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COLUMBUS, Ohio, May 6 /PRNewswire/ -- CompuServe (Nasdaq:CSRV) and Cyber
Promotions, through a consent agreement, will petition the U.S. District
Court for the Southern District of Ohio to enter an order accepting that
consent agreement. The order would prohibit Cyber Promotions from sending
any unsolicited e-mail to CompuServe subscribers. The order would also
require Cyber Promotions to prohibit any of its customers from sending
unsolicited e-mail to CompuServe subscribers. Violators will be disclosed
to CompuServe and could have their accounts with Cyber Promotions canceled
and face possible legal action by CompuServe. Cyber Promotions will also
pay $65,000 to CompuServe for legal fees incurred in obtaining the order
and will also be liable for pre-determined damages to CompuServe if Cyber
Promotions violates the order. Furthermore, CompuServe members who choose
to receive e-mail from Cyber Promotions will do so under controlled
procedures designed to ensure that only those subscribers who ask to
receive Cyber Promotions' messages will receive them. Cyber Promotions
will be permitted to purchase advertising on CompuServe describing its
commercial message service to CompuServe subscribers. Such purchases may
be used to partially offset Cyber Promotions payment of CompuServe's legal
fees.
``CompuServe has taken an industry leadership position in combating
unsolicited e-mail on behalf of all online/Internet users,'' said Denny
Matteucci, president of Interactive Services for CompuServe. ``This
precedent-setting victory will be cited in future cases by other access
providers in the ongoing industry war on unsolicited e-mail. Most online
subscribers do not want unsolicited e-mail and we're responding to those
members' concerns to preserve both their time and money.''
CompuServe won a temporary restraining order (TRO) against Cyber
Promotions in October, 1996, to prevent it from configuring its
unsolicited e-mail messages to appear as though they were being sent from
a CompuServe computer. The final consent order makes this permanent. In
February, 1997, the TRO was extended to a preliminary injunction
additionally prohibiting Cyber Promotions from sending any unsolicited
e-mail to any CompuServe e-mail address, which is also made permanent
under the final consent order.
Founded in 1969, CompuServe Incorporated provides the world's most
comprehensive online/Internet access through its two brands CompuServe
Interactive and SPRYNET. Through CompuServe, its Japanese licensee
NIFTYSERVE and its affiliates around the world, more than 5 million home
and business users in more than 185 countries are connected online and to
the Internet. CompuServe Network Services manages complex global data
communications environments for more than 1,000 corporate customers. With
world headquarters in Columbus, Ohio, the CompuServe organization includes
offices in Reading; Munich; Utrecht, Zurich and Paris.
SOURCE: CompuServe, Incorporated
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