Permanent Injunction (Nigmatzyanov)

PERMANENT INJUNCTION

WHEREAS, on January 19, 2007, MySpace, Inc "(MySpace") filed an action in the United States District Court for the Central District of California entitled MySpace, Inc. v. Optinrealbig.com, LLC, et at., Case No. CV-07-0496 GHK (RCk) (the "Action"), against Marat Nigmatzyanov ("Nigmatzyanov") and others, alleging violations of the Computer Fraud and Abuse Act, the CAN-SPAM Act, and other statutory and common law claims; and

WHEREAS; MySpace and Nigmatzyanov have mutually agreed to the terms of a Permanent Injunction.

NOW, THEREFORE, upon the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that Nigmatzyanov, together with his officers, directors, agents, servants, employees, and attorneys, and those in active concert or participation with him, is hereby permanently restrained and enjoined from:

1. Accessing, or attempting to access, the website located at myspace.com, including any changes in domain name or ownership ( "MySpace Website")1;

[1 "MySpace Website" means the website currently located at myspace.com, including any changes in domain name or ownership. If there is a change in the domain name from "myspace.com" to another URL, MySpace cannot enforce the provisions of this paragraph from any alleged violation(s) occuring after the change in URL, unless MySpace gives written notice of such change to Nigmatzyanov at the last address provided by Nigmatzyanov prior to such alleged violation(s).]

2. Directly and/or knowingly assisting anyone in accessing, or attempting to access, the MySpace Website for unlawful purposes;

3. Directly and/or knowingly participating in the ownership of, or assisting in the operation of, any entity that accesses, or attempts to access, the MySpace Website for unlawful purposes;

4. Phishing, or attempting to phish, account names, passwords, or any other information from the MySpace Website or from any MySpace member;

5. Assisting anyone in phishing, or in attempting to phish, account names, passwords, or any other information from the MySpace Website or from any MySpace member;

6. Participating in the ownership of, or assisting in the operation of, any entity that phishes or attempts to phish account names, passwords, or any other information from the MySpace Website or from any MySpace member.

7. The Court shall retain jurisdiction after the termination of this action to enforce this order.

IT IS SO ORDERED.