October 3, 1997 5:35 PM PDT

Spammer back online, temporarily

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After waging a legal battle against its Net access provider, AGIS, junk emailer Cyber Promotions was back online today but only for about two hours.

Cyber Promotions' Web site was up for a stint, but soon after, a construction crew in Michigan sliced through some fiber-optic cable, shutting down access for most AGIS customers and other ISPs, according to a network status technician. The damaged cable belonged to WorldCom, which is expected to repair the cut later today.

Despite AGIS's technical difficulties, Cyber Promotions is still threatening further legal action. Although the company's site was up for a while, the rest of its network, email, and customer sites were not reachable online, according to the company's president, Sanford Wallace. "We're very frustrated because we do not believe AGIS has lived up to its part of the bargain. If we are not fully up by Monday, I can guarantee you we will take action," Wallace said today.

AGIS representatives could not be immediately reached for comment.

On Monday, U.S. District Judge Anita Brody in Philadelphia ordered AGIS to restore service to Cyber Promotions after the ISP had terminated the junk emailer's service earlier this month. (See related story)

Brody ruled that AGIS has to reconnect Cyber Promotions on grounds that the termination was an improper breach of contract between the two firms. The company has to continue service until October 16 but can cut the emailer loose if the mass emailer can find a new backbone provider before that date.


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