Date: Tue, 3 Jun 97 18:26:55 -0800
From: JOHN_MACONGA@pscboston.com
To: rnewman@thecia.net
Subject: Settlement Agreement
Settlement Agreement
6/3/97
6:07 PM
To rnewman@thecia.net
May 29, 1997
BY HAND
Mr. Peregrin M. Petty-Schroeppel
President
Cyber Access Internet Communications, Inc.
2000 Massachusetts Avenue #4
Cambridge, MA 02140
RE: Newman v. Cyber Access Internet Communications, Inc.
et al.
Middlesex Superior Court, Civil Action No. 97-02699
Dear Mr. Petty-Schroeppel:
This letter, when signed by you, Cyber Access and our
client, Mr. Ronald Newman, shall constitute the agreed to
settlement of the above-referenced matter. It is agreed as
follows:
1. You and Cyber Access will return the electronic files
which were located in Mr. Newman's home and e-mail
directories as of May 13, 1997 (a) by making them available
via anonymous FTP for downloading by the end of the day and
continuing for at least 48 hours or until notified by Mr.
Newman that he has successfully downloaded the files (you
will e-mail Mr. Newman at rnewman@thecia.com and me at
john_maconga@pscboston.com with the FTP information) and (b)
if Mr. Newman is unable to complete the FTP download, you
and Cyber Access will cooperate in otherwise making the
files available to Mr. Newman (such efforts shall include,
but not be limited to, delivering a 4 millimeter DAT tape
containing the files to my office).
2. You and Cyber Access will create pointers for Mr.
Newman's web pages.
One pointer will direct anybody who attempts to access any
URL beginning with
"http://www.cybercom.net/~rnewman/scientology/" to a web
page that reads substantially as follows:
---------
"The Church of Scientology vs. the Net" has
moved!
"The Church of Scientology vs. the Net" has moved!
Ron Newman's web site, "The Church of Scientology vs. the
Net",
has moved to a new location:
Ron Newman New e-mail address:
rnewman@thecia.net
-------------
A second pointer will direct anybody who attempts to access
any other URL beginning with
"http://www.cybercom.net/~rnewman/" to a web page that reads
substantially as follows:
-------------
Ron Newman's web site has moved!
Ron Newman's web site has moved!
Ron Newman's web site has moved to a new location:
Ron Newman New e-mail address:
rnewman@thecia.net
-----------
These pointers, and the associated web pages, will exist for
at least three months after the signing of this agreement.
3. You and Cyber Access will create a pointer for Mr.
Newman's e-mail which will automatically forward any e-mail
that is sent to rnewman@cybercom.net to his new e-mail
address, rnewman@thecia.net. This forwarding will exist for
at least three months after the
signing of this agreement.
4. Mr. Newman will cause the above-referenced action to be
dismissed without prejudice and the related request for a
preliminary injunction to be withdrawn once you and Cyber
Access have made all of Mr. Newman's files available to him
and created the above described pointers.
5. No payments shall be exchanged.
6. Mr. Newman agrees not to spam Cyber Access and agrees
not to encourage others to spam Cyber Access.
7. Parties will execute mutual releases, releasing one
another from all liabilities and obligations except those
provided in this agreement.
Please sign below to indicate your agreement to the above
terms.
Very truly yours,
John W. Maconga
Agreed:
Cyber Access Internet Communications, Inc.
By: Peregrin M. Petty-Schroeppel
Its: President
Peregrin M. Petty-Schroeppel
Ronald Newman
cc: Mark A. Fischer, Esq.
------------------
MUTUAL RELEASE
For valuable consideration, Peregrin M. Petty-Schroeppel
("Mr. Petty-Schroeppel") and Cyber Access Internet
Communications, Inc. ("Cyber Access") hereby release Ronald
Newman ("Mr. Newman") and his agents, servants, employees,
attorneys, other of his representatives, and their
respective heirs, executors, administrators, successors and
assigns (all of the foregoing herein collectively referred
to as the "Newman Releasees"), from any and all debts,
demands, actions, causes of action, suits, dues, sums and
sums of money, accounts, reckonings, bonds, specialties,
covenants, contracts, controversies, agreements, promises,
doings, omissions, variances, damages, expenses, executions,
and liabilities, and any and all other claims of any kind,
nature, and description whatsoever, both at LAW and in
EQUITY, which against the Newman Releasees, and any of them,
Mr. Petty-Schroeppel or Cyber Access now has or ever had
prior to this date, except for the obligations detailed in
the letter agreement dated May 29, 1997 between and among
Mr. Newman, Mr. Petty-Schroeppel and Cyber Access.
For valuable consideration, Mr. Newman hereby releases Mr.
Petty-Schroeppel and Cyber Access and their agents,
servants, employees, attorneys, other of its
representatives, and their respective heirs, executors,
administrators, successors and assigns (all of the foregoing
herein collectively referred to as the "Cyber Access
Releasees"), from any and all debts, demands, actions,
causes of action, suits, dues, sums and sums of money,
accounts, reckonings, bonds, specialties, covenants,
contracts, controversies, agreements, promises, doings,
omissions, variances, damages, expenses, executions, and
liabilities, and any and all other claims of any kind,
nature, and description whatsoever, both at LAW and in
EQUITY, which against the Cyber Access Releasees, and any of
them, Mr. Newman now has or ever had prior to this date,
except for the obligations detailed in the letter agreement
dated May 29, 1997 between and among Mr. Newman, Mr.
Petty-Schroeppel and Cyber Access.
Executed as a sealed instrument this 3rd day of June, 1997.
____________________________ __________________________
Witness Peregrin M. Petty-Schroeppel
Cyber Access Internet
Communications, Inc.
____________________________ By: ____________________________
Witness Peregrin M. Petty-Schroeppel
President
____________________________ __________________________
Witness Ronald Newman