Last Updated: May 10, 2011

All users of MaxMind's Credit Card Fraud Detection Service, known as the minFraud Service, are subject to and must agree to the terms of this Terms of Use Policy and to the MaxMind End User License Agreement. This Terms of Use Policy supplements the MaxMind End User License Agreement.

The "minFraud Service", a service offered by MaxMind, uses data from the GeoIP Databases, Open Proxy Databases, and BIN Databases combined with recognized fraud risks to help merchants identify potentially fraudulent online transactions.

DEFINITIONS
(a) The "Open Proxy Databases" refer to a data service that is provided by MaxMind and that provides open proxy information about IP addresses.

(b) The "BIN Databases" refer to databases that are compiled and maintained by MaxMind and that list bank identification numbers and information (e.g., bank name, bank customer service number) associated with those specific bank identification numbers. Data available through the BIN Databases is referred to herein as the "BIN Data".

Unless otherwise noted, all other capitalized terms used in this Terms of Use Policy are defined as indicated in the MaxMind End User License Agreement.

APPROPRIATE USES OF minFraud SERVICE
Using the minFraud Service constitutes an agreement to restrict your use to appropriate uses of the service as outlined in this section.

(a) You may not use the minFraud Service in any way that violates federal, state, local, international law or the rights of others.

(b) You may submit data to the minFraud Service only for the purposes of (i) testing the minFraud Service; (ii) validating credit card transactions, other transactions for online and e-commerce payments, credit card applications, and user and account registrations for online forums and services you offer (each an "Online Transaction" and collectively, "Online Transactions"); and (iii) other similar business purposes.

(c) Unacceptable uses of the minFraud Service include, but are not limited to, the following:

(i) submitting queries designed to extract information from the GeoIP Databases or the BIN Databases, if such information is not specifically to be used for the validation of an Online Transaction.

(ii) submitting false or fictitious input fields, including but not limited to, IP address, BIN number, and billing location (except for the limited purpose of testing the minFraud Service).

(iii) using a robot, spider, other automatic device, or manual process to monitor or copy the GeoIP Databases, GeoIP Data, BIN Databases, or BIN Data.

(iv) building derivative databases based on the information provided by the minFraud Service, or

(iv) taking any action designed to compromise security or tamper with system resources and/or accounts.

(d) If MaxMind, in its sole discretion, finds or suspects that you are using the minFraud Service in an unacceptable manner, MaxMind may immediately restrict, suspend or terminate your use of the minFraud Service. Activities that may trigger such a response by MaxMind include, but are not limited to, consistent discrepancies between credit card data (e.g., billing address, bank identification numbers (BIN), names or phone numbers) entered by you and the applicable information of record for the associated cardholders.

AVAILABILITY OF minFraud SERVICE
MaxMind provides the minFraud Service on an "as is", "as available" basis and does not warrant the minFraud Service to be error free. Furthermore, since availability of the minFraud Service is dependent upon many factors beyond MaxMind's control, MaxMind does not guarantee the uninterrupted availability of the minFraud Service. The minFraud Service may be inoperative and/or unavailable due to technical difficulties or for maintenance purposes, at any time and without notice. You may not bring any action, regardless of form, relating to your use of the minFraud Service more than one year after the cause of action has accrued.

SECURITY
You are responsible for all activities that occur under your account and under your password, license key, and similar mechanisms for account access (collectively "Passwords"), and shall keep your Passwords confidential. You shall immediately notify MaxMind of any unauthorized use of your Passwords or account or any other breach of security.

MaxMind reserves the right to investigate suspected violations of this Terms of Use Policy and the right to fully cooperate with any law enforcement authorities or court orders requesting or directing MaxMind to disclose the identity of anyone who is believed to have violated this Terms of Use Policy. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MAXMIND FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MAXMIND DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS EITHER BY MAXMIND OR LAW ENFORCEMENT AUTHORITIES.

INDEMNITY
You shall indemnify MaxMind, and its officers and employees against any loss, including reasonable attorneys' fees, arising from any use by you of the minFraud Service that is inconsistent with this Terms of Use Policy or with the MaxMind End User License Agreement.

DATA COLLECTION
You agree that MaxMind may collect, store, and share (as long as such sharing is only in aggregated form) information generated through use of the minFraud Service, provided that MaxMind uses such information only for the purposes of enhancing its geolocation and fraud detection services and solutions. Under no circumstances shall MaxMind disclose to others any personally identifying information that is obtained through the minFraud Service and that can be associated with any merchant, customer or other third party unless such disclosure (a) is approved or requested by the person whose identifying information is released, (b) is required by law, or (c) is reasonably necessary to protect the rights, property or safety of MaxMind, its users or the public.