THE TERMS OF SERVICE AGREEMENT (this “Agreement” or “TOS”) is an agreement between OpenMedium, Inc. (“OpenMedium,” “we,” “us,” or “our”) and each reseller and end-user client account (“Customer” or “You”). It contains the terms and conditions that govern the access and use of this Website, our Website Hosting Services, and Consulting Services (the “Services”) as defined below, by you. We may update this Agreement from time to time in our sole discretion; the current version may be found at https://www.openmedium.biz/legal/.
This Agreement takes effect when you clicked- through or provided written approval during the process of purchasing any Services directly on our website, by email, or through a reseller (an “Order”). Your use of, and participation in, certain Services offered by OpenMedium may be subject to additional terms incorporated herein or at the time of placing your Order.
ACCESS TO SERVICES
Website Hosting Services. You may purchase Website Hosting Services by placing an Order with us. Subject to the terms and conditions of the Agreement, we will use commercially reasonable efforts to provide Customer with the Website Hosting Services in accordance with the Service Legal Agreement (the “SLA”) during the Subscription Term specified in the Order. Our SLA sets out our obligations in the event the Website Hosting Services are unavailable. The SLA specifies Customer’s sole remedies for downtime, unavailability, or other SLA failures.
a. Customer shall use the Website Hosting Services solely for its intended purpose in accordance with this Agreement and our Acceptable Use Policy (“AUP”). YOU AGREE NOT TO USE THE WEBSITE HOSTING SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE WEBSITE HOSTING SERVICE TO COLLECT OR MANAGE SENSITIVE INFORMATION.
b. Customer shall provide us with all information, assistance and materials as reasonably required for us to activate and operate the Website Hosting Services.
c. Customer acknowledges that we may provide the Website Hosting Services using our own infrastructure or we may engage third parties to provide or enable elements thereof. We will not arbitrarily make changes to the Website Hosting Services. However, from time-to-time, we may make changes to address technical issues and/or ensure the stability of our network and during this time the Website Hosting Services may be unavailable. We will use commercially reasonable efforts to provide Customer with notice of anticipated unavailability. However, we may need to make emergency changes without notice.
d. From time-to-time either we, or the providers of the Third Party Services, may cease supporting aspects of the Website Hosting Services, or provide replacement components (any such event, an “End of Life”). Should components of the Website Hosting Services come to an End of Life, we will use commercially reasonable efforts to replace them with comparable components, but may not be able to do so. No End of Life shall constitute a breach of this Agreement.
e. Certain aspects of the Website Hosting Services may be in beta form as designated by us (“Beta Services”). In addition to the disclaimers of warranty set out in this Agreement, the Beta Services are provided on an as-is basis with the express understanding that they may not have been tested, have faults, and may not be as secure as other elements of the Services. Any SLA, indemnity, representation or warranty that we provide herein does not apply to the Beta Services. We reserve the right to terminate the Beta Services at any time, even if Customer has relied on them as a material inducement to enter into this Agreement. We make no guarantee that Beta Services will be put into production.
f. If Customer orders a dedicated IP address from us, the Customer has the right to use this IP address only during the Term and subject to this Agreement. Upon termination or expiration of this Agreement for any reason Customer will have no further right to use this IP address. Customer acknowledges that the dedicated IP address may be revoked at any time according to our Acceptable Use Policy which the customer agrees to fully comply with. Additionally, Customer acknowledges that IP addresses are a limited global internet resource and may be required to relinquish the assigned address, in such a case the customer will be credited for the dedicated IP address charges for the remainder of their service Term.
g. Elements of our Website Hosting Services are duplicated for disaster recovery purposes (“Websites Backups”). Website Backups are designed to restore the Website Hosting Services in an emergency as a “Best Effort” service. Data restored from a Website Backup may not be formatted in the original manner, and may not capture all data. We have no obligation to Customer, or any third party, to restore all of Customer Content, or liability for failure to do so.
h. As between the parties, you own and retain all rights to your Customer Data in your Website Hosting Services account. This Agreement does not grant us any ownership rights to Customer Data relating to Website Hosting Services. You grant permission to us and our licensors to use the Customer Data only as necessary to provide Website Hosting Services to you and as permitted by this Agreement. If you are using the Website Hosting Service on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so.
Consulting Services. You may purchase Consulting Services by placing an Order with us. Your Order may contain additional terms detailing the deliverables to be completed by us (“Scope of Services” or “SOW” or “Scope of Work”).
a. OpenMedium and Customer agree to cooperate in good faith to achieve satisfactory completion of the Consulting Services and deliverables, documented in the SOW, in a timely and professional manner.
b. OpenMedium and Customer will each designate a representative to interface and facilitate the successful completion of the Consulting Services and SOW. Any Subcontractor (defined below) designated by OpenMedium to perform any portion of the Consulting Services will designate a representative to interface with Customer and OpenMedium on all matters relating to Subcontractor’s performance of Consulting Services.
c. OpenMedium will perform the Consulting Services, directly or through a Subcontractor(s) of its choice. Customer agrees to provide, at no cost to OpenMedium, timely and adequate assistance and other resources reasonably requested by OpenMedium to enable the performance of the Consulting Services (collectively, “Assistance”). Neither OpenMedium, nor its Subcontractor(s) will be liable for any deficiency in performance of Consulting Services to the extent resulting from any acts or omissions of Customer, including but not limited to, Customer’s failure to provide Assistance as required hereunder.
d. In performing the Consulting Services, OpenMedium will provide such resources, and utilize Subcontractor(s) as it deems necessary to perform the Consulting Services or any portion thereof. Customer may object to OpenMedium’s election of Subcontractor(s) by specifying its objection to OpenMedium, in which case OpenMedium will cooperate in good faith to appoint another Subcontractor(s) to perform such Services. OpenMedium may replace Subcontractor(s) in its normal course of business, provided that OpenMedium will be responsible for the performance of Services by all Subcontractor(s).
e. OpenMedium will control the method and manner of performing all work necessary for completion of Consulting Services, including but not limited to the supervision and control of any Subcontractor(s) performing Consulting Services. OpenMedium will maintain such number of qualified Subcontractor(s) and appropriate facilities and other resources sufficient to perform OpenMedium obligations under the Agreement.
f. Customer agrees to reimburse OpenMedium for all actual reasonable and necessary expenditures, which are directly related to the Consulting Services. These expenditures include, but are not limited to, expenses related to travel (i.e., airfare, hotel, temporary housing, meals, parking, taxis, mileage, etc.), telephone calls, and postal expenditures. Expenses incurred by OpenMedium will be reimbursed by the Customer within fifteen (15) days of OpenMedium’s proper written request for reimbursement.
g. The result of any and all Consulting Services and deliverables agreed upon in the Order by OpenMedium and Customer, including original work (with the exception of clearly marked documents created by OpenMedium independently of Customer), will remain the property of Customer. Customer may use this material in any way deemed appropriate. OpenMedium shall not publish or otherwise distribute any written materials (including any public website content) referencing Customer without the express prior written consent of the Customer.
h. Customer shall not publish or otherwise distribute any written materials (including any public website content) referencing OpenMedium without the express prior written consent of OpenMedium.
Payment Information. OpenMedium will keep your contact information, billing information and credit card information (where applicable) up to date. Changes to your payment information may be made in your customer billing portal or by calling customer support. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term or as specified in the Order. If you are a reseller that purchases on behalf of an end-user client, you agree to be responsible for the Order and to guarantee payment of all fees.
Payment Against Invoice. If you are paying by invoice, we will invoice you no more than fifteen (15) days before the beginning of the Subscription Term and each subsequent billing period, and other times based on the Scope of Work specified in your Order. All amounts invoiced are due and payable within fifteen (15) days from the date of the invoice, unless otherwise specified in the Order.
Payment By Credit Card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term or Scope of Work specified in the Order. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Early Termination. The Subscription Term or Scope of Work will end on the expiration date detailed in the Order. This Agreement may be terminated for any or no reason on thirty (30) days’ written notice by either the Customer or OpenMedium. The Termination Date shall be the thirtieth (30th) day following the day notice to the other party is deemed to have been given. If any part of your payments are due or past due, they are still deemed due and payable.
Refunds. OpenMedium does not provide refunds if Customer decides to stop using the Services during the current Subscription Term or Scope of Work.
For the purposes of this Agreement, “Confidential Information” means all information disclosed by OpenMedium to Customer or by Customer to OpenMedium which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these terms; (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Subject to the express permissions of this Agreement, OpenMedium and Customer will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to this Agreement, each party may use the other party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement and shall disclose such Confidential Information solely to those of its Subcontractors who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
Notwithstanding the foregoing, this Agreement shall not prevent the party receiving Confidential Information from disclosing such Confidential Information to the extent required by a judicial order or other legal obligation, provided that, in such event, the receiving party shall promptly notify the disclosing party of such requirement to allow intervention (and shall cooperate with the disclosing party at the disclosing party’s expense) to contest or minimize the scope of the disclosure (including application for a protective order).
The Parties acknowledge that any unpermitted disclosure of a party’s Confidential Information is likely to cause the disclosing party irreparable harm for which its remedies at law would be inadequate. Accordingly, each party (as the receiving party) acknowledges and agrees that the party disclosing Confidential Information will be entitled, in addition to any other remedies available to it at law or in equity, to the issuance of injunctive relief, without bond, enjoining any breach or threatened breach of the receiving party’s obligations hereunder with respect to the Confidential Information of the disclosing party, and such further relief as any court of competent jurisdiction may deem just and proper.
Upon termination of this Agreement or a request by a disclosing party, each party, as a receiving party of Confidential Information, will return to the disclosing party any and all copies of the material containing the other party’s Confidential Information, or any portion thereof, in the possession of the receiving party, except for information necessary to implement the objectives of this Agreement after its termination.
Customer agrees to indemnify, hold harmless, and at OpenMedium’s option defend OpenMedium and its officers, directors, employees, advisors, subsidiaries, affiliates and subcontractors from any and all claims and all related losses, liabilities, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) arising from or related to: (a) any allegation that the Services: (i) violate or in any way infringe or misappropriate any third party’s patent, copyright, trademark, trade secret or other intellectual property right, (ii) violate any applicable law, rule or regulation, or (iii) constitute, or contain material that constitutes, libel, defamation or a violation of the right of privacy or publicity; and (b) any claim that is based, in whole or in part, on any act or omission of Customer (or any of Customer’s Personnel). These indemnification provisions shall be conditioned upon Customer not consenting to any judgment or decree or entering into any settlement of such action without OpenMedium’s prior written approval.
LIMITATION OF LIABILITY
In no event shall OpenMedium, nor its directors, employees, partners, agents, suppliers, affiliates or Subcontractors, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
OpenMedium its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
This Agreement shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitutes the terms and conditions between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
THIS SERVICE LEVEL AGREEMENT (“Agreement” or “SLA”) shall apply to Website Hosting Services (“Service” or “Services”) provided by OpenMedium, Inc. (“OpenMedium” or “we” or “our” 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 SLA from time to time in our sole discretion; the current version may be found at https://www.openmedium.biz/legal/.
We are committed to providing a highly available and secure network to support to our Customers. Providing our Customers with consistent access to our Services is a high priority for Us and is the basis for OpenMedium’s commitment in the form of an SLA. The SLA provides certain rights and remedies in the event that our Customers experience service interruption as a result of failure of our infrastructure.
OpenMedium will make the Services available 99.9% of the time, excluding any Excused Downtime. In a given calendar month, we calculate “Service Availability” as follows:
Service Availability =
(total minutes Services are available) x 100
(total minutes in the month) – (Excused Downtime)
The total number of minutes that the Customer cannot access the Service.
The calculation of Downtime Minutes excluding time that the Customer is unable to access the Services due to any of the following:
a) Maintenance Time;
b) Your own Internet service provider
c) Force Majeure event
d) Any systemic Internet failures
e) Any failure in your own hardware, software or Network connection
f) Customer bandwidth restrictions
g) Client’s acts or omissions
h) Your breach of our Acceptable Use Policy
i) Software plugins or API integrations not create or controlled by us;
j) DNS outages or DNS management systems not controlled by us;
k) Any issues related to attacks on our hardware and software such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits; and
l) Anything outside of the direct control of OpenMedium
“Scheduled Maintenance” includes any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance.
Data Center location: Tampa, Florida, United States
“Scheduled Maintenance” window: 11:00 PM – 3:00 AM Mountain Time
“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advanced notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems. These change controls happen immediately with little notification ahead of time.
You are entitled to a credit of 5% of the applicable monthly Fees for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.) In order to receive a credit, you must contact Support by Help Desk ticket within 15 days of the event giving rise to the credit. Credits are based on our monitoring, shall not exceed 100% of the applicable monthly Fees, may not be carried over or aggregated, are forfeited at the expiration or termination of the Agreement, and will not be paid or provided as a refund.
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 firstname.lastname@example.org. 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:
8181 Arista Place
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/
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.
- 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
- Reflective Attacks
- DNS Attacks
- ACK and Push Flood
- Fragmented ACK
- Application Layer Protection
- HTTP Flood
- SMTP Flood
- Slow Reading Attack
- 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
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.
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.
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@example.com. 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.
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 firstname.lastname@example.org.
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.
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
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.
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
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.
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.
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@example.com
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 firstname.lastname@example.org.
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.
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
25.2. 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.
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.