MINFRAUD SERVICE TERMS OF USE

Last Updated: 2013/10/03

The "minFraud Service", a service offered by MaxMind, uses data from the GeoIP Databases, Open Proxy Databases, and BIN Databases combined with recognized fraud risks to help merchants identify potentially fraudulent online transactions.

The terms and conditions of the MaxMind GeoIP End User License Agreement (the "GeoIP EULA") apply in full to your use of the minFraud Service and are incorporated herein by reference. The terms in these minFraud Service Terms of Use are intended to create additional restrictions upon your use of the minFraud Service, beyond those restrictions set forth in the GeoIP EULA. In the event of a conflict between these minFraud Service Terms of Use and the GeoIP EULA, the latter shall control.

DEFINITIONS

(a) "Open Proxy Databases" refers to a data service that is provided by MaxMind and that provides open proxy information about IP addresses.

(b) "BIN Databases" refers to databases that are compiled and maintained by MaxMind and that list bank identification numbers and information (e.g., bank name, bank customer service number) associated with those specific bank identification numbers. Data available through the BIN Databases is referred to herein as the "BIN Data".

Unless otherwise noted, all other capitalized terms used in this minFraud Service Terms of Use Policy are defined as indicated in the MaxMind GeoIP EULA.

APPROPRIATE USES OF the minFraud SERVICE

Using the minFraud Service constitutes an agreement to restrict your use to appropriate uses of the service as outlined in this section.

(a) You may not use the minFraud Service in any way that violates federal, state, local, international law or the rights of others.

(b) You may submit data to the minFraud Service only for the purposes of (i) testing the minFraud Service; (ii) validating credit card transactions, other transactions for online and e-commerce payments, credit card applications, and user and account registrations for online forums and services you offer (each an "Online Transaction" and collectively "Online Transactions"); and (iii) other similar business purposes.

(c) Unacceptable uses of the minFraud Service include, but are not limited to, the following:

(i) submitting queries designed to extract information from the GeoIP Databases or the BIN Databases, if such information is not specifically to be used for the validation of an Online Transaction;

(ii) submitting false or fictitious input fields, including but not limited to, IP address, BIN number, and billing location (except for the limited purpose of testing the minFraud Service);

(iii) using a robot, spider, other automatic device, or manual process to monitor or copy the GeoIP Databases, GeoIP Data, BIN Databases, or BIN Data;

(iv) building derivative databases based on the information provided by the minFraud Service; or

(v) taking any action designed to compromise security or tamper with system resources and/or accounts.

(d) In addition, the parties understand and agree that MaxMind is not a consumer-reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. ("FCRA"), and that the minFraud Service provided to Licensee hereunder does not constitute "Consumer Reports," as defined in the FCRA. Licensee agrees that Licensee will not use the minFraud Service to determine any consumer's eligibility for any product or service to be used by a consumer for personal, family, or household purposes. Licensee will not use the minFraud Service in whole or in part (i) as a factor in establishing a consumer's eligibility for credit, (ii) as a factor in establishing a consumer's eligibility for insurance, (iii) for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, or (v) in connection with any permissible purpose as defined by the FCRA. Any use of the minFraud Service by Licensee in violation of this paragraph shall also constitute an unacceptable use.

(e) If MaxMind, in its sole discretion, finds or suspects that you are using the minFraud Service in an unacceptable manner, MaxMind may immediately restrict, suspend, or terminate your use of the minFraud Service. Activities that may trigger such a response by MaxMind include, but are not limited to, repeated discrepancies between credit card data (e.g., billing address, bank identification numbers (BINs), names or phone numbers) entered by you and the applicable information of record for the associated cardholders.

SECURITY

You are responsible for all activities that occur under your account and under your password, license key, and similar mechanisms for account access (collectively "Passwords"), and you shall keep your Passwords confidential. You shall immediately notify MaxMind of any unauthorized use of your Passwords or account or any other breach of security.

DATA COLLECTION

You agree that MaxMind may collect, store, and share information generated through use of the minFraud Service. MaxMind shall use personally identifiable information obtained through the minFraud Service solely for the purposes of enhancing its IP geolocation, fraud detection, and demographic targeting services and solutions. Under no circumstances shall MaxMind disclose to any unaffiliated third parties any email address, phone number, customer name, or physical address that is obtained through the minFraud Service and that can be associated with any merchant or individual consumer unless such disclosure (a) is approved or requested by the person whose identifying information is released, (b) is required by law, or (c) is reasonably necessary to protect the rights, property, or safety of MaxMind, its users, or the public. MaxMind reserves the right to use non-identifying information (e.g., consumer browser type, IP address, operating system, url visited, etc.) generated through use of the minFraud service for any purpose.

PRIVACY POLICY

MaxMind has posted on its website a privacy policy disclosing the privacy practices of MaxMind and providing appropriate mechanisms for consumers to control the use of their personal information. MaxMind encourages its licensees to adopt and post a privacy policy explaining their own internal privacy practices.