Introduction

The primary purpose of ClearCard is to facilitate third party billing between the client and their on-line customers. It is ClearCard's intention to allow the client the ability to accept credit cards and other forms of payment from customers for access to client's site or services with minimal or no interference from us. However, many of the individual credit card providers have specific guidelines for use. In addition, many Service Providers also have specific guidelines pertaining to general use of the Internet.

As the Internet expands, it is increasingly common for an Internet Service Provider, such as ClearCard, to be blocked from use of another organization's systems due to violations of that system's Acceptable Use Policies (AUP). Because ClearCard runs multi-user systems, client actions can have a severe impact on other clients' ability to use the system(s). This is unfair to all ClearCard users. To this end, ClearCard has developed these Acceptable Use Policies (AUP). They are intended to inform the client of what ClearCard considers being acceptable conduct in relation to the Internet, and of what actions we may take, with or without notice, in the event that ClearCard becomes aware of inappropriate use of its service.

This AUP will be used to help ClearCard's system administrators deal with complaints from users of ClearCard or other Internet-connected systems, and to determine when action should be taken. It is expected that the client will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of ClearCard's technical resources, ability to continue to provide high quality service to the client, and protect ClearCard's reputation as a service provider.

ACCESS TO CLEARCARD’S SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING:

Security

The client is responsible for all use of their account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. ClearCard will suspend or change access to your account(s) immediately upon notification by you that your password has been lost, stolen or otherwise compromised. ClearCard is not liable for any usage and or charges prior to ClearCard making the necessary account alteration. Electronic mail on this system is as private as ClearCard can make it. The client is reminded that no computer network can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted - and even encrypted information is only as secure as the encryption method utilized.

CyberCredit takes customer data security very seriously. We have designed one of the safest and most error-free systems on the Internet. As part of our commitment to providing the highest level of security, we engage expert, third party vendors to conduct regular reviews of our security systems, and to ensure that our standards are not compromised.

We also take steps to safeguard customer information. We restrict access to your personal and account information to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information.

Non-Transferability of Account

The right to use ClearCard's Internet service is not transferable. Use of ClearCard's accounts is expressly limited to the individual or business whose name appears on the contract.

Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by ClearCard and may result in termination of any and all accounts held by the individual, corporation, or website associated with these violations. Your cooperation is necessary to insure that referrers to any of your website covered by ClearCard's Agreement comply with ClearCard's AUP. If a referrer for your website violates any of the following policies, ClearCard expects you to make certain that the referrer complies with our AUP, or that you stop accepting referrals from the referrer. Continuing violation by the referrer may result in ClearCard at its discretion having to terminate the agreement with you.

1. Spamming or Harassment

A. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).

B. Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.

C. Engaging in either (1) or (2) from a provider other than ClearCard to draw attention to a website housed within ClearCard’s networks or covered by ClearCard’s agreement with the client.

D. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by ClearCard.

E. Mail bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts.

F. Impersonating another user or otherwise falsifying one's user name in E-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

2. Network Unfriendly or Illegal Activity

A. Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

B. Attempts to interfere with the regular workings of ClearCard’s systems or network connections or which adversely affect the ability of other people or systems to use ClearCard’s services or the Internet.

C. Any unauthorized attempts by a user to gain access to any account not belonging to that user on this or any other of ClearCard’s systems.

D. Any activity, which violates any local, state, U.S., or international law or regulation.

E. Repeated submissions of transactions to ClearCard utilizing the same or similar IPs with varying identification information.

F. Failure to comply with 18 U.S.C. Section 2257 regarding record keeping and notification of record location.

3. Violation of ClearCard Policy

A. Any attempt to bypass or remove ClearCard’s name, logo, or customer support link from the signup page.

B. Failure to fulfill access or services sold to customer in either a trial transaction, regular transaction, or recurring transaction.

C. The posting or display of any image using a model or models under the age of 18 years anywhere on the site whether the models are clothed or unclothed.

D. Marketing the site utilizing content including "Lolita", "Pedo", "Pre-teen" or any other descriptions that would lead someone to believe that the models are less than 18 years of age. In addition, this pertains to URL and meta tags.

E. The posting or display of any image or wording depicting or related to rape anywhere on the site.

F. The posting or display of any image or wording depicting or related to bestiality anywhere on the site.

G. Any attempt to sell or transfer materials deemed that violates or infringes any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. ClearCard makes every attempt in such cases to work with both U.S. and foreign law enforcement agencies to provide information about the providers and purchasers of such material.

H. MasterCard specifically prohibits the use of MasterCard's registered marks including the word "MasterCard" and/or their logo on any site without their written permission.

I. Any attempt to mislead the consumer as to the actual pricing of the site, whether it be for initial or recurring charges.

J. Use of blind links to ClearCard.cgi. Users should have a reasonable expectation of getting a signup form when they click the link.

K. No part of the site may be hosted on a free web host or anywhere, which violates the host's AUP policy.

L. The members area of the site may not be inaccessible to users for more than a 24-hour period at a time, and not more than one 24-hour period in a 30-day period.

M. If client chooses to utilize the rebilling option for sites containing member areas, the members area must be updated in a time frame that is equal to or less than the rebilling cycle. For example, if the client bills every thirty days, they must update their members area at least every thirty days.

N. ClearCard will not process transactions for websites offering shell accounts. ClearCard may cancel any accounts whose primary use can be determined as supporting the use of bots such as Eggdrop or any other programs executed on a server through a Telnet or a dial-up account.

4. ClearCard's Right to Cancel

In the event client’s account is suspended for unacceptable conduct or suspicion of fraud, all rebilling members may be cancelled and all monies held for a period of six months to one year. In addition, ClearCard reserves the right, where feasible, to implement technical mechanisms, which prevent the occurrences listed above. Furthermore, ClearCard is under no obligation to notify client of its actions.

Compliance with Rules of Other Networks

Any access to other networks connected to ClearCard’s Internet service must comply with the rules for that network as well as with ClearCard’s rules.

Monitoring/Privacy

ClearCard reserves the right without your permission to monitor any and all communications through or with its facilities as well as all Client's sites for compliance with this AUP and ClearCard's Terms and Conditions. ClearCard may also be required to provide access to Client's websites to representatives of the card associations and/or their acquiring members for monitoring for compliance with their operating rules. Client agrees that ClearCard is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for ClearCard's employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. ClearCard also reserves the right to access client's mailboxes or other files stored on its systems to resolve system problems or mail system errors.

Cooperation with Authorities

ClearCard reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or E-mail containing threats of violence or other illegal activity.

Confidentiality of Personal Subscriber Information

ClearCard will not release client’s or a Customer’s personal subscriber information, nor client’s or a Customer’s billing information, to any third party except upon presentation of a valid court order, or request to which ClearCard is legally required to respond to, of a government or entity within its jurisdiction. Client agrees that ClearCard’s judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.

ClearCard’s Right to Modify these Acceptable Use Policies

ClearCard may modify these Acceptable Use Policies in any way, at any time. Your use of ClearCard’s services after such notice has been posted shall constitute your acceptance of the modifications to these policies.

We hope the AUP is helpful in clarifying the obligations of Internet users, including ClearCard and its clients, as responsible members of the Internet. Any complaints about a client's violation of the AUP should be sent to merchants@clearcard.com