Ben Livingston
Innovative Access, Inc.
7744 29th Ave. NW
Seattle, WA 98117
206-781-8307

December 15, 2001

Richard Scott
Cyberdata
305 Nord Ave.
Chico, CA 95926

Dear Mr. Scott,

Enclosed is a notice of small claim that Innovative Access, Inc. has filed against you for three violations of Chapter 19.190.030 of the Revised Code of Washington. Since September, we have been receiving commercial emails advertising your products and services, all of which have been sent in violation of Washington State law.

Our records indicate that we contacted you through facsimile at 530-343-1808 on September 30. On October 15, I called 530-343-9681 and spoke with an operator who said he would give a list of our domains to your "list manager" for removal and that it would be taken care of "as soon as possible." Since that time, the illegal email has not abated -- indeed it seems to have increased. Because of this, we feel we have no other option but to exercise our private right of action under RCW 19.190.

We are seeking $1,000.00 each for three violations. Please note that the $1,000.00 amount is statutory. We are willing to work with you to settle this matter out of court for less than the $3,000.00 total. We are not willing to forgive the monetary damages completely, however, as financial loss is the best deterrent against future violations. Any settlement we reach would also require a signed affidavit stating that you and your agents will no longer send commercial email to any addresses at the domain names inwa.net, hemp.net and tty.com -- all of which we own.

Thank you for your attention to this matter.

Sincerely,

Ben Livingston
Vice-President, Innovative Access, Inc.