			
				
			
			
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				Join Date: Mar 2003 
				Location: Homeless 
				
				
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		 Sounds about right. But im sure someone like Ma - - - X will pop up and give it to them. 
		
	
		
		
		
		
			
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		#33 | 
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			 Confirmed User 
			
		
			
			
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				Location: Café del Mar 
				
				
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		 aren't online signatures worthless anyway? 
		
	
		
		
		
		
		
	
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		#34 | 
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			 Too lazy to set a custom title 
			
		
			
				
			
			
			Industry Role:  
				Join Date: Mar 2003 
				Location: Homeless 
				
				
					Posts: 62,911
				 
				
				
				
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		 Ever heard of the digital signature act. 
		
	
		
		
		
		
			I dont think that it has ever been enforced, but by typing your name to the contract, it is digitally signed, and accepted as real. 
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	PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com | Angeles Cid | Mariana Cordoba | MAILERS WELCOME!  | 
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		#35 | 
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		 If you 'provide' the Government  with "the only information that will be forwarded to the government will be your signed Acknowledgment of the Order".... ie: my name.. I'm pretty sure those fuckers could figure out who I am, and where I am.... um... no thanks! 
		
	
		
		
		
		
			
		
		
		
		
	
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		#36 | 
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			 ICQ: 197-556-237 
			
		
			
			
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				Location: BRASIL !!! 
				
				
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		 That's EXACTLY the same feeling I got. 
		
	
		
		
		
		
			I wonder if I have to sign that injunction too, even though I'm not in the US. ![]() 
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		#37 | 
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			Join Date: Aug 2001 
				
				
				
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		 Why should I sign that? Seems very wrong... 
		
	
		
		
		
		
		
	
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		#38 | |
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			 Confirmed User 
			
		
			
				
			
			
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				Join Date: Mar 2007 
				
				
				
					Posts: 7,771
				 
				
				
				
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		 Quote: 
	
 It's the whole thing about signing something that looks like a court procedure that I had nothing to do with. I didn't agree to shit. ![]() I don't know the fine print, I might have to blow Dick Chenney if another affiliate spams. 
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		#39 | |
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			 Confirmed User 
			
		
			
				
			
			
			Join Date: Jul 2001 
				Location: http://www.topbucks.com 
				
				
					Posts: 2,068
				 
				
				
				
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		 Quote: 
	
 TopBucks does not allow the use of e-mail marketing to promote our sites and we have not for several years so this is really a non-issue since none of our webmasters use e-mail marketing to promote our sites. ~Alli 
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	Allison President TopBucks.com| PinkVisual.com| [email protected] Follow Me on Twitter: http://www.twitter.com/PV_Alli ICQ: 120353154 Check out PVLocker.com  
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		#40 | 
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			 Too lazy to set a custom title 
			
		
			
				
			
			
			Industry Role:  
				Join Date: May 2001 
				Location: My network is hosted at TECHIEMEDIA.net ...Wait, you meant where am *I* located at? Oh... okay, I'm in Winnipeg, Canada. Oops. :) 
				
				
					Posts: 51,460
				 
				
				
				
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		 Reads to me like you are merely acknowledging the rules and agreeing to follow them, like a re-affirmation of their TOS. 
		
	
		
		
		
		
			No biggie, I signed it. 
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	Promote Wildmatch, ImLive, Sexier.com, and more!! ![]() ALWAYS THE HIGHEST PAYOUTS: Big Bux/ImLive SIGNUP ON NOW!!! ![]() Put some PUSSYCA$H in your pocket. ICQ me at: 31024634  | 
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		#41 | 
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			 Confirmed User 
			
		
			
			
			Join Date: Dec 2003 
				Location: 1123,6536,5231 
				
				
					Posts: 3,397
				 
				
				
				
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		 I won't be signing shit. I've never sent them a hit with my account - never got around to it. I don't have any part in this and want nothing to do with it. Not going to include myself in some government DB somewhere and when coming back from intl travel have my name come up as a smut peddler or something. 
		
	
		
		
		
		
		
	
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		#42 | 
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			 MFBA 
			
		
			
			
			Industry Role:  
				Join Date: Mar 2003 
				Location: PNW 
				
				
					Posts: 7,230
				 
				
				
				
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		 and soulcash won the same fucking lawsuit... hahaha. topbucks shouldnt have dropped their council. 
		
	
		
		
		
		
		
	
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		#43 | |
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			 Confirmed User 
			
		
			
				
			
			
			Join Date: Jul 2001 
				Location: http://www.topbucks.com 
				
				
					Posts: 2,068
				 
				
				
				
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		 Quote: 
	
 ~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  
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		#44 | |
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			 Confirmed User 
			
		
			
				
			
			
			Join Date: Jul 2001 
				Location: http://www.topbucks.com 
				
				
					Posts: 2,068
				 
				
				
				
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		 Quote: 
	
 Like the 4 other companies before us (Bangbros, Pimproll, adultpaymaster, adultplayersclub), we made the business decision to settle as it was in best interest for our webmasters, our company, and our employees. Additionally, we negotiated even more privacy protection. ~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  
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		#45 | 
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			 Hall Of Fame 
			
		
			
				
			
			
			Industry Role:  
				Join Date: Jan 2001 
				Location: Portland Oregon USA 
				
				
					Posts: 34,415
				 
				
				
				
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		 Im glad im not the only one who thought this the moment I heard of it. 
		
	
		
		
		
		
			
				__________________ 
		
		
		
		
	
	Industry Hall Of Fame Legend Mike Jones Bow to the Power - Still BP4L http://gfyawards.com/hall-of-fame Learn about it kids.  | 
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		#46 | 
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			 So Fucking Banned 
			
		
			
			
			Join Date: Aug 2001 
				Location: Old Skool GFY Negro 
				
				
					Posts: 2,308
				 
				
				
				
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		 Hey, if I dont sign it can I still spam? 
		
	
		
		
		
		
		
	
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		#47 | 
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			 Guest 
			
		
			
			
			
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		#48 | |
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			 Confirmed User 
			
		
			
				
			
			
			Join Date: Jul 2001 
				Location: http://www.topbucks.com 
				
				
					Posts: 2,068
				 
				
				
				
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		 Quote: 
	
 ~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  
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		#49 | 
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			 Damn Right I Kiss Ass! 
			
		
			
			
			Industry Role:  
				Join Date: Dec 2003 
				Location: Cowtown, USA 
				
				
					Posts: 32,422
				 
				
				
				
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		 I don't see anywhere that I am supposed to sign something and send it back. 
		
	
		
		
		
		
		
	
	I see nothing in my admin about this Injunction. You stated in your Email that you made it really easy and yet none of us have a fucking clue what you are talking about. So how about spelling it out here. What fucking buttons do I click to get to this fucking thing?  | 
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		#50 | 
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			 Damn Right I Kiss Ass! 
			
		
			
			
			Industry Role:  
				Join Date: Dec 2003 
				Location: Cowtown, USA 
				
				
					Posts: 32,422
				 
				
				
				
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		 OK... now it shows in my admin.. I received this Email yesterday and it didn't then. 
		
	
		
		
		
		
		
	
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