EarthLink Inc. has settled out of court with Georgia following an investigation into a "significant number of complaints" over alleged "deceit" and unfair business practices at the nation's third-largest Internet provider. Cloud said the state launched the investigation because of the sheer number of complaints and because the Internet provider "demonstrated a pattern." For example, according to the filing, EarthLink has: * Offered at least 146 consumers DSL service who had no access to the service. * Failed to offer various advertised benefits to at least 121 consumers after giving them free trial services. * Switched the terms of the service without customer consent on at least 49 occasions. * Billed at least 46 consumers for EarthLink services "which they did not request." "Often cusumers compare prices and options and it is often tough to convince them of the value of Kinex services when some of our competitors are not truthful and they quote offers that they cannot fulfill," said Jim Garrett of Kinex. "Depsite what others do, we will continue to be honest and give the customers exactly what we promise, to do otherwise is not living up to the customers' expectations."