Cloudeight Internet LLC
April 11, 2005
BY COURIER
Re:
Infringement of Rights - Your Detection of Hotbar as
spyware/adware
Dear
Sir/Madam,
We received your letter
of March 11, 2005. We also note
that you have published our correspondence with you on your website. Since your
response distorts and misrepresents the facts in a manner which only causes
Hotbar more damages, you are hereby demanded to publish the following reply on
our behalf in order to present the complete facts:
First, we recently
approached you since you did not comply with our letter of March 2004 and kept
publishing your web page (under the name “Hotbar is spyware”) accusing Hobtar of
being spyware. This page has only been removed recently subsequent to our recent
letter. Therefore, we do not “have
the wrong company” but rather have the “right” company, which just keeps causing
us damages as part of its unfair practices, as detailed
below.
As indicated in our
first letter, many leading anti-spyware/adware companies DO NOT detect Hotbar as
spyware or any other kind of an undesirable software (in addition, to the large
companies mentioned in our first letter, here are some additional examples:
spywareguide.com and their X-Cleaner/X-Block scanner, NoAdware,
simplythebest.net, free-web-browsers.com, XofstSpy, Spyware Stormer, Bazooka,
PcOrion, Spyware Nuker, Adwarespy and AlertSpy). Also, contrary to the false contentions
in your letter, McAfee and Doxdesk DO NOT detect Hotbar or refer to it as
spyware or adware.
This is an objective fact
that can easily be checked by anyone, but for some reason you keep choosing to
ignore the facts and tell your user half truths or lies.
You also conveniently
chose to ignore in your letter the fact that you consider Hotbar a business
rival of yours (in the field of e-mail enhancement tools), which is the
explanation for the harsh unjustified libelous statements you distribute about
us. In this regard, your accusation
that Hotbar’s software interferes with the operation of Outlook Express (which
is simply unfounded) is false. In
any event, it would only be fair to remind the readers of your website that
Hotbar is a software which offers its users with great features that enhance the
user’s surfing and e-mail experience. Millions of users download and use
Hotbar’s software only for its great features. Thus, for the sake of illustration, you
“forgot” to tell your readers that a search on Google for Hotbar + Emoticons
turns up 47,800 results, more than the results you relate to in Google search
for Hotbar + spyware - there are much more websites and users which praise the
great features of Hotbar’s software rather than distribute false libelous
statements about it.
In view of the above,
the logical conclusion is that your vicious campaign against Hotbar is only an
attempt to gain commercial advantage by using unfair practices and distributing
libelous statements about a company that is more successful than yours. We are only left to regret that this is
how you choose to compete and hope that you will at least have the decency to
publish this response which sets the facts straight.
Yours sincerely,
Oren Dobronsky,
CEO
Hotbar.com, Inc.