Prohibited Items and Listing Policy
What may not be sold on OpenVPT, which items need proof of rights, how listings are reviewed, what happens on a violation, and how to report a listing.
- Version
- 0.1-draft
- Updated
- Status
- Draft
Contents
草稿 — 尚未經律師審核，不構成正式條款 / 草稿 — 尚未经律师审核，不构成正式条款 / DRAFT — not yet reviewed by counsel; not binding
This is a working draft (version 0.1-draft). It describes how the platform works at the time of writing so that counsel can review it. It is not in force, it is not legal advice, and bracketed items such as [COMPANY LEGAL NAME] are placeholders that still have to be filled in.
1. About this policy
- This Prohibited Items and Listing Policy (the "Policy") is published by [COMPANY LEGAL NAME], a [STATE OF INCORPORATION] [ENTITY TYPE] with its address at [BUSINESS ADDRESS] ("OpenVPT", "we", "us"). It takes effect on [EFFECTIVE DATE].
- It applies to everything offered or exchanged through OpenVPT: listings (title, description, category, images, price), deliveries (files, license keys and checklists), order chat messages and dispute evidence.
- It forms part of the OpenVPT Terms of Service. If the two conflict, [the Terms of Service / this Policy] prevails.
- OpenVPT is a marketplace. Sellers, not OpenVPT, are responsible for what they list and deliver. Approval of a listing is not a confirmation that the seller owns the item, that the item is lawful, or that it works as described.
2. Basic rules for every listing
Every listing must meet all of the following:
- You have the right to sell it. You own the item, or you hold a licence that expressly allows you to sell, sublicense or transfer it to the buyer in the way the listing describes.
- It is lawful where you are, where OpenVPT operates and, to your knowledge, where the buyer is.
- The description is accurate. A buyer must be able to tell from the listing what they will receive, in which form (file, license key or checklist) and on what terms.
- The deal stays on the platform. Listings, deliveries and chat must not steer buyers to pay or talk outside OpenVPT's escrow.
- It does not appear in section 3, and, if it appears in section 4, you can provide the proof listed there.
3. Prohibited items
The following may not be listed, sold, delivered or offered through OpenVPT. The examples are illustrative, not exhaustive.
| # | Category | Examples |
|---|---|---|
| 3.1 | Pirated or cracked software and content | Cracked or "nulled" software, key generators, patches that remove licence checks, unauthorised copies of paid themes, plugins, courses, e-books, fonts or stock assets |
| 3.2 | Licences you have no right to transfer | Reselling licence keys, subscriptions or seats of third-party software when the publisher's terms do not allow transfer; keys obtained from volume, education, OEM or trial programmes; keys obtained by fraud or chargeback |
| 3.3 | Third-party platform accounts | Social media, gaming, e-mail, cloud, app-store, marketplace, advertising, streaming or AI-service accounts, and "aged" or "verified" accounts, where the platform's terms prohibit transfer (most do) |
| 3.4 | Personal data and credentials | Databases or lists of people (contact lists, customer lists, "leads"), leaked or scraped personal data, login credentials, session cookies, API keys, identity documents, payment card or bank data |
| 3.5 | Malware and tools for unauthorised access | Malware, ransomware, spyware, stealers, remote-access trojans, botnets, exploit kits or zero-day exploits offered for unauthorised use, phishing kits, credential-stuffing or DDoS tools, tools to bypass security, licensing or DRM |
| 3.6 | Content that infringes intellectual property | Code, designs, courses, e-books or other works copied from someone else without permission; counterfeit or trademark-infringing goods and branding; leaked trade secrets or proprietary source code |
| 3.7 | Illegal or harmful content | Any sexual content involving minors; non-consensual intimate imagery; content that promotes terrorism or violence; forged or fake documents, certificates or IDs; content or services that are illegal under applicable law |
| 3.8 | Money, financial and regulated products | Cryptocurrencies or tokens, gift cards, prepaid balances, accounts holding funds, securities or investment products, gambling services, and anything else that represents money or a financial instrument ([SUBJECT TO COUNSEL REVIEW]) |
| 3.9 | Deceptive and manipulative services | Fake reviews, ratings, followers or engagement; services to manipulate OpenVPT's own reviews or credit score; services whose main purpose is to deceive third parties |
| 3.10 | Sanctioned parties and destinations | Any listing, purchase or payment by, for or on behalf of a person or wallet on a U.S. sanctions list, or in a comprehensively sanctioned country or region |
| 3.11 | Escrow circumvention | Listings that are only a placeholder for an off-platform payment, that ask buyers to pay outside escrow, or that sell "the same item" again to route money around the contract |
About 3.10: OpenVPT does not currently run automated sanctions screening of users or wallet addresses. Wallet screening is planned. Until it is in place, you remain responsible for not using OpenVPT in breach of sanctions law, and we may act under section 7 when we learn of a sanctions issue.
4. Restricted items that require proof
The items below are allowed only when the seller can show the right to sell them. A reviewer may reject the listing, or an arbitrator may rule against the seller in a dispute, when the proof is missing or unconvincing.
| Item | Proof we may ask for |
|---|---|
| A whole website, app or SaaS business | Control of the domain, hosting, code repository and the accounts that will be handed over; that the third-party services involved (payment processor, app stores, API providers) allow the transfer; support for any revenue, traffic or user figures in the listing |
| Domain names | Control of the domain at the registrar; that the name does not infringe a trademark; the registrar's transfer rules |
| License keys for software | That you are the publisher, or written permission from the publisher to resell and transfer the keys |
| Source code, templates and components | That you wrote it or hold the rights; for included open-source code, that its licences allow the sale and that their notices are kept |
| Courses, e-books and design assets | Authorship, or a licence that allows redistribution or resale (fonts, stock photos, icons and similar assets often do not) |
| Items that contain third-party data | That any data included is lawful to transfer and does not include personal data (see 3.4) |
| Services (setup, development, consulting) | That the service does not require access you are not authorised to give or use, and that the deliverables are yours to hand over |
How proof is provided today: the listing form does not yet have a separate field for rights statements or proof documents. A reviewer who needs more information rejects the listing with a written reason saying what is missing. You can then add the information to the description (without personal data or secrets) and resubmit, or send it through the contact form (topic "Legal"). A rights statement in the listing form and a proof upload are planned.
5. How listings are reviewed
5.1 Who may list
To create a listing, your account must not be banned, your KYC status must be VERIFIED, and you must have a wallet on the listing's blockchain that you verified by signing a message with it (Sign-In with Ethereum, SIWE). [KYC PROVIDER AND PROCESS TO BE CONFIRMED.]
5.2 Review steps
- A new listing starts in the status PENDING_REVIEW. It is not visible in public search.
- A OpenVPT administrator reviews it by hand, in order of submission (oldest first).
- The administrator either approves it (status ACTIVE, visible to buyers) or rejects it (status REJECTED). A rejection always comes with a written reason of up to 1,000 characters, which you can see on your listing.
- Each decision records the reviewer and the time, and is written to an audit log.
5.3 Listing statuses
| Status | Meaning | Who moves it |
|---|---|---|
| DRAFT | Not yet submitted (reserved; new listings are currently submitted directly for review) | Seller |
| PENDING_REVIEW | Waiting for review; not public | Seller submits; administrator decides |
| ACTIVE | Approved and visible; can be bought | Administrator approval |
| REJECTED | Not approved; the reason is shown | Administrator |
| PAUSED | Taken out of sale by the seller, or automatically when the seller is banned | Seller or system |
| ARCHIVED | Closed for good; cannot be changed | Seller |
5.4 Changes after approval
- Changing the title, description, category, price, delivery or inspection days, or images of an ACTIVE or REJECTED listing sends it back to PENDING_REVIEW. It leaves public search until it is approved again.
- A listing's content cannot be changed while it has an open order (pending payment, funded, delivered, disputed or settling).
- A PAUSED listing goes back through review before it is sold again.
- An ARCHIVED listing cannot be changed.
- Only ACTIVE listings of sellers who are not banned are shown to other users.
5.5 Common reasons for rejection
| Reason | What to fix |
|---|---|
| The title and description do not match, or are too vague | Say exactly what the buyer receives and how it is delivered |
| The item appears in section 3 | It cannot be sold on OpenVPT |
| Proof of rights is missing (section 4) | Provide the information the reviewer asked for |
| Contact details or payment instructions outside OpenVPT | Remove them; all communication and payment go through OpenVPT |
| Personal data, secrets or credentials in the listing or images | Remove them |
| Misleading claims (revenue, traffic, "official", "lifetime") | Remove the claim or support it |
Review is a platform decision under this Policy. It is not a legal finding about who owns an item, and an approval does not protect a seller from a later dispute, report or claim.
6. Rules for delivery and chat
- Deliver what was listed. Deliveries are made in the form fixed on the listing: one file (its SHA-256 hash is recorded), a license key, or a checklist. A delivery that contains a prohibited item is a breach of this Policy even if the listing looked acceptable.
- Keep it on the platform. Order chat automatically flags e-mail addresses, phone numbers, Telegram, WhatsApp and WeChat handles, external payment links and requests to pay off-platform. Flagged messages are delivered but marked and kept with the order, and can be taken into account in disputes and enforcement.
- No personal data you do not need. Do not send identity documents, other people's personal data or passwords in chat or deliveries unless the deal genuinely requires it and the other party has agreed.
7. What happens when this Policy is broken
7.1 Actions we may take
| Situation | Possible action |
|---|---|
| A listing awaiting review breaks this Policy | Rejection with a written reason |
| A live listing breaks this Policy | Removal from sale and, depending on severity, the account measures below ([LIVE-LISTING TAKEDOWN PROCESS]) |
| Serious or repeated violations, fraud, sanctions issues | Account ban |
| Illegal content or activity | Preservation of relevant records and reporting to authorities where the law requires or permits it ([COUNSEL TO CONFIRM]) |
At the time of this draft, the OpenVPT back office can approve or reject listings that are awaiting review, and can ban accounts. A tool to take down a single live listing without banning the seller is planned and not yet available.
7.2 What a ban does
When an account is banned:
- all of its sessions are ended, and it can no longer sign in or use any signed-in feature (including order pages, deliveries, confirmations, signatures, disputes and chat);
- all of its ACTIVE listings are paused, and its listings are hidden from other users;
- its open orders are not cancelled or frozen. They continue through the other party, the automatic deadlines and arbitration: for example, an order a banned seller has not delivered is refunded after the delivery deadline, and a delivered order to a banned buyer completes when the inspection window ends;
- if a settlement needs the banned person's own signature, it waits until an administrator resolves it (for example by lifting the ban temporarily so that person can sign) or handles it outside the platform.
Lifting a ban does not reactivate paused listings; the seller has to resubmit them for review.
7.3 Funds and the blockchain
- OpenVPT's escrow contract is non-custodial: funds held for an order move only with signatures from two of the three parties (buyer, seller, platform). OpenVPT cannot seize, freeze or move escrowed funds on its own.
- Blockchain transactions are public and cannot be reversed. Once an order is settled on-chain (completed or refunded), OpenVPT cannot claw the payment back.
- Enforcement under this Policy does not change these facts. Where an order is still in escrow, it is resolved through the normal order process and disputes described below.
7.4 Disputes about prohibited or infringing items
- A buyer who receives a prohibited, infringing or misdescribed item can open a dispute on the order during the inspection window (the default is 3 days after delivery). After the window ends, the order completes and a dispute can no longer be opened.
- An arbitrator who is not a party to the order reviews the order, the listing, the delivery and the evidence submitted by the parties (text, links or files), and rules what share of the escrowed amount goes to the seller (from 0% to 100%), with a written reason.
- A full refund to the buyer carries no platform fee. On a partial ruling, the platform fee is charged only on the seller's share.
- A ruling is a platform decision about the escrowed funds under OpenVPT's rules. It is not a court judgment and does not decide anyone's legal rights outside the platform.
8. Reporting a listing or user
Anyone can report a listing, a user or a delivery that may break this Policy:
- Use the contact form at /contact.
- Choose the topic Legal for prohibited items, intellectual property and compliance concerns, or Security for malware, vulnerabilities or account-takeover issues.
- Include the listing link or ID, what you believe is wrong, and any supporting information. Please do not include more personal data than is needed.
Good to know:
- The contact form is limited to 5 messages per hour per network address and 10 per day per e-mail address. We store a salted hash of your IP address, not the address itself.
- If you are the buyer on an order, use the order's dispute process within the inspection window; a report alone does not stop the order's deadlines.
- Copyright owners can also send a notice under our DMCA / Copyright Policy. Our designated agent is [DMCA AGENT NAME/ADDRESS].
- We aim to review reports within [RESPONSE TIME TARGET], but we do not promise a particular outcome or timeline. Knowingly false or abusive reports may themselves lead to action under section 7.
9. Disagreeing with a decision
- Rejected listing: edit the listing to address the reason and resubmit it; it goes back to PENDING_REVIEW.
- Ban or other account action: contact us through /contact (topic "Legal") and explain why you think the decision was wrong. [APPEAL PROCESS AND TIMELINE TO BE DEFINED.]
- Dispute ruling: a second-level review of rulings is planned but not yet available. [DISPUTE APPEAL RULES TO BE DEFINED IN THE ARBITRATION RULES.]
10. Changes to this Policy
We may update this Policy. The version and the "last updated" date at the top of this page show which version applies. Material changes will be announced [NOTICE METHOD, e.g. on the site and by e-mail] before they take effect, except where a faster change is needed for legal or safety reasons.
11. Contact
- Legal and policy questions: [LEGAL CONTACT EMAIL], or the contact form at /contact (topic "Legal").
- Postal address: [COMPANY LEGAL NAME], [BUSINESS ADDRESS].
Notes for counsel / 給律師的待確認事項
These notes are for the reviewing lawyer and are to be removed before publication.
- Entity details. Fill in [COMPANY LEGAL NAME], [STATE OF INCORPORATION], [ENTITY TYPE], [BUSINESS ADDRESS], [LEGAL CONTACT EMAIL] and [EFFECTIVE DATE]. Decide which document prevails between this Policy and the Terms of Service (section 1.3).
- Money transmission. The design is a 2-of-3 multisig escrow in which the platform holds one key and cannot move funds alone; the platform also relays settlement transactions. The contract owner can pause new funding, rotate the platform signer, set the token allowlist and set the fee recipient, but cannot settle orders or withdraw escrowed funds. Please confirm the FinCEN analysis (FIN-2019-G001) and state money-transmitter laws, including California's Digital Financial Assets Law and any escrow-agent licensing, and New York (BitLicense and money transmission). Please also confirm whether section 3.8 (money and financial products) should be broader or narrower.
- State and country availability. The product plan considers blocking New York (and possibly California) residents in the MVP. The code currently has no geographic restriction. Please advise which states or countries must be excluded and how that should be stated here and in the Terms of Service.
- OFAC / sanctions. There is no automated sanctions screening of users or wallet addresses in the current code (wallet screening is planned). Please advise on the minimum screening required before launch and on the wording of section 3.10.
- KYC. Selling requires a VERIFIED KYC status, but no KYC provider is integrated yet (a development flag bypasses the check). Please confirm what identity checks are required for sellers (and whether for buyers) and how they should be described.
- DMCA §512. Register a designated agent with the U.S. Copyright Office, fill in [DMCA AGENT NAME/ADDRESS] and link the DMCA / Copyright Policy, and confirm a repeat-infringer policy consistent with section 7.
- Live-listing takedown. The back office currently has no tool to remove a single live listing without banning the seller. Please confirm whether this is acceptable for launch, especially for notice-and-takedown obligations, or whether it must exist first.
- Reporting to authorities. Confirm obligations and wording for section 7.1, including NCMEC reporting (18 U.S.C. §2258A) for sexual content involving minors and any suspicious-activity obligations.
- Platform liability. Confirm the wording that review and approval are not a warranty or legal finding (sections 1.4 and 5.5), and its interaction with Section 230 and any marketplace-specific consumer laws (for example the INFORM Consumers Act for high-volume third-party sellers).
- Arbitration and disputes. Confirm that describing platform rulings as a contractual decision about escrowed funds (section 7.4) is consistent with the arbitration and dispute clauses in the Terms of Service, and whether a separate binding-arbitration clause for claims against OpenVPT is enforceable in the intended states.
- Privacy. The contact form stores a salted hash of the sender's IP address and the user agent; audit logs may store IP address and user agent; chat messages are kept with risk flags. Please align retention and disclosures with the Privacy Policy and CCPA/CPRA (and GDPR if EU users are accepted).
- Minimum age. Confirm [MINIMUM AGE] for using OpenVPT (COPPA and state laws), to be stated in the Terms of Service.
- Tax. Confirm any information-reporting obligations for marketplace sales paid in USDC (for example Form 1099-K or 1099-DA), which may require collecting additional seller information.
- Accounts and third-party terms. Confirm the approach in sections 3.2 and 3.3 and in section 4 for whole-business transfers that include third-party accounts (hosting, app-store and payment accounts), which are often allowed only through the provider's own transfer process.