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She had previously released an analysis purporting to show that only a minuscule proportion (12,000 out of 5.5 million) registered female accounts were used on a regular basis, Newitz noted a clause in the terms of service which states that some accounts are for amusement purposes only.

She says Ashley Madison does not go so far as to say they are fake, but "does admit that many profiles are for 'amusement only' ".

Also in 2009, NBC refused an ad submitted by Ashley Madison for the network's broadcast of Super Bowl XLIII.

In 2012, the company was sued by former employee Doriana Silva, who stated that in preparation for the launch of the company's Portuguese-language website, she was assigned to create over a thousand bogus member profiles within a three-week period in order to attract paying customers, and that this caused her to develop repetitive stress injury.

The lawsuit claimed that as a result Silva "developed severe pain in her wrists and forearms", and has been unable to work since 2011. The company claimed that Silva had been photographed jet-skiing, an activity that was unlikely for someone who had suffered serious injury to the hands and forearms.

Ashley Madison later alleged further that Silva had kept confidential documents and sought to retrieve them.

Ashley Madison employs guerrilla marketing techniques to advertise its site.

One such technique has been the creation of fake criticism websites filled with ads for Ashley Madison and anonymous testimony that the site is legitimate. Ashley Madison Scams.com" was registered to Ashley Madison owner Avid Life.

The demand was driven by the site's policy of not deleting users' personal information following their invoiced requests.In 2015, the Ontario Superior Court dismissed the case without costs, a result with which Avi Weisman, vice-president and general counsel for Avid Life Media, said the company was "very pleased".the site was hacked by a group known as "The Impact Team".Compounding the problem is that "more men than women use the service, with the disparity increasing as they advance in age", and "Men seek sex, while women seek passion." A page on Ashley Madison, entitled "Is Ashley Madison a scam? " addressed some of these issues in an attempt to win over prospective customers and teach them best practices for using the site.Ashley Madison had over 70,000 bots sending fake female messages to male users.