Legal

THIS ACCEPTABLE USE POLICY (“AUP”) shall apply to Website Hosting Services (“Service” or “Services”) provided by OpenMedium, Inc. (“OpenMedium” or “Us” or “We”) expressly as an addendum to the Terms Of Service (“TOS”) for each reseller and end-user client account (“Customer” or “You”). We may update this AUP from time to time in our sole discretion; the current version may be found at https://www.openmedium.biz/legal/.

Laws; Harmful Content. You may not use the Services to violate any governing law or regulation, including laws prohibiting: copyright, patent, trademark, trade secret, or other intellectual property infringement, misuse, or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts (including in the support of or furtherance of sex trafficking), or bestiality; gambling; defamation, harassment, libel, or slander; fraud or false advertising; and hacking, phishing, social engineering, or any transmission of malicious code or unauthorized use of the computing resources of an end user. It is OpenMedim’s policy to terminate the Services of customers who are repeat infringers of intellectual property rights. Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites, or threatens violence; is in support of or furtherance of sex trafficking; contains harassing content or hate speech; violates any person’s privacy; constitutes terrorism or trafficking in weapons or other illegal items; or is likely to result in retaliation against OpenMedium’s system, network, or employees, including behavior that results in any denial of service attack. The Services may not be used in violation of export laws, controls, regulations, or sanction policies of the United States or your applicable jurisdiction. The Services may not be used by any individual or legal entity which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

High-Risk Use. You may not use the Services in any circumstance or fashion where a failure of the Services could result in death or physical injury.

Spam. If you use the Services to transmit email, you must do so responsibly. Sending or promoting spam using the Services is prohibited and may result in immediate termination of your account. We consider spam to be the transmission of any email messages that are in violation of the most recent regulations issued by the Federal Trade Commission implementing the CAN-SPAM Act or, if you are sending emails to non-domestic end users, any foreign equivalent thereof. In addition, and at our discretion, we may place limits on the number of outbound messages you send if our review of your account indicates that you are jeopardizing our network stability. Without limiting any other rights we may have, the parties agree that should you breach this section by sending spam it would be difficult to determine actual damages. Accordingly, a $500 charge per violation will be assessed as a reasonable estimate of the damages. The parties further agree that such $500 would not act as a penalty.

Regulated and Sensitive Information. It is possible to run an ecommerce site on our platform, provided that you follow some best practices that prevent credit card information from being processed or stored on our platform. For more information on those best practices, please contact our sales and support team at [email protected] You are not permitted to use or cause the Services to store or process sensitive or otherwise regulated health or financial information, including Protected Health Information (as that term is defined under HIPAA), cardholder data protected under PCI DSS regulations (such as credit or debit card data), or other financial data (including any financial account details). You acknowledge and agree that we are not responsible for any liabilities arising from your violation of this restriction.

Overburdening Resources. You may not interfere with our business or our ability to provide services to other customers, nor take any action nor make any use of the Services that places excessive burdens on the network or systems used to provide such services. Specifically, you may not use or provide open proxies or Internet Relay Chat or use the Services for video streaming. If your use of the Services materially exceeds the use by similarly situated customers, we may offer to move you to a different plan or charge you for the additional use. If you refuse, we may place restrictions on your use of the Services. You may not perform any vulnerability or penetration testing of OpenMedium’s network or systems, including your own hosted environment, without our prior written approval.

Security Requirements. You must take reasonable security precautions in connection with your use of the Services. You are responsible for the actions and omissions of your Authorized Users and anyone to whom you provide access to the Services or the content you create using the Services.

DMCA Website Notice
If you believe content on a Customer website hosted by OpenMedium is infringing your copyright, please send a written notice to:

OpenMedium, Inc.
c/o Legal
8181 Arista Place
Suite 100
Broomfield CO 80021

Section 512(c) of the US DMCA requires that a notice include all of the following in order to be valid:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TechIO Limited to locate the material;
d) Information reasonably sufficient to permit TechIO Limited to contact you, such as an address, telephone number, and, if available, an e-mail address;
e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g) You acknowledge that if you fail to comply with all of the foregoing requirements your DMCA notice may not be valid and TechIO Limited may take no action.

THIS SECURITY NOTICE (or “Security Policy”) shall apply to Website Hosting Services (“Service” or “Services”) provided by OpenMedium, Inc. (“OpenMedium” or “Us” or “We” or “Our”) for each Reseller and End-User Client (“Customer” or “You”).

We may update this Security Notice from time to time in our sole discretion; the current version may be found at https://www.openmedium.biz/legal/

1. Introduction

At OpenMedium, we take the security of your privacy and data seriously and we want to be as transparent as possible with how we conduct business around security measures. Not every security procedure is shared, as we do not want our transparency to lead to exploitation of our systems and your customer data.

We provide managed website hosting services which includes access to WordPress Open Source Software and third-party theme and plugin licenses. The following security features are provided to all of our customers by OpenMedium and our third-party vendors.

2. Application

• Standard SSL. We support standard SSL encryption for all customer websites and our applications.
• Brute Force Lockout. We limit login attempts to block attackers trying to guess your password.
• Vulnerability Scans and Change Detection. We conduct regular scans of plugins, themes and WordPress core files for changes to code.
• 404 Lockout.Usage of 404 detection to stop bots scanning for vulnerabilities.
• Audit and Activity Logs.Detailed logs of every user action including file modifications and administrative changes.
• IP Lockout. Ability to trigger timed or permanent site bans with manual and automatic IP address control.
• Security Keys. We regularly update security keys.
• 2-Factor Authentication. Optional 2-factor login functionality to protect site with password and phone challenge. Provided on customer request.
• Automatic updates to WordPress core via The WordPress Security Team. The WordPress Security Team can identify, fix, and push out automated security enhancements for WordPress without the site owner needing to do anything on their end, and the security update will install automatically. To learn more about WordPress.org core security features please visit https://wordpress.org/about/security/

3. Data Redundancy

• Nightly back-up of entire infrastructure with rapid restore capability.
• Regular offsite back-up of customer website content with restore capability.
• Ad hoc and/or local website content back-up based on special circumstance or customer request.

5. Data Center

We host your data at a partner data center located in the United States. Data center access is strictly monitored. Some of the security measures are outlined below that our host adhere to:

• Filtering Edge of Network System (FENS). FENS is a series of proprietary systems that proactively monitors and protects our network from most common Denial of Service (DOS) and Distributed Denial of Service (DDoS) attacks.
• Network and Transport Layer Protection
  • SYN Flood
  • UDP Flood & Fragmentation
  • ICMP Flood
  • Ping Attacks
  • Smurf
  • Reflective Attacks
  • DNS Attacks
  • ACK and Push Flood
  • Fragmented ACK
• Application Layer Protection
  • HTTP Flood
  • SMTP Flood
  • Slow Reading Attack
  • Sockstress
  • Slow HTTP POS
• 100% Power Uptime
  • Diesel generator power redundancy
  • N+1 high efficiency battery UPS
  • 120V and 208V available
• Secure Physical Environment
  • 24/7 Falcon monitoring of all critical infrastructure assets
  • 24/7 monitoring of entire facility using motion activated cameras

6. Payment Processing

We use Stripe.com to process all customer credit card payments. To learn more about how Stripe protects your data and privacy please visit https://stripe.com/privacy. OpenMedium does not store credit card data.

7. Regulated and Sensitive Data

OpenMedium does not process or store sensitive or otherwise regulated health or financial information, including Protected Health Information (as that term is defined under HIPAA), cardholder data protected under PCI DSS regulations (such as credit or debit card data), or other financial data (including any financial account details). Customer shall use the Website Hosting Services solely for its intended purpose in accordance with our Terms of Service and Acceptable Use Policy located at openmedium.biz/legal/.

8. System Audits

OpenMedium performs regular security audits and core application updates. Depending on the application and our review schedule, audits and updates happen weekly, monthly, or quarterly.

• Automated web server and security patch updates.
• WordPress core, plugin, and theme audits including updates and patches.
• We limit the use of free and unsupported third-party WordPress plugins and themes in our network. All third-party applications must be reviewed and approved by OpenMedium.
• Audit and removal of obsolete user accounts

THIS PRIVACY NOTICE (or “Privacy Policy”) shall apply to all Resellers, End-User Clients, and Public Website Visitors (“Visitors” or “You”) who use the portfolio of websites, products, and services provided by OpenMedium, Inc. (“OpenMedium” or “Us” or “We” or “Our”) located at openmedium.net, openmedium.cloud, openmedium.shop openmedium.biz, turbovirtual.com, allocatively.com, immersiveimpressions.com, and printfulfillment.co (including related sub-domains).

We may update this Privacy Notice from time to time in our sole discretion; the current version may be found at https://www.openmedium.biz/legal/.

We are Colorado corporation registered in the United States of America. Our registered office is located at 8181 Arista Place, Suite 100, Broomfield, CO 80021.

Introduction

1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.

3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.

4. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

5. Our policy complies with US law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).

6. Citizens in the European Union have legal rights regarding how their personal information is collected, used and stored by website owners. The law requires us to tell EU citizens about our rights and obligations to them in regards to the processing and control of their personal data. We do this now, by requesting that EU citizens read the information provided at www.knowyourprivacyrights.org.

7. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

1. Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract, we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

1.1. verify your identity for security purposes

1.2. sell products to you

1.3. provide you with our services

1.4. provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example, to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

1. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example, to monitor the performance of a page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find beneficial, including but not limited to our network of independent service providers (sub-contractors).

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us [email protected] However, if you do so, you may not be able to use our website or our services further.

3. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having considered:

• whether the same objective could be achieved through other means
• whether processing (or not processing) might cause you harm
• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

• record-keeping for the proper and necessary administration of our official documents and customer records
• responding to unsolicited communication from you to which we believe you would expect a response
  protecting and asserting the legal rights of any party
• insuring against or obtaining professional advice that is required to manage risk related to our business
• protecting your interests where we believe we have a duty to do so

4. Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorization such as a search warrant or court order.

This may include your personal information.

Specific uses of information you provide to us

5. Information provided on the understanding that it will be shared with a third party

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

1.1. posting a message our forum or comment form

1.2. tagging an image

1.3. clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion, we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at [email protected]

6. Complaints regarding content on our website

We attempt to moderate user-generated content, but we are not always able to do so as soon as that content is published.

If you complain about any of the content on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we must make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

7. Information relating to your method of payment

Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

At the point of payment, you are transferred to a secure page hosted by Stripe Payment Solution, or some other reputable payment service provider. The payment form may be branded to look like a page on our website, but it is not controlled or hosted by us.

8. Information about your direct debit

When you agree to set up a direct debit arrangement, the information you give to us is passed to our own bank for processing according to our instructions. We do not keep a copy.

We are registered under the direct debit guarantee scheme. This provides for the customer’s bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved originators of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.

9. Job application and employment

If you send us information in connection with a job application, we may keep it for up to 3 years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for 3 years before destroying or deleting it.

10. Sending a message to our support team

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our customer service program. We keep personally identifiable information associated with your messages, such as your name, email address, and phone number so as to be able to track our communications with you to provide a high-quality service.

11. Complaining

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

12. Affiliate and business partner information

This is information given to us by you in your capacity as an affiliate of us or as a business partner.

It allows us to recognize visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship.

We expect any affiliate or partner to agree to reciprocate this policy.

Use of information we collect through automated systems when you visit our website

13. Cookies

Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalized experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

We use cookies in the following ways:

13.1. to track how you use our website

13.2. to record whether you have seen specific messages we display on our website

13.3. to keep you signed in our site

13.4. to record your answers to surveys and questionnaires on our site while you complete them 1.5. to record the conversation thread during a live chat with our support team

We provide more information about the cookies we use in our cookie policy.

14. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.

15. Our use of re-marketing

Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.

We may use a third party to provide us with re-marketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on other websites.

Disclosure and sharing of your information

16. Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.

No such information is personally identifiable to you.

17. Third party advertising on our website

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.

They may also use other technology such as cookies or JavaScript to personalize the content of, and to measure the performance of their adverts.

We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

18. Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

19. Data may be processed outside the European Union

Our websites are hosted in the United States of America.

We use outsourced services in countries outside the European Union from time to time in other aspects of our business.

Accordingly, data obtained within the United States of America or any other country could be processed outside the European Union.

For example, some of the software our website uses may have been developed in the United States of America or in France.

Access to your own information

20. Access to your personal information

20.1. At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.

20.2. To obtain a copy of any information that is not provided on our website you may send us a request at [email protected]

20.3. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

21. Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us at [email protected]

This may limit the service we can provide to you.

22. Verification of your information

When we receive any request to access, edit or delete personally identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Other matters

23. Use of site by children

23.1. We do not sell products or provide services for purchase by children, nor do we market to children.

23.2. If you are under 18, you may use our website only with consent from a parent or guardian.

24. Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

25. How you can complain

25.1. If you are not happy with our privacy notice or privacy policy or if have any complaint then you should tell us by email. Our address is [email protected]

25.2. If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

25.3. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint. Please visit https://www.eugdpr.org/ to review information regarding the complaint process.

26. Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

26.1. to provide you with the services you have requested;

26.2. to comply with other law, including for the period demanded by our tax authorities;

26.3. to support a claim or defense in court.

27. Compliance with the law

Our privacy notice has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website, products, and services.

28. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy notice, please contact us.