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Paypal acc has been limited temporarily "Acceptable Use Policy"/Affidavit - help!


kourixxx

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Hi

I just received notification that my paypal account has been limited temporarily due to some violation of their Acceptable Use Policy. I wasn't aware it wasn't a violation but anyway, I have removed everything they asked me to edit, just to be safe.
One point that stumps me is the following:


3. Submit the online Acceptable Use Policy affidavit.

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 items that infringe or violate any copyright, trademark, right
of publicity or privacy, or any other proprietary right under the laws of
any jurisdiction. This includes transactions for counterfeit items or
unauthorized replicas or copies of items

 

The complete Acceptable Use Policy can be found at the following URL:
https://cms.paypal.com/uk/cgi-bin/?cmd=_render-content&content_ID=ua/AcceptableUse_full&locale.x=en_GB
---

They asked me to submit the Acceptable Use policy affidavit. There was a link given above, I clicked on the link, but there's no where to sign etc. and I'm not sure what to do, am I supposed to go to a notary public and get it notarised, or am I supposed to put my signature on it? There's no clear instructions at all and I can't get in touch with anyone because paypal isn't open on the weekends. The document, when opened is simply a factual document about their terms and conditions. There's nothing in the document that requires or requests agreement/signatures.

I would greatly appreciate any help - if anyone's been in such a situation - is this a serious issue and should I be worried that I might get sued or something?
I've been worrying about this since I received the email this morning and any help/advice would be greatly appreciated!

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@@kourixxx

 

Have you actually checked your paypal account to see if it is limited??

 

There are lots of paypal / ebay scams about

Now running on a fully modded, Mobile Friendly 2.3.4 Store with the Excellent MTS installed - See my profile for the mods installed ..... So much thanks for all the help given along the way by forum members.

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I would not be unduly worried in the majority of cases in my experience there is no further action as long as the item is removed and it is not an obvious replica site or selling  counterfeit items

 

There can be many items that fall under misuse of paypal policys from adult goods to replicas knifes tobacco etc etc the list can go on often you will not even be aware that something infringes somebody's copyright had an issue once with a sons of anarchy patch thought they were a 70's punk band (w00t)

took me a while to realize it was a cult USA TV program

 

It is more than likely that you were reported to paypal by a rights owner and at this minute paypal will react with an account suspension.

 

Now it can be difficult to get the account open again but should be possible if you have removed the items and can convince them it was a genuine mistake.

 

I would get in touch with the customer support on Monday you will probably have to fax/email certain documents to verify your identity again and accept there affidavit  I think a signature is enough you will not need the affidavit  notarised to the best of my knowledge.

 

Now the problem is that it would not be beyond the realms of possibility that the rights owner of the items in question may pursue this further or the lawyers probably acting on his behalf see a chance of making money.

 

I have read of cases where money demands were made to drop the case although as mentioned above I personally think this is unlikely the larger firms just want to protect there Brands so when the questionable items are removed they are happy

 

Not a nice situation to be in the hardest part will be to get the paypal account open again remember they are most likely just reacting to a report they do not generally instigate unless it is something really against there rules like adult material etc.

 

Regards

Joli

 

PS: Using a different paypal account on the website is not an option as the website address will have been flagged

a different payment method would be ok

To improve is to change; to be perfect is to change often.

 

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Hi Joli

 

Thank you so much for your response - did you manage to get them to reopen your account? and how long did that take?

 

Yes, I do think someone lodged a complaint to them because this has never happened before and it is very clearly stated it's inspired (i had about 5 of them but I've since removed all of them - I'd rather not risk it) and paypal actually simply asked me to change the name to "Designer inspired" and take out who exactly it was inspired by. It was never meant to be passed off as genuine etc.

 

What did you do in your circumstance to let them know it was a "genuine" mistake?

 

This is really stressing me out and I find it strange that paypal, an internationally recognized organization, does not work on weekends and it has completely ruined mine because I'm afraid there will be legal action or like you said, they won't reopen my account and paypal is the only method of payment I have at the moment :(

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Well the process was to reopen  but this is a long time ago was to photo and upload my ID (passport ) and print sign there affidavit  with a covering letter stating that I would ensure all questionable material had been removed and would no longer be sold.

 

You should see an upload link somewhere as regards the case in your paypal account

 

Now I really am no lawyer I can only talk from past experience I do not personally think you have anything to worry about further legal action "Designer inspired"

 

and paypals answer seems to indicate that your items were not actually replicas but just walking close to the edge

 

It can be so easy to walk into a situation like this but is very hard to get back out.

 

So forget about legal consequences(has highly unlikely there will be any follow up)  and just concentrate on getting the account open.

 

To be honest getting the limits lifted again in the past this was very hard if the paypal account  was actually related to an ebay selling account  funny enough it would be  easier to get the limits lifted as ebay and paypal are the same and both profit from your account and your selling record would also count a bit towards getting the limits lifted.

 

But for a single website it will be more difficult as they have no real loss here

 

You can only do what they ask and be nice to the support and hope you meet someone helpful who will review your situation positively I would be thinking maybe a few days and you should get an answer.

 

The past years they have been more seller friendly than in the past so you can only try to get the restrictions lifted there is actually no practical way to fight against there decisions 

 

A quick chat on Monday with the support is best and be polite even if you feel a bit wronged remember in your case paypal is reacting to a complaint from a third party and take these steps to prevent legal action being taken against themselves so you ensure that all is correct maybe you have a chance.

 

Now not the end of the world there are several other payment options available in the UK so you would be wise to check them out over the next few days and do not be worrying about things before they happen it is just a glitch there are always solutions.

 

Regards

Joli

 

PS Think you really have been just unlucky and considering paypals response you may have a chance to get back running again

To improve is to change; to be perfect is to change often.

 

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Hi Joli

 

Thank you so much for your prompt response, I'll get ready a cover letter just in case. I hope to call them at 9am sharp tomorrow! I have a designated personal account manager (for some reason they gave me one a few weeks ago), and I'm hoping she'll be able to help me (previously she wasn't very helpful though but who knows!) and also expedite the situation - fingers crossed!

 

I'm not sure what I'd do it I can't reopen the business. Thanks so much again!

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