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| 3.__Property or service located in this State.__Personal property | | or a service offered for sale or lease through the Internet auction | | listing service is located or is provided in this State. |
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| | | §15303.__Form; fee; elements of registration |
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| | | A person required to register under section 15302 shall make | | its registration on a form provided by the office and shall pay | | an accompanying registration fee to be determined by the | | commissioner by rule.__As part of its registration, the person | | shall certify to the office that the person: |
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| | | 1.__Not an agent.__Does not act as the agent of users who sell | | items on its publicly accessible site on the Internet and acts | | only as a venue for user transactions; |
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| | | 2.__Requires registration.__Requires sellers and bidders to | | register with the publicly accessible site on the Internet and | | provide their names, addresses, telephone numbers and e-mail | | addresses; |
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| | | 3.__Retains information.__Retains the information described in | | subsection 2 for at least 2 years; |
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| | | 4.__Transaction information.__Retains transactional | | information consisting of at least seller identification, high | | bidder identification and item sold for at least 2 years from the | | close of a transaction and has a mechanism to identify all | | transactions involving a particular seller or buyer; |
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| | | 5.__Complaints.__Has a mechanism to receive complaints or | | inquiries from users; |
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| | | 6.__Suspensions.__Adopts and reasonably implements a policy of | | suspending, in appropriate circumstances, the accounts of users | | who are found to have engaged in a pattern of activity that | | appears to be deliberately designed to defraud consumers using | | the publicly accessible site on the Internet; and |
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| | | 7.__Inspection of data.__Agrees to comply with requests from | | the office to inspect stored data in its possession, in | | accordance with state and federal law. |
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| | | §15304.__Penalty; injunction |
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| | | A person who operates as an Internet auction listing service | | without first registering in accordance with this chapter commits | | a Class E crime. |
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