It is Plug and Pay Technologies, Inc.’s (hereinafter “PNP”) goal to protect network resources, preserve the security of our network and connecting networks, and preserve the good standing of PNP within the Internet Community.

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive.

 

Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. PNP reserves the right at all times to prohibit activities that damage its commercial reputation and good standing within the Internet Community.

 

When using PNP’s service, please be aware that the following Acceptable Use Policies apply at all times. These Policies have been developed to ensure that you and all other PNP customers have a high quality service that is being used appropriately by all customers. By establishing and using your PNP account, you agree to all of the

 

Policies in this document.

 

1. General Terms and Policies. PNP is a private company providing a commerce gateway between the Internet and Financial networks. PNP’s equipment and facilities may be used to conduct commercial transactions, transfer files, and otherwise use all legal aspects of the Internet, subject to these Policies (hereinafter “the Service.”)

The Service is provided to authorized persons or organizations (hereinafter “Subscriber” or “you”). Any use of the

Service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Policies. If you do not agree to be bound by these Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

 

2. Coverage. If you are an individual Subscriber, these Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all of your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.

 

3. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for PNP to suspend or terminate your account. You agree that PNP has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

• Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal, and international law);
• Using the service for content matter that PNP has determined to be objectionable;
• Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail;
• Using the Service in a manner intended to facilitate, through support of commercial activity, the abuse or violations of the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail;

 

• Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access and/or intercept an account of which you are not the owner or a communication on which you are not the sender or intended recipient;

• Using the Service for unauthorized relays through any third party systems;

• Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;

• Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;

• Engaging in harassment, whether through language, frequency, or size of messages;

• Engaging in business practices which offer fraudulent products or services and/or deceptive sales presentations;

• Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

 

4. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify PNP as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.

 

5. Intellectual Property. PNP does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. If PNP is informed of an alleged copyright or trademark infringement on the Service, PNP will attempt to notify the affected Subscriber(s) of those allegations and secure a response. PNP may, at its sole discretion, remove on a temporary or permanent basis, materials that PNP believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against PNP for any such removal.

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6. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by PNP, neither PNP nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. PNP neither endorses nor is responsible for the accuracy of such material, and you agree that PNP is not responsible for any loss or damage caused by your use of, or reliance on, such material.

You agree to indemnify and hold harmless PNP and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your activity.

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You agree to be liable for any damages or loss of service which results in damages to PNP as a result of any spamming or other violations of this Acceptable Use Policy. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that PNP may pursue any such claims against you in District Court in Suffolk County, New York.

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7. Warranty. WHILE PNP WILL MAKE ITS BEST EFFORT TO MAXIMIZE SYSTEM RELIABILITY AND DATA INTEGRITY, PNP MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY PNP OR ITS EMPLOYEES SHALL CREATE A WARRANTY.

 

THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY PNP ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; PNP DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. PNP DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.

 

8. Privacy. PNP commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. PNP will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive, unless any such information is publicly available. PNP may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service. PNP may provide aggregate data on Subscribers to third parties.

 

9. Data Security. PNP will makes its best effort to ensure the security of all sensitive data submitted in fields specifically designated for holding sensitive data, ex. fields designated for credit card data. PNP will not be responsible for security of any sensitive data submitted in any fields other than these designated fields.

 

10. Plug-N-Pay performs as a payment gateway for the acceptance of cardholder data on behalf of the merchant. Merchants are responsible for the appropriate transmission of cardholder data to Plug-N-Pay systems, once data is accepted by the Plug-N-Pay system the responsibilities of storage, transmission, and processing is the responsibility of Plug-N-Pay.

Plug-N-Pay does not share database encryption keys with customers and instead cryptography is handled by

Plug-N-Pay employees for the security of cardholder data on behalf of the merchant.

 

11. Disputes. You agree that any dispute between you and PNP arising out of your use of the Service or in any way based upon your subscription to and/or use of the Service that cannot be resolved between you and PNP will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association’s office in Nassau County, New York. The arbitration must be held in Suffolk County, New York, and the arbitrator must be a person with experience in online services operation or law.

 

12. Changes. These terms of service and acceptable use policies may be changed at any time and for any reason by PNP. Revised terms and policies will be posted at https://www.plugnpay.com/. Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform support@plugnpay.com at once, and your account will be closed, with a refund of any unused portion of your billing, less applicable termination fees, as of the date of account closure.