Copyright © 2009 CCBILL LLC
CCBill Consumer Terms and Conditions
PLEASE NOTE: CCBill, LLC is an Internet Service Provider and does not have control over any content offered by a CCBill client. CCBill is not a publisher or editor of content and does not store client's content on its servers. In regards to tangible goods that you purchase from a CCBill client's Web site; CCBill does not own, store, ship, control, or know what is being offered, sold, purchased, or shipped.
CCBill adheres to the Digital Millennium Copyright Act. If you have issues that concern intellectual property, please go to the DMCA link on CCBill.com.
Before your transaction can be completed, you must read and agree to these terms and conditions. By applying for access or services, or by purchasing from this Web site, you are agreeing to these terms and conditions, and are agreeing to be legally bound by them. This agreement is subject to change by CCBill at any time. Changes are effective when posted on this site without notice upon each subscriber.
1. Legal Definitions
2. Description of services
CCBill will provide one e-ticket to access the Web site and its contents for which you are purchasing membership and/or CCBill will process as a separate order any transaction for tangible goods you purchase from this Web site. CCBill disclaims all responsibility for the merchandise ordered from this Web site. All customer service for tangible goods is the responsibility of the Seller and you are hereby notified that any inquiries are to be made directly to the customer service contacts listed on the Web site. CCBill provides no warranty or guarantee of any kind, including but not limited to any statements, claims, or descriptions that have been made by the Seller of the tangible goods. CCBill is not responsible for lost shipments or damaged or defective items.
CCBill.com will appear on your credit card, bank statement, or phone bill for all charges made. If multiple venues are joined utilizing any payment method, your statement will list each individual purchase comprising the transaction. CCBill may include other information on your statement based on credit card association, telephone regulation, NACHA, and any other mandated rules and regulations.
If you elect to use your checking account to purchase a subscription to this Web site, an ACH debit will be presented to your bank account. Your agreement with these Terms & Conditions is your approval for CCBill to issue an ACH debit to your account. CCBill will only accept credit/debit cards for transactions involving tangible goods.
4. Payment / Fee
Web sites may have periodic subscription fees that are defined by the owners of the Site at the time of the initial enrollment for subscription. The member is responsible for such fees according to the terms of the Site. Once a member has the ability to access the Web site using the e-ticket assigned to the member, subscription fees become non-refundable.
Pricing for tangible goods will appear on the Web site associated with the item. CCBill will process a single transaction for the total amount of a shopping card including any taxes, shipping and handling charges, and any other miscellaneous charges added by the seller. Returns and refunds are governed by the Seller's terms and conditions. CCBill's responsibility ends with processing the transaction. Any issues involving the product are to be strictly between you and the Seller.
5. Automatic Recurring Billing (If Selected By You On The Sign Up Page)
This paragraph applies to non-tangible goods only. As determined by the content provider of the site, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber seven (7) days before renewal. All special introductory offer Members shall be exempt from the 7-day notification requirement, but subscriber must notify CCBill directly 24 hours prior to the end of the trial/special offer period in order to cancel automatic renewal. All trial/special offer memberships shall renew at the stated membership rate. The maximum term of this agreement is 100 months.
Unless and until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorizes CCBill to charge subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes CCBill to charge subscriber's chosen payment method for any and all additional purchases of services and entertainment provided by the site.
6. Electronic Receipt
CCBill will email a receipt to Subscribers and Purchasers to the email address provided during the initial subscription or purchase. Subscriber may, at any time, request a copy of the account of charges made during the life of their membership to the Site. Requests must be made directly to CCBill. To contact CCBill, refer to the Questions and Contact Information at the end of this document.
At any time, and without cause, subscription to the Web site may be terminated by either CCBill, the site, or the subscriber upon notification to the other by electronic or conventional mail, or by telephone or fax. When the member requests the termination, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.
If you request cancellation or request a refund from CCBill, your bank, card issuer, or phone company due to unauthorized or fraudulent use, CCBill can at its discretion, to prevent further unauthorized use, block your information from use at all CCBill clients' Web sites. This will not however prevent unauthorized use at non-CCBill clients' Web sites, and is not a substitution for your contacting your appropriate channels to prevent further misuse.
If you are taking advantage of a "Free" trial period through a credit card, please be aware of the following: CCBill will request and your bank will immediately put a "Reserved Funds" hold on your credit card for the amount of the subscription plan you have selected. If the free trial is cancelled within the timeframe allowed by the Web site, it typically takes the banking system 7 to 10 days to remove the credit card hold from these funds. Please understand that CCBill has no way to remove this hold. During the trial period and for a minimum of 7 to 10 days after you cancel, these funds are considered out of your bank even though technically they are still there, and you could overdraw or exceed the limits of your account. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
If you are ordering tangible goods, please be aware that CCBill will charge your account immediately for the amount of the transaction even though the items have not been shipped. You will be notified by the Seller when the items you have ordered have been shipped and you will receive from the Seller the carrier's tracking number.
When the member requests the termination, subscription fees are NOT refundable. Should a refund be issued by CCBill, all refunds will be credited solely to the payment method used in the original transaction. CCBill will not issue refunds by cash, check, or to another credit card or payment mechanism.
Subscriber/Purchaser agrees that at any time they will not bookmark any page to the site that will allow the subscriber to bypass the terms and conditions of the Web site upon entering. If such a bookmark exists, said bookmark will constitute full agreement to said terms and conditions as well as to admission that Subscriber/Purchaser is of legal age of majority in their state, country, or region.
10. Authorization of Use
Subscribers to subscription Web site are hereby authorized a single e-ticket to access the service or material located at this Web site. This e-ticket shall be granted for sole use to one subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the site or any material found within is strictly prohibited unless authorized by the Web site. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from.
CCBill and the site reserve the right to terminate an e-ticket at any time if the terms of this agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
11. Transfer of E-ticket
Access to a subscription Web site is through a combination of a username and a password (e-ticket). Subscribers may not under any circumstances release their e-ticket to any other person, and are required to keep his or her e-ticket strictly confidential. CCBill will not release passwords for any reason, to anyone other than the subscriber or a member of a legitimate law enforcement ageny investigating a fraudulent use of card complaint, or as may be specifically required by law or court order. Unauthorized access to the site is a breach of this Agreement and a violation of law. Subscribers acknowledge that the owner of the site may track—through the use of special software—each subscriber's entry to the site.
If any breach of security, theft, loss, or unauthorized disclosure of e-ticket information occurs, subscriber must immediately notify CCBill or the site of said security breach. Subscriber will remain liable for unauthorized use of service until CCBill or the site is notified of the security breach by email or telephone.
12. Sanction and Approval of Adult Material
The owner of this site may be providing material or images intended for an age-restricted audience. Access to this site is intended solely for people who are of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature. Materials available within this site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed by anyone who is not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials. By purchasing a membership or e-ticket, or a tangible product, you are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of perjury, I am of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY). I will not permit any persons who are not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY) to view or access in any way any materials found on this website. I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to purchase/view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access and/or purchase in this site falls within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors, and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive.
13. Supplementary Terms and Conditions
The site may have additional Terms and Conditions that are an integral part of their offering to the Subscriber, and are in addition to these Terms and Conditions. Such Terms and Conditions as listed at the site will in no way invalidate any of the Terms and Conditions listed here. All Terms listed apply to CCBill, the site, and the subscriber.
I understand that by having checked the acknowledgement of CCBill's Terms and Conditions, I am affirming that I have read and understand the terms of this account and authorize CCBill to bill my chosen payment method in accordance with the current Terms and Conditions.
This agreement is governed by the laws of the State of Arizona and you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Maricopa County, Arizona, U.S.A. in all disputes arising out of or relating to the use of CCBill's services.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Notices by the site to subscribers may be given by means of electronic messages through the site, by a general posting on the site, or by conventional mail.
Notices by subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in the Agreement. All questions, complaints, or notices regarding a subscription site must be directed to CCBill. All cancellations of subscription service to a site must also be directed to CCBill. All questions, complaints, or notices regarding a tangible goods site must be directed to Seller.
16. Questions and Contact Information
All questions to CCBill regarding these terms and conditions must be directed to:
v.6na, June 2009