On December 12, 2002, Arnold Regardie sent this threat of legal action and demand that click2boost.com be removed from the Rhyolite Software list of unwelcome domains. (Mr. Regardie's message was captured in a dccm logdir file.)
Dear Rhyolite: Click2Boost, Inc. has previously notified you in writing that it objected to being included on your "spamming"list. Nevertheless, Click2Boost's name is still there. Click2Boost does not contact any customer without the customer 's consent and your inclusionj of its name on your list is not only outrageous and irreponsible but greatly injurious to its name, reputation and business. Therefore, damand is hereby made that Click2Boost's name be immediately removed from your list. Failure to do so will result in Click2Boost taking such action as it deems necessary and proper to fully protect its interests including but not limited to the initiation of legal proceedings and the filing of a complaint with the Attorney General for unlawful business practices. You are on formal notice. There will be no further warnings. If you have any questions feel free to contact me at Arnold.Regardie@click2boost.com. Arnold G. Regardie, General Counsel
If Click2Boost, Inc did indeed send a previous demand, it has been lost or misplaced.
Perhaps contrary to Mr. Regardie's statement, unsolicited mail advertising click2boost.com has been received at Rhyolite Software. Here are ten samples that were received by "spam traps" at rhyolite.com in November, 2002. These samples have been censored to obscure the target "spam trap" adresses to make it difficult for senders of unsolicited bulk email to avoid them. These samples are also from dccm logdir files.
There have been more than 40 reports of spam involving click2boost.com in the news.admin.net-abuse.sightings newsgroup.
Regardless of any unsolicited bulk email, the December 12, 2002 message from Mr. Regardie is more than sufficient reason for including click2boost.com in the list of domains whose email is unwelcome at rhyolite.com. His legal threat makes it necessary that any and all future communications be conducted through lawyers.
I wonder which State Attorney General Mr. Regardie is threatening to contact. Rhyolite Software is located in Colorado, while the `whois` data for click2boost.com says its address is:
Admin Admin
2711 Centerville Road #400
Wilmington, DE 19808
US
Phone: 800-582-5999
Is this Mr. Regardie the same person mentioned in this web page of Thomas Neches & Company? (There is a local copy in case the original is deleted.) The same question applies to the individual mentioned in this press release from the California Attorney General. (There is also a local copy of it.)
At about 10 am on January 16, 2003, Michael Kline of Click2boost called. We talked for about 30 minutes. I understood Mr. Kline to have made the following points:
My answer is that while I would like to correct any errors in this report or in the list of unwelcome domains, it would be wrong for me censor either. Whether Click2boost.com sends unsolicited bulk mail is irrelevant. Unsolicited bulk email mentioning Click2boost.com has been received at rhyolite.com, and that makes mail from Click2boost.com unwelcome at rhyolite.com. Mr. Regardie's threat on behalf of Click2boost.com to initiate "legal proceedings and the filing of a complaint with the Attorney General for unlawful business practices" also makes mail from Click2boost.com unwelcome at Rhyolite Software. Whether Mr. Regardie's threat was serious or not and whether it has a good legal basis, it can and should be made public.
Other questions are answered in the list of objections to entries in the Rhyolite Software list of unwelcome domains.
Contact Vernon Scrhyver at vjs@rhyolite.com.
