The Second Reason
The court does not need to decide whether Cyber Promotions was, or should have been aware, of the policy. The reason is that CompuServe explicitly notified Cyber Promotions in writing that it was not authorized to send email to CompuServe. This is the court’s second reason for thinking that Cyber Promotions’ intentional use of CompuServe’s computers was unauthorized.
It follows just from the fact that the intentional use was unauthorized that
(a) Cyber Promotions did not commit trespass to chattels.