Terms of Service

Acceptable Use Policy

Revision date: 10 November 2021

As a provider of web site hosting and other Internet-related services, VMium offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. VMium respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, VMium reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, VMium has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using VMium’ services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that VMium cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because VMium cannot monitor or censor the Internet, and will not attempt to do so, VMium cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that VMium does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over VMium’ network and may reach a large number of people, including both subscribers and non-subscribers of VMium, subscribers’ postings to the Internet may affect other subscribers and may affect VMium’ goodwill, business, reputation or operations. For these reasons, subscribers violate VMium policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

1. Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward VMium, but also because it can overload VMium’ network and disrupt service to VMium’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, VMium will investigate and shutdown the account that is SPAMing. If you wish to send bulk solicited and registered emails, you must use DKIM or similar software and be pre-approved beforehand by opening a sales department ticket.

SMTP IPv4 and IPv6 Ports are blocked on VMium network - 25. Mail submission ports are open - 465, 587.

2. Audio/Video Streaming:
Audio/Video Streaming, Audio/Video Chats require dedicated network channels for proper operation. Out Fair use bandwidth policy protects other clients from users abusing network protocols. As such, VMium does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

3. Adult-Oriented Content: 
VMium does allow only legal adult content and will suspend/terminate any offending service account. Legal adult contents means: you are the owner of the content, no child porn, no animal porn.

4. Obscene Speech or Materials:
Using VMium’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. VMium is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

5. Defamatory or Abusive Language:
Using VMium’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

6. Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

7. Illegal or Unauthorized Access to Other Computers or Networks: 
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

8. Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

9. Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

10. IRC:
VMium prohibits hosting of any IRCd software, linking to IRC chat networks (BNC, eggdrops are allowed. IRCds are prohibited). VMium reserves the right to deny any IRC related activity on its’ servers and terminate clients’ service with notice and money back.

11. Other Illegal Activities: 
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, gambling, fraudulently charging credit cards and pirating software.

12. Other Activities: 
Engaging in activities, whether lawful or unlawful, that VMium determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations. Any illegal activities by the law of the USA and Netherlands is prohibited.

13. VPN and Proxy: 
It is strictly prohibited to resell VPN and Proxy access to end clients without prior notification and authorization (You may only run Proxy or VPN for personal use.) We reserver the right to discontinue services when such cases are discovered.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. VMium will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with VMium’ policy or applicable law. However, when VMium becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by VMium.

VMium is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching VMium’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. VMium does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. VMium reserves the right to directly take action against a customer of its subscribers. Also, VMium may take action against the VMium’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, VMium anticipates that subscribers who offer Internet services will cooperate with VMium in any corrective or preventive action that VMium deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of VMium policy.

VMium will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. VMium may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, VMium may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. VMium assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, VMium may disclose subscriber information or information transmitted over its network where necessary to protect VMium and others from harm, or where such disclosure is necessary to the proper operation of the system. However, VMium will never sell information to other services or outside companies.

VMium expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate VMium policy. Finally, VMium wishes to emphasize that, in signing the Service Agreement, subscribers indemnify VMium for any violation of the Service Agreement, law or VMium policy resulting in loss to VMium or the bringing of any claim against VMium by any third party. This means that, if VMium is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against VMium, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including VMium and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected].