15. Users that are able to read the Zango license agreement, however, are informed that

 Zango Search Assistant shows ads relevant to what you search or shop for online, the

number of ads you receive is based on how often you use your browser.   Users/Web site

visitors are not clearly informed that they will be required to download a computer

program that monitors their browsing habits and transmits that information back to

180solutions' computer databases, or that 180solutions' Zango product will cause time 

delayed advertising pop ups to appear outside of the context of the Web browsing

experience and outside of CJB.NET Web sites.

16. For all Web sites whose URLs are of the form http://_ _ _ .cjb.net, the Zango prompt

appears, even if the URL does not correspond to an actual Web site that provides content

to users.

17. Each CJB.Net Web site has banner ads at the top that suggest that a user/Web site

visitor can get a non ad supported version of the site.  However, none of these disclosures

inform users/Web site visitors that will be required to download a computer program that

monitors their browsing habits and transmits that information back to 180solutions'

computer databases, or that 180solutions Zango product will cause time delayed

advertising pop ups to appear outside of the context of the Web browsing experience and

outside of CJB.NET Web sites.

18.Users/Web site visitors who do end up downloading Zango as a result of visiting a

CJB.NET hosted site, the Zango customer support Web page does not provide them any

information that might explain the connection between CJB.NET and Zango.  It says that

 you can get Zango via one of our partners when you choose to view a video, play a

game or download an application from one of their Web sites, 

11

 but CJB.NET hosted

sites do not necessarily contain any of these kinds of content, and Zango may even be

downloaded when accessing Web sites that do not exist at all.

III. 

G

ROUNDS FOR 

R

ELIEF

19. Section 5 of the FTC Act gives the agency the authority to challenge acts and

practices in or affecting commerce that are  deceptive  or  unfair. 

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  180solutions has

created an affiliate relationship with CJB.NET that allows for the deceptive advertising

programs created by 180solutions to be deceptively distributed by CJB.NET.  CJB.NET

misrepresents the nature of its adware supported Web hosting services to both the users

who create Web sites through CJB.NET, as well as visitors who use sites hosted by

CJB.NET.

Deceptiveness

20. The FTC Policy Statement on Deception clarifies that the Commission will find

deception if there is a representation, omission, or practice that is likely to mislead the

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 See http://www.zango.com/help/support.aspx.

12

 15 U.S.C.   45(a)(1) (2000).

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