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LightscapeMedia 02-13-2012 04:39 PM

Selling porn on Ebay using Paypal
 
Both my associate and I started selling adult zip files on Ebay. I started about 3 weeks ago, and he started just this past weekend. My listings and Paypal account, thus far are intact.. no issues.

His Paypal account, on the other hand got frozen after only a day and one sale.

I've read both Paypal and Ebay's rules regarding selling adult items and the only violation I can see that he made is selling it as a download, rather than a physical CD. Here's his listing:

(I had him repost the listing for reference purposes.. he took the Paypal option off)
http://cgi.ebay.com/ws/eBayISAPI.dll...m=260956575845

Here is one other guy offering the exact same thing, and he seems to have been doing it for quite a while now:
http://www.ebay.com/itm/Trisha-Batht...-/120833880959

Can anyone tell me how this guy's getting away with it but my associate's account got frozen? Is it as simple as this guy just hasn't gotten caught yet? Or is he doing something I'm missing to fall within Paypal and Ebay's TOS?

brassmonkey 02-13-2012 05:03 PM

depends on the worker they love to freeze accounts seems to be random. check out that forum about paypal.

LightscapeMedia 02-13-2012 05:09 PM

Quote:

Originally Posted by brassmonkey (Post 18757473)
depends on the worker they love to freeze accounts seems to be random. check out that forum about paypal.

Which forum? I'd like to read it.

Max Potential 02-13-2012 05:12 PM

Based on my experiences and understanding, I think you are correct concerning the product being downloaded vs. sent on cd. With PP they are anal about the whole delivery confirmation thing and thus the digital product does not provide as such. I think if you offered in via the cd you would be safe as far as PP is concerned as you would actually be selling a tangible/deliverable product.

The other thing to consider is that neither PP or ebay tend to get involved or do anything unless something is reported by another user. Maybe a competitor saw what your friend had going listing it as downloadable and reported it to ebay?

LightscapeMedia 02-13-2012 05:14 PM

Quote:

Originally Posted by Max Potential (Post 18757491)
Based on my experiences and understanding, I think you are correct concerning the product being downloaded vs. sent on cd. With PP they are anal about the whole delivery confirmation thing and thus the digital product does not provide as such. I think if you offered in via the cd you would be safe as far as PP is concerned as you would actually be selling a tangible/deliverable product.

Do you think the other guy I linked has just gotten lucky?

Or is it that he's at least offering the tangible CD and leaving it up to the buyer to decide?

brassmonkey 02-13-2012 05:15 PM

Quote:

Originally Posted by LightscapeMedia (Post 18757485)
Which forum? I'd like to read it.

paypalsucks google that won't post the link :)

LightscapeMedia 02-13-2012 05:18 PM

Quote:

Originally Posted by brassmonkey (Post 18757501)
paypalsucks google that won't post the link :)

Oh yeah.. I was reading that one earlier when I was trying to find an answer.

papill0n 02-13-2012 05:30 PM

doesnt ebay have a no porn policy ?>

LightscapeMedia 02-13-2012 05:31 PM

Quote:

Originally Posted by papill0n (Post 18757526)
doesnt ebay have a no porn policy ?>

No.. They have a whole section dedicated to it.

Max Potential 02-13-2012 05:38 PM

Quote:

Originally Posted by LightscapeMedia (Post 18757496)
Do you think the other guy I linked has just gotten lucky?

Or is it that he's at least offering the tangible CD and leaving it up to the buyer to decide?


I didnt look real close, but I would assume as much. I know everyone on this site is pretty much programmed to try and sell digital, but when it comes to conventional tools and services such as ebay and paypal, even something as simple as copying that digital zip onto a platter gives you an instant tangible, trackable, verifiable as delivered product and it fits the mold. It makes the whole process easier to manage when there are third parties involved in the financial exchange process.

XD2 02-13-2012 05:38 PM

Quote:

Originally Posted by Max Potential (Post 18757491)
The other thing to consider is that neither PP or ebay tend to get involved or do anything unless something is reported by another user. Maybe a competitor saw what your friend had going listing it as downloadable and reported it to ebay?

This, my understanding is that they don't actively check listings so likely a competitor did report you if you was undercutting them etc.

Operator 02-13-2012 05:40 PM

Take that Light Speed Take That!

LightscapeMedia 02-13-2012 05:46 PM

Quote:

Originally Posted by Operator (Post 18757545)
Take that Light Speed Take That!

I don't know why people keep calling me that.. I'm not the guy from LSU.

brassmonkey 02-13-2012 05:48 PM

Quote:

Originally Posted by papill0n (Post 18757526)
doesnt ebay have a no porn policy ?>

nope just their other company paypal does.

LightscapeMedia 02-13-2012 05:49 PM

Quote:

Originally Posted by brassmonkey (Post 18757559)
nope just their other company paypal does.

And paypal allows it too. Just not for digitally delivered items (according to their TOS). And if that's the reason my friend's account got frozen I can accept that.

My main question really is how are these other guys getting away with it.

brassmonkey 02-13-2012 06:02 PM

Quote:

Originally Posted by LightscapeMedia (Post 18757561)
And paypal allows it too. Just not for digitally delivered items (according to their TOS). And if that's the reason my friend's account got frozen I can accept that.

My main question really is how are these other guys getting away with it.

get permission before starting

Max Potential 02-13-2012 06:06 PM

Quote:

Originally Posted by LightscapeMedia (Post 18757561)
And paypal allows it too. Just not for digitally delivered items (according to their TOS). And if that's the reason my friend's account got frozen I can accept that.

My main question really is how are these other guys getting away with it.

I think things also have to do with how long you have been with ebay/pp as well as the relationships with repeat buyers over the course. Selling on ebay really is a unique experience and something you kind of learn to manuever as to what works in time and your niche of product.

Bottom line, offer your item as tangible and shippable and you should be good. And track it, delivery confirmation is your friend.

LightscapeMedia 02-13-2012 06:09 PM

Quote:

Originally Posted by brassmonkey (Post 18757586)
get permission before starting

I did.. I called and they told me that as long as I offered a CD and left it up to the customer how they wanted it delivered it was within their TOS.

Again, this hasn't happened to me (yet).. it happened to a friend of mine and he was offering both options like I am..

LightscapeMedia 02-13-2012 06:11 PM

Quote:

Originally Posted by starvinmarvin14 (Post 18757594)
Try sending a piece of paper with the download link and a password or whatever. That way you have proof of shipping.

This is an excellent idea!

Max Potential 02-13-2012 06:15 PM

Quote:

Originally Posted by LightscapeMedia (Post 18757598)
I did.. I called and they told me that as long as I offered a CD and left it up to the customer how they wanted it delivered it was within their TOS.

Again, this hasn't happened to me (yet).. it happened to a friend of mine and he was offering both options like I am..

Did you friend call PP and ask what the problem was?

LightscapeMedia 02-13-2012 06:20 PM

Quote:

Originally Posted by Max Potential (Post 18757613)
Did you friend call PP and ask what the problem was?

I'm afraid to. Like I said it wasn't my account that got frozen. My friend was having an issue and called them and the next day his stuff was locked.

I don't want to get on their radar.

[Edit] Misread your question.. he says he called and was given a canned answer. I don't want to call with over $800 sitting in the account pending till the end of the month. I want to pull the money out before I call.

brassmonkey 02-13-2012 06:29 PM

Quote:

Originally Posted by LightscapeMedia (Post 18757598)
I did.. I called and they told me that as long as I offered a CD and left it up to the customer how they wanted it delivered it was within their TOS.

Again, this hasn't happened to me (yet).. it happened to a friend of mine and he was offering both options like I am..

did your friend get permission? what was the reason for the freeze?

Max Potential 02-13-2012 06:34 PM

Quote:

Originally Posted by LightscapeMedia (Post 18757623)
I'm afraid to. Like I said it wasn't my account that got frozen. My friend was having an issue and called them and the next day his stuff was locked.

I don't want to get on their radar.

[Edit] Misread your question.. he says he called and was given a canned answer. I don't want to call with over $800 sitting in the account pending till the end of the month. I want to pull the money out before I call.

I tend to agree with you there. We use ebay/pp and never leave much sitting with them. I would say you probably dont need to call anyone if you are having no problems yourself. Stick by their rules as would be common sense in most conventional selling environments, sell tangible product and track & confirm delivery, and you should really be fine.

LightscapeMedia 02-13-2012 06:40 PM

Quote:

Originally Posted by brassmonkey (Post 18757636)
did your friend get permission? what was the reason for the freeze?

I don't know if that's the reason.. He said he called and they couldn't give him a reason but told him to email another department.. He pasted this message from them when they froze the account.. Luckily he was just getting started and only had $3 in the account.

Dear Paypal User,

We are hereby notifying you that, after a recent review of your account
activity, it has been determined that you are in violation of PayPal's
Acceptable Use Policy regarding your sales / offers of on www.ebay.com.

Therefore, your account has been permanently limited.

Per the User Agreement, when PayPal permanently limits an account due to an
Acceptable Use Policy violation, we may hold your funds up to 180 days.
Once this timeframe has elapsed, PayPal will release any remaining balance
either via bank transfer or issuance of a check. Please log in to your
PayPal account and verify that your account information is accurate, as
PayPal cannot be held responsible for incorrect information provided by the
account holder.
52:18
You will need to remove all references to PayPal from your website/s and/or
auction/s. This includes not only removing PayPal as a payment option, but
also the PayPal logo and/or shopping cart.

The PayPal User Agreement states that PayPal, at its sole discretion,
reserves the right to limit an account for any violation of the User
Agreement, including the Acceptable Use Policy.

Under the Acceptable Use Policy, PayPal may not be used to send or receive
payments for certain sexually oriented materials or services or for items
that could be considered obscene.

The complete Acceptable Use Policy can be found at the following URL:
https://cms.paypal.com/us/cgi-bin/?c...locale.x=en_US

To learn more about the Acceptable Use Policy, please refer to our Help
Center page here:
https://www.paypal.com/us/cgi-bin/helpweb?cmd=_help

We thank you in advance for your cooperation. If you have any questions,
please contact the PayPal Brand Risk Management Department at
[email protected].

HerPimp 02-13-2012 07:04 PM

Possibly contacted and got approval to do so and not roll the dice.

Max Potential 02-13-2012 07:55 PM

The other thing to consider is also the wording in your items description when selling things on ebay. The item title/desc gets carried around in a few different places so if you are using super risque works like porn, fuck, pussy, etc. That would be a flag at the paypal transaction end as well. Not only that, but recently now with international items, its actually printing the item title/desc on the shipping paperwork, it could get embarrassing for the receiver for sure if you as the seller don't watch your words carefully!

brassmonkey 02-13-2012 08:10 PM

Quote:

Originally Posted by LightscapeMedia (Post 18757655)
I don't know if that's the reason.. He said he called and they couldn't give him a reason but told him to email another department.. He pasted this message from them when they froze the account.. Luckily he was just getting started and only had $3 in the account.

Dear Paypal User,

We are hereby notifying you that, after a recent review of your account
activity, it has been determined that you are in violation of PayPal's
Acceptable Use Policy regarding your sales / offers of on www.ebay.com.

Therefore, your account has been permanently limited.

Per the User Agreement, when PayPal permanently limits an account due to an
Acceptable Use Policy violation, we may hold your funds up to 180 days.
Once this timeframe has elapsed, PayPal will release any remaining balance
either via bank transfer or issuance of a check. Please log in to your
PayPal account and verify that your account information is accurate, as
PayPal cannot be held responsible for incorrect information provided by the
account holder.
52:18
You will need to remove all references to PayPal from your website/s and/or
auction/s. This includes not only removing PayPal as a payment option, but
also the PayPal logo and/or shopping cart.

The PayPal User Agreement states that PayPal, at its sole discretion,
reserves the right to limit an account for any violation of the User
Agreement, including the Acceptable Use Policy.

Under the Acceptable Use Policy, PayPal may not be used to send or receive
payments for certain sexually oriented materials or services or for items
that could be considered obscene.

The complete Acceptable Use Policy can be found at the following URL:
https://cms.paypal.com/us/cgi-bin/?c...locale.x=en_US

To learn more about the Acceptable Use Policy, please refer to our Help
Center page here:
https://www.paypal.com/us/cgi-bin/helpweb?cmd=_help

We thank you in advance for your cooperation. If you have any questions,
please contact the PayPal Brand Risk Management Department at
[email protected].

banned for life and there is no appeal to this :(

billywatson 02-13-2012 08:15 PM

Using Paypal as a payment for porn is a huge no-no. They'll freeze your account immediately, and since Paypal is wholly owned by eBay, I'm sure it's a snap for them to catch it.

I used to make a decent living selling amateur VHS tapes off eBay in the late 90s. That all changed by 2002 (or so). I don't know how anyone makes any $$ on eBay anymore, since they implemented all sorts of crazy restrictions on their adult section and buried the "Everything Else" category deep into oblivion.

Tony Soundview 02-13-2012 08:54 PM

I have sold downloadable content for the past year without a problem. My advice is not to use explicit keywords. Sending a dvd is going to cost too much w shipping and paypal fees. Not worth it.


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