penaties, per - Hypertouch® Inc.

Transcription

Case: 1:10-cv-00367 Document #: 1-4 Filed: 01/19/10 Page 1 of 30 PageID #:31
Case 2:08-cv-01711-MMM-RZ Document 1
Filed 03/13/2008 Page 1 of 34
FILED
1 ~HOMAS P. 0' BRIEN
?n~p.~~~n i3 P1'12:~3
United States Attorney
2 LEE WEIDMA
. ... ~;' :' 1-. _.; ~.;: T
~ssistant United States Attorney
3 Chief, Civil Division
GARY PLESSMAN
4 ~ssistant United States Attorney
Chief, Civil Fraud Section
5 Çalifornia State Bar No. 101233
Room 7516, Federal Building
( (" _,-, ~ l~
L. '~; .'
-~. , ---,._-~----
6 300 North Los Angeles Street
Los Angeles, California, 90012
7 Telephone: (213) 894-2474
Facsimile: (213) 894-2380
8 Email: gary .plessman@usdoj . gov
9 ~ttorneys for Plaintiff United States of America
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UNITE STATES DISTRCT COURT
CEN DISTRCT OF CAIFORNIA
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12 UNITED STATES OF AMCA,
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- . C V 0 8 - 0 1 7 1 1M Pw~ ~ (niX)
Case No.
Plai.ntiff,
v.
COMLANT FOR CIVL
PENATIES, PER
VAUECLICK, INC.,
16 HI-SPEED MEDIA, INC., and
E-BAYLN, INC.,
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INJUCTION, AN OTHE
EQUITABLE RELIEF
Defendats.
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19 Plaintiff, the United States of America, acting upon
20 notification and authorization to the Attorney General by the
21 lFederal Trade Commission ("FTC" or "Commission"), pursuant to
22 ¡Section 16(a) (1) of the Federal Trade Commission Act ("FTC Act"),
23 ~5 U.S.C. § 56(a) (1), for its complaint alleges:
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1.
Plaintiff brings this action under Sections 5 (a) ,
25 5 (m) (1) (A), 13 (b), 16 (a) and 19 of the FTC Act, 15 U.S.C.
26 ~§ 45 (a), 45 (m) (1) (A), 53 (b), 56 (a), and 57b, and under Section
27 r (a) of the Controlling the Assault of Non-Solicited Pornography
28 and Marketing Act of 2003 ("CAN-SPAM" or the "CAN-SPAM Act"),
Complaint
Page i of 18
Filed 03/13/2008 Page 2 of 34
15 U.S.C. § 7706(a), to obtain monetary civil penalties, a
permanent injunction, and other equitable relief for defendants'
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violations of Section Sea) of the FTC Act, 15 u.s.c. § 45(a), and
Section 5(a) of CAN-SPAM, 15 U.S.C. § 7704 (a).
JUSDICTION AN VE
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2.
This Court has subject matter jurisdiction over this
6 matter pursuant to 28 U. S. C. §§ 1331, 1337 (a), 1345, and 1355 and
15 U.S.C. §§ 45(m)(1)(A), 53(b), 56(a) and 57b.
This action
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arises under 15 U.S.C. §§ 45(a) and 7706(a).
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3.
Venue is proper in this District under 28 U. S. C.
§§ 1391(b) and (c), 1395(a), and 15 U.S.C. § 53(b).
DEFEANS
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4.
Defendant ValueClick, Inc. ("ValueClick") is a Delaware
corporation with its principal office or place of business at
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30699 Russell Ranch Road, Suite 250, Westlake Village, CA 91361.
ValueClick resides in the Central District of California and
transacts business within this District and throughout the United
States.
ValueClick directs, formulates and controls the practice
of, and shares common officership with, the other named
Defendants, which are wholly-owned subsidiaries of ValueClick.
5.
Defendant Hi-Speed Media, Inc. ("Hi-Speed Media") is a
California corporation with its principal office or place of
business at 30699 Russell Ranch Road, Suite 250, Westlake Village,
CA 91361.
Hi-Speed Media resides in the Central District of
California and transacts business within this District and
throughout the United States.
6.
Defendant E-Babylon, Inc. ("E-Babylon") is a California
corporation with its principal office or place of business at
30699 Russell Ranch Road, Suite 250, Westlake Village, CA 91361.
Complaint
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Filed 03/13/2008 Page 3 of 34
E-Babylon resides in the Central District of California and
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transacts
States.
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business
business within this District and throughout the United
Defendant ValueClick operates its lead generation
through its wholly-owned subsidiary Hi -Speed Media. Lea
generation is the process by which ValueClick connects consumers
to advertisers seeking to sell goods or services.
operates or controls, either directly or through other
subsidiaries, a variety of websi tes including GenerousGenie. com
and Gi veAwayCafe. com.
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Defendant ValueClick also operates under
the names ValueClick Media and PriceRunner USA.
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.Since July 2004, Defendants have formulated, directed,
controlled, or participated in the acts and practices set forth i
this complaint.
DEFINITIONS
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Hi -Speed Media
9.
"Electronic mail message" (or "eml") means a messag
sent to a unique email address.
15 U.S.C. § 7702(6).
10. "Electronic mail address" means a destination, commonl
expressed as a string of characters, consisting of a unique use
name or mailbox (coIIonly referred to as the "local part") and
reference to an Internet domain (commonly referred to as the "domai
part"), whether or not displayed, to which an email message can b
sent or delivered.
15 U.S.C. § 7702 (5) .
11. "Comercial electronic mal message" means any email
message the primary purpose of which is the cOIIercial
advertise~ent or promotion of a commercial product or service
(including the content on an Internet website operated for
cOIIercial purposes).
15 U.S.C. § 7702(2).
12. "Initiate," when used with respect to a commercial emai
Complaint
Page 3 of 18
Filed 03/13/2008 Page 4 of 34
message, means to originate or transmit such message or to procur
the origination or transmission of such message. 15 U. S. C
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§ 7702 (9).
13. "Lading page" means, in online marketing, a specific we
page that a visitor reaches after clicking a link or advertisement
This page usually showcases content that is an extension of the lin
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or ad.
14. "Procure, U when used with respect to the initiation of
commercial email message, means intentionally to payor provid
other consideration to, or induce, another person to initiate suc
a message on one's behalf. 15 U.S.C. § 7702(12).
15. _"Protected computer" means a computer which is used i
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interstate or foreign commerce or communication, including
computer located outside the United States that is used in a manne
that affects interstate or foreign commerce or communication of th
United States. 15 U.S.C. § 7702(13); 18 U.S.C. § 1030(e) (2) (B).
16. "Senderu means a person who initiates a commercial emai
message and whose product, service, or Internet website is
advertised or promoted by the message. 15 U. S. C. § 7702 (16) .
DEFEANS VAUECLICK'S AN HI-SPEED MEIA'S
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MATING PRACTICES
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17. Since January 2005, and continuing to the present,
Defendants ValueClick and Hi-Speed Media (hereinafter, "the lead
generation Defendants"), in connection with promotions and
advertisements on their websi tes, have offered consumers
purportedly free merchandise, such as iPods, laptop computers, an
Visa gift cards.
18. The lead generation Defendants advertise and market
their offers through email and Web-based ads. The lead generatio
Complaint
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Filed 03/13/2008 Page 5 of 34
Defendants' emails contain subject lines such as: "Free PS3 for
survey"; "let us buy you a 42 inch plasma tv! Just type in your
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zip code"; "we're gi ving away a Visa gift card pending
participation in our presidential survey"; and "Free Apple iPhone
for Daniel." The lead generation Defendants' Web-based ads
contain similar representations: "CONGRATULATIONS! Select your
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FREE Plasma TV." (Such products and items are referred to herein
as "promised free merchandise.")
19. Many of the lead generation Defendants' emails and Webbased ads represent, expressly or by implication, that the
consumer viewing the message has won a contest, or has been
specially.selected to receive a gift or prize.
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20. The lead generation Defendants' emails and Web-based ad
contain links that, when clicked on, take one to a "landing page"
operated by the lead generation Defendants or their affiliates.
Each landing page recapitulates and expands upon the lead
generation Defendants' initial promised free merchandise offer.
21. The lead generation Defendants do not clearly and
conspicuously disclose that to obtain the promised free
merchandise one must incur expenses or other obligations. A
consumer must accept (and often pay for) - in the lead generation
Defendants' parlance, "complete" or "participate in" - a certain
number of goods or services promoted by third-parties to qualify
for the promised free merchandise that the lead generation
Defendants promote in their emails and Web-based ads. Moreover,
the lead generation Defendants do not clearly and conspicuously
disclose the costs and obligations associated with participating
in third-party promotions, such as applying and qualifying for
credi t cards or automobile loans.
Complaint
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Filed 03/13/2008 Page 6 of 34
22. On each landing page, the lead generation Defendants
request the consumer to enter his or her email address, followed
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by his or her name and mailing address. Once the consumer has
submitted his or her personal information, the lead generation
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Defendants lead the consumer through a series of web pages
containing advertisements for various goods and services from
third parties. Unbeknownst to the consumer, this is only an
introductory tier of "optional" advertisements and offers, after
which are three additional tiers of offers that the consumer will
have to navigate before he or she can qualify for the promised
free merchandise. "Optional" offers do not qualify the consumer
for the p~omised free merchandise.
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23. After the consumer navigates the lead generation
Defendants' "optional promotions" - often so multitudinous as to
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take up scores of consecutive computer screens, each with multipl
offers - he or she eventually reaches a link that, when clicked,
takes the consumer to the first of three tiers of offers in which
the consumer must participate to obtain the promised free
merchandise.
24. The lead generation Defendants group the tiers of offer
that qualify the consumer for the promised free merchandise into
three categories: Silver, Gold, and Platinum. In each category,
there are numerous offers. The lead generation Defendants requir
the consumer to "participate in" multiple offers from each
category to obtain the promised free merchandise.
25. Clicking on each offer reveals what the consumer must d
to "participate in" the offer. In some cases, "participating in"
an offer entails paying money or incurring some other detriment,
such as qualifying and applying for credit cards. The lead
Complaint
Page 6 of 18
Filed 03/13/2008 Page 7 of 34
generation Defendants require the consumer to participate in
mul tiple offers before he or she can progress to the next tier of
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offers.
26. Some of the offers have free-trial periods, but require
the consumer to participate for a minimum period of time to
qualify for the lead generation Defendants' promised free
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merchandise thereby causing consumers to incur costs they cannot
recover. In some instances, the minimum period is longer than th
free-trial period. Moreover, many such offers contain negative
option components in which the consumer who does not cancel wi thi
the free trial period will be billed automatically.
27. In some instances, the lead generation Defendants
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require the consumer to solicit up to five friends to participate
in the lead generation Defendants' program as a condition to
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awarding the consumer with the promised free merchandise. If all
the friends do not complete all of their required offers, the lea
generation Defendants do not award the consumer with the promised
free merchandise.
28. In many instances, the consumer stops trying to qualify
for the lead generation Defendants' promised free merchandise,
either because of the cost involved or the time and effort
required. Al though the consumer has expended money or incurred
other obligations in pursuit of the lead generation Defendants'
promised free merchandise, because he or she has not completed al
of the lead generation Defendants' required third-party
promotions, the consumer does not receive the promised free
merchandise.
29. In most instances, it is impossible for the consumer to
qualify for the lead generation Defendants' promised free
Complaint
Page 7 of 18
Filed 03/13/2008 Page 8 of 34
merchandise without spending money.
DEFEANS 'VUECLICK'S AN HI-SPEED MEIA'S
EML PRTICES
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30. Since at least January 1, 2005, and continuing to the
present, the lead generation Defendants have initiated the
transmission of commercial email messages to protected computers.
The primary purpose of these commercial email messages has been
the commercial advertisement or promotion of Internet websi tes
operated for a commercial purpose by the lead generation
Defendants.
31. The lead generation Defendants are "initiators" with
respect t~ an email message when they have either originated or
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transmitted a message themselves or have procured the origination
or transmission of a message through payments or other
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consideration, or inducements, to others.
32. The lead generation Defendants are "senders" with
respect to an email message when they have initiated a message an
it is the lead generation Defendants' websites that are being
advertised or promoted by such message.
33. In numerous instances, to induce consumers to open and
read their commercial emails, the lead generation Defendants have
initiated commercial email messages that contain subject headers
that misrepresent the content or subject matter of the message,
including, but not limited to, false representations that
consumers have been specially selected to receive free products a
services.
DEFEANS VAUECLICK' S, aI-SPEED MEDIA'S. AN E-BAYLN'S
PRACTICES REGAING INmmTION SECUTY AN SENSITIV CUSTOM
FINACIA INFORMTION
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Complaint
Page 8 of 18
Filed 03/13/2008 Page 9 of 34
34. Since at least 2004, Defendant ValueClick, and its
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wholly-owned subsidiary, Defendant Hi-Speed Media, have marketed
~nd sold consumer products through the Internet at the following
sites ("HSM sites"), which together form the ValueClick E-Commerc
Network: HotProductOutlet. com, InkBl vd. com, Jevene. com (now known
as Oasiderm. com), Life-visage. com, and Yourinkstation. com.
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35. In June 2005, in order to expand its online business,
Defendant ValueClick acquired as a wholly-owned subsidiary
Defendant E-Babylon, an e-commerce company that marketed and sold
printer accessories such as ink jet and toner cartridges.
Defendant ValueClick added E-Babylon's e-commerce business to the
existing ai-Speed Media business and the associated websi tes to
the ValueClick E-Commerce Network. As a result, Defendants
ValueClick, Hi-Speed Media, and E-Babylon marketed and sold
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consumer products through the following addi tional sites acquired
with Defendant E-Babylon ("E-Babylon sites"): OOInkJet. com,
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007 inkj ets. com, l11inkj ets. com, 123digi talpcs. com, 123inkj ets. com,
123LaserToner. com, 411InkJets. com, 4YourInkPrinter. com,
911InkJets. com, ABClnkJets. com, DiscoverInk. com,
FreeCartridges. com, Happylnks. com, IdirectShopping. com,
Ink2All. com, InkJet4 Sale. com, InkJetBroker. com, InkJetOrder. com,
MaxInkJets. com, OrderMylnk. com, OutofInk. com, PetersInkJets. com,
ProlnkJets. com, SpectrumInks. com, and WhenUPrint. com.
36. In order to make purchases from any of these websites,
consumers must pay using a credit or debit card. To complete
these transactions, consumers must provide personal information,
including the consumer's first and last name, billing address,
shipping address, phone numer, fax numer, email address,
password, order identification number, credit card number, and
Complaint
Page 9 of 18
Filed 03/13/2008 Page 10 of 34
credit card expiration date. Defendants ValueClick, Hi-Speed
Media, and E-Babylon store this information within databases that
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support or connect to the websi tes.
37. In addition to these types of information, Defendants'
HSM sites and some of the E-Babylon sites also collected and
retained in databases the three-digit credit card verification
codes ("CVV2 codes") provided by consumers in order to complete
transactions on these websi tes.
CVV2 codes, which are printed on
the back of the cards, are particularly sensitive because they ar
used to verify credit card transactions when the cards are not
present, such as in online or telephone transactions.
Possession
of CVV2 cqde information would make it significantly easier for
identity thieves to use stolen credit card information for
fraudulent purchases.
38. Since July 2004, Defendants ValueClick and Hi-Speed
Media have disseminated or have caused to be disseminated a
privacy policy on the HSM sites, including but not necessarily
limited to the attached Exhibit A, containing the following
statements:
The ValueClick Network employs industry standard
security measures to ensure the security of all data.
Any data that is stored on ValueClick's servers is
treated as proprietary and confidential and is not
available to the public. ValueClick also encrypts
sensitive information such as passwords and financial
data. ValueClick has an internal security policy with
respect to the confidentiality of customer and other
data, allowing access only to those employees or third
parties who need to know such information for the
purpose of effecti vely delivering ValueClick products
and services by means of user login and password
requirements. The ValueClick Network routinely
evaluates its data security practices to identify
security threats or opportunities for improvement.
(Exhibit A, www.inkblvd.com Privacy Policy, July 7,
2004 )
39. From the time of the acquisition of Defendant E- Babylon
Complaint
Page 10 of 18
Filed 03/13/2008 Page 11 of 34
until July 26, 2006, Defendants ValueClick, Hi-Speed Media, and E
Babylon disseminated or caused to be disseminated a privacy polic
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on the E-Babylon sites, including but not necessarily limited to
the attached Exhibit B, containing the following statements:
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At our site you can be assured that your Personally
Identifiable Information is secure, consistent with
current industry standards. ... In addition, your
Personally Identifiable Information resides on a secure
server that only selected key personnel and contractors
have access to via password. We encrypt your
Personally Identifiable Information and thereby prevent
unauthorized parties from viewing such information when
it is transmitted to us. (Exhibit B,
www.123inkjets.com Privacy Policy)
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40. On July 26, 2006, Defendants ValueClick, Hi-Speed Media,
and E-Babylon amended the privacy policies on the E-Babylon sites
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to make them identical to the privacy policies on the HSM sites,
with the same statements regarding security and encryption as are
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is
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described in Paragraph 39.
41. From at least July 2004 to November 2006 for the HSM
sites, and from the acquisition of E-Babylon to November 2006 for
the E-Babylon sites, Defendants ValueClick, Hi-Speed Media, and E
Babylon did not encrypt sensitive information consistent with
industry standards.
Instead, Defendants stored sensi ti ve custome
information collected through the HSM sites in a database without
any encryption, and Defendants stored sensitive customer
information collected through the E-Babylon sites in a database
using a nonstandard, proprietary form of encryption.
This latter
form of encryption did not use the type of extensively-tested
algorithms found in industry-standard systems, but instead
utilized a simple alphabetic substitution system that was subject
to significant vulnerabilities.
42. Between at least June 2005 and late 2006, the E-Babylon
Complaint
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Filed 03/13/2008 Page 12 of 34
sites were vulnerable to commonly known or reasonably foreseeable
attacks from third parties attempting to obtain access to custome
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information stored in Defp.ndants' databases, including but not
limited to, web-based application attacks such as "Structured
Query Language" (SQL) injection attacks. Such attacks occur when
an attacker enters certain characters or commands in the address
(or URL) bar of a standard web browser in order to manipulate a
web application and thereby gain access to information contained
in databases supporting the application. Here, the vulnerability
affected databases containing consumer credit card information
submitted to E-Babylon sites, which was maintained in a nonsecure
form. During the relevant period, SQL injection attacks were a
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well-known and well-publicized form of hacking attack, and
solutions to prevent such attacks were readily-available and
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inexpensi ve.
VIOLATIONS OF THE FTC ACT
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43. As set forth below, Defendants have violated Section
5 (a) of the FTC Act in connection with advertising, offering,
marketing, and promoting of advertised offers.
COUN I
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44. Through the means described in Paragraphs 17-29,
Defendants ValueClick and Hi-Speed Media have represented,
expressly or by implication, that Defendants ValueClick's and HiSpeed Media's advertised offers are without cost or obligation.
45. Defendants ValueClick and Hi-Speed Media have failed to
disclose or to disclose adequately to consumers the material term
and conditions of their program, including:
a. that consumers must pay money or other
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consideration to participate in Defendants
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Complaint
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Filed 03/13/2008 Page 13 of 34
ValueClick's and Hi-Speed Media's program; and
b. the costs and obligations for participating in
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Defendants ValueClick's and Hi-Speed Media's
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program.
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46. As a result of the representation set forth in Paragrap
44, Defendants ValueClick's and Hi-Speed Media's failure to
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disclose or to disclose adequately the material information set
forth in Paragraph 45 is deceptive, and violates Section 5 (a) of
the FTC Act, 15 u. S. c. § 45 (a) .
COUN II
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Defendant~ ValueClick, Hi-Speed Media, and E-Babylon have
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represented, expressly or by implication, that they encrypt the
sensitive information they collect through their websites
consistent with industry standards.
48. In truth and in fact, these Defendants have not
encrypted the sensi ti ve information they collect through their
websi tes consistent with industry standards. In particular,
Defendants ValueClick and Hi-Speed Media did not encrypt sensitiv
customer information for customers making purchases on HSM sites,
and Defendants ValueClick, Hi-Speed Media, and E-Babylon encrypte
sensitive customer information for customers making purchases on
E-Babylon sites using only an insecure form of alphabetic
substitution that is not consistent with, and less protective
than, industry-standard encryption. Therefore, the representatio
set forth, in Paragraph 47 was false or misleading and constituted
a deceptive act or practice in violation of Section 5 (a) of the
FTC Act, i 5 u. S . C. § 45 (a) .
COUN III
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Complaint
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Defendants ValueClick, Hi-Speed Media, and E-Babylon have
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represented, expressly or by implication, that they implemented
reasonable and appropriate measures to protect against
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unauthorized access to the sensi ti ve personal information they
obtained from customers.
SO. In truth and in fact, these Defendants did not implemen
reasonable and appropriate measu~es to protect against
unauthorized access to the sensitive personal information they
obtained from customers.
In particular, the E-Babylon sites of
Defendants ValueClick, Hi-Speed Media, and E-Babylon and the
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associateq databases were vulnerable to a commonly known and
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reasonably foreseeable type of attack known as an SQL injection,
which, if exploited, would have allowed access by unauthorized
indi viduals to sensi ti ve customer financial information.
Moreover, because this information was stored without effective
encryption, it was particularly vulnerable to compromise.
Therefore, the representation set forth in Paragraph 49 was false
or misleading and constituted a deceptive act or practice in
violation of Section Sea) of the FTC Act, 15 U.S.c. § 4S(a).
VIOLAION OF THE CA-SPAM ACT
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51. The CAN-SPAM Act, 15 U.S.C. § 7701 et ~., became
effecti ve on January 1, 2004, and has since remained in full forc
and effect.
52. Section Sea) (2) of CAN-SPAM, 15 U.S.C. § 7704(a) (2),
states:
It is unlawful for any person to initiate the
transmission, to a protected computer, of a
commercial electronic mail message, if such
person has actual knowledge, or knowledge
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fairly implied on the basis of obj ecti ve
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Complaint
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Filed 03/13/2008 Page 15 of 34
circumstances, that a subject heading of the
message would be likely to mislead a
recipient, acting reasonably under the
circumstances, about a material fact regarding
the contents or subject matter of the message
(consistent with the criteria used in
enforcement of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45)).
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4 53. Section 7(e) of CAN-SPAM, 15 U.S~C. § 7706(e), states
5 that in any action to enforce compliance through an injunction
6 with Section 5 (a) (2) and other specified sections of CAN-SPAM, th
7 FTC need not allege or prove the state of mind required by such
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9 54. Section 7 (a) of the CAN-SPAM Act states:
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(T) his Act shaii be enforced by the (FTC) as
if the violation of this Act were an unfair or
-deceptive act or practice proscribed under
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section 18 (a) (1) (B) of the (FTC Act) (15
U.S.C.57a(a)(1)(B)).
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COUN IV
14 55. Through the means described in Paragraphs 30-33,
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Defendants ValueClick and Hi-Speed Media have initiated the
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transmission, to protected computers, of commercial email message
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that contained subj ect headings that would be likely to mislead a
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recipient, acting reasonably under the circumstances, about a
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material fact regarding the contents or subject matter of the
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message.
21 56. Therefore, Defendants ValueClick's and Hi-Speed Media's
22 acts or practices violate Section S(a) (2) of CAN-SPAM, 15 U.S.C.
23 § 7704 (a) (2) .
24 CONSUM INJUY
25 57. Consumers throughout the United States have been injure
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27 injunctive relief by this Court, Defendants are likely to continu
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Complaint
Page 15 of 18
Filed 03/13/2008 Page 16 of 34
to injure consumers and to harm the public interest.
THIS COURT'S POWR TO GRA REIEF
1
2
SR.
Section 13(b) of the FTC Act, 15 U.S.C. § 53(b),
3 empowers this Court to grant injunctive and other ancillary relie
to prevent and remedy any violation of any provision of law
4
enforced by the FTC.
5
6 59. Section SCm) (1) (A) of the FTC Act, 15 U.S.C.
7
8
9
10
§ 45 (m) (1) (A), as modified by Section 4 of the Federal Civil
Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461, as
amended, and as implemented by 16 C. F. R. § 1.98 (d) (2007),
authorizes this Court to award monetary civil penalties of not
11 more than .$11,000 for each violation of CAN-SPAM. Defendants
ValueClick's and Hi-Speed Media's violations of CAN-SPAM were
12
13
committed with the knowledge required by Section 5 (m) (1) (A) of th
14 FTC Act, 15 U.S.C. § 45(m) (1) (A).
15
16
60. This Court, in the exercise of its equitable
jurisdiction, may award ancillary relief to remedy injury caused
17 by Defendants' violations of CAN-SPAM and the FTC Act.
PRAYE FOR REIEF
18
19
20
21
22
23
24
25
26
27
28
WHEREFORE, Plaintiff requests that this Court, as authorized
by Sections 5 (a), 5 (m) (1) (A), 13 (b) and 19 of the FTC Act,
15 U.S.C. §§ 45(a), 4S(m)(I)(A), S3(b), and S7b, and
pursuant to
its own equitable powers:
1. Enter judgment against Defendants and in favor of
Plaintiff for each violation alleged in this complaint;
2. Award Plaintiff monetary civil penal ties from Defendant
ValueClick and Hi-Speed Media for every violation of CAN-SPAM;
3. Award Plaintiff such relief as the Court finds necessar
to redress injury to consumers resulting from Defendants'
Complaint
Page 16 of 18
Filed 03/13/2008 Page 17 of 34
violations of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a),
including, but not limited to, rescission of contracts,
1
2
restitution, the refund of monies paid, and the disgorgement of
ill-gotten monies;
3
4
4. Enter a permanent injunction to prevent future
violations of the FTC Act and CAN-SPAM by Defendants;
5
6
7
8
S. Order Defendants to pay the costs of this action; and
6. Award Plaintiff such other and addi tiona! relief as the
Court may determine to be just and proper.
9
10
11
12
J3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Complaint
Page 17 of 18
Dated: ~4 t'$. , 2008
Respect fully submitted,
OF COUNSEL:
FOR THE UNITED STATES OF AMERICA
JEFFREY S. BUCHOLTZ
Acting Assistant Attorney General
Civil Division
U. S. DEPARTMENT OF JUSTICE
1
2
3
4
5
6
7
8
9
10
11
12
13
Filed 03113/2008 Page 18 of 34
LOIS C. GREISMA
Associate Director for
,Marketing Practices
FEDERAL TRADE COMMISSION
THOMAS P. 0' BRIEN
Uni ted States Attorney
JOEL WINSTON
LEE WEIDMA
Assistant United States Attorney
Associate Director for
Privacy and Identity
Protection
Chief , Civil Division
GÊŠN
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FEDERAL TRADE COMMISSION
Stephen L. Cohen
Ethan Arenson
Burke W. Kappler
Attorneys
Federal Trade Commission
600 Pennsylvania Ave., N.W.,
Washington, DC 20580
PHONE: 202-326-3222; 326-
2204; 326-2043
FAX: 202-326-3395; 326-3768
~ sistant U. S. Attorney
Chief, Civil Fraud Section
California State Bar No. 101233
Room 7516, Federal Building
300 North Los Angeles Street
Los Angeles, California, 90012
Telephone: (213) 894-2474
Facsimile: (213) 894-2380
Email: gary. plessman@usdoj . gov
EUGENE M. THIROLF
Director,
14
KENNETH L. JOST
Deputy Director,
Office of onsumer Litigation
15
16
17
W. BURKE
T al Attorney
18
o fice of Consumer Litigation
U. S. Department of Justice
P.O. Box 386
Washington, D.C. 20044
PHONE: 202-353-2001
19
20
FAX: 202-514 -87 42
josh. burke@usdoj . gov
21
22
23
24
25
26
27
28
Complaint
Page 18 of 18
Case 2:08-cv-01711-MMM-RZ Document 1 Filed 03/13/2008 Page 19 of 34
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with Inlormat'on from other sources.
purposes, suth as inllyzng ind miniglng our buslnei or combIne the Information we hive glthere about you
tnnSaetlons antere Into by you on the SIt!. We "50 miy us. YOur personil rnrormltlon fo Intemil busIness
reuest, to customize your experence on the Site, ind to contct you when necessary In connecIon wIth
The ViiluiiC/lcl( Networ/ may use your pn fo cuomer seilce, to provIde you wIth Inrormlltlon that you miy
or emllatlons; triide unIon membershIp or sex lire.
rèuest 0' co/l-iet detl regiirdlng meclcVlealt COnditions; raclil or ethnic: o,lgln; øolltlill, rellOloul or ""lløoplilcl beiiet
Inrormaiioii. Th/s Informtin.. uJe to PII!I YOUr Order ind Wi Qnno do so "nhout It. 1l ViilueCIIGk NetwOrk wm neve,
an O'der wllh " VIIUICIlIc Netork Sb, YOU ""'ii liked to Ø/'Vle your .nme, iddre.., zIp ctde, 8~11 edd/'u and blUlno
TI Viluec/ck Network slles ire designed to olrr In~met conum wIth i variety 0' viilulble PIuet. Whe YOU pllce
A. Personally Identln.blt Inform.tlon (PU).
I. lNFOIll'IAnON we COLLECT: INDIVIDUAL INTERNET CONSUMERS
Indl"'duii privacy,
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Is essentl;:l to the growth and prsperity or the Internet; second, th.t a pèl'onlllzed Web experience cin provIde
SIgnifcant beneftts to Internet end U.ers " done prope. In accordince WIth these bellers, the Viiliieaiclt
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STATEMl'NT OF RESPONSIBLE ONUNe MARKEnNG
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ind other a'J"~ementsj or protect the right, prpert, or safety 0' VllutClltk or other. This Includes exchinglng
ipproprl.'e ti, resond to i subpoena or otlelwlse comply wit thiriw; enroree or apply our IIi:GøiJl
The ValulCII, k Network may release iccunt a~d iny other 'peßO~1 Inrormatlon when we believe riiiise Is
reorginlziltlon. or liquIdation or lIny 0' the VllueCllck Network compinles. WhIle ValueOlck strongly encoutlges
clients lind polrtners to adopt responsIble ippracies to online marletlng, ValueCllck Is not responsible for the
informatliin priictlces 0' clients or theIr parters. The toleCton, use, and diSclosure oI'lnformlitlon by clients and
partners ~rt !;ubJed tD theIr respecte prilCY POlicies, which may differ from VlluIiO/ck', policy.
programs or in connecon with the sill', merger, cosolidation, change In control, trans'er of substantlil isset,
sources) ..Ith advertisers, third part mirketers, our amllited entitIes for theIr online and/or amIne mirketng
The ValueCllck NetWork may miire PU (including Infonnltlon thlt has been enhanced with In'ormat/on frm other
Integrtty lind quality of that In'ormatlon.
.dentinible Infonnlt/on wIth dllta collected from other sources, we wm take reasonible steps to maintain the
other Soi'rcos In in eftrt to ensure that the messigei being sent to the consumer In onlln. indlor omlne
mirketlng prl3grams ire relevant to theIr Intere. In the event we enhance andlor mere such personally
have opttod.lii to receIve marketing communications with commercallY-llvallable third party dati colled (rom
The Vl/ucCllck Network and/or our mirletlng pirters miv enhance indlor merge PIl iibout consumers who
of In(ormaiioii P,ovld.d by ValueCllck.
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II. irIFORr~ATION SHARING
website triiffc reporting ditl iS long iS miv be rusonibly necessiry for iccountlng ind audIting purpse.
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you rern to our .Ite.
For eaCh \'ISlt"r to our webslti, our Web sirvir iiutomitllly recgnIze. only the VISitor'. ip IddrelS. We u.e your
to track yaur shoppIng cart lind ,.tiii yor Infol1tln lind prer_nc. when.
we isslgn nth visitor a unique ID tIlt Is USed to trck visItor trmc: pitterns withIn our webSite. We ilso collect
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Identitler t.J lh.. ind user's Inteei browiir. Cokies lire ,mii" datil "'et colinlv used on til Jit.me to help optlmlze lind
personlllZli the Internet end use, experi lind identif ,.peiit vlJllOrs to websltes. For eltimple, Coles enllb/i "llueCllck
Whin you vlsli. a VatulCllck Netork site, WI! sind II Cookie and/or glf nle ("COokies') to IllIn In iinonymous, unique
B. Non-Personally Ident/nabli Informlt/on (PIl).
the "llueCllc:k Network ind selected thIrd pllrtes we thInk you would be Interested In.
. Unless yo\l till us not to, we miy usi YOur Øerñinformltln to contlct you Ibout O"irs or promotion. from
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V. CONSENT AND CHANGeS
informiitlon you transmit to us. You iicknowlecge and assume this risk when communIcatIng wIth i VlIlUICI'ck
Network company.
unlëlwfully. While we stIVe to protec your PII, Valueciick cannot ensure or wirrnt the security of iny
piirtles not under the control of Valueolck to Intercept or accss transmISSIons or prlvite communIcations
No trinsmlsslon of data Over the Intemet /s guiiranteed to be completely SeCure. It may bi possble for thIrd
routInely llV;Jlulites It. ditl security practces to ldentll' securtty threits or OØportunltles for Improvemet.
V.luGeiic!: pr:)ducts lind services by mHns or uier login ind PISSWOrd requirements. Thi ValueCllck Network
tIl1t is stor~d.on VllueOlck's servers Is treated IS proprletiry lind conßdintlaland Is not aVillIable to the public.
. ValueClIcI: II~o ençrpts senSItiVe Informiitlon such IS passYfrds lind nnanclal data. VllueCllck has in Interniil
SeCllrity poi:c:i with respect to the conndentlaiity or customer and other data, allowing iccess only to those
employen or third partes who have ii need to know such Information for the purpose of effectively delivering
The Valul'C/lclt Nltwork empoys Industry stndlrd security meiisures to ensure the securlty of iII dlta. Any dlti
'l, SECUr.in'.
ind deletIons wil not chiinge or delete Infomat/on iiirldy collected is plrt of a plrtlculir trinsaeton.
communIcations frm the Valueoick Network wil chinge or delete the data only In our dltebise for purposes of
trnslletln; luture buslneis on our sitlS ind for managIng fure communIcations frm InkBlvd. These changes
customersel'vlce4!inkBlvd.com. Chinglnv or deleting your Informltion or otherwIse optlng.out of receIpt of
ftter suspicious date. You may chinge, corre or update your Information by email by contaetng
The VllueÇllck Netor use. softare and third-part sources to vahdlte the accuracy of PJJ proVIded andlor
do thIs.
by changIng a s~ttng In your Internet browser. Pliise see your browser supplier's website for detill. on how to
The Cookll! WI use do not have in .opt-out" OptiOn, yet you stli hive the option of bloclcng the use of cookla
PU under more thin one email iecount, you must submit separate unsubscrIbe requests from each account.
removed iintl;ely frm OUt email list and wIU no longer receive olrer frm us. if you hliVI registered or submitted
by Iillng thii unsubscrtbe optIon withIn iiny promotional olrer. In compliance with the CAN-SPAM Act, you wil be
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transactons provIded by this Site; ind (II) that such use by Ink8lvd shan be subject to the terms and conditions
You icknowledoe tt'at InkBlvd operates In the United State and igree to CI) permit InkBlvd to transmIt and use
your User Inrormltlon anywher necessary, IncludIng icross Intemitlonal boundirles, to affec the services ind
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cau!õed some confusIon for consumers In opting out. The table below clarifies which opt-out meanism you
consumers 10 unsubsalbe from future emill. about the advertser. Although not requIre to by law, nuny emill
mir!;eters also Indude in opt-out mechinlsm to enible consumers to be removed rrom theIr mailng list. ThIs has
Please note that under the CA-SPAM Act, in advertser Is requIred to proIde in opt-out mechinlsm tor
2003 (15 U,S.C. § 77!Jl); It Is our policy to ProhIbit the iending of unsolicIted or "Spam" emill by ValuecUck or
any of Its marketing Plrters.
The VlilutCliek Network Is committed to proper Intrnet practice ind full compllince with the CAN-SPAM Act of
web slti. ii"!~se contict PrlvlcylDInkBlvd.com to hive them removed.
YOur child has provided the VllueCllck Network wIth any persnally Identillebl. data by reglstertng at a ViJueCllcJc
dlre'ted at children. Our policy Is not to p.i'mlt anyoni Under the age of 13 to do busIness with us. If you believe
prlvilCY of eMdren using th. Internet. ValueClck'l web Iltl" prOCuct, ind Slrvlces iri not developed ror or
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\f. CHIlt'Ret. '5 PIUVACY ANO SPAM
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otherwise riwulred by IIW, modltltlon. to thl. PrlviCY Policy wil not i'fect the privicy of dati colictid by
iwore of the Informitlon we collect how we use It, ind under whit drcumstlnces we dlsclosi It. Except ii
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For 110re Inl'ormltlOn or '' you have questions or COncerns reglre'n; the ValueCllc: Network Prlvicy Policy, pleise
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per~onil dati you supply to InkBlvd with regird to: Ca) the purposes for which sud! thIrd pirty'S data hi, been
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CO;:DITOlIS OF THIS PRIVACY POLICY ÀND OUR.IBM AN CONDmQtJ (INCLUDING LlMlTATJONS ON DAMAES,
ANO ARBI:'R,-\TION OF DISPUTéi). you AGREE THAT INI(BLVD'$ UABIUT FOR ANY BlEACH OF THiS PRVACY POLICY
SHl.I, L BE L111TF.O TO THE VALUe OF THE TRNSAONS OA SERVICES PROVIDfD TO YOU BY IN/(BLVD TO THe fXENT
5U::1I Cl:~ IS IIOT OTJERWIS,e ØARRED BY OUl TERMS AND CONDmQNS.
you UNr'E~STAND AND AGREE THAT ANY DISPUTE OVER PRIVACY is SUBJECT TO THE teRMS AND
ix, tIMIT!ITcOtJ OF LIABIlI, THIRO PARTY INFORMATION" LANGUAGE
http://nei workadvertlslng.orgf.
'data we collect, how we use them, and why the use of dita cin benent consumer's
expi)rlenc~ oiillne. For mOre Informitlon ibout th Network Advertising Allince pleise go to
eXplanatlcn cr whit
network advertisers committed to IncreasIng consumer conftdence ind contrIbuting to the growth or electron,c
commercl!. We, iiang wIth other members of the NAl, ire comm1tte,d to provIdIng consumers wIth i clear
Valu~C"Ck. Inc. Is a member of the tietwork Advertsing Inltlltlve C"NAl"). The NA Ii i group of thIrd Plrty
Vl1, NETWORK ADVERTISING INmATIVe
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Case 2:08-cv-01711-MMM-RZ Document 1 Filed 03/13/2008 Page 25 of 34
EXHmITB
Case 2:08-cv-01711-MMM-RZ
Document 1
Filed 03/13/2008
Page 26 of 34
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.About U~ ~Your Orde~ ~Shipplng & Guann~ ~POliciel ~Payment & rnguirie4 (FAQI~
r=
rr=iyour Privacy Rights
This Priva Policy dilose the prva prce for 123inet,com weite and various relat service (together
refer to as the site). As the provier of tlis, we are committed to protecüng your privacy oRline. In . niit.hdl
our privacy polic states that we wi neYer reL, sell or leae your _an addres to anyone without your
penin. So, please red the biCurmatlon below to lem the Collowing rerdiiig your lIe DC this site.
I 23injet.co ha parer wit thrd pares to offer olDcutoma" an Site viitors a vaety of
proucts
serce. Odi thao as set foi herin we will not seU or lea you emil ad to thir pa advertser
10 an
solicit
yo di, However 123inkjet.co may sh Pernaly ldetifiale Infonnaton (but never your emil addres)
with our niing pan in ord for them to off you additional proct an services thi 123 inkjets.com
believes ma be ofinter to you. Although we only wor with third pa whm we believe to be reputale, OlD
maetng paen may have different priva policies an price th i2Jinkjet.com. We encoure you 10 review
OlD nieting parer' privacy policies to fier wila their proceurs for collecti usin and disclosing your
inomitin. We ar DOt reponsible for th priva prce of ou main paer or any otl third paries, If
you decid th yo would like to disnt reiv protional mals frm thes or any mird panes, plc:e
coiit di ditly.
Should yo wish to chae yo prefe regain the inrmon tb yo reive fr 123injels.com or its
aflia or would prefer tl - not sha your Perally Idetifile hioiion wilb ou mati paer,
ple refer to th pah belo entl 84. Updtiai _nd Correcting blonn_fioa" Plea note tl we Ir not
reible fo et you Peily Idefile lnf'n ttm any third pares with whom we have shre
your infomiii pur to ll te and coditions of Ibis Policy.
You acwledge th this Prva Polic is pan of OlD Sit Ter of
Use, an by
accessing or usin ou site, you
ag to be boun by all of its te and çondtions. If you do no age to thes te plea do noi ii or use th
site.
We rerve th righ to cl th Prva Polic at any tie. Such cles modificaion, addition or deletns
shall be effecve imiaty up noce thf, whch ma be given by me includin, bui not limited to issiii
an emil to th emil addr lied by regitere us an postng the revied Policy on this pa. You acknwlede
and agr th it is your responsibilit 10 mataÙl a vaid email addr as a regisre user, revie th site and th
Policy periodcaly and to be awa of any modifications. You contued us ofdi site af such modification will
constu your (i) acowlceni of the modifie Polic; and (b) ageement 10 abide and be boiud by the modfied
Policy.
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Printe 1nJ Cadg Laer Tone, Ribb ii Inkjei Printe Ca.. file:flÆ:/e20No%20S%20aif.4206IPriler1e201ni020Ca...
1. Ty of Informatioa CoDected
In orer to be prvide yo wi our nuer service, we collec two ty of informon abut our users:
Persy ldefile lnforoii aø Non-Peronally Identifiable Infonon. Our prma goa in collecting
inon from yo is to provid you with a smodi effcient, an cuniiud expeence while using our sire,
Perlly Identile lnformlioii: This refers 10 informtion th leIS us Iaw the speifics of
who you ii. When
you enage in cein iiivities on this sire, suc: as regiser for a mebeip. orerng a prouc or seice,
submitii coniet and/or poin conlen in discion fon or oth public ar. enteri a coiiie or swps,
filin ou a suey. O£ sedin us feba. we may ask you to prvide cena infonatiOl abo youlfby fillin
out and submittng 8l onliiie fonn. It is completly optiona for you 10 elec to enge in di 8Cvities, however, we
may as th you prvide us pena informon, such lI yo firs Il la na maili ad (including zi
job tile Il depaent. telepone an faimile numbe an o1h pe
coe). eml8d emlo,
identify informon. When orderng pruct or seice on ib site, you may be aske to provide a crit ça
numbe. Deding upn the aciviiy, some of
some as voliu. If
th inConnation we ask you to prvide is identfi as mary an
you do DOt prvi the airy dat with rest to a parla acviiy, you wil not be able
to enge ii lhlactivity.
Non-Perlly Identifiable Infortion: This refers to infonnon ih do nol by itslf identify a spific
inividual We ga cena informion aboi you based upon wher you visii Oil our site in severl ways, This
infomion is compiled and anyz on botl a pesonl aid an aggga bais, This äifomwon may inlude th
Web site's Unifonn Resurc Lo (U) th you jusi cae frm, which URL you nex go to, what brwser you
are using, 8ld yo Inteel Prol (I') addr. A URL is the globa adre of documelilS 8ld oter reOWes Oil
th World Wide Web. An IP addr is an idetifier for a computer or device on a TRIisio Control
Pr1lem Prtocl (TCPII) ncrt such as the World Wide Web. Networlc lik the Web us the TCPII
protol to rout infomon ba on the (P add of the deti, In other word, an lP addr is a numbe th
is aiicaly asig to you compte wheve yo ar sug the we. allowin web seer 10 locte uid
ideify you compu. Coer reir IP adse in orer for users to counica Oil th Inleet
1. ColletIa Metliod aad Use of larorm.tion
We: do not colle any Perly Idenifile Infonnation about you unless you voluntaily provide it to lI. You
prvide cein Pernaly Identifible lnfomion to us when you (a) regiser for our seric and regiser you emil
ades with us; (b) enter sweeps or cotets spoored by us or one of our paer; (c) sign up for speia offers
from selec third pares; (d) se eml messaes, sumil fonn or trl other informion by relephoe or Ie:tt
or (e) submit your crit ca or other paymenl information when orering and purhasing pructs and sece on
ou site We may &I collec infonntiOD frm you It oter points on our site that state th su infoation is being
coUecte
In addit we may als colJe or ou thin pa ad seer and/or cotent secc may collec ce Non. Pccsol1y
Idetile Informon. Th inon is ultiely stor iii the: fonn of store categori and, in some caes,
spific URL. We us your (P addr to diose problem wit our servrs soft to adiniste ou site an to
. gatl demgrc infoon, Ou di plr ad seer wil al provide us with sum, but not iDdívidua~
rert dit willlell us bow may ad wer preen an c1ic: upn at out site
We will prily use yo Perly ldentifIble InfonQn to provide our serice to you, as reuired by our
agents wit you. We wilils us Penaly Identifiable Inforon to enhace the option of ou site, fiJI
orders improve ou internal an maeting paers promotional effor statisicaly anlyz siie us, imprve our
prod 8ld seice offer an i:izc our site's conte layout, an seice We may us Perlly
Identiable lnol1on to delier infomion 10 you and to contacl you regading adinistve notice. We may
alo us Personlly Idenfiable Infonon to relve dispte troubleoot problems an enforc our ageeenlS
widi yo iDcluåig ou Site Ter of
Use Saes Term 8ld Conditions, and this Private Policy.
3. Releas ofiDformation
We prvide some of our service diug contal arangemenlS with affliates seices providers pancr and
othr third pares. We (and our seic paer) us your Personally Idetifiable Informion to operaic our site and
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EXHIBIT B
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Filed 03/13/2008
Document 1
Page 28 of 34
Pier Ink Cadges, La Tonrs, Ribbo an Injet Prnte Ca.. fie:IIIE:~Æ.0No"'ii0S%20an%206rinter.l201nk/ii0Ca...
to deliver thir seic. For exle, we mus rele yo crit Cl informi 'on to the cad-is ba to wnf
pint for proct an servce pur on this ;ire; rele your ~ informion to the deliver servce to
deliver produ tl you ordere; an provide your Bddr information to Ihir paes ti mal calo an other
phcal prns; iid provide ord inforaton to thir paes that help us provide Custor seice.
We wil enure our service paer to adpt an po prvacy policies. Hower, the use of
your Peronally
Identifiable Inormon by our sece paier is govered by the priva policies of those service
paers, and is not
IUjec to our wiil
Ocionlly we may be requir by la enorcent or judicial auories to prvide Persooaly Identle
Inonnon to th apprpriat goveenla authrities, We will disclos Pernally Idenifible Informtion upn
reipt of a c: order, subpona or to cope wi a la enforcmet invegaion. We full COpcte with law
enforen agciies in idetif thse wh us our sece for ilegal acvities. We res di right to re to
law enforemen agencies any advities ti we in goo faith believe ro be unlawfL.
We ma also provide Non-Personaly Identifile Informion about our cuomer' sales, tr patts, and related
sito inrm to thir pa adver, bu the sititics do not include any Peronlly Idenfie Inforon.
4. Upd_tüi_nd Corretinilnform_lion
We believe you should have the abilty to acce and edt t1e Pernally Idenfile Infomition th you have
provide to us. You may cbae any of your Pernaly Identifiable Inforon in your acun onlie at any time by
link to your accot in accrdce wi inctioa posted elsere on this sit. If
you prefer, you may
alo
reuet in writiog th we no longer si Periilly Identifiale Informon with our maketig paet. Once we
recive such reuest your inforn will be upd within 7 business days. You may al acs and WlTt your
pena informon and privacy prfenc by wrting us at
123inets.com
2S E. Ea Stee
Sim Valley, CA 9306S
Pleae include your name. ad, anor email addr when you wntact us.
We encoure yo to promptly upat you Persnally Identifiale Infonnation if it chaes, You may ask to have the
infonon on your accunt delete or removed however, beause we kee trk of pas trtions. you caot
delet iiionati asiat with patlRsaeton on this sit. In addition, it may be impible to completely delet
back,
your inforion with some reidl iDformion be of
5. User Choice 00 CoUection _nd Use of Informatin
We may. fr tie to iime, sed you emil reg ou product and seices. Or, at any tie you can upate your
icun iiiomon ro no longer reive suc emlings. Se Section 4 above.
You also have choices widi resp to coie as describe below. By moifg your browser preferece you have
th chice to aCt all cookies, to be noified when a cokie is set, or to rejec all cokie I f you i:os to rejec all
cokies soe pa of our site may no work prpey in your ca.
6. Seurty of IoforaiüoD
At ou site you GI be assure th you Peronaly Identifile Infomilion is sere. consistet with curent indu
sla. The impoi1 of sety for all Peronally rdentifiable InfonnD asociate with ou user is of Ulos
wnce to us. Your Pernally Idefiale Informion is prte in sever ways Acc by you to yo Perlly
Idefiale Inoron is available thgh a pa an wiique cuto ID seleced by you. This pasord is
ente We reen ii yo do Dot divulge your pard to anyo, In addition. your Pernaly Idetiable
infonnllion reides on a seure se th only seleced key pelUel and contrctos have acs to via paword
We encrt your Persally Idetifiable Information and thereby prevet unuthorize paics /Tom viewng such
informtioD wh it is trnstt to us.
Per infonotion th you provide that is not Personally Identifiale Infomiiion als reides on a secur serr
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Prite Jn Cadges, La Tone, Ribbons and Inkjet Prier Ca.. file:IIIE:leqii1é0N~.iOS".iai.i06n~/.iO~/02OCai..
an is only
accible vi passwrd Sinc this informon is not aciblc &o ouaide our compy you will Il be
iied to select a pa in order to view or moifY su infonon.
In order to mos cffcienly sere you, crit ca tntions ind orde fulflmen ar lied by esblisbe thir
par baning, procing igets an disibution intituions. They rceive the informon neded to verfY and
author yo cad or otr paymen~ ùûonntion an to pr an sh you order.
UnConunately. no cb trision over th Inte or any wirle netor ca be gute to be lOOIe secuce. As
a reule. while we strve to prote you Personlly Ideti6ale Inform you actowled th: (a) th ar
serity and privac lim of the Internet which ar beond our COI; (b) the sec. intgr an priva of
any an all infonntin and da excged be you an lI tIug th sit caot be gute; an (c) any
such inforon an da may be ileglly vicwed or la with in trit by a third pa.
7. Cookies
When you use our site we will store cokies on you computer in or to fatate and cumiz your iic of ou site.
A colc is a sml da te file, wli a Web site st OI yo coier's had drve (if
yo Web numbe,
brows the
pe)
that ca IlI be retreved to idenif you to us. Ou cokies store radoy asigned us ideificaon
cotr wher you are loed an yo fi nae to welcme you ba to ou site. The cokies ma your us of ib
site eaier, ma tb siie nm more smoothly an help us to nitain å se site You ar alwas fr lo decline Ol
cokies if¥Our browser peits, bu some par of our sit may not work pr in th cae.
We may us an outside ad serg copany to diplay baner adverent on our site. As pa oftbir servce, diey
wil plac a sete cokie on your computer. We wil nol provie ii thir-p ad se wit any of
youcollec
Pcrly ldefiable Infomilion or infonnon ab your pu. We and our thir pa ad servr wil
an us Non-Peronaly Idetible Infonnion abut you, such as your IP ades, browser ty, th seer your
computr is loged onto, th ar co an zj co asiat wid your serv and whed you re to a
parcul ad Oth adver ma alo pla baer ad on our siic in the sae maer as above, but we wil no
dislose any Pernaly Identifiable Inforon lD th
8. Privacy Policies or Third Part SUes
Except as oterise discus in this Pnvacy Policy, th doCIl only addes the use and disclosur of
informon we collecllTm you. Othr site acceble thug our site have their own priva policies and data
collecion, us and diclosur price. Plea COult each site's pnvacy policy. We ar noi resposible for di
policies or pnicc of
third paes. AdditiOOllY. other coies whch pla advesin on our site may colle
informion abl you wben you view or c1icl on their advesin thugh the lIe of cookies, We caot contrl
collection of Ìloriou. You shuld conta th advcn direly if you have any quetions abut thir us ofthis
the
informúon tht they collect .
9. Misineous Privacy Isues
You mus be It leat i B yea old to have our peision to use diis si. Our policy is that we do not knowily
collec us or dislos Pernally IdCltile Informn ab visitors !b ar un I B yea of age.
You shld also be awar th when Pernay Idenble Informion is voluntaily disose (i.e. you _, emil
ad, et) in the discusion for or oter public ar on diis site Cht informon, a1oo¡ with any informn
dislosed in you counicaiion, ca be collect and us by thd paes and may rcli in unolicite meses
&o third paies. Suc acuvities ar bend our control an this Policy does DOt aply to suc informtion Any
submissions to cht roms or other public ar on th sit Ir acc with the undersdin th th ar acible
to all third pa. If you do not wanl your commClts to be viewed by diird paies, yo ar advise DOl to ma any
submissions. Uliimately. you ar solely rensible for maintaing the seec of your paord aaor accun
infonniou. Plea be caful and ~ponsible whenve you' auliDe,
If you have any quesions abut this Privacy Policy, the pra oftbs siie, or your dealing wi this site, pleae
conta us by sending a Icner lo:
i 23inkets.com
All: Privacy Compliáce Offcer
40fS
EXIBIT B
VC -002021
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Document 1
Filed 03/13/2008
Page 30 of 34
Prter Ink Cadge Laer Toi. Rib an Int Prnt Ca.. fic:IIIE:~020No%20S%20æi/0206riter'Yo20lnk%I20Ci1..,
25 E. Ea Strt
Simi Valley. CA 93065
You nøy al coDl us by emil atpnva123úici.coll
-,
L____i
· §I y-=~-1L-rn:~~: "c.~..Ji-=-!
tJre Shipin Ger &; CoDdiiot: by Oiec tJEmaii CUme
~-. Jcusro Se~ r# Re Ç1es t1u Orc~ ~erice
J-~~~~:~___~:::_,=~ldU_ ~::~
Bizc
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Cus
Certed
u,:nr n\ C:Õl6
¡If
,~
Vis Ac
Male
123iietco 25 E. Ea St. Simi Valley. CA 93065
IMl;", I CCoyr 1998-200 123inet,co I Sito
Feeac
Acc
Dis
Acte
Am
Ex
Accayp
Accep . New!
-r_lIplng d.. na ippy II non-l -- Itms _ st i 5t ciil Al gil "'il _ -... im ire subJ II IV.a il
. i iJlnkllrs reoees ii rtt lD dl_ th tem '" any Al -. or __ with nc.
.. Apple-, 1i-, iii~, I.e, Can-, Epe, Xerox- ... DI Il In"" ... lII Iovo .. reis tnemrt or thir re..
ow Wh h... no i_li - Dr ..~. ..y __ment or th in Clr _nr. ii by iZ3nlcot_, An _ ør. bn.. .. "'_ei
deltlci fo i nciK airtit h - .-, fD PU'l1 ci de amblll. c: ere not va lo OE ceii, II in or _
pruc.
UPS i"" th UP Innd .. trdemet th .. us _ pellS by th __. Unlb PII Selc of Am, 11 Al rtha ..ec.
VC -002022
50rs
EXHBIIT B
28
12141200 I :29 PM

penaties, per - Hypertouch® Inc.

Transcription

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