Yesmail breaks into the leader ranks of email marketing service providers

"We are proud to be named a leader in The Forrester Wave evaluation, and will continue to focus our investment toward technology that exceeds our customer's expectations, coupled with an emphasis on retaining key management teams that contribute to and execute an aggressive vision," said Mike Hilts, President of Yesmail. "We understand the importance of providing trusted services in addition to cutting edge technology which allows us to innovate flexible solutions for our clients and underscores our ability to become a valued partner."

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Yesmail Clarification Regarding FTC Settlement

Portland, OR, November 6, 2006 — Yesmail announces settlement with Federal Trade Commission (FTC) regarding alleged violation of the CAN-SPAM Act. The Agreement Containing Consent Order is a settlement of the FTC's investigation and explicitly does not constitute an admission by Yesmail that the law has been violated.

In respect to the announced settlement with the FTC Yesmail would like to provide the following clarifications:

• Yesmail carefully analyzes email legislation and takes compliance very seriously. Although disappointed by the resolution of this matter, Yesmail fully supports the CAN-SPAM legislation and the FTC’s efforts for strict enforcement of this important law.

• Yesmail does not believe that it has in any way violated the provisions of the CAN-SPAM Act. However, it determined that settling this matter without admission of liability was the most attractive alternative.

• The issue related to logic filtering of inbound bounces, manual replies and machine generated responses and misclassification of an undetectable number of text-pattern conflicts within the @Once email platform. Due to a constantly changing technical landscape, errors do and will occur. As long as technical errors are timely resolved when detected, resulting violations are exempt under the CAN-SPAM Act.

• Yesmail believes that this issue clearly falls under this exception.

• Ultimately, when faced with the costs of contesting the FTC regarding this issue, the prudent course of action was to resolve the issue in the manner disclosed.

• This issue occurred in 2004 and Yesmail has since implemented extensive internal safeguards to ensure that an issue of this nature does not occur again.

Yesmail has and will continue to demonstrate a continued commitment to email deliverability, compliance and legislation.