Why I won't be touching Paypal after July 1st
10 years ago
Edit: New Journal here with waaaaaaay better information: www.furaffinity.net/journal/6741659/
I'm sure a lot of you have heard about the Paypal AUP and ToS change that's taking affect on July 1st. There was a lot of hype about the potential rights of IP being given to paypal, and while I still think it's really important to be aware of, it's been more-or-less debunked from what people were originally concerned about (Look it up on tumblr or preferably a more reputable source. I'm sure you'll find something about it, if you're curious).
But that's not what this is about. Actually, since the loss of the storefront, and having had to cease using paypal in conjunction with it, it's kind of not even really a thing for me right now, but it may affect others, so I'm mentioning it as such.
There's another change in the ToS that I haven't seen mentioned in the community as of yet, and that's about the ability of Paypal to fine you per AUP violation. By using paypal after July 1st and agreeing to their updated ToS, you will be agreeing that paying $2,500 USD minimum per AUP violation is reasonable.
Exert from the ToS:
10.3 Actions by PayPal - Restricted Activities. If PayPal, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect PayPal, other Users, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
...
h. If you violate the PayPal Acceptable Use Policy, then in addition to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 USD per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of PayPal's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. PayPal may deduct such damages directly from any existing Balance in the offending Account or any other Account you control.
I know a lot of artists skirt under the radar with Paypal, and it's worked pretty well for most.. not so well for others. Should you choose to continue to use Paypal, I think it's important you keep that particular ToS change in mind. Because accepting a payment as a "gift" and not a "service" is a violation if you're selling work. As well, "(i) certain sexually oriented materials or services" is also considered a violation.
When Paypal contacted my about my AUP violation, they cited three different instances, which would have been $7,500 had the new ToS been in effect. That is a shit ton of money and that's just the minimum they could have charged me. That's not something I can afford.
For that reason, after July 1st, I won't be touching Paypal for any adult-orientated work of any kind. It's just not worth it to me. Instead, for things like the Advent Sketches, I may look in to using bitcoins or perhaps Squarecash instead.
Interestingly, though, Paypal seems to be opening up in regards to other "high risk" businesses, as an example e-cigarettes, and seems to be adopting a pre-approval program for them. While that doesn't include porn presently, maybe it's a step in the right direction.
You can read the ToS updates for yourself here: https://www.paypal.com/us/webapps/m.....-policies-full
I'm sure a lot of you have heard about the Paypal AUP and ToS change that's taking affect on July 1st. There was a lot of hype about the potential rights of IP being given to paypal, and while I still think it's really important to be aware of, it's been more-or-less debunked from what people were originally concerned about (Look it up on tumblr or preferably a more reputable source. I'm sure you'll find something about it, if you're curious).
But that's not what this is about. Actually, since the loss of the storefront, and having had to cease using paypal in conjunction with it, it's kind of not even really a thing for me right now, but it may affect others, so I'm mentioning it as such.
There's another change in the ToS that I haven't seen mentioned in the community as of yet, and that's about the ability of Paypal to fine you per AUP violation. By using paypal after July 1st and agreeing to their updated ToS, you will be agreeing that paying $2,500 USD minimum per AUP violation is reasonable.
Exert from the ToS:
10.3 Actions by PayPal - Restricted Activities. If PayPal, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect PayPal, other Users, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
...
h. If you violate the PayPal Acceptable Use Policy, then in addition to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 USD per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of PayPal's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. PayPal may deduct such damages directly from any existing Balance in the offending Account or any other Account you control.
I know a lot of artists skirt under the radar with Paypal, and it's worked pretty well for most.. not so well for others. Should you choose to continue to use Paypal, I think it's important you keep that particular ToS change in mind. Because accepting a payment as a "gift" and not a "service" is a violation if you're selling work. As well, "(i) certain sexually oriented materials or services" is also considered a violation.
When Paypal contacted my about my AUP violation, they cited three different instances, which would have been $7,500 had the new ToS been in effect. That is a shit ton of money and that's just the minimum they could have charged me. That's not something I can afford.
For that reason, after July 1st, I won't be touching Paypal for any adult-orientated work of any kind. It's just not worth it to me. Instead, for things like the Advent Sketches, I may look in to using bitcoins or perhaps Squarecash instead.
Interestingly, though, Paypal seems to be opening up in regards to other "high risk" businesses, as an example e-cigarettes, and seems to be adopting a pre-approval program for them. While that doesn't include porn presently, maybe it's a step in the right direction.
You can read the ToS updates for yourself here: https://www.paypal.com/us/webapps/m.....-policies-full
back in October my account was frozen/closed over "terms of use violations" and when I asked them for proof/evidence (one of the transaction numbers they cited DIDN'T EVEN EXIST) they claimed I was making false statements to them and extended the length of my account termination without any actual response or explanation. this is the kind of business PayPal is
That's a thing that can happen, no need to be like that about it.
this is stupid what paypal is doing, no excuse, just greed.
SIMPLE GUIDE TO PAYPAL ALTERNATIVES: http://www.furaffinity.net/view/15473003/
cause seriously, fuck paypal
I saw you asked about bitcoin below, xial wrote a brief thing about them here: http://www.furaffinity.net/journal/6576218/
The only thing close to that I'm aware of is that sellers using Google wallet can only be paid via paypal if it's through an app on the Google store.. Otherwise anyone can just send a request for payment via email.
Edit:
From May 9, 2015:
The Google Wallet Merchant Center is used by developers and merchants to manage their orders and receive payments for their content.
• Google Play In-app billing and paid apps
Google Play Developers can use In-app billing and sell paid applications if they're located in one of the supported merchant locations. You may sign up for a merchant account by following the steps in this link.
• The Chrome Web Store
The Chrome Web Store is an online marketplace where users can find a wide range of extensions, themes, and apps designed for the Google Chrome browser. Be sure to check if you're located in a supported developer country. Then get started by visiting the Chrome Webstore Help Center and creating your Chrome Web Store Dashboard.
To further simplify, if you are selling your content from your own website, Google will not be able to provide the payment solutions you are looking for. Currently, we are catering to developers on Google Play and the Chrome Webstore only. Since you are also looking for our content policy, you may use this link as reference.
Again, thanks.
https://www.paypal.com/us/webapps/m.....e-full#top-rev
It doesn't seem to mention misuse of the 'send as gift' option in the AUP at all, I think it is somewhere in the ToS which is separate. The fines are specifically for the AUP so unless you are selling drugs or guns or conducting large scale scams, I think you are safe
Under the penalties for violating anything in the restricted activities section, it goes on to say that any violation could result in, at minimum, a $2500 fine at PayPal's sole discretion. Still seems like reason to be cautious.
I have excerpts of all the sections I think are relevant in a post below if you'd like to have a look: http://www.furaffinity.net/journal/...../#cid:45746628
And if you don't want to read all of that, these specific points from the restricted activities section could potentially cover abusing "send as gift.:
9.1 Restricted Activities. In connection with your use of our website, your Account, the PayPal Services, or in the course of your interactions with PayPal, other Users, or third parties, you will not:
f. Provide false, inaccurate or misleading information;
k. Conduct your business or use the PayPal Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties or other liability to PayPal, other Users, third parties or you;
t. Circumvent any PayPal policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional PayPal Account(s) when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional PayPal Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s PayPal Account;
Circumvent any PayPal policy or determinations about your Account
That clause is referring specifically to ban/restriction evasion, not blanketing all PayPal policies ;o
I am on my phone so I am having trouble copy pasting my source, but I would be more concerned about PayPal's porn policy than their payment options one :p
The bit you're talking about...
"t. Circumvent any PayPal policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional PayPal Account(s) when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional PayPal Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s PayPal Account;"
The way I interpret that is that each underlined part of the bolded section is its own separate statement. I read it to mean that (a). circumventing any PayPal policy (such as don't abuse "send as gift") is against their ToS and (b). circumventing any determinations about your account, such as suspensions or restrictions they have applied to your account, is against their ToS.
I don't really read those two things as a statement about one thing, but about two things. The first seems to me to be a blanket statement about circumventing any PayPal policy, and the second seems to be about circumventing restrictions they've put on your account.
Either way, the porn policy is still very relevant, and as much as people are willing to fly under the radar (and many do successfully), there's always a chance that someone might put something stupid in a note or you might get a random investigation from PayPal. I just think it's better to think about that while you have the luxury of time, rather than having to deal with it immediately in the event that something goes wrong.
Aside from that, if you look at their adult content policy, they say that they don't support the sale of 'obscene' materials (that which have no educational or artistic value) or digital pornography. Though some furry artwork could probably easily be considered obscene, the thing is, these artists are not selling their digital artwork itself, but are charging for the service of creating it. This section applies primarily to using Paypal for access to porn sites, and otherwise charging to download pre rendered art, photographs, etc. Commissions should be exempt because you are being charged for labor, not necessarily the product, and in the worst case scenario, you should still be able to mail out a print of the artwork to the commissioner and still satisfy the requirement of not selling digital pornography.
The manager confirmed that the fine would only apply to highly illegal activities and potentially to repeatedly attempting to circumvent account limitations. I asked about the "certain sexually oriented materials or services" part of the AUP, and the manager told me that this mainly applies to human trafficking and prostitution, though may also apply to photographic pornography in some cases.
When I asked if it would apply to hand-drawn traditional or digital pornographic artwork of anthropomorphic animals and/or mythological/fantasy creatures, the manager had to put me on hold and contact the department that deals with risk to PayPal and compliance with the AUP. That department said that it would have to review the work to give a definitive answer, and that it would basically come down to whether or not PayPal is comfortable being associated with whatever artwork you're creating. They may consider furry to be on a thin line between acceptable and bestiality. I was provided an email address that is a direct line to that department and told that anyone who wanted to sell digital pornographic anthropomorphic art and make sure they were safe to do so could send links to their website or samples of their work to the department to be reviewed. That email address is aup@paypal.com.
As for sending payment as a gift, they said don't ask your customers to do it. If your customers do do it, refund them and send an invoice. The only way this could potentially lead to you being fined is if you had your account closed or limited for breaking that rule and then you attempted to circumvent the closure or limitation despite several warnings.
All in all, you're right. According to the manager I spoke to, most of us will never have to worry about any of this stuff.
I mean, I don't like PayPal much myself, but come on.
1) never say anything in comments that will raise a red flag (i.e. "Here's payment for the nude, adult, penis in the vagina artwork you're doing for me!! Thank you!!)
2) never send payment as a gift (receiver doesn't have to pay fees and doing getting gifts from 'random' people like this all the time WILL raise red flags with paypal)
3) artists should consider sending invoices -- they are more secure and protect both parties much better than leaving something in the hands of a commissioner who may be "new"
Lets say I quoted someone $11 for shipping and it only came to $6. I usually refund the extra $5 as a gift. Do I need to stop doing like this? Is there a better option that we know of?
With all of my products, Fursuit related, I do it with the Goods and Services, NEVER accepting a payment as a gift. So I know I'm fine there, but I'm just concerned with how I do/did refunds of that very small amount.
That's how most people I know operate. I don't see it as cheap or underhanded, that's the price they set and the price paid by the commissioner.
So, again, in your case with fursuit products, just stick with a standard rate of shipping for whatever you ship out. (like $15 for the headpiece, $10 for feet, whatever price you set you should keep consistent)
Thank you so much for the quick answer!<3
This way, that 10 covers the 6.50 in shipping, and the rest left over is for your time, your "handling" fee.
They also have a long list of actions they will take against you for any of those breaches, and none of them say "only if you do this specific thing." It clearly says they may take any and all actions listed, and more.
Thank you for sharing your opinion on the matter as all the information will be added to my pool of research this weekend.
Paypal removed it due to the future ToS change where to give protection to digital goods (current paypal ToS dont protect digital goods)
This is good info, I want to switch to Squarecash but I'm concerned my customers won't follow.
This is purely speculation, since I have neither proof, nor did I ask paypal directly why I was caught violating the AUP, but I believe that I wasn't reported by anyone. Rather I simply reached a certain number of transactions through my account that triggered it to be checked to make sure nothing was up. Upon checking they saw indications that implied, or directly stated adult content was involved in the transactions in question, and as such constituted a violation.
I guess for anyone else concerned about 'being caught', I should probably say I wasn't as discreet as I could have been. I was a little more concerned in making sure people knew what they were buying from me, rather than offering a vaguely worded product. I've always kind of accepted that Paypal was a timebomb this way (at least for myself), and if I'm correct in my understanding of the new AUP and ToS, I'm rather glad I had my violations happen before the new rules were put in to place.
Paypal, unfortunately, has a really wonderful globally reaching monopoly. There's definitely some cool alternatives like Squarecash/payments, but it really sucks that there isn't an alternative that's as inclusive of as many countries as paypal is. Sometimes it's really difficult to even know if your customers will be even able to follow you, even if they want to.
Prohibited Activities
You may not use the PayPal service for activities that:
2.relate to transactions involving: (i) certain sexually oriented materials or services
Source: https://www.paypalobjects.com/webst.....eptableuse.pdf
I imagine you'd have to contact paypal directly to find out if your adult materials are the certain ones allowed or not. Based off of personal experience I can conclude that mine were the type not allowed.
And still people have the nads to be like, "FUCK YOU PAYPAL, I WANT TO USE YOU AND NOT PAY YOU. YOU ASSHOLES!!"
Try telling that to a whore, jk jk.
Hence, Paypal is put under the gun by the IRS, ergo, users are put under the gun with stricter AUPs to scare the crap out of people who shouldn't have been gaming or screwing the system in the first place.
If you are doing things correctly, you have NOTHING to worry about with Paypal.
Those that HAVE been screwing Paypal over, SHOULD be worried.
You pay what's on the invoice.. everything else is my expense — as it should be!
Also: fees for materials required or third-party fees in the production of their stuff.. important! They can have the new art supplies they funded (if they desire), but when I need something just for their work it's only fair they provide the means since I'm too poor to just stock up on all of it ^-^;
On the smaller stores that pass this on is kind of necessary. In order to use Square for instance they automatically take out $0.30 + 3% out of every transaction. That can virtually kill just about most margin on small items like soda or candy and other items that are in the lower dollar ranges that you often see at things like local food/gas stops in areas.
When it comes to larger stores though it's not really an issue because they're typically dealing in larger transaction dollar ranges and that take from the credit card thing is too minimal to even consider wasting the customers time with. At small stores it's just kind of an accepted thing because we understand that we're inconveniencing the store itself by not using cash. I know personally I've never minded paying for the convenience of using a Card at these small time stores because I choose not to carry cash on hand.
Now, I have never encountered a store here in Canada with Square enabled so I can't comment on that, only on credit card merchant fees.
When it comes to something like paypal though.. then yeah. I whole heartedly agree you shouldn't be directly forcing your customers to pay any fees. Those fee's should be built into your pricing .
but man i feel for that shop-keeper....
using a card for a pack of gum..... just makes you want to smack people sometimes.
But if half of these allegations are true, Paypal is shooting itself in the foot something fierce. The increase of income they'll get from fees and fines won't equal the loss of trust and business.
So basically, they can't charge you money unless you screwed them out of money -- and even then, only up to the value that you screwed them out of, to a limit of $2,500.
There are WAY more unreasonable 'fine print click here to agree' shenanigans going on than this. x)
It specifically says that simply by accepting their User Agreement, you agree that they can charge you a minimum of $2500 for any restricted activity (which includes AUP violations, specifically), and that whether or not you have committed a violation is at the sole discretion of PayPal. And that they only have to believe that you have done so.
You can check yourself if you think I'm reading it wrong. If I am, I would appreciate it being pointed out and explained.
I have excerpts in a post further down if you want to read it. http://www.furaffinity.net/journal/...../#cid:45746628
The problem is, the people who have said that it's not as big a deal as it seems have yet to come back with any actual evidence that it isn't how it looks. I'd rather people be safe than sorry if all we have to go off of is claims that there isn't actually any risk.
The only valid reason I see for people continuing to use PayPal is that, as of yet, no clearly winning alternative has been shown when it comes to international transactions - Square is the next best thing out there, but it doesn't offer as many buyer protections as PayPal (kind of) does. Still, I wish more people would actually RESEARCH alternatives instead of just saying "meh, I'll use paypal until something happens to me personally".
The amount of terms and policies I wasted my eyes on was insane Dx
"Believes" What a draconian mentality. That sort of behavior typically gets people sued. If you are trying to play Cop PayPal, believing will get you in trouble.
Then again, it's so poorly worded, it can also mean PayPal is LIABLE to protect everyone, included those involved in restricted activities. In other words, if you cause trouble, the solution is nothing XD
Long live Google Wallet!
1 Bitcoin equals
237.40 US Dollar
http://drillbot.co.vu/post/11903260.....-paypal-update
Read that, and go to the ACTUAL paypal policies. Breaches of AUP is under 10.3 "G" and it only refers specifically to activities against the law and stuff.
Actions by Paypal for being caught performing restricted activities
10.3 Actions by PayPal - Restricted Activities. If PayPal, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect PayPal, other Users, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a. We may close, suspend, or limit your access to your Account or the PayPal Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information). Use the Report Form link to request information in connection with an account limitation, hold or reserve – to access the Report Form, go to https://www.paypal.com/us/webapps/h.....=neg_infolimit
b. We may contact Users who have purchased goods or services from you, contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
c. We may update inaccurate Information you provided us;
d. We may refuse to provide the PayPal Services to you in the future;
e. We may hold your Balance for up to 180 Days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
f. We may take legal action against you; and
g. If you violate the PayPal Acceptable Use Policy, then in addition to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 USD per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of PayPal's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. PayPal may deduct such damages directly from any existing Balance in the offending Account or any other Account you control.
h. PayPal, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the PayPal Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in your Balance.
What is a "Restricted Activity?"
"Restricted Activities" means those activities described in Section 9 (Restricted Activities) of this Agreement.
Okay, let's check Section 9
9. Restricted Activities.
9.1 Restricted Activities. In connection with your use of our website, your Account, the PayPal Services, or in the course of your interactions with PayPal, other Users, or third parties, you will not:
a. Breach this Agreement, the Commercial Entity Agreement, the Acceptable Use Policy or any other agreement or policy that you have agreed to with PayPal;
b. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
c. Infringe PayPal's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. Sell counterfeit goods;
e. Act in a manner that is defamatory, trade libelous, threatening or harassing;
f. Provide false, inaccurate or misleading information;
g. Send or receive what we reasonably believe to be potentially fraudulent funds;
h. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
i. Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both PayPal and the Seller, bank or credit card issuer for the same transaction;
j. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
k. Conduct your business or use the PayPal Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties or other liability to PayPal, other Users, third parties or you;
l. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the PayPal Services;
m. Use your Account or the PayPal Services in a manner that PayPal, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
n. Allow your Account to have a negative Balance;
o. Provide yourself a cash advance from your credit card (or help others to do so);
p. Access the PayPal Services from a country that is not included on PayPal's permitted countries list;
q. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the PayPal Services;
r. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
s. Use the PayPal Services to test credit card behaviors;
t. Circumvent any PayPal policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional PayPal Account(s) when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional PayPal Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s PayPal Account;
u. Harass our employees, agents, or other users.
What's a violation of the AUP?
Prohibited Activities
You may not use the PayPal service for activities that:
1. violate any law, statute, ordinance or regulation.
2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, © items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods (e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) ,certain weapons or knives regulated under applicable law.
3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, © are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, or (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities.
4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
5. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
6. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Is there even a real definition of "certain sexually oriented materials or services" somewhere? :/
That loose of a definition could be used to hurt a lot of people if they wanted. It could be interpreted to mean a whole slue of things.
The problem with a Furry-based for-adult network system similar to PayPal would be that it's hard to trust like PayPay once was.. they didn't ask many questions either, but their service was a potential abuse/theft hazard, and now their url hard-links to PayPal. My main concern with Furry homebrew financial institutions is the potential for abuse; just think about how much "can't unsee" porn comes by your screen and imagine how many international laws selling that sorta stuff could break cx
It would be difficult to work out, though. Some countries really wouldn't like it.
But anyway you're right, they should at least mention them before, it's not like 2500$ is a small quantity for a fine!
Long live Google Wallet!
Long live Google Wallet!
Long live Google Wallet!
I don't know if this applies to US or other places, but for example in Spain you can't earn more than 2.500€/year without having to declare it to the State (and therefore having to become autonomous).
Also, people usually cite section (i) below, but section (g) is just as bad..
....(f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories...
I would love to find an alternative that wasn't a total bitch for everyone to switch over to... Though honestly, if this change goes through, hopefully people won't need much motivation. Now if the fandom could just move as one onto a different merchant for fandom-transaction purposes.. I saw Hanazawa had posted a link in the comments for alternatives, so I'm gonna check that out.. Thanks for posting this journal.
Dear user, you paid for a drawing. But because it had a dragon dick in it, you have to pay us two grand because it DAMAGED us somehow
LOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOL
Apparently they don't get enough money already from randomly sacking any account that gets more than £50 in it.
Also, asking people not to leave a note via PayPal doesn't stop some from doing it anyway, and all it takes is one really stupid note to get PayPal breathing down your neck.
I read all of the ToS of every service I could possibly find (15 major and a whole bunch of minor), including direct-to-bank (Stripe, which is the only consumer one) and credit-card based, the latter most often being no-questions-asked but fairly high fees. Dwolla and whatever that other one was are the only two who have no regulation against porn. Most adult-industry-trusted high-fee services may not be too picky about certain porn, but not as freely as these. Dwolla states in their terms that you can't make positive transactions (receive money) for "escort services", which doesn't contain anything related to drawn or video sex, even bestiality which is often part of Furry art. However, their seat of law may be in a state that is a little fussy about such materials and "illegal content" may still contain bestiality in the broadest sense.
There are plenty services who are claimed to be adult-friendly by all sorts of adult industry folks, including former AlertPay whose legal print is now very much opposed since being purchased by their current parent company. Most of the actual no-questions/no-card services are only viable if you earn excessively ..like one of the highest praised ones having a "sleeper fee" for inactive accounts of almost $50 per month on top of their annual fee.
Naturally none of these services staid in my memory for all that long as I have other things to worry about.
I've contacted PayPal about this whole thing, probably orange-flagging my account for scrutiny in the process, and asked them about selling porn, including bestiality and "fantasy creatures". They replied in kind that these materials (even as services, like drawing them) could not be sold through their service at all and that they were glad I asked about it as well as refusing to circumvent their terms.
I've also been in contact with the staff of Patreon and they claimed (read: "guessed") that you can use their services to sell mature work, providing this stays within legal boundaries and your account is properly flagged NSFW and possibly hidden, despite PayPal's policies with whom they've been in close contact for over two years, and also that it's not considered circumventing but an honest earning of income. I'm a little wary, but at least having those logs is useful if there ever were a case where I can't earn a buck with my porn because of account freezing.
As a result, I use PayPal invoicing for my regular works, non-age-restricted (as they required) up to 16+ (PG17), non-sexual, non-obscene, while considering Patreon would be for my adult art, which I still have to try. I don't know how to sell my porn free of all these extra fees without living in the US or getting a credit-card based service, but I guess that's just a matter of time before something pops up.
A friend of mine actually contacted Paypal regarding this(over the phone), and they said "That's a grey area, and we'll get back to you on that." They never got back to her on that.
The way I see it, their rule "(i) certain sexually oriented materials or services" pertains to real pornographic materials. Fictional characters or otherwise is, again, a grey area.
Also this:
"Individuals whose businesses fall under the following "Regulated" industries ARE permitted to use our services. However, accounts and industries that fall under the "Regulated" category must be verified and pay fees associated with their industry. Please note, some industries may be subject to higher fees than regular and other "Regulated" industries. The fees are applied at the discretion of Payza. Please contact Customer Support for more information."
And "Adult Content" being one of the things on the list that is considered "Regulated" industry with them.
So you probably just skipped it for the fees. The regular fees seem okay, but if they're going to charge you extra for you making your business account under "adult content", then I don't know how much more they're going to want to charge you. @.@ I'll try and dig around for the answer to that.
That would be covered under the " obscene " category. Where that get dangerous is obscenity is defined differently depending on where you live.
In at least one State in the US, it is illegal to own or offer for sale " Obscene Devices " within certain counties. The definition of which is: "a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs."
Based on the definition of "Obscene" in the aforementioned State, just about everything under the Sun that isn't standard sex between two consenting adults can be considered a violation. A wall of text version for you:
"Obscene" means material or a performance that:
the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex depicts or describes:
patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or
patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and taken as a whole, lacks serious literary, artistic, political, and scientific value.
"Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device.
"Performance" means a play, motion picture, dance, or other exhibition performed before an audience.
"Patently offensive" means so offensive on its face as to affront current community standards of decency.
"Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver,transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
"Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.
"Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.
If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein
Considering it IS the 21st Century, laws of this nature just baffle me.
Like I said, it states that "adult Content" is allowed on their site, as long as you pay the added fees for it being "adult".
" violate any law, statute, ordinance or regulation "
" items that are considered obscene "
( via https://www.paypal.com/us/webapps/m.....ptableuse-full )
Like I said, depending on where you reside, mere possession of the material can be enough since the laws defining what is " obscene " are typically derived from what the moral majority believes it to be.
Just tread carefully.
But anyway, I super love what you do and will super follow what ever payment method you will use in the future too. Keep up the good & delicious dragon stuff !
Now I have to look up Bitcoin and squarecash and other possible payment methods. Stupid PayPal.
I mean think about it. This would cost them tons of customers. Also, there are online stores that sell porn and sex toys that accept PayPal as payment.
It just doesn't make sense for them to be that prudish.
Your erotic artwork is totes okays except when it isn't and to make things more "interesting" there is now that substantial fee which totes won't apply to you ever, fo reals, don't listen to what that silly AUP states, dawg.
Yeah probably no reason to be any less careful around paypal.
I don't know the American law
Is it even legal for them to charge SUCH tons of money, in addition to, for a MERE BELIEF you broke their own TOS and without a lawsuit?
How about the 'innocent until proven guilty' kind of rule? :/ How is it possible they may legally charge people for PP's staff b-e-l-i-e-f-s, and without suing the suspected user? The law needs a change to remove that gigantic loophole... Pity governments ususally don't give a damn.
I don't know how to get paid for commissions now... I may ban +18 contents from the acceptable commission subjects and stick to general audience only but if I can be robbed anyway just because PP can B-e-l-i-e-v-e in my potential breaking of their TOS and take more than I have then PP is not an option... I'm scared to use it after June...
I wonder how would they react if they lost 50% of users thanks to that nonsense... Pity people won't mass-leave like that.
Thats why I never tell people to link any thing in any description about art or any thing, so nothing ever comes into question