UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

CONCENTRIC NETWORK CORPORATION, INC., a Florida corporation,
Plaintiff,

v.

SANFORD WALLACE, an individual, and CYBER PROMOTIONS, INC., a Pennsylvania corporation
Defendants.

STIPULATED JUDGMENT AND PERMANENT INJUNCTION

WHEREAS, as part of the Agreement, the parties have agreed to enter into a permanent injunction on the grounds set forth below; and

WHEREAS, the parties desire that the Court enter this Stipulated Judgment and Permanent Injunction;

THE PARTIES HEREBY AGREE AND STIPULATE AS FOLLOWS:

1. This Court has jurisdiction of the subject matter of the action and the parties hereto.

2. Plaintiff CNC operates a proprietary computer communication service, providing subscribers throughout the country with access to the Internet and other communications outlets. Subscribers to the service pay a monthly fee for the right to access and use the CNC Service and CNC's equipment to facilitate their computer communications. CNC's electronic mail service,included in subscribers' monthly fee, allows subscribers to exchange electronic messages ("e-mail") with others via the Internet.

3. Defendant Cyber Promotions, Inc. operates a business which consists, at least in part, of sending hundreds of thousands of unsolicited electronic advertisements to Internet users on a regular basis. Defendant Sanford Wallace is the president of Cyber Promotions, Inc.

4. Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert and participation with Defendants who receive actual notice of this injunction, are permanently enjoined from:

(i) using any accounts opened with plaintiff, CNC, or using any of CNC's equipment to send or receive electronic mail or in connection with the sending or receiving of electronic mail;

(ii) causing their electronic mail messages to bear any representation that the messages were sent by, originated from or are in any way sponsored or condoned by CNC;

(iii) sending or causing to be sent any unsolicited electronic message to any CNC subscriber; and

(iv) distributing or causing to be distributed to any third party a list containing the electronic mail address of any CNC subscriber.

5. All other claims of CNC against Defendants in this action are dismissed with prejudice.

6. The Court shall retain exclusive jurisdiction and venue of this action for the purposes of enforcement and resolving any dispute concerning this judgment and for the punishment of violations hereof.

WILSON, SONSINI, GOODRICH & ROSATI
Attorneys for Plaintiff
Concentric NetworkĘCorporation