here - The Legacy Sunbelt Software Blog

05/11/2005
15:27
PAGE
HOTBAR.COM
212-550-8953
~~/
~O~
HOT~~-
HOTBAR
Sunbelt Software
101N. GardenAve, Suite 120,
Clearwater,FL 33755
U.S.A.
Re:
May 10, 2005
BY FAX & MAIL
Fax: 727-562-5199
WITHOUT PREJUDICE
Infiingement of Rights - Your Detectionof Hotbar as spyware/adware
Dear SirlMadam.
I am approachingyou in connectionwith the followingurgent matter:
Hotbar.com,Inc. ("Hotbar") is a New Yorkbased internet company. Hotbar has
developedand has been operating a wide variety of internet tools. The flagship amongst
I-fotbar'svariety of internet tools are Hotbar browser toolbar and e-mail toolbar, which
are added onto Microsoft Internet Explorer and Microsoft Outlook and enhancethe
surfingand e-mail usage experiences,as well as a comparativeshoppingtool which
providesthe user with a unique comparativeshoppingexperience (collectively:"Hotbar's
Software").
Hotbar highly regards the protection of the privacy of its users. Accordingly, Hotbar'~
Softwarewas designed in a manner which does not enable it to link between any
personallyidentifiableinfounation which may have been voluntarily provided by thel1ser
(such as name, e-mail address, etc.) and the user's IP address and suding habits, whiG::1
are kept separately without a cross-referencefield. Accordingly,the aggregated
anonymousinformation collected on the user's surfinghabits (Le.the domain name of
the websiteis visiting) serves for the sole purpose of enabling Hotbar to present the mer
with contextuallyrelevant infortrl.ation(such as the dynamic buttons on the toolbar,
contextuallyrelated ads, etc.).
Rotbar also provides its users with explicit explanationson the servicesoffered by the
Hotbar software and the methods of data collectionconductedby Rotbar, which enable it
to provide its contextual related services. For that end, unlike other companies, in
addition to detailed explanations on Rotbar's softwarein Hotbar's Privacy Policy and
EULA, during the installation process Hotbar also dedicatesa special screen which
explains to the user about its softwareand allowsthe user to choose between the ad~fn:e
premium version of I-lotbar's Softwareand the free ad-supportedversion. According!:r.
Hotbi'H,COI11,
Inc.
2:!6 West
37th
Street,
New
York.
NY 10018
e
H ~hbliJle:.(~;?d.ri.I), 818~C'O71J!1!,6 F~~~213}7560589~3~11 el1'lt1~M,:Yr~lOI@,h<W:lJran.CKQT1I
If>.I.712-8(',-1-0700
FC1X:
212-560..8933
~:n'CJil:info(f.!)hQtbor'.ccm
01/03
05/11/2005
PAGE
HOTBAR.COM
212-560-8953
16:27
~~/
~0~
HOTB~J"'
~([)~
HOTBAR
the userprovides a full conscious consentto each and every aspect of Hotbar Software.
Moreover,should a user choose to use the free ad-supportedversion of Hotbar's Software
and, thereafter;wishes to stop receivingpop-ups,he/she can easily disable the displayof
pop-upson his computer from the Hotbar preferenceswithin the Hotbar browsertoolbar.
As explainedin great detail above, Hotbar is a respectable companywith the most strict
privacy practices available. Indeed, Hotbar's privacypractices are certified by TRUSTe.
Moreover,the most prestigious and popular anti-spywareprograms in the industry do not
detectHotba1.".Thus, for example,to name the leadingprograms, Microsoft Anti
Spywa..e, Lavasoft's Ad-Awa...e,Spyware Doctor, Mcafee, Panda and Fortinet do not
detect it, and many others are also in the process ofjohJing them.
Hotbarhas learnt that the anti-spywaresoftwareand/or website you have developed,
operateand/or distribute detects Hotbar's Softwareor portions thereof as an lmdesirable
spywarefadwareprogram. Moreover, among others, you also detect SmartShopper(the
proprietarycomparativeshoppingtool of Hotbar, which doesn't serve any popups) as
spyware/adware.
By misrepresentingHotbar's Softwareas spywatefadwareor any other kind of
undesirablesoftware, you cause Hotbar severeand irreparabledamages and, aJJ1.ong
others, cause ilTeparabledamage to Hotbar's goodwill,dilute and tarnish the trademark
Hotbar, interferewith Hotbar's contractualrelationswith its users, distribute libelous
statementson Hotbar's Software amongstinternet users and make fraudulent
misrepresentationswhich scare users and cause them to uninstall Hotbar's Software(cr to
refTainfrom installing it in the first place).
Hotbar will not tolerate the irreparabledamages which it sustains as a result of your
activities,and demands that you immediatelyact as follows:
(1)
Cease and refrain from referring to any of Hotbar's Software as "spyware",
"adware" or any other nickname for an undesirableprogram in any manner
whatsoever, and delete Hotbar from any programs and/or website you operate,
develop or distribute which list programswhich are regarded as spyware, adware
or any other kind of undesirableprograms and/or causethe deletion of such
programs from the user's computer.
(2)
Cease and refrain from providing users with any kind of warning with respectt,)
Hotbar's Software, such as warningsrepresentingHotbar's Software as a
spyware,adware or any other kind of undesirable software, including but not
limited to warnings representingHotbar's Softwareas a "low risk"
Hotbar.('.OIl1,
Inc.
27.6 west
37th
Street,
New York,
NY 100.1.8
H 'p'lnbt~la-;.((2J.21),819:-1::07~Q,6FMM~.::a12)7S60Sa9SJ3~llel"l!1~lW: Yrtfp@,hG-ttJ'ar!.()(U11Ip,
8811-0700
Fax:
7.12-~60..89S3
p'r.loil:iIlFo(!:j..'hOlbur.r:om
Tc!:~:l7.
02/03
05/11/2005
16:27
PAGE
HOTBAR.COM
212-560-8953
\.~f
~O~
HOT
Ii.~",-
HOTBAR
spyware/adwaresoftware, and from solicitingusers in any other manner to
uninstall or refrain from installingor using Hotbar's Software.
(3)
Cease and refrain from distributing libelousstatementsabout Hotbar and from
any other activities which infringe, dilute or tarnish the trademark Hotbar
(includingbut not limited to using the trademark Hotbar in your website's me1ta
tags or promoting your website by using the trademark Hotbar in any other
manner).
(4)
Cease and refrain from distributionand/or operation of any software and/or
website, particularly anti-spywaresoftwareand/or website, whose features do not
comply with the demands set forth in section(1), (2) an.d(3) above or,
alternatively,update the configurationsof any anti-spywate software or websi~:e
alreadydistributed and/or operatedby yourselfto end users so that it confonn~:
with sections (1), (2) and (3) above.
(5)
CompensateHotbar for the damages you have caused it at an amount which will
be agreed by Hotbar. Hotbar will determinethe amount of damages you should
pay to it in accordancewith the scope of your infringing activities and yout
compliancewith tbjs letter.
You are demandedto comply with the abovewithin 7 days from the date hereof. Plea;e
note that Hotbar vigorously enforces its rights and has already taken legal action against
some anti-spywarecompanies. As indicatedabove, Hotbar is detennined to protect it~
rights and cannot continue to suffer the irreparabledamages you cause it. Therefore,
unless you promptly comply with the demands set forth in this letter, Hotbar will
eventually be forced to take legal action againstyou, Obviously, all costs and
consequencesof such legal action will be home exclusivelyby you.
J look forwardto hearing from you as soon as possible.
Yours sincerely,
Oren Dobronsky, CEO
Hotbar.com~
Hotb8r.com,
HP,~t;1Ii!JE!.:o(~rl21},
1(0:1
712-H;=J4
)nc.
226
west
37th
Street,
818;~t.Q7:IDQ.6r:.\YIJ<~~21~)/$60')a951:3~.teAi1~IJ,:
OiOO
New York,
NY 1,0018
1r1i/[:\@,h<N:t1an.()COT\1
H
Fax: 7.1'.2-SbO-8'?53 !;rnoil:info@hotbrn.(.()m
03/03