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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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