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Merchant Service Center, a wholly owned subsidiary of iPayment, Inc., is a registered ISO of Wells Fargo Bank, N.A., Walnut Creek, CA
© 2007 Merchant Service Center.
All Rights Reserved.
Terms of Use and Notices  |   MSC Privacy Statement  |   Spam Information


Terms

Header ArrowMerchant Service Center
Terms of Use and Notices | Last Updated: August 2004 | Credit Cards



1. THIS IS AN AGREEMENT BETWEEN YOU AND MERCHANT SERVICE CENTER

This is an agreement ("Agreement") between you and Merchant Service Center ("MSC"). This Agreement governs your use of any Web site or Web page operated by MSC (each, a "MSC Web Site," and collectively, the "MSC Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. MSC OFFERS THE MSC WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE MSC WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW MSC MAY MODIFY THIS AGREEMENT MSC

reserves the right to change the terms, conditions, and notices under which it offers the MSC Web Sites, including any charges associated with the use of the MSC Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any MSC Web Site. Your continued use of the MSC Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any MSC Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that MSC Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a MSC Web Site, then the terms in this Agreement shall control.

4. NO UNLAWFUL OR HARMFUL USE OF THE MSC WEB SITES

You will not use the MSC Web Sites in any way that is unlawful, or harms MSC, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "MSC Party" and collectively, the "MSC Parties") or any customer of a MSC Party, as determined in MSC's sole discretion. MSC may tell you about certain specific harmful uses in a code of conduct or other notices available through a MSC Web Site, but has no obligation to do so. You may not use the MSC Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the MSC Web Sites. Without limiting the generality of this section, you may not use the MSC Web Sites in any manner that could damage, disable, overburden, or impair any MSC Web Site (or the network(s) connected to any MSC Web Site) or interfere with any other party's use of the MSC Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the MSC Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the MSC Web Sites in any way that violates the MSC Anti-Spam Policy. You may view the Anti-Spam Policy at privacy@merchantservicecenter.com. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. MSC may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the MSC Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the MSC Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to MSC related to the MSC Web Sites (a "Submission"), you grant MSC permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the MSC Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. MSC will not pay you for your Submission. MSC may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law.

7. SOFTWARE

Your use of any software associated with the MSC Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software.

8. INFORMATION AVAILABLE FROM THE MSC WEB SITES MSC

and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the MSC Web Sites . MSC and its suppliers do not authorize the use of information available from the MSC Web Sites, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

9. MSC MAKES NO WARRANTY

MSC PROVIDES THE MSC WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MSC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE MSC PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE MSC WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY MSC PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE MSC WEB SITES, EVEN IF SUCH MSC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE MSC WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY MSC PARTY WITH RESPECT TO THIS AGREEMENT OR THE MSC WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MSC WEB SITES.

11. CHANGES TO THE MSC WEB SITES; ADDITIONAL LIABILITY LIMITATION THE MSC PARTIES MAY CHANGE THE MSC WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.

As you use the MSC Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by MSC and persons other than MSC (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE MSC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT MSC IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE MSC WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE MSC WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE MSC WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE MSC WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION;

ACCESS RESTRICTION MSC may terminate this Agreement, or terminate or suspend your access to the MSC Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the MSC Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE MSC WEB SITES MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with MSC, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Ohio, without reference to conflict of laws principles. If this Agreement is with a MSC affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such MSC affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject MSC Web Sites are directed. If this Agreement is with MSC, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Summit County, Ohio, USA in all disputes arising out of or relating to the use of the MSC Web Sites. If this Agreement is with a MSCaffiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such MSC affiliate in all disputes arising out of or relating to the use of the MSC Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. MSC may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the MSC Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and MSC with respect to the MSC Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MSC with respect to the MSC Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND MSC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MSC WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the MSC Web Sites are Copyright © 2004 Merchant Service Center and/or its suppliers, 1324 S. Cleveland Massillon Rd., Copley, OH 44321 U.S.A. All rights reserved. Merchant Service Center, MSC, Merchant Service Center logo (Swoosh), and/or other MSC products and services referenced herein may also be either trademarks or registered trademarks of MSC in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. Any rights not expressly granted herein are reserved.

17. FOR INFORMATION REGARDING THE MSC PRIVACY STATEMENT SCROLL DOWN.


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Privacy

Header ArrowMerchant Service Center
MSC Privacy Statement | (last updated: August, 2004)



MSC Privacy Policy

MSC is committed to protecting your privacy. This MSC Privacy Statement applies to data collection and usage on MSC sites and services; it does not apply to other MSC products or services. Please read the MSC Privacy Statement below and also any supplementary information at the end of this statement for additional details about particular MSC sites and services that you may use.

MSC is a corporate audience web site, intended for users 18 years and older. Personal information of all users is collected, used and disclosed as described in this Privacy Statement.

Other MSC services linked to from this Web site, mscinfo.com, merchantpayroll.com, merchanttimeclock.com, mdterminal.com also share this privacy statement.

Collection of your Personal Information

MSC may from time to time collect personal information, such as your e-mail address, name, home or work address or telephone number. MSC may also collect demographic information, such as your ZIP code, age, gender, preferences, interests and favorites. Information collected by MSC may be combined with information obtained from other MSC services and other companies.

All of the registration information you provide will be stored by MSC.

Use of your Personal Information MSC collects and uses your personal information to operate MSC and deliver the services you have requested. These services may include the display of customized content and advertising based upon the information MSC has collected. In order to provide services in conjunction with other MSC products or services, personal information collected by MSC may be accessed and used by other MSC services as necessary to provide such services. Any use of such information within MSC will remain subject to the limitations of this privacy statement.

MSC also uses your personal information to inform you of other products or services available from Merchant Service Center and its affiliates. MSC may also send you surveys regarding current services or potential new services that may be offered.

MSC does not sell, rent or lease its customer lists to third parties. MSC may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) is not transferred to the third party. MSC does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

MSC may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on MSC or the site; (b) protect and defend the rights or property of Merchant Service Center, including its MSC family of Web sites; or (c) act in urgent circumstances to protect the personal safety of users of MSC services or members of the public.

Personal information collected on this site may be stored and processed in the United States or any other country in which Merchant Service Center or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. MSC abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Control of your Personal Information

MSC offers its customers choices for the collection, use and sharing of personal information. You may choose not to receive marketing material from MSC or on behalf of external third party business partners. You may also stop the delivery of future promotional e-mail from MSC by following the specific instructions in the e-mail you receive. The instructions explain how to stop receiving such e-mails.

There are some MSC services that send out periodic e-mails informing you of technical service issues, product surveys, new feature announcements and news about MSC products and services. You will not be able to unsubscribe to these mailings, as they are considered a part of the service you have chosen.

Security of your Personal Information

MSC is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.


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Spam Information

Header ArrowMerchant Service Center
MSC Anti-Spam Policy | (last updated: September, 2004)



Merchant Service Center prohibits the use of the MSC Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any MSNC services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Merchant Service Center Services or MSC customers.

In addition, e-mail sent, or caused to be sent to or through MSC Services may not:
  • Use or contain invalid or forged headers;
  • Use or contain invalid or non-existent domain names;
  • Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • Use other means of deceptive addressing;
  • Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
  • Contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • Fail to comply with additional technical standards described below;
  • Otherwise violate Microsoft's Terms of Use.

Merchant Service Center does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the MSC Services. Merchant Service Center does not permit or authorize others to use the MSC Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are Merchant Service Center's confidential and proprietary information. Use of the MSC Services is also subject to the MSC Privacy Statement and the MSC Website Terms of Use and Notices.

Merchant Service Center does not permit or authorize any attempt to use the MSC Services in a manner that could damage, disable, overburden or impair any aspect of any of the MSC Services, or that could interfere with any other party's use and enjoyment of any MSC Service.

If Merchant Service Center believes that unauthorized or improper use is being made of any MSC Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Merchant Service Center may immediately terminate any account on any MSC Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the MSC Services. Failure to enforce this policy in every instance does not amount to a waiver of Merchant Service Center's rights.

Merchant Service Center maintains computer equipment in Ohio and Nebraska, and unauthorized use of the MSC Services will lead to use of equipment in these states. Unauthorized use of the MSC Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. ?1030, et seq.); the Washington Unsolicited Electronic Mail Act (R.C.W. 19.190.010, et seq.); and California Business & Professions Code 17538.45 and other state and federal laws.

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