WEBSITE HOSTING SERVICES – ACCEPTABLE USE POLICY

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 accounts@openmedium.biz. 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.