"FraudRecord" is a service for online merchants that operates on a database which uses data collected from participating members and helps them identify clients with a history of misbehavior.

By accepting this agreement during registration and after new updates to this agreement, you agree that your use of the FraudRecord database and/or any products or services that utilize the database, is subject to the terms and conditions set forth in this FraudRecord Terms of Service Agrement ("Agreement").

DEFINITIONS

(a) "FraudRecord Service" is the set of products and services provided by FraudRecord.

(b) "Client" is an online user and account registration for the purpose of using your website or services. This registration or user account creation may or may not include a transaction or payment.

(c) "Misbehaving Client" is a client whose actions while registering or using a service can be considered harmful or detrimental to the service, the provider, or the other clients using the same service. The content in which a client can be considered "misbehaving" is described further in this agreement.

(d) A FraudRecord "Member" is any online entity that have registered and agreed to use FraudRecord service in accordance with this agreement.

(e) "FraudRecord Database" or "Database" is the set of data submitted by members and made accessible by FraudRecord to members to identify misbehaving clients.

LIMITED GRANT OF RIGHTS

You agree to use the FraudRecord services and products only in a manner that is consistent with applicable laws.

APPROPRIATE USES OF THE FRAUDRECORD SERVICE

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

(a) You may only submit data to FraudRecord Service for the purposes of testing the service, checking the history of a new or existing client, reporting a misbehaving client, and similar business purposes.

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

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

(i) submitting queries designed to extract information from the FraudRecord Database, for the purposes other than validating the history of a client.

(ii) submitting false or fictitious reports, except for the purpose of testing in which case the report must be deleted after testing is completed.

(iii) using automated or manual means to replicate a part or the entirety of the FraudRecord database, or building an identical or derivative database based on the FraudRecord database.

(iv) attempting to compromise the security and integrity of the FraudRecord database and/or services.

(d) If FraudRecord, in its sole discretion, finds or suspects that you are using the FraudRecord Service in an unacceptable manner, FraudRecord may immediately restrict, suspend, or terminate your use of the FraudRecord Service.

SECURITY

You are responsible for all activities that occur under your account and under your password, API code, and similar mechanisms for account access, and you shall keep your Passwords confidential. FraudRecord is not responsible for any actions that may affect you or your company due to unauthorized access to your account.

DATA COLLECTION AND PRIVACY

FraudRecord collects, stores and makes available information generated by members through the use of the service. Collected data is used solely for the purpose of providing fraud prevention service. All obtained data is anonymized prior to reaching FraudRecord servers, thus cannot be used as a source of personally identifiable information.

Data privacy is governed by FraudRecord Privacy and Security Policy.

OWNERSHIP OF INFORMATION

You acknowledge and agree that all information submitted to FraudRecord servers become the property of FraudRecord, and FraudRecord reserves the right to keep this information indefinitely and use the information in any means deemed necessary for proper functioning of the Service. FraudRecord will not sell, rent, or otherwise make available this information to third parties except for the purpose of providing fraud prevention service.

DEFINITION OF MISBEHAVOUR

Member companies may submit information to FraudRecord on clients who conduct misbehaviour. FraudRecord respects the right of Members to decide what constitutes a misbehavour, however FraudRecord does not necessarily agree that any specific behaviour of a client constitutes a misbehaviour. FraudRecord reserves the right to decide what constitutes a misbehaviour acceptable to be kept on the Database. Client misbehaviour acceptable by FraudRecord includes but is not limited to;

(a) Fraudulent Activity: Using stolen credit cards, payment accounts, email addresses or any other means that violate the rights of the individual with the legal claim to the means.

(b) Spamming: Using online services to send unsolicited email.

(c) Chargeback or Non-Payment: Failing to provide payment or issuing a chargeback or a retraction of the payment to which the services have been provided.

(d) Phishing, Illegal Content, Criminal Content, Misdemeanor: Using online services to host content that violates the local or international laws.

(e) Excessive Resource Use: Using server, service, or human resources excessively, causing service interruptions that affect other users of a service, or abusing staff members.

(f) Public Threats: Issuing threats of public slander, libel or similar types of abuse with the intention of causing business damage.

PAYMENTS

Majority of FraudRecord Services are provided free. Some services may be provided for a one-time or recurring payment. All payments to FraudRecord are nonrefundable. This includes one time fees, recurrent fees, and subsequent charges regardless of usage. Member shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by FraudRecord according to the terms herein. If you dispute a charge to your credit card issuer or payment provider, FraudRecord may decide to terminate or deny any existing or future services provided to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold FraudRecord harmless with respect to any claims, damages, awards, or assessments resulting in whole or in part from your breach of any representation or warranty made under this Agreement.

CHANGES TO THE AGREEMENT

(a) FraudRecord reserves the right to change or amend this Agreement at any time. Any changes will be effective 30 days after publication of the updated agreement, or the date FraudRecord provides notice to Members of the effective date. Your continued use of the Service will constitute your acceptance of the changes.

NO CONSEQUENTIAL DAMAGES/LIMITATION ON LIABILITY

Under no circumstances, FraudRecord will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or data, that are directly or indirectly related to the use of or the inability to access and use the Database and related services. The total liability of FraudRecord is limited to the amount of fees actually paid by you, if any, during the twelve months immediately preceding the occurence.

NO WARRANTIES

FraudRecord Service is provided "as-is", with no warranty, express or implied, with respect to their capability, accuracy, or completeness. All warranties of any type, express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights are expressly disclaimed. Since the Database consists of Member supplied information, FraudRecord does not guarantee the accuracy or uninterrupted availability of any product or service.

GOVERNING LAW

This Agreement will be governed primarily by the laws of Turkey, in addition to the laws of Illinois, where the servers and the Database resides. Any conflicts or disputes will be resolved by the courts and legal authorities of Turkey.

MISCELLANEOUS

FraudRecord reserves the right to refuse service to anyone at any time for any reason.

FraudRecord may send you offers from our sponsors or partner companies. Your email address will not be shared with either.

Anything not explicitly stated in this Terms of Service is subject to interpretation at FraudRecord's sole and absolute discretion.

You, as a FraudRecord Member, are solely responsible for the content submitted by you to the Service.

CONTACT

Please direct all questions regarding this Terms of Service to contact@fraudrecord.com