Terms of Use

Terms of Use

1. General Information Regarding These Terms of Use

Master terms: The terms “we,” “us,” “MainStream”, “MMS”, and “our” refer to MainStream Merchant Services, Inc. The terms “user,” “you,” and “your” refer to site visitors, customers, partners, vendors, and any other users of the site. Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that MasinStream operates, including http://mainstreamms.com, and http://salesportal.mainstreamms.com (the “Websites”), as well as the products, information, and services provided through the Websites, including providing merchant card services via processors, to merchants through bank(s) who are members of card associations (together with the Websites, the “Services”).

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and MainStream in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

This page explains the terms by which you may use our online and/or mobile services, web sites, and software provided on, in connection with or through the service (collectively the “service”) and any content (such as text, data, video, information, software, graphics, or photographs) that MainStream and its affiliates may make available through the site (collectively, “materials”).

2. Your Agreement to the Terms

YOUR ACCESS TO OR USE OF ANY THE SERVICES SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.

3. Changes to the Terms

From time to time, MainStream may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current MMS account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

4. Service Description

MainStream sells and provides merchant card services via processors, to merchants through bank(s) who are members of card associations. We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

5. Account Creation

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to MainStream will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

6. Refusal of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

7. Content Available through the Services

Provided as-is: You acknowledge that MainStream does not make any representations or warranties about the material, data, and information, content such as text, data, video, information, software, graphics, or photographs (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is MainStream liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your use of Content made available through the Services.

Search Tools: On some of its Websites, MainStream provides website search tools, which return Content based on any information our search tools are able to locate and interpret. Those search tools may return Content that is not MMS licensed, and you should independently verify the terms of the license attached to any Content you intend to use.

8. Content Supplied by You

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

9. Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you supply to MainStream. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to MainStream remains yours to the extent that you have any legal claims therein. You agree to hold MainStream harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

10. Our Intellectual Property

The Site and Service contain intellectual property owned by MainStream, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “MainStream Content”), and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

11. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

  • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

  • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
  • You may not intimidate or harass another through the Services; and, You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
  • You may not use or attempt to use another’s account or personal information; and,
  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

12. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAINSTREAM OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MAINSTREAM DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY MMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAINSTREAM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAINSTREAM BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF MAINSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAINSTREAM IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless MainStream, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or © the Content you make available on any of the Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

15. Privacy Policy

MainStream is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

16. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

MainStream Merchant Services, Inc.
1000 Mansell Exchange
Suite 260
Alpharetta, GA 30022
(866) 674-1020

17. Termination

By MainStream: MainStream may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by MainStream at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your CCID account) terminates automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied CC legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

18. Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

19. Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and MainStream pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by MainStream shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by MainStream.

20. Governing Law; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Georgia as applied to contracts that are executed and performed entirely in Georgia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be [insert your county] County, Georgia. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

21. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

22. Severability

If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

23. Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: April 2015

Privacy Policy

Privacy Policy

Protecting the privacy of users of the MainStream Merchant Services, Inc. (MainStream) website is important to us. The terms “we,” “our,” and “us” in this privacy policy (Privacy Policy) refer to MainStream Merchant Services, Inc. The terms “user,” “you,” and “your” refer to site visitors, customers, partners and any other users of the site. The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.

Our Privacy Policy is designed to explain how MainStream collects, uses, and protects any personal information you may provide to us, and to help you make informed decisions when using our online and/or mobile services, web sites, and software provided on, in connection with or through the service (collectively the “service”) and any content (such as text, data, video, information, software, graphics, or photographs) that MainStream and its affiliates may make available through the site (collectively, “materials”). The Privacy Statement is available upon request and on the bottom of each page of the MainStream website www.mainstreamms.com (the “Site”). As MainStream products, tools, and services evolve, MainStream may revise its Privacy Policy.

1. Service Description

MainStream sells and provides merchant card services via processors and Independent Sales Organizations (ISO) to merchants through bank(s) who are members of card associations. Use of MainStream, including all materials presented herein and all online services provided by MainStream, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, partners, vendors, affiliates, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

2. Information Collection

We collect information from various sources to provide our Services to you, to analyze and improve our Services, and to communicate with you (e.g., to send you updates or notices about our organization, or emails about products or services that we believe may be of interest to you).

Information you provide to us: We collect information you provide to us when you set up an account with us, use our Services, or communicate with us. In order to use MainStream’s services, you may be required to provide your personal information, including name, e-mail address, social security number, bank accounts, credit card numbers, and if applicable other business information to complete the account registration process. Similarly, if you email us or submit information through one of our online contact forms, we collect the information you provide (e.g., name, phone number, e-mail) so that we can follow up with you. The information you provide is used to provide our services to you, improve the service we provide, process transactions, send periodic emails (e.g. product launches, account updates, promotional offers for our services, promotional offers from third parties we think may be of interest to you, and information about our services, products, or company), or it may be used for administration of records, accounting and funding, or compliance with various laws and regulations governing the card payments industry.

Information collected from third parties:  While providing our Services we may collect information about you or your business from third parties (e.g. customers, referral partners, affiliates, joint-ventures, partners, vendors, ISOs, or associations) to provide our Services. We may also collect information from credit reporting agencies, financial institutions, or other entities with information pertaining to the Services we provide to you.

Automatic Information: Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; the full Uniform Resource Locator (URL) clickstream to, through, and from our website, including date and time; cookie number; pages you viewed or searched for; and the phone number you used to call our 800 number. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

3. Online Security

MainStream uses various methods to protect the non-public personal user information it receives, including without limitation, encryption, physical access security, computer firewalls and other appropriate technologies. Like most standard website servers MainStream uses log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

We maintain security standards that are designed to protect your information as it is transmitted from your computer to our network. This technology is called Secure Socket Layer (SSL). SSL is the leading security protocol for data transfer on the Internet and helps to protect the safety and confidentiality of your online banking information.

4. Disclosure of Information

MainStream will send non-public personal user information to other companies or people in those circumstances when: MainStream has your consent to share the information; MainStream needs to share the information to provide the product or service the user has requested such as delivering payment processing services; MainStream needs to send the information to companies who work on behalf of MainStream to provide a product or service to the user.

MainStream also may release non-public personal user information when MainStream believes the release is appropriate to comply with any law, enforce or apply any agreement to which the user and MainStream are parties, and protect the rights, property, or safety of MainStream, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and risk reduction. This also includes when MainStream has a good-faith understanding that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.

5. Email Communications

Forms of communication such as e-mail, text messaging, our Website Contact Us or similar forms, or other forms of electronic communication are inherently insecure. Please refrain from submitting sensitive personal information (such as account number, social security number, or credit card account number) via e-mail or similar method of communication. When you send an e-mail to us, you are communicating with us electronically and consent to receive reply communications from us or our providers electronically. We may retain the content of the e-mail, your e-mail address, and our response in order to better service your needs or for legal and regulatory reasons.

6. Personal Information on Children

We respect the privacy of your children and encourage all parents to supervise their children’s computer usage. We do not knowingly collect or retain personal information from children under the age of thirteen. We advise all visitors to our Website under the age of 13 not to disclose or provide any personally identifiable information on our Website. To learn more about the Children’s Online Privacy Protect Act (COPPA) please visit the Federal Trade Commission’s website at www.ftc.gov/kidzprivacy.

7. Third Party Websites

Our Website may contain links to third party websites. Links to these web sites are provided solely as a convenience. These links and pointers to third party websites are not part of our physical Website. MainStream does not make any representations or warranties regarding these third party websites. We are not responsible for any losses or damages in connection with the information, security, privacy practices, availability, content or accuracy of materials of such third party websites. These third party websites might have privacy policies different from ours and third party websites may provide less privacy and/or security than our Website. We encourage you to review the privacy and security policies of all third party websites before you share any personally identifiable information.

8. Suspicious E-mail

MainStream will never e-mail you to request personal account information over the Internet or by any other means. You can help protect yourself against online fraud – if you suspect that an unsolicited e-mail is fraudulent, please contact us.

9. International Access to this Website

If you reside outside the U.S., any information you provide to us on our Website will be transferred out of your country and into the U.S. If you do not want your personally identifiable information to leave your country, do not provide the information to us. By providing personally identifiable information to us, you explicitly consent to the transfer of your information to the U.S.

10. Changes to Privacy Policy

Please note that from time to time we will make changes to our Privacy Policy. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often. Your continued use of our Website constitutes your acceptance of any amendments to and the most recent versions of this Privacy Policy. The most current version of this Privacy Policy can be reviewed by clicking on the “Privacy Policy” link located at the bottom of our Website.

11. Reorganization or Spin-Offs

MainStream may transfer some or all of your personal and/or non personal browsing information to a third party as a result of a reorganization, spin-off, or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply.

12. Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

13. Contact Information

To request a correction or deletion of your private information, or if you have any questions and general comments about this privacy policy, please contact us.

MainStream Merchant Services, Inc.
1000 Mansell Exchange
Suite 260
Alpharetta, GA 30022
(866) 674-1020

Last updated: April 2015