CJB.NET hosted sites can  cause computers to slow down, take up bandwidth of the
user's internet connection, incur increased Internet use charges, deplete memory, utilize
pixels and screen space on monitors, require more energy because slowed computers
must be kept on longer, and reduce a user's productivity while increasing their
frustration. 
19
29. CJB.NET's deceptive practices are unfair because they cannot reasonably be avoided
by consumers.  For all Web sites hosted by CJB.NET whose URLs are of the form
http://_ _ _ .cjb.net, the Zango prompt comes up, even if the URL corresponds to an
invalid Web site that cannot be located by the consumer's browser
20
.  Because customers
seeking to have their Web sites hosted by CJB.NET are not adequately notified that
visitors to those sites will be required to download adware, webmasters are not able to
avoid unwittingly distributing 180solutions programs through the sites that they manage.
Similarly, visitors to those sites are misleadingly informed that they are required to
download 180solutions products if they wish to view the content of the sites.
30.  Web sites hosted at CJB.NET are under no obligation to explain to visitors they are
distributing software that may impair the use of Web site visitor's computer even when
they are not using the CJB.NET site. In fact, it is likely that a webmaster building a site at
CJB.NET may not understand that the site is serving as proxy distributors of the
advertising software.  Yet, based on regular user expectations, the site visitor would
reasonably trust the Web site and its affiliations not to download this kind of software.
31. Because the average consumer would not be aware that downloading adware is not, in
fact, a requirement to view the Web sites, they could not reasonably expect to avoid the
downloads.  If disclosure about the actual nature of the downloads was made, then
consumers would be able to evaluate the tradeoffs inherent in viewing the content and
downloading the software.  Since they are simply informed that it is necessary to
download the software, however, no genuine evaluation is made.
32. The benefits to consumers or competition from the invasive advertising programs are
minimal and do not outweigh the substantial injury to users.  While CJB.NET and
180solutions clearly profit by obtaining advertising revenues at their expense and
webmasters may benefit from having CJB.NET host their Web sites with no out of 
pocket costs, visitors to those Web sites may have long term performance of their
personal property, their computers, significantly impaired with only the short term
benefit, the content from the Web site.
Liability
33. CJB.NET and 180solutions should be held liable if they knew or should have known
that their trade practices were deceptive, unfair, and in violation of the FTC Act.
21
  Upon
                                                  
19
 Sotelo v. DirectRevenue LLC, 384 F. Supp. 2d 1219, 1230 (N.D. Ill. 2005).
20
 Examples of this are shown in the video located at
http://netrn.net/spywareblog/archives/2005/11/13/180solutions sponsors class of second graders in ohio/
.
21
 15 U.S.C.   45(1)(A).
8






footer




 

 

 

 

 Home | About Us | Network | Services | Support | FAQ | Control Panel | Order Online | Sitemap | Contact

 

Our web partners: Inexpensive Web Hosting Jsp Web Hosting Jsp Web Hosting Cheapest Web Hosting  Java Web Hosting

 Quality Web Templates Dreamweaver Web Templates Frontpage Web Templates

Jsp Web Hosting Cheapest Hosting Cheapest Web Hosting Java Web Hosting Tomcat Web Hosting

Quality Web Hosting Best Web Hosting Java Web Hosting

Visionwebhosting.net Business web hosting division of Vision Web Hosting Inc.. All rights reserved

web hosting affiliate