This Policy was last modified on January 22, 2007.
Shipwire does not allow its service to be used for illegal activities, for the storage and shipping of individual unique products, or for the storage and shipping of high value or fragile products. Shipwire reserves the right to take preventative or corrective actions to protect itself and its users. Thus, Shipwire has developed an Acceptable Use Policy (”AUP”), as part of the User Agreement to which each customer agrees at the time of initiation of service. This policy helps customers identify activities that are forbidden or illegal, or may be forbidden or illegal under certain circumstances, and to identify certain types of activities for which Shipwire has decided not to process shipments, even if the activities may be legal. Shipwire reserves the right to revise or make exceptions to the AUP, in order to reflect changing customer and business needs. Notice of revisions to the AUP will be posted in the Policy Update section on Shipwire’s website, http://www.shipwire.com, and the current AUP is available by going to http://www.shipwire.com, and typing AUP into the Search box in the top right corner of the page.
Despite Shipwire’s active enforcement of its Policies, ultimately it is the responsibility of the user to ensure that all shipments comply with the Acceptable Use Policy and the guidelines below.
Shipwire users buying and selling on eBay should note that eBay maintains its own policies to ensure a safe and legally compliant marketplace. It is the responsibility of the user to ensure that all transactions on the eBay marketplace comply with both Shipwire and eBay’s rules and regulations.
Shipments Covered by the Acceptable Use Policy.
The Acceptable Use Policy covers all Shipwire shipments including shipping of all goods, on eBay, another online marketplace, through the seller’s own website, or any other forum.
Violations of the Acceptable Use Policy.
Violating Shipwire’s Acceptable Use Policy may result in temporary or permanent limitation of a customer’s account, a held account, termination of an account with 30 days notice, or immediate termination. This includes the inability to ship merchandise, to remove financial information from an account, and for users to close their accounts as a way of evading the policy. Additionally, users whose accounts are permanently limited for violating the Acceptable Use Policy are barred from future use of Shipwire and its services, and such users are not permitted to open new or additional Shipwire accounts.
Please note, additional information on held accounts and termination is provided in the Help section of this site.
If you have a question about whether your proposed or existing business violates the Acceptable Use Policy, you can contact Shipwire’s AUP Compliance Department, by going to http://www.shipwire.com, clicking the Contact Us link on the bottom of the page, and selecting the Other option.
If you encounter violations of the Acceptable Use Policy, please report them to Shipwire immediately.
No High Value, Fragile or Hazardous Products
- No products that are susceptible to damage through ordinary handling.
- No products susceptible to damage because of any condition that may be encountered in air transportation, such as high or low temperature, high or low atmospheric pressure, or sudden changes in either.
- No products containing perishables, liquids of any kind, glass or articles made wholly or partly of glass or glass bottles or containers.
- No products requiring an MSDS - Material Safety Data Sheet.
No Auction Sellers With Unique Products
Auction sellers with unique products are forbidden. Merchants must carry bulk inventory (2 or more identical items), and ship all or portions of that inventory onto customers with each order.
Forbidden Items
The following items are forbidden:
- Alcoholic Beverages
- Animal and Wildlife Products
- Artifacts, Grave-Related, and Native American Crafts
- Products Requiring Authenticity
- Bootleg Recordings
- Counterfeit Items
- Jewels, Precious Metals and Precious Stones
- Embargoed Goods, Prohibited Countries
- Event Tickets
- Faces, Names, and Signatures
- Financial Products
- Firearms, Weapons, and Knives Policy
- Gambling Related Materials
- Government Identification, Uniforms, and Police-Related Items Policy
- Illegal Drugs & Paraphernalia Policy
- Lottery Tickets
- Mailing Lists and Personal Information
- Items Intended for Mature Audiences
- Medical Devices
- Mod Chips
- Materials Related to Multi-level Marketing, Pyramid and Matrix Programs
- OEM Products
- Offensive Material
- Prescription Drugs and Devices
- Satellite and Cable TV Descramblers
- Slot Machines
- Stocks, Bonds, Securities, and Related Certificates
- Stored Value Cards
- Surveillance Equipment
- Tobacco
- Unauthorized Copies
Electronics Equipment
Scanners
In general, you may use Shipwire to ship scanning receivers and radios. However, you may not list any scanning receiver or radio that receives cellular transmissions or has “full 800 MHz” coverage.
Low power radio transmitting devices and related equipment
You may not use Shipwire to ship devices that transmit radio signals on the AM or FM bands or devices that claim or suggest a more extensive range than allowed under Federal Communications Commission regulations.
On FM frequencies, these low power devices are limited to an effective service range of approximately 35 to 100 feet (11-to-30 meters).
On the AM broadcast band, these devices are limited to an effective service range of approximately 200-to-250 feet (61 to 76 meters). For more information visit the FCC’s Audio Services Division.
Radar jamming devices
You may not use Shiwpire to ship products that claim to “jam” or otherwise interfere with police radar devices as they are considered unlawful by the FCC.
Extended coverage high frequency transceivers
Equipment that is intended to operate in various radio services in the high frequency radio spectrum, including “10-Meter” Amateur Radio Service (ARS) equipment, is lawful and may be sold. You may use Shipwire to ship a high frequency transceiver designed to operate on frequencies outside of the ARS bands if you have a grant of equipment authorization for the radio service(s) in which the transmitter is capable of operating.
CB amplifiers
In accordance with the Federal Communications Commission (FCC), you may not use Shipwire to ship power amplifiers with Citizens Band radios. You may not sell the following:
- CB amplifiers
- Amplifiers specified for use on the 11 Meter bandAmplifiers designed for use in frequencies 24 MHz to 35MHz
- Amplifiers posted within the CB category
- CB Radios that are amplified to exceed 4 Watts using the AM Settings or 12 Watts using the SSB settings
Further clarification can be found in the FCC rules C.F.R. Title 47 Section 2.815 Or see the FCC rules regarding CB Transceivers for more information.
Cordless telephones
Generally, you may use Shipwire to shipwire cordless telephones. All cordless telephones listed for sale must be authorized by the FCC and display an FCC identification number and compliance label. You can visit the FCC’s website to conduct a search for FCC-authorized equipment, including cordless telephones.
You may not use Shipwire to ship unauthorized long-range cordless telephones that may interfere with frequencies of authorized users and aeronautical communications. If you are selling a long-range cordless telephone that operates below 1000 MHz and that transmits over one kilometer (1094 yards) you must state the specific FCC identification number displayed on that telephone.
Radar Detectors
All radar detectors must be certified by the FCC. Please consult the FCC’s website guide on certified radar detectors to ensure compliance with this law.
Odometer Modification Devices
You may not use Shipwire to ship odometer modification and calibration devices (both manual or electronic).
Games Software: Sony, Sega, and Nintendo
Games Software: Sony, Sega and Nintendo Policy
According to Sony, Sega, and Nintendo, the following items are potentially infringing, putting both the seller and the buyer at risk:
Backup and/or Unreleased Games
You may not use Shipwire to ship backup copies of software, including games software. Here are some ways to recognize backup copies:
- Games which require a mod chip or other special hardware to play. Backup copies, which cannot legally be sold separately, will require such hardware to play. Original games NEVER require mod chips to play
- Games referred to as “silver” or “gold” copies. Backup copies are frequently sold using these terms. Silver colored CDs are characteristic of mass-produced, potentially infringed copies, which are frequently produced outside of the US. These are sometimes called HK, Hong Kong, or import versions
- Multiple games on one CD, especially “choice” compilations. In most cases, manufacturers only offer one game per CD. If you are offered a choice of several games on one CD, these games could be backup copies
Pre-release, Promotional and/or Beta games
You may not use Shipwire to ship beta copies of software, including games software. Selling or buying games that have been acquired prior to the manufacturer’s release to the public may be a copyright infringement.
Mod chips, Modified Game Consoles and Game Enhancers
You may not use Shipwire to sell any device capable of permitting the play of pirated and/or imported games on a domestic system. Examples of such devices include:
- Mod chips and/or game consoles that have a mod chip-type device installed
- Game enhancers (which enable the play of import software and/or back up versions of software)
- Boot discs
Game Copying Hardware/Software
You may not use Shipwire to ship hardware or software designed specifically to produce unauthorized copies of games.
Important Notes
- Encouraging the use of any device described in the above rules may be an infringement
- You may still be liable even if you offer to sell your “time” and/or services and give away for “free” (rather than sell) a prohibited, questionable, or infringing item. This applies to both seller and buyer
Manufacturer-Related Polices
Sony:
Authentic games by Sony are always black on the bottom. Sony uses a proprietary technology that produces games with this unique design. If a Sony game is sold with a different color CD, it is a backup copy. (Note: Original import versions are fine, but they will not be the silver or gold variety). Devices that allow the play of import games on a domestic system are potentially infringing upon Sony’s (SCEA) copyrights.
Nintendo:
All Nintendo games are on cartridges and very few have been released with multiple games on one cartridge
- Any version of a Nintendo game that is not on a cartridge is an infringing copy
- Software emulators that play Nintendo games without Nintendo hardware are infringing items
- “ROM” is a tip-off term for infringing copies of Nintendo games (usually on CD or Disks)
Sega:
The sale of imported Dreamcast software and hardware may infringe on Sega’s copyrights and/or trademark. Sega sells these Asian versions outside of the US, and pursuant to 17 USC section 602, the subsequent importation and sale of these goods in the US (without Sega’s permission) infringes upon Sega’s copyrights.
Devices that allow the play of import games on a domestic system are infringing upon Sega’s copyrights.