In 2008, Cyberheat, Inc. ("Cyberheat") announced the settlement of a case filed in 2005 against Cyberheat on behalf of the Federal Trade Commission ("FTC") pursuant to CAN-SPAM. In that lawsuit, the government claimed that Cyberheat should be liable for the unauthorized acts of several rogue affiliates who instigated e-mail campaigns in violation of their respective agreements with Cyberheat and/or its related companies. The settlement, which took the form of a negotiated order of permanent injunction (the "Order"), was an outright victory for Cyberheat, especially in relation to concessions demanded and obtained by Cyberheat regarding webmaster privacy and in relation to a precedent-setting opinion from the court limiting the liability of industry-related companies for the unauthorized acts of its contractors. The primary going-forward requirements of the settlement require little more than compliance with CAN-SPAM and its related regulations. (This is a non-factor, insofar as Cyberheat has been and is in full compliance.) The settlement does include several logistical requirements, including acknowledgement of the Order's requirements by Cyberheat-related webmasters and employees and the maintenance of certain webmaster-related information by Cyberheat.

Click here for a copy of the injunction.

In accordance with the settlement agreement, Cyberheat provides herewith your copy of the Order. Upon receipt, Cyberheat asks that you complete and return the acknowledgement below.

ACKNOWLEDGEMENT

I have received and reviewed a copy of the Order. I agree to comply with the terms set forth herein, all applicable federal and state laws, including CAN-SPAM, the Adult Labeling Rule, and the provisions of the Order. I further agree to create, maintain and retain records and documents that demonstrate my compliance with the Order.
(Sign below by typing your name.)