Earthlink v. Cyber Promotions Press Release

PASADENA, Calif., May 7, 1997 - EarthLink Network, Inc. (NASDAQ: ELNK), an Internet access provider, won a battle today for Internet users everywhere when a California judge prevented Cyber Promotions, Inc., a distributor of mass, unsolicited commercial email, from sending or transmitting its messages through EarthLink's system or to its members.

"This is a landmark victory in EarthLink's mission to protect the rights of our members and maintain a spam-free Internet," said Charles (Garry) Betty, president and CEO of EarthLink Network. "We did what we said we were going to do, and that is to declare war on spammers. This ruling is not only a win for EarthLink, but it's a win for all of us who use the Internet. We all stand to benefit."

The ruling occurred in EarthLink's recently filed lawsuit against Cyber Promotions, in which EarthLink sought both injunctive relief and monetary damages in relation to Cyber Promotions' ongoing bombardment of EarthLink's members with unsolicited email advertisements, commonly known as "spam."

Los Angeles Superior Court Judge Diane Wayne found that Cyber Promotions' actions constituted a trespass upon EarthLink's computer resources and granted, in full, EarthLink's requested preliminary injunctive relief. The court prohibited Cyber Promotions from: sending unsolicited email advertisements to EarthLink members; using EarthLink's computer network, systems, equipment, email system, and servers without prior authorization; preventing or denying EarthLink's right or ability to block the offending emails; and inserting false references to EarthLink or its systems, equipment, or domain addresses in any email advertisement, including falsely identifying EarthLink or its users as the source of the email.

Judge Wayne found that Cyber Promotions had and was engaged in the "past and current transmission of unsolicited email advertisements without (EarthLink's) consent" resulting in a "deleterious effect" on EarthLink's systems and operations. She also cited Cyber Promotions' practice of disguising the true source of emails originating from its system, as well as its advertisement of this capability to its co-spammers.

EarthLink's attorneys, Atlanta-based Paul F. Wellborn, III of Hunton & Williams and Pasadena-based Michael A.J. Nangano of Kolts & Nawa, characterized the ruling as an especially significant initial defeat against Cyber Promotions' attempts to continue the transmittal of unsolicited emails via operational changes designed to comply with earlier rulings against that practice.

About EarthLink Network

EarthLink Network, a publicly-held company, is dedicated to making the Internet a relevant and useful communications tool by coupling fast and reliable Internet access with content-rich products and robust services for individuals and businesses. Headquartered in Pasadena, California, the company provides local access to thousands of local communities from more than 648 points of presence (POPs) in the U.S. and Canada. EarthLink offers unlimited Internet access for $19.95 a month, with a $25 setup fee. A free, 24-hour member Help Line is accessible seven days a week. Additional product and pricing information is available by calling (800) 395-8425 and through EarthLink's Web site at http://www.earthlink.net.