Acceptable Use Policy

1 Introduction & Scope

1.1 About This Policy

This Acceptable Use Policy ("AUP") sets forth the rules and guidelines for using the FBCommerce e-commerce platform. This policy applies to all users, including merchants, store administrators, API integrators, and any individual or entity accessing our services.

1.2 Agreement to Terms

By creating an account, accessing, or using FBCommerce services, you acknowledge that you have read, understood, and agree to comply with this AUP. This policy is incorporated by reference into our Terms of Service and applies in addition to any other agreements between you and FBCommerce.

1.3 Scope of Application

This policy applies to:

• All storefronts created and hosted on FBCommerce
• All products and services listed for sale
• All content uploaded, including images, descriptions, and media
• All API integrations and third-party connections
• All communications sent through the platform
• All payment processing activities

1.4 Merchant Responsibility

As a merchant on FBCommerce, you are solely responsible for:

• Ensuring your store and products comply with all applicable laws and regulations
• Verifying the legality of products in your customers' jurisdictions
• Maintaining accurate and non-deceptive product descriptions
• Fulfilling orders and handling customer service appropriately
• Protecting customer data and payment information

2 Prohibited Content

You may not use FBCommerce to sell, distribute, promote, or facilitate the sale of the following categories of products or content:

2.1 Additional Prohibited Content

• Personal information: Sale of personal data, social security numbers, credit card information, or identity documents
• Human remains or body parts: Unless legally permitted for educational or medical purposes
• Protected wildlife: Products derived from endangered species or violating CITES
• Recalled products: Items subject to official product recalls
• Tobacco products: Unless properly licensed and age-verified
• Alcohol: Unless properly licensed with required age verification
• Gambling services: Unless properly licensed in applicable jurisdictions

3 Prohibited Activities

In addition to prohibited content, the following activities are strictly prohibited on the FBCommerce platform:

3.1 Spam & Abuse

• Sending unsolicited bulk emails or messages
• Creating fake reviews or testimonials
• Manipulating search rankings through artificial means
• Creating multiple accounts to circumvent limits or bans
• Posting misleading or deceptive content

3.2 Security Violations

3.3 Phishing & Fraud

• Creating fake login pages or impersonating FBCommerce
• Collecting credentials through deceptive means
• Impersonating other merchants or individuals
• Creating fraudulent stores or listings
• Processing fraudulent transactions or chargebacks
• Identity theft or misrepresentation

3.4 Data Harvesting

• Scraping or automated collection of platform data
• Harvesting customer information for unauthorized purposes
• Building competitive databases from our data
• Unauthorized data mining or analytics
• Selling or sharing customer data without consent

3.5 Intellectual Property Violations

• Infringing on copyrights, trademarks, or patents
• Using others' intellectual property without authorization
• Circumventing digital rights management (DRM)
• Distributing pirated content or software
• Trademark squatting or cybersquatting

3.6 Financial Crimes

• Money laundering or structuring transactions
• Processing payments for illegal activities
• Facilitating tax evasion
• Operating unlicensed money transmission services
• Sanctions violations or transactions with restricted parties
• Fraudulent refund or chargeback schemes

3.7 Unauthorized Use

• Reselling FBCommerce services without authorization
• White-labeling the platform without an agreement
• Sub-licensing API access to third parties
• Using the service in violation of our Terms of Service
• Exceeding the scope of your subscription plan

4 Resource Usage & Fair Use

FBCommerce operates on shared infrastructure. To ensure fair access and optimal performance for all merchants, the following resource usage guidelines apply:

4.1 Bandwidth & Storage

• Fair use principle: Your usage should be consistent with typical e-commerce operations
• Storage limits: Adhere to the storage limits of your subscription plan
• Bandwidth allocation: Traffic should be proportional to legitimate customer activity
• Media optimization: Images and media should be optimized for web delivery

4.2 API Rate Limits

4.3 Prohibited Resource Usage

4.4 Multi-Store Usage

For merchants with multi-store capabilities:

• Each store must be a legitimate, distinct business operation
• Creating stores solely to circumvent limits is prohibited
• Resources are allocated per-store according to your plan
• Cross-store data sharing must comply with privacy regulations

5 Compliance Requirements

Merchants on FBCommerce must comply with all applicable laws and industry standards. The following are mandatory requirements:

5.1 PCI-DSS Compliance

5.2 Export Controls

Merchants must comply with all applicable export control laws:

• Screen transactions against OFAC sanctions lists
• Do not sell to embargoed countries or sanctioned individuals
• Obtain necessary export licenses for controlled goods
• Maintain records of export-related compliance activities
• Report any potential violations to FBCommerce

5.3 Age-Restricted Products

For merchants selling age-restricted products:

• Implement robust age verification at checkout
• Display clear age restriction notices on product pages
• Comply with state and local age restriction laws
• Maintain records of age verification compliance
• Use age-gating on store access where required

5.4 Consumer Protection

• Provide accurate product descriptions and pricing
• Honor advertised warranties and guarantees
• Process refunds in accordance with your stated policy
• Respond to customer complaints in a timely manner
• Comply with the FTC Act and state consumer protection laws

5.5 Tax Compliance

• Collect and remit sales tax where required
• Maintain accurate tax records
• Provide tax documentation to customers when required
• Comply with economic nexus requirements
• Use FBCommerce tax tools or approved integrations

5.6 Accessibility

Merchants are encouraged to ensure their storefronts are accessible:

• Follow WCAG 2.1 guidelines where possible
• Provide alt text for product images
• Ensure keyboard navigation functionality
• Use adequate color contrast

6 Data Security & Privacy

As a platform handling customer PII and payment data, strict data security requirements apply:

6.1 Customer Data Protection

• Collect only data necessary for business operations
• Store customer data securely using encryption
• Limit access to customer data to authorized personnel
• Delete customer data upon valid deletion requests
• Never sell customer data without explicit consent

6.2 Privacy Law Compliance

6.3 Privacy Policy Requirements

• Maintain a current, accessible privacy policy
• Disclose data collection and usage practices
• Provide mechanisms for data subject requests
• Obtain consent where required by law
• Honor "Do Not Sell" requests for applicable jurisdictions

6.4 Data Breach Notification

In the event of a data breach affecting customer data:

• Notify FBCommerce immediately (within 24 hours)
• Cooperate with FBCommerce's incident response team
• Notify affected customers as required by law
• Report to relevant authorities within required timeframes
• Document all breach-related activities

7 Enforcement & Violations

FBCommerce takes AUP violations seriously. We employ a graduated enforcement approach based on the severity and nature of violations.

7.1 Violation Severity Levels

7.2 Warning Process

1. First Warning: Email notification detailing the violation and required remediation steps
2. Second Warning: Formal written warning with deadline for compliance
3. Final Warning: Notice of impending suspension with 24-48 hour deadline

7.3 Suspension Procedures

• Partial suspension: Specific features disabled while issue is resolved
• Full suspension: Account access disabled, storefront offline
• Payment suspension: Payouts held pending investigation
• During suspension, you retain read-only access to export your data
• Suspended accounts may be reactivated upon compliance verification

7.4 Termination

7.5 Effects of Termination

• Immediate loss of platform access
• Storefront taken offline
• 30 days to export your data (excluding violating content)
• Pending payouts may be held for 90 days per payment processor requirements
• Prohibition on creating new accounts

8 Reporting Violations

We rely on our community to help maintain platform integrity. If you observe potential AUP violations, please report them.

8.1 How to Report

• Email: abuse@fbcommerce.com
• In-Platform: Use the "Report" button on any storefront
• Security Issues: security@fbcommerce.com

8.2 What to Include

• Store URL or account identifier
• Description of the violation
• Screenshots or evidence (if available)
• Your contact information (optional for anonymous reports)

8.3 What Happens Next

1. Acknowledgment within 24 hours (business days)
2. Investigation by our Trust & Safety team
3. Action taken if violation confirmed
4. Follow-up notification to reporter (if not anonymous)

9 Appeals Process

If you believe an enforcement action was taken in error, you have the right to appeal.

9.1 Filing an Appeal

• Timeline: Appeals must be submitted within 14 days of enforcement action
• Method: Email appeals@fbcommerce.com with subject "AUP Appeal - [Account ID]"
• Required Information:
  • Your account email and store URL
  • Reference number from the enforcement notification
  • Detailed explanation of why you believe the action was incorrect
  • Any supporting documentation

9.2 Appeal Review Process

1. Acknowledgment within 48 hours
2. Review by appeals team (different from initial enforcement team)
3. Decision communicated within 10 business days
4. If upheld, explanation of reasoning provided
5. If overturned, account restored promptly

9.3 Final Decisions

Appeals decisions are final. In exceptional cases, you may request a secondary review by emailing hello.commerce@fifthboston.com with new evidence not previously considered.

10 Policy Changes

FBCommerce may update this Acceptable Use Policy from time to time. When we make changes:

• Notice: We will notify you via email and/or platform notification at least 30 days before material changes take effect
• Version History: Previous versions will be archived and available upon request
• Continued Use: Continued use of FBCommerce after changes take effect constitutes acceptance of the updated policy
• Objections: If you disagree with changes, you may terminate your account before the effective date

11 Contact Information

For questions about this Acceptable Use Policy or to report violations: