1102541--2/27/2009--EARTHLINK

related topics

{system, service, information}

{product, market, service}

{property, intellectual, protect}

{tax, income, asset}

{personnel, key, retain}

{acquisition, growth, future}

{debt, indebtedness, cash}

{cost, contract, operation}

{provision, law, control}

{stock, price, operating}

{condition, economic, financial}

{financial, litigation, operation}

{product, candidate, development}

{regulation, change, law}

{competitive, industry, competition}

The continued decline of our consumer access subscribers, combined with the change in mix of our consumer access subscriber base from narrowband to broadband, will adversely affect our results of operations. We face significant competition that could reduce our profitability. Adverse economic conditions may harm our business. As a result of our continuing review of our business, we may have to undertake further restructuring plans that would require additional charges, including incurring facility exit and restructuring charges. If we do not continue to innovate and provide products and services that are useful to subscribers, we may not remain competitive, and our revenues and operating results could suffer. We may be unsuccessful in making and integrating acquisitions and investments into our business, which could result in operating difficulties, losses and other adverse consequences. Our business is dependent on the availability of third-party telecommunications service providers. Our commercial and alliance arrangements may not be renewed, which could adversely affect our results of operations. We utilize third parties for customer service and technical support and certain billing services, and our business may suffer if these third parties are unable to provide these services or terminate their relationships with us. Service interruptions or impediments could harm our business. Government regulations could adversely affect our business or force us to change our business practices. Privacy concerns relating to our business could damage our reputation and deter current and potential users from using our services. We may not be able to protect our intellectual property. We may be accused of infringing upon the intellectual property rights of third parties, which is costly to defend and could limit our ability to use certain technologies in the future. If we are unable to successfully defend against legal actions, we could face substantial liabilities. Our business depends on effective business support systems, processes and personnel. We may be unable to hire and retain sufficient qualified personnel, and the loss of any of our key executive officers could adversely affect us. Our VoIP business exposes us to certain risks that could cause us to lose customers, expose us to significant liability or otherwise harm our business. We may be required to recognize additional impairment charges on our goodwill and intangible assets, which would adversely affect our results of operations and financial position. We may have exposure to greater than anticipated tax liabilities and the use of our net operating losses and certain other tax attributes could be limited in the future. Our stock price has been volatile historically and may continue to be volatile. Our indebtedness could adversely affect our financial health and limit our ability to react to changes in our industry. Provisions of our second restated certificate of incorporation, amended and restated bylaws and other elements of our capital structure could limit our share price and delay a change of management.

Full 10-K form ▸

1102541--2/27/2009--EARTHLINK_INC