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It is illegal to do so. You signed a merchant agreement with your CC processor (which by the way 2.5% is a little much) and you stated you are selling cat furniture. This is turned in to Visa/MasterCard & Amex & Discover if you chose them. They all review the site & all links. Everything is found to be on the up & up. So you are approved.
Now it does not even matter if you add adult content. Let's say you start to sell cell phone batteries. And someone does a chargeback. You are in trouble since you told the above companies you are selling cat furniture.
Have people thought about it - yes. Have they been caught - yes. One of the reasons that Visa/MasterCard implemented the extra charges for adult websites. And some are placed on the MATCH list. And this could screw you over for the rest of your life if you ever wanted to accept Visa/MasterCard for another business.
You actually do not have to pay 15% - there are some other processors out there that do handle audio / video text & it is your own merchant account & not going thru a third party. That is why those charges are higher because the risk is even higher then.
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