Acceptable Use Policy - v1.4

Updated: June 29, 2017

This Acceptable Use Policy (“AUP”) is published by PaySimple, Inc. (“PaySimple”) in an effort to provide PaySimple users with a safe and secure system to process electronic payments by enforcing acceptable, legal and compliant use of all PaySimple’s products. All users of PaySimple's services ("Services")- those who access some of PaySimple’s Services but do not have accounts ("Visitors"), as well as those who subscribe to free Services (“Unpaid Members”) and those who pay a monthly service fee to subscribe to the Services ("Paid Members")- must comply with this AUP. Members, and Paid Members are collectively (“Users” or “User”). The following terms supplement any and all agreements between Users and PaySimple and apply to your use of and access to any PaySimple owned or operated website, Interactive Voice Response system or banking system, as well as any and all data transmissions including but not limited to http request, API interface, email network or other unspecified system of data storage or transmission provided by PaySimple.

By accessing or using PaySimple’s payment Systems, you agree that your company will certify PCI Compliance annually (https://www.pcisecuritystandards.org/security_standards/pci_dss.shtml) and abide by any and all rules set forth in this policy, as PaySimple may modify them from time to time, including any action PaySimple may take, within our sole discretion, for any use that PaySimple deems unacceptable. You understand that The Service default security settings are configured in a PCI DSS Compliant manner, and that You are wholly responsible for ensuring that any changes You make to these security settings will not result in Your being out of PCI DSS compliance. 

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Furthermore, if you receive personal data (including payment card data) from the European Union, you are required to comply with Directive 95/46/EC and, if applicable, the EU-US Privacy Shield Program (or any successor laws, directives, regulations, or programs). For more information about the EU-US Privacy Shield Program, visit privacyshield.gov.

In accordance with our Terms of Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.  PaySimple may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.  If you do not agree to accept and comply with the AUP, do not access or use PaySimple.

Prohibited Conduct

Users may access and use PaySimple only in a PCI compliant manner and only for lawful purposes. Users are responsible for any transmission they send, receive, post, access, or store via PaySimple, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited and constitute a violation of this AUP:

Illegal use Using the Services to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations there under.

Fraudulent Conduct/Activity Offering or disseminating fraudulent goods, services, schemes, promotions or similar fraudulent activities(e.g., make-money-fast schemes, chain letters, and pyramid schemes).

Infringement Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.

Offensive Materials Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable as determined by PaySimple.

Export Violations Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.

Failure to Abide by Third-Party Website Policies Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.

Harmful Content Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

Forgery or impersonation Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person, company, or other entity, or attempting to imply unauthorized affiliation with any person, company, or other entity by using forged headers or other identifying information is prohibited.

Unsolicited email (Spam) Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email, or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.

For purposes of this AUP, an e-mail message shall be deemed to be unsolicited if (i) it is sent to a recipient (a) who has not expressly requested or invited it, (b) with whom the sender does not have an existing personal or business relationship, or (c) who has requested that the sender not send it any further e-mail messages or (ii) such e-mail message is considered to be unsolicited under any applicable local, state, or federal law or regulation. In addition, Users are prohibited from using the services or network of another provider to send spam or to promote a site hosted on or connected with PaySimple's services or network.

Unauthorized access Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of PaySimple's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Providing a PaySimple Username and/or Password to anyone other than the officially registered owner of said Username and Password and/or accessing the PaySimple System using a password not specifically issued to you.

Collection of personal data Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. You shall not provide to PaySimple, or use the Service to process, any information relating to (i) children under the age of 13; (ii) PHI as defined by the Health Insurance Portability and Accountability Act; (iii) information defined as Sensitive Information under EU Privacy Laws (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information specifying the sex life of the individual), nor (iv) any other information prohibited by laws or regulations in a country in which the Merchant does business.

Reselling the services Reselling the Services without PaySimple's authorization.

Network disruptions and unfriendly activity Using the Services for any activity which adversely affects the ability of other people or systems to use PaySimple or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the User's responsibility to ensure that their network is configured in a secure manner. A User may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A User may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

Exposing PaySimple Using the system in a manner that exposes or may expose PaySimple, its customers, partners, or vendors, or any other person or entity using the PaySimple System to abuse, complaints, retaliation, connectivity issues, or other negative impact.

REPORTING VIOLATIONS OF PAYSIMPLE'S AUP

Any violations or potential violations to this AUP may be reported to abuse@paysimple.com.

If available, please provide the following information: the IP address used to commit the alleged violation; The date and time of the alleged violation, including the time zone or offset from GMT; Evidence of the alleged violation.

For additional information on reporting abuse related to the PaySimple Service, see the Report Abuse Policy.

PAYSIMPLE RESPONSE TO REPORTS OF ABUSE

PaySimple takes abuse of its systems very seriously, and will investigate all complaints it receives and take appropriate action where warranted. However, note that remedies to abuse reports are made at PaySimple’s sole discretion. Receipt of a complaint is no guarantee that PaySimple will take the action requested, or that PaySimple will take any action at all.

In the event PaySimple decides to take action, the following are some, but not all, possible responses to complaints:

  • Issue warnings: written or verbal
  • Remove any content found to be in violation of this AUP. Suspend the User's account
  • Terminate the User's account
  • Bill the User for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations

PaySimple may involve or cooperate with law enforcement authorities if criminal activity is suspected.  In addition, Users who violate this AUP may be subject to civil or criminal liability.  PaySimple shall not be liable for any damages suffered by any User or third party resulting directly or indirectly from any actions taken by PaySimple pursuant to this AUP.

REVISIONS TO THIS ACCEPTABLE USE POLICY

PaySimple reserves the right to revise, amend, or modify this AUP, our Terms of Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service Agreement and shall be effective when posted.

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