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Carla L.


March 13, 2012 VIA EMAIL

Mr. Frederick Prescott Stratton III Defaceable


Cease and Desist Abuse of Facebook

To Whom it May Concern: We represent Facebook, Inc., based in Palo Alto, California. It has come to Facebooks attention that you are marketing technology that is designed to violate Facebooks terms. Specifically, the Defaceable browser software offered at www.defaceable.com interferes with the proper rendering of the Facebook website, and places unauthorized graphics on Facebook profiles and pages. This software, and your activities associated with it, violates Facebooks terms. Facebook takes the protection of the user experience very seriously, and is committed to keeping Facebook a safe place for users to interact and share information. Your actions undermine these goals, abuse Facebook users and systems, and will not be tolerated. For the reasons set forth below, your activities violate Facebook's terms and are illegal: The Defaceable browser software directly interferes with the Facebook site. Interference with Facebook Functionality. The Defaceable browser software interferes with core Facebook functionality by violating various provisions of the Facebook terms,


March 13, 2012 Page 2 including without limitation, prohibitions on using Facebook to do anything unlawful, misleading, or malicious; taking any action that impairs the proper functioning of Facebook; using unauthorized scripts or other automated means of interacting with Facebook; facilitating or encouraging any violations of Facebook's terms; and posting false, misleading, or unlawful information on Facebook, including the creation of fake Facebook Profiles and Pages. Your disregard for Facebook's terms results in the degradation of the Facebook experience for users that download the Defaceable browser software. Security. The Defaceable browser software interferes with the secure connection of Facebook users using the "https" service enabled by Facebook, by breaking that secure connection without notice and thereby increasing the risk to Facebook users that their connections will be compromised. See Statement of Rights and Responsibilities http://www.facebook.com/terms.php, Platform Policies, http://developers.facebook.com/policy/; Brand Permissions, http://www.facebook.com/brandpermissions/logos.php; and Advertising Guidelines, http://www.facebook.com/ad_guidelines.php. Defaceable's browser software also interferes with Facebook's intellectual property. Trademark and Tradedress Related Issues. Your software inserts advertisements and graphics into the Facebook page that mimics authentic Facebook features. Such misappropriation of Facebook's trademark and tradedress confuses users as to the source, sponsorship or affiliation of your software, thereby tarnishing and diluting the Facebook brand by both increasing the amount of advertising and graphics and materially changing the nature of the advertising and graphics presented when users visit Facebook. Not only do your actions blur the distinction between Facebook content and content inserted by the software, but even where it may be clear that the content comes from the your product, the nature of the product tarnishes the Facebook brand and diminishes the user experience. This unauthorized use of Facebook intellectual property likely violates federal and state trademark laws, including the Lanham Act, 15 U.S.C. 1125. See also, Facebook Brand Usage Policy, https://www.facebook.com/brandpermissions/index.php. Furthermore, Defaceable's service tortiously interferes with Facebook's legitimate business interests. Interference with Facebook's control over its advertising environment. Through the Defaceable browser software, you present advertisements and graphics that would not


March 13, 2012 Page 3 otherwise be permitted on Facebook. The insertion of such advertisements detracts from the authorized advertisements of Facebook's actual advertisers. Deception. Defaceable does not clearly disclose or provide adequate notice of the full functionality of its browser software to the users who download it. For example, Defaceable fails to disclose to users that installation of the add-on will result in the service of additional, unauthorized advertisements and graphics, that such advertisements and graphics may result in increased load times, or that Defaceable sponsored advertisements and graphics are not authorized by Facebook. In light of the above, Facebook demands that you immediately cease and desist offering any technology designed to integrate with Facebook or any of its services. Please respond to me in writing no later than close of business, Friday, March 2, 2012, confirming that You: (1) Will immediately cease offering for download any and all software that is intended to work on or in conjunction with Facebooks site of services; (2) Will immediately cease and refrain from developing, promoting, selling, using and/or offering for download any code or software that interacts with, frames, or overlays upon websites owned or operated by Facebook, including but not limited to the add-ons offered at www.defaceable.com; (3) Will immediately remove references to Facebook from the website www.defaceable.com and/or any other website that You own and/or operate; (4) Will immediately remove references to Facebook from any other promotional material that you control; and (5) Will strictly comply with Facebooks Terms, guidelines, any applicable state and federal laws and applicable policies in the future. Facebook has taken technical measures to deactivate your account and to block your service. You are hereby notified that your limited license to access Facebook's site and/or services is revoked. Any further access to Facebook's site and/or services will be treated by Facebook as illegal and unauthorized access to its protected computers. Facebook demands that you preserve all information and documents related in any way to your Facebook related activities, including without limitation all communications regarding the development and operation of the Defaceable browser software, all information obtained from Facebook, and all communications with advertisers regarding your ability to present advertisements in association with the display of Facebook content.


March 13, 2012 Page 4 Should you choose to ignore this letter and continue your current improper conduct, Facebook is continuing to evaluate its options and reserves the right to take whatever measures it believes are necessary to enforce its rights, maintain the quality of its site, and protect its users privacy and information. This letter is not intended by us, and should not be construed by you, as a waiver or relinquishment of any of our clients rights or remedies in this matter. Facebook specifically reserves all such rights and remedies whether at law or in equity, under applicable domestic and foreign laws. Sincerely,

Carla L. Reyes