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jd2004 · 02-18-2004, 02:18 PM

this guy blows

Dear Jason:

Reproduced below are the relevant sections of the TOS contract you agreed to when you became a vendor.

Terms of Service
?Supplier Agreement?

II. Legal Notice:

2Checkout.com, Inc. will hereafter be referred to as ?the Company.? Individuals or business entities under contract to provide services or products to the Company will hereafter be referred to as ?the Supplier(s)? or ?a Supplier.?

The Supplier assumes full responsibility for the decision to utilize 2Checkout.com affiliated services ?as is? and disclaims any implied warranties including for merchantability, fitness for a particular purpose and non-infringement.

Term and Cancellation
The term of this Agreement shall continue until a notice of cancellation by the Company or Supplier is given, or until terminated under other provisions of this Agreement.

Suppliers may close their account with the Company at any time.

The Company reserves the right to terminate this agreement and close a Supplier account at any time

IV. Operational Requirements:
Goods and Services
The Company prohibits the registration or sale of specific goods and services. For a complete and up-to-date listing of prohibited items please click HERE (http://www.2checkout.com/products.htm).

Suppliers in violation of the prohibited products requirement will be warned to remove the products or services from the Company?s registered products offering. Failure to comply after the warning period expires will result in account termination and potential forfeiture of commission on account.

III. Fulfillment Contract:
Hereafter 2Checkout.com, Inc. shall be referred to as ?the Company.?

The contracting individual or business shall hereafter be referred to as ?the Supplier.?

The 2Checkout.com, Inc. Fulfillment Contract is the contract between the Company and the 2Checkout.com, Inc. Supplier (You).

Sale of Goods
If you register products with the Company you agree that the Company will purchase your product for possible resale to retail consumers.

What types of products/services can be sold?

Your products/services must be legal for sale in all states, provinces, and countries where you accept customers.

The following products and services cannot be sold:

Online Subscription Pornography & Adult Subscription Content
You can NOT sell any Adult subscription services, chat, or any pornography (pictures, videos, DVDs, magazines).

pornography

[pôr-'nä-gre-fe]

: material that depicts erotic behavior and is intended to cause sexual excitement
Note: Pornographic material is protected expression unless it is determined to be obscene. However, child pornography is illegal under federal and state laws prohibiting the depiction of minors in sexual acts.

Now, let?s look at some things here. I have in my possession several nude photographs taken from your site.

There is one picture of Jen where she is simulating masturbation and another close up of her hand on her vagina. There are several of Battina engaged in French kissing another girl. This material depicts erotic behavior and is intended to cause sexual excitement. Additionally, one has to wonder about the ages of several of these girls.

Let?s also talk about links. The following links are on your site.

Ø aznFETISH.com <http://www.aznfetish.com>
> aznWHORES.com <http://www.aznwhores.com>
> modelCHIX.net <http://www.modelchix.net>
> Roxy-Cam.com <http://www.roxy-cam.com>
> JayHosting.com <http://www.jayhosting.com>

These lead to nude sites. For example modelchix.net has a link to j18.com which shows male genitalia and masturbation by a young Asian woman using a vibrator. Some of the other sites offer video chat. Do I really need to go any further?

Yes, Jason, you site is pornographic.

That violates the TOS. Moreover, you get to your alleged non nude by going through what appears to be a legitimate web hosting site. In short, you are hiding what you are doing. This gives us the right to shut you down. However, when you are also representing to us that your site is doing something kosher will taking money for doing something that violates the TOS, you are stealing from us ? fraud

fraud

Latin fraud- fraus

1 a: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage

specif
: a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby

b: the affirmative defense of having acted in response to a fraud

2: the crime or tort of committing fraud
Example: convicted of securities fraud
(see also misrepresentation)
Note: A tort action based on fraud is also referred to as an action of deceit.

--------------------------------------------------------------------------------

actual fraud
: fraud committed with the actual intent to deceive and thereby injure another
(called also fraud in fact)
(compare constructive fraud in this entry)

--------------------------------------------------------------------------------

constructive fraud
: conduct that is considered fraud under the law despite the absence of an intent to deceive because it has the same consequences as an actual fraud would have and it is against public interests (as because of the violation of a public or private trust or confidence, the breach of a fiduciary duty, or the use of undue influence)
(called also legal fraud)
(compare actual fraud in this entry)

--------------------------------------------------------------------------------

equitable fraud
: "constructive fraud" in this entry (used esp. in New Jersey)

--------------------------------------------------------------------------------

extrinsic fraud
: fraud (as that involved in making a false offer of compromise) that induces one not to present a case in court or deprives one of the opportunity to be heard

also
: fraud that is not involved in the actual issues presented to a court and that prevents a full and fair hearing
(called also collateral fraud)
(compare intrinsic fraud in this entry)

--------------------------------------------------------------------------------

fraud in fact
: "actual fraud" in this entry

--------------------------------------------------------------------------------

fraud in law
: fraud that is presumed to have occurred in light of the circumstances irrespective of intent to deceive

--------------------------------------------------------------------------------

fraud in the factum
: fraud in which the deception causes the other party to misunderstand the nature of the transaction in which he or she is engaging esp. with regard to the contents of an instrument (as a contract or promissory note)
(called also fraud in the execution)
(compare fraud in the inducement in this entry)

--------------------------------------------------------------------------------
This fraud gives us the right to demand you return all money paid to you by 2Checkout.com.

Ronald Sebree, Esq.
Legal Department
2Checkout.com

02-18-2004, 02:18 PM
jd2004 Registered User Join Date: Feb 2004 Posts: 14	this guy blows Dear Jason: Reproduced below are the relevant sections of the TOS contract you agreed to when you became a vendor. Terms of Service ?Supplier Agreement? II. Legal Notice: 2Checkout.com, Inc. will hereafter be referred to as ?the Company.? Individuals or business entities under contract to provide services or products to the Company will hereafter be referred to as ?the Supplier(s)? or ?a Supplier.? The Supplier assumes full responsibility for the decision to utilize 2Checkout.com affiliated services ?as is? and disclaims any implied warranties including for merchantability, fitness for a particular purpose and non-infringement. Term and Cancellation The term of this Agreement shall continue until a notice of cancellation by the Company or Supplier is given, or until terminated under other provisions of this Agreement. Suppliers may close their account with the Company at any time. The Company reserves the right to terminate this agreement and close a Supplier account at any time IV. Operational Requirements: Goods and Services The Company prohibits the registration or sale of specific goods and services. For a complete and up-to-date listing of prohibited items please click HERE (http://www.2checkout.com/products.htm). Suppliers in violation of the prohibited products requirement will be warned to remove the products or services from the Company?s registered products offering. Failure to comply after the warning period expires will result in account termination and potential forfeiture of commission on account. III. Fulfillment Contract: Hereafter 2Checkout.com, Inc. shall be referred to as ?the Company.? The contracting individual or business shall hereafter be referred to as ?the Supplier.? The 2Checkout.com, Inc. Fulfillment Contract is the contract between the Company and the 2Checkout.com, Inc. Supplier (You). Sale of Goods If you register products with the Company you agree that the Company will purchase your product for possible resale to retail consumers. What types of products/services can be sold? Your products/services must be legal for sale in all states, provinces, and countries where you accept customers. The following products and services cannot be sold: Online Subscription Pornography & Adult Subscription Content You can NOT sell any Adult subscription services, chat, or any pornography (pictures, videos, DVDs, magazines). pornography [pôr-'nä-gre-fe] : material that depicts erotic behavior and is intended to cause sexual excitement Note: Pornographic material is protected expression unless it is determined to be obscene. However, child pornography is illegal under federal and state laws prohibiting the depiction of minors in sexual acts. Now, let?s look at some things here. I have in my possession several nude photographs taken from your site. There is one picture of Jen where she is simulating masturbation and another close up of her hand on her vagina. There are several of Battina engaged in French kissing another girl. This material depicts erotic behavior and is intended to cause sexual excitement. Additionally, one has to wonder about the ages of several of these girls. Let?s also talk about links. The following links are on your site. Ø aznFETISH.com <http://www.aznfetish.com> > aznWHORES.com <http://www.aznwhores.com> > modelCHIX.net <http://www.modelchix.net> > Roxy-Cam.com <http://www.roxy-cam.com> > JayHosting.com <http://www.jayhosting.com> These lead to nude sites. For example modelchix.net has a link to j18.com which shows male genitalia and masturbation by a young Asian woman using a vibrator. Some of the other sites offer video chat. Do I really need to go any further? Yes, Jason, you site is pornographic. That violates the TOS. Moreover, you get to your alleged non nude by going through what appears to be a legitimate web hosting site. In short, you are hiding what you are doing. This gives us the right to shut you down. However, when you are also representing to us that your site is doing something kosher will taking money for doing something that violates the TOS, you are stealing from us ? fraud fraud Latin fraud- fraus 1 a: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage specif : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby b: the affirmative defense of having acted in response to a fraud 2: the crime or tort of committing fraud Example: convicted of securities fraud (see also misrepresentation) Note: A tort action based on fraud is also referred to as an action of deceit. -------------------------------------------------------------------------------- actual fraud : fraud committed with the actual intent to deceive and thereby injure another (called also fraud in fact) (compare constructive fraud in this entry) -------------------------------------------------------------------------------- constructive fraud : conduct that is considered fraud under the law despite the absence of an intent to deceive because it has the same consequences as an actual fraud would have and it is against public interests (as because of the violation of a public or private trust or confidence, the breach of a fiduciary duty, or the use of undue influence) (called also legal fraud) (compare actual fraud in this entry) -------------------------------------------------------------------------------- equitable fraud : "constructive fraud" in this entry (used esp. in New Jersey) -------------------------------------------------------------------------------- extrinsic fraud : fraud (as that involved in making a false offer of compromise) that induces one not to present a case in court or deprives one of the opportunity to be heard also : fraud that is not involved in the actual issues presented to a court and that prevents a full and fair hearing (called also collateral fraud) (compare intrinsic fraud in this entry) -------------------------------------------------------------------------------- fraud in fact : "actual fraud" in this entry -------------------------------------------------------------------------------- fraud in law : fraud that is presumed to have occurred in light of the circumstances irrespective of intent to deceive -------------------------------------------------------------------------------- fraud in the factum : fraud in which the deception causes the other party to misunderstand the nature of the transaction in which he or she is engaging esp. with regard to the contents of an instrument (as a contract or promissory note) (called also fraud in the execution) (compare fraud in the inducement in this entry) -------------------------------------------------------------------------------- This fraud gives us the right to demand you return all money paid to you by 2Checkout.com. Ronald Sebree, Esq. Legal Department 2Checkout.com