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]

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.

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

WOW!!!

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

Good luck.

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

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

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

I aplaud Topbucks for that also! Fight for whats Right! :thumbsup

All the best to you guys-
Topbucks.com is :thumbsup

All my best folks. :thumbsup

thread is bookmarked.....

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!

sorry to hear about that :( good luck

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

Seriously, good luck

Good luck. I am sorry to hear about this.

"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

Good luck on this ! See ya in Miami :)

Did you guys pay anything to them?

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

Agreed 100%.

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.

No.

~Alli

Good luck Topbucks :thumbsup

I hope you guys hand some asses out. :)
Good luck!

I am a fan of ALLI's

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

No we have not paid anything. This is bound to be a long, drawn out process and we're ready for the long haul :winkwink:

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

Good for you Lee, stick to your guns :thumbsup :thumbsup

I wish you all the best! :) Topbucks rocks!

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 :1orglaugh

the only bad f-word is FTC :321GFY

Oh you're such a bully :1orglaugh

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

glad to see TB not settling

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

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.

fucking government crooks, makes me sick to my stomach

"""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 :thumbsup

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

Well, Another reason to love Apple :)

:disgust

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

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

Good luck!

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

Sorry your going to loose.

Good luck to you guys . .

Good Luck!!