Merchant Account Question - Is this illegal?

Hello,

I distribute a software program, an exe file that is downloaded and provides access to porn.

Since i have problems getting a merchant account for this...

Is it illegal/violation of contracts to apply for merchant account and state the business is "software" or do i have to specifically declare the business as "adult"?

What I am selling is registration of the software, that allows it to run past its trial period.

I figure there could be nothing wrong with saying its software, since i really only write the download software, the content (porn) is from public sources that i found.

I am aware that if my merchant account is terminated i get placed on a "do not process" list, which would be very bad for me as im always needing them for different sites/businesses.

Thanks,
Eric

I wouldn't think it's illegal, but it may be in violation of their terms of service, for you to not specify the exact nature if asked. If you're not specifically asked whether it's an adult site or not, then I wouldn't imagine there to be too much of a problem. Although, you may want to read through their entire terms of service to find out whether or not adult sites are in violation, and what the penalties are.

Chances are, if you're in doubt, find another merchant provider, as there appear to be a number that allow for adult sites.

Yep, you need to look for a merchant account providers that allow you for adult content, you may check it with http://www.standardpay.com/, they can provide you merchant account for that nature of your business.

You have done your homework - awesome. It is a very grey area because of Visa regulations. The first thing I would consider - what does your website say? If it mentions anything - anything at all - regarding pornography, get an adult merchant account.

Your product - if it contains any images of unclothed people, get an adult merchant account.

You better register as an adult account. It's just like anything else, if no one notices you'll be cool, but if the bank finds out they are not going to split hairs about whether it is software or porn. There not that technically savvy.

It may be legal but it's highly unethical