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