Acceptable Use Guidelines
A. Acceptable Use.
Use of the Constellation Payments Services is subject to this Policy. If not defined herein, capitalized terms have the meaning stated in the Constellation PaymentsTM Payment Gateway & Merchant Services Agreement between Constellation Payments and Customer to which this Statement is attached (“Agreement”). Customer understands, acknowledges and agrees that its failure to comply with this Policy may result in, among other things, suspension and/or termination of the Constellation Payments Services pursuant to the Agreement.
B. General Categories of Prohibited Activities.
You agree not to use, or allow third parties or your End Users to use, the Constellation Payments Services for the following reasons:
- To generate or facilitate unsolicited bulk commercial email;
- To violate or encourage the violation of the legal rights of others;
- For any unlawful, invasive, infringing, defamatory or fraudulent purpose;
- To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other products or services of a destructive or deceptive nature;
- To interfere with the use of the Constellation Payments Services or the equipment used to provide the Services, by Buyers, Sellers or other authorized Users;
- To alter, disable, interfere with or circumvent any aspect of the Constellation Payments Services;
- To test or reverse-engineer the Constellation Payments Services to find limitations, vulnerabilities, evade filtering capabilities or for other purposes;
- To use the Constellation Payments Services or a component of the Constellation Payments Services in a manner not authorized by Constellation Payments;
- To use bots, spiders or other automated information-gathering devices or programming routines to “mine” information, register user accounts, perform transactions and any other activities Constellation Payments may from time to time consider inappropriate; or
- Any other reason that is prohibited by Constellation Payments in its discretion and notice of which is given to Customer.
C. Specific Prohibited Products.
Customer will not at any time conduct Customer’s business in any manner that, directly or indirectly, offers, sells, facilitates, leases, licenses or displays, delivers, advertises, recommends, or promotes any product(s), service(s), data, information, image(s), text and/or any content which:
- is unlawful or violates any (A) applicable local, state, federal, national or international law, statute, ordinance, or regulation (including, without limitation, consumer protection, Internet tobacco sales, unfair competition, antidiscrimination and false advertising laws), or (B) any Card Network, bank, Merchant Service Provider or other similar rules;
- is associated with any form of adult, sexually oriented, or obscene materials or services (including, without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g., books, text, photos, videos, X-rated movies, pornographic materials, etc.), or require individuals to be eighteen (18) or older to view or purchase such products, services, data, information, images, text and/or content;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party (including, without limitation, the unauthorized copying, downloading, modifying or posting of audio trademarks, pictures, logos, software, articles, musical works, videos, chips, discs, or decryption devices;
- is threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or otherwise violate Company’s rules or policies;
- victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person or entity, including but not limited to imitation and replica products such as those with respect to clothing and accessories;
- contains harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate the Services or any system, program, data or personal information or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- violates any U.S. export or import laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce;
- offers or disseminates fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
- is associated with any form of gambling or lottery type services not affiliated with a state-run lottery service, including but not limited to lottery, sweepstakes, horse and greyhound racing, sport betting, and virtual poker chips;
- is associated with illegal telecommunications or cable television equipment;
- is associated with the sale of (a) any controlled drug that requires a prescription from a licensed practitioner unless Customer is authorized by the National Association of Boards of Pharmacy to offer such products as a Verified Internet Pharmacy Practice Site and only if such a prescription has been issued by the practitioner after a bona fide examination of the patient; or (b) any over-the-counter drug, unless the sale of such product, without a prescription, has been approved by the Food & Drug Administration; or (c) nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval; or (d) any drug or controlled substance that the Company believes to be or may become harmful, unlawful, or prohibited. Constellation Payments requires sellers of prescription drugs to abide by all laws applicable to both the buyer and seller and we may require Customer to provide evidence of compliance with these requirements. In addition, due to the complexities of current laws regulating the importation of controlled drugs into the United States, Customer may not use the Services to sell prescription drugs that are imported into the United States from an international location. The foregoing list is a non-exhaustive list of prohibited goods and services;
- is associated with electronic cigarettes (i.e. “e-cigarettes”) or any similar product;
- is associated with the sale of weapons, including but not limited to firearms and ammunition;
- is associated with hazardous materials, combustibles and/or corrosives;
- is associated with money laundering;
- is associated with the sale of stocks, bonds, securities, options, futures, or investments in any entity or property, including (but not limited to) corporations and partnerships not in accordance with applicable securities regulations;
- is associated with any other product or service that is prohibited by Constellation Payments in its discretion and notice of which is given by Constellation Payments to Customer.
D. Lists Not Exhaustive.
The list of activities not allowed is not exhaustive, and may be updated at any time in order by Constellation Payments. Any uncertainty of acceptable activities in connection with the Agreement or the Constellation Payments Services should be clarified by contacting the Vice President of Payment Services at 330 South Warminster Road, Suite 358, Hatboro, Pennsylvania 19040 (phone no. 267-287-1032); provided, however, that Constellation Payments may change the individual to be contacted for such a clarification and/or his or her address or phone number at any time without notice to Customer.
Furthermore, any action, inaction of other use of the Constellation Payments Services by Customer that causes Constellation Payments to lose, in whole or in part, the services of, or suffer other adverse consequences (including, without limitation, becoming liable for damages, fines or penalties) from, its sponsoring banks, Internet Service Providers or other suppliers is not allowed. If Customer uses or attempts to use the Constellation Payments Service for purposes other than expressly permitted herein (including, without limitation, tampering, hacking, modifying or otherwise corrupting the security or functionality of the Constellation Payments Services), Customer’s account may be terminated and Customer may be subject to, among other consequences, damages, fines and other penalties.