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Terms of Service

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  • Terms of Service

Managed Cloud Hosting

These Terms of Service (the “Agreement”) constitute a legally binding agreement between Artmedia Digital, Inc. (“Artmedia Digital”, “we”, “us” or “our”) and you (“User”, “you” or “your”). This Agreement outlines the general terms and conditions governing your access to and use of the Managed Cloud Hosting services provided by Artmedia Digital (collectively referred to as the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and any related policies referenced herein. If you do not agree to these terms, you are prohibited from using or accessing the Services.

  • Additional Policies and Agreements
    • Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the Privacy Policy.
  • Account Eligibility
    • By registering for or using the Services, you represent and warrant that:
      • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
    • It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Artmedia Digital is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the CloudPanel Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account.
    • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    • The Service and any data you provide to Artmedia Digital is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
  • Transfers. Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Artmedia Digital be held liable for any lost or missing data or files resulting from a transfer to or from Artmedia Digital. You are solely responsible for backing up your data in all circumstances.
  • Artmedia Digital Content. Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Artmedia Digital Content"), are the proprietary property of Artmedia Digital or Artmedia Digital's licensors. Artmedia Digital Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Artmedia Digital Content. Any use of Artmedia Digital Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Artmedia Digital Content. All rights to use Artmedia Digital Content that are not expressly granted in this Agreement are reserved by Artmedia Digital and Artmedia Digital's licensors.
  • User Content
    • You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Artmedia Digital that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to Artmedia Digital a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Artmedia Digital does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
    • Artmedia Digital exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Artmedia Digital's computers, network hubs and points of presence or the Internet. Artmedia Digital does not monitor User Content. However, you acknowledge and agree that Artmedia Digital may, but is not obligated to, immediately take any corrective action in Artmedia Digital's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Artmedia Digital shall have no liability due to any corrective action that Artmedia Digital may take.
  • Third Party Products and Services
    • Third Party Providers. Artmedia Digital may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. Artmedia Digital does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Artmedia Digital is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
    • Artmedia Digital as Reseller or Licensor. Artmedia Digital may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Artmedia Digital Products"). Artmedia Digital shall not be responsible for any changes in the Services that cause any Non-Artmedia Digital Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Artmedia Digital Products, either sold, licensed or provided by Artmedia Digital to you will not be deemed a breach of Artmedia Digital's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Artmedia Digital Product are limited to those rights extended to you by the manufacturer of such Non-Artmedia Digital Product. You are entitled to use any Non-Artmedia Digital Product supplied by Artmedia Digital only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Artmedia Digital Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Artmedia Digital Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
    • Third Party Websites. The Services may contain links to other websites that are not owned or controlled by Artmedia Digital ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
  • Prohibited Persons (Countries, Entities, And Individuals). The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Artmedia Digital also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
  • Account Security and Artmedia Digital Systems
    • It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
    • The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Artmedia Digital may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
    • Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Artmedia Digital may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
    • Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Artmedia Digital of an issue, we reserve the right to leave access to services disabled.
    • Artmedia Digital reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  • HIPAA Disclaimer. We are not "HIPAA compliant." You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Artmedia Digital does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Artmedia Digital is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected].
  • Compatibility with the Services
    • You agree to cooperate fully with Artmedia Digital in connection with Artmedia Digital's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Artmedia Digital is not responsible for any delays due to your failure to timely perform your obligations.
    • You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Artmedia Digital to provide the Services, which may be changed by Artmedia Digital from time to time in our sole discretion.
    • You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Artmedia Digital does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
  • Billing and Payment Information
    • Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    • Autorenewal. Unless otherwise provided, you agree that until and unless you notify Artmedia Digital of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
    • Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Artmedia Digital's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
    • Late Payment. All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than thirty (30) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Artmedia Digital may suspend or terminate your account and pursue the collection costs incurred by Artmedia Digital, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Artmedia Digital will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Servers may be reclaimed, and all content deleted, if payment is not made on time. Late payments do not automatically reactivate hosting servers. If you make a late payment, you must contact Artmedia Digital directly to request server reactivation.
    • Domain Payments. It is solely your responsibility to notify Artmedia Digital's Billing department via an email sent to [email protected] after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Artmedia Digital is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
    • Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Artmedia Digital may report any such misuse or fraudulent use, as determined in Artmedia Digital's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    • Payment Card Industry Security Standard Disclaimer. Artmedia Digital relies on QuickBooks payment processing, which is PCI compliant, to securely collect and process customer payments and billing information. While Artmedia Digital ensures PCI compliance for transactions conducted through our payment systems, you are solely responsible for the security of data and billing information handled on your User Website. Artmedia Digital does not monitor or verify User Websites for PCI compliance and cannot guarantee that your User Website adheres to the PCI Standard. If your website handles payment information, it is your responsibility to implement and maintain appropriate security measures to ensure compliance with the PCI Standard.
    • Invoice Disputes. You have ninety (90) days to dispute any charge or payment processed by Artmedia Digital. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
  • Money-back Guarantee
    • Managed hosting services. Artmedia Digital offers a thirty (30) day money- back guarantee for Artmedia Digital's managed hosting services. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
  • Cancellations and Refunds
    • Payment Method. No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
    • Money-back Guarantee. If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Artmedia Digital Support Team (the "Refund Request") within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all hosting fees previously paid by you to Artmedia Digital for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the Artmedia Digital Support Team. Refunds will only be issued for hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
    • Refund Eligibility. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
    • Non-refundable Products and Services. There are no refunds on maitenance services, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Artmedia Digital's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
    • Cancellation Process. You may terminate or cancel the Services by giving Artmedia Digital written notice send by email to [email protected]. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Artmedia Digital may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. We require all cancellations to be done through email in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations for hosting accounts will be effective on the account's renewal date.
    • Domains. Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Artmedia Digital's Billing department via email to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
    • Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Artmedia Digital is not responsible for any change in exchange rates between the time of payment and the time of refund.
    • Termination. Artmedia Digital may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Artmedia Digital or others or cause Artmedia Digital or others to incur liability, as determined by Artmedia Digital in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Artmedia Digital shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Artmedia Digital may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
  • CPU, Bandwidth and Disk Usage
    • Permitted CPU and Disk Usage. All use of hosting space provided by Artmedia Digital is subject to the terms of this Agreement and the Acceptable Use Policy.
      • The hosting space is intended exclusively for web files, active email, and content related to User Websites. It must not be used for storage purposes, including but not limited to the storage of media, emails, or other data, as well as for offsite storage of electronic files, email, or FTP hosts. Artmedia Digital explicitly reserves the right to review all accounts for excessive usage of CPU, disk space, bandwidth, or other resources resulting from any violation of this Agreement or the Acceptable Use Policy.
    • Bandwidth Usage. Bandwidth usage is subject to the limitations specified in Artmedia Digital’s Acceptable Use Policy. Excessive consumption of bandwidth that negatively impacts server performance, disrupts other users, or exceeds the allocated allowance may result in corrective measures. At its sole discretion, Artmedia Digital may take actions such as terminating access to the Services, imposing additional fees, or removing and deleting User Content from accounts found to be in violation of Artmedia Digital's terms and conditions.
  • Uptime Guarantee. If your hosting server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Artmedia Digital and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Web Server software which may differ from the uptime reported by other individual services. To request a credit, please send an email to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit].
  • Reselling. Accounts are strictly prohibited from being used to resell web hosting services to others. Each account is intended for the exclusive use of the account holder and their User Websites. Any attempt to resell hosting space, resources, or services without prior written authorization from Artmedia Digital constitutes a violation of this Agreement and the Acceptable Use Policy. Artmedia Digital reserves the right to terminate such accounts or apply additional fees as deemed appropriate.
  • Security Audits. Artmedia Digital reserves the right to reset the password on a server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your hosting server to prevent downtime from forced password resets. Artmedia Digital reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. Artmedia Digital will not be liable for any loss of data resulting from such deletion.
  • Price Change. Artmedia Digital reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Artmedia Digital through the user billing tool or through other methods of communication, including notices sent or posted by Artmedia Digital.
  • Limitation of Liability. IN NO EVENT WILL ARTMEDIA DIGITAL ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ARTMEDIA DIGITAL IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTMEDIA DIGITAL'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTMEDIA DIGITAL FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  • Indemnification. You agree to indemnify, defend and hold harmless Artmedia Digital, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
  • Independent Contractor. Artmedia Digital and User are independent contractors and nothing contained in this Agreement places Artmedia Digital and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  • Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of New York.
  • Disclaimer. Artmedia Digital shall not be responsible for any damages your business may suffer. Artmedia Digital makes no warranties of any kind, expressed or implied for the Services. Artmedia Digital disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Artmedia Digital or our employees.
  • Backups and Data Loss. Your use of the Services is at your sole risk. Artmedia Digital's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to accounts as a courtesy and may be modified or terminated at any time at Artmedia Digital's sole discretion. Artmedia Digital is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Artmedia Digital's servers. Any account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
  • Limited Warranty. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Artmedia Digital AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. ARTMEDIA DIGITAL AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Artmedia Digital AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  • Disclosure to Law Enforcement. Artmedia Digital may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
  • Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  • Headings. The headings herein are for convenience only and are not part of this Agreement.
  • Changes to the Agreement or the Services
    • Artmedia Digital may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Artmedia Digital website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    • Artmedia Digital reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  • Severability. If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
  • Waiver. No failure or delay by you or Artmedia Digital to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
  • Assignment; Successors. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Artmedia Digital. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Artmedia Digital may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  • Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  • Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Effective as of November 22, 2024

Artmedia Digital Inc.

99 Wall Street #227, NYC 10005
Phone: (917) 410-4111
Email: [email protected]

Mon-Fri 9am-5pm ET

Legal

  • Privacy Policy
  • Terms of Use
  • Terms of Service
  • Accessibility Statement

© 2025 Artmedia Digital Inc. All rights reserved | Invisible reCAPTCHA by Google: Privacy Policy and Terms of Use

✕

Our Commitment

Artmedia Digital is committed to ensuring digital accessibility for all users, including those with disabilities. We are actively working toward compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA to improve accessibility and usability for all visitors.

While we strive to adhere to accessibility standards, some content may not yet fully comply. We are continuously working to improve accessibility and welcome feedback from users experiencing difficulties.

Standards and Guidelines

We strive to conform to WCAG 2.1 Level AA, the widely recognized standard for website accessibility. These guidelines help ensure that digital content is accessible to people with visual, auditory, motor, and cognitive disabilities.

We use modern, standards-compliant HTML and CSS to enhance compatibility with assistive technologies and future browser updates.

Accessibility Features

We have implemented the following features to enhance accessibility:

  • Keyboard Navigation – The website is navigable using a keyboard.
  • Alt Text for Images – Alternative text is provided for meaningful images.
  • Readable Text & Contrast – Colors and text sizes are chosen for better readability.
  • Screen Reader Compatibility – The site works with common screen readers.

Ongoing Efforts

We recognize that web accessibility is an ongoing process and are actively working to improve the user experience. We conduct periodic accessibility reviews and updates to ensure continued compliance and usability.

If you encounter any accessibility barriers, we welcome your feedback.

Alternative Access

If you need assistance accessing content or require alternative formats, please contact us, and we will provide the necessary accommodations.

Compliance Statement

We aim to comply with the Americans with Disabilities Act (ADA) and applicable accessibility laws to ensure our website is accessible to the widest audience possible.

Contact Us

If you experience difficulty using our website, please contact us so we can assist you:

  • Email: [email protected]
  • Phone: (917) 410-4111

We appreciate your feedback and will make reasonable efforts to improve accessibility. We aim to respond to all accessibility requests within 3 business days.


Last Updated March 10, 2025

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Managed Cloud Hosting

These Terms of Service (the “Agreement”) constitute a legally binding agreement between Artmedia Digital, Inc. (“Artmedia Digital”, “we”, “us” or “our”) and you (“User”, “you” or “your”). This Agreement outlines the general terms and conditions governing your access to and use of the Managed Cloud Hosting services provided by Artmedia Digital (collectively referred to as the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and any related policies referenced herein. If you do not agree to these terms, you are prohibited from using or accessing the Services.

  • Additional Policies and Agreements
    • Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the Privacy Policy.
  • Account Eligibility
    • By registering for or using the Services, you represent and warrant that:
      • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
    • It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Artmedia Digital is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the CloudPanel Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account.
    • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    • The Service and any data you provide to Artmedia Digital is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
  • Transfers. Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Artmedia Digital be held liable for any lost or missing data or files resulting from a transfer to or from Artmedia Digital. You are solely responsible for backing up your data in all circumstances.
  • Artmedia Digital Content. Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Artmedia Digital Content"), are the proprietary property of Artmedia Digital or Artmedia Digital's licensors. Artmedia Digital Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Artmedia Digital Content. Any use of Artmedia Digital Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Artmedia Digital Content. All rights to use Artmedia Digital Content that are not expressly granted in this Agreement are reserved by Artmedia Digital and Artmedia Digital's licensors.
  • User Content
    • You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Artmedia Digital that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to Artmedia Digital a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Artmedia Digital does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
    • Artmedia Digital exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Artmedia Digital's computers, network hubs and points of presence or the Internet. Artmedia Digital does not monitor User Content. However, you acknowledge and agree that Artmedia Digital may, but is not obligated to, immediately take any corrective action in Artmedia Digital's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Artmedia Digital shall have no liability due to any corrective action that Artmedia Digital may take.
  • Third Party Products and Services
    • Third Party Providers. Artmedia Digital may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. Artmedia Digital does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Artmedia Digital is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
    • Artmedia Digital as Reseller or Licensor. Artmedia Digital may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Artmedia Digital Products"). Artmedia Digital shall not be responsible for any changes in the Services that cause any Non-Artmedia Digital Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Artmedia Digital Products, either sold, licensed or provided by Artmedia Digital to you will not be deemed a breach of Artmedia Digital's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Artmedia Digital Product are limited to those rights extended to you by the manufacturer of such Non-Artmedia Digital Product. You are entitled to use any Non-Artmedia Digital Product supplied by Artmedia Digital only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Artmedia Digital Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Artmedia Digital Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
    • Third Party Websites. The Services may contain links to other websites that are not owned or controlled by Artmedia Digital ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
  • Prohibited Persons (Countries, Entities, And Individuals). The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Artmedia Digital also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
  • Account Security and Artmedia Digital Systems
    • It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
    • The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Artmedia Digital may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
    • Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Artmedia Digital may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
    • Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Artmedia Digital of an issue, we reserve the right to leave access to services disabled.
    • Artmedia Digital reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  • HIPAA Disclaimer. We are not "HIPAA compliant." You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Artmedia Digital does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Artmedia Digital is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected].
  • Compatibility with the Services
    • You agree to cooperate fully with Artmedia Digital in connection with Artmedia Digital's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Artmedia Digital is not responsible for any delays due to your failure to timely perform your obligations.
    • You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Artmedia Digital to provide the Services, which may be changed by Artmedia Digital from time to time in our sole discretion.
    • You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Artmedia Digital does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
  • Billing and Payment Information
    • Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    • Autorenewal. Unless otherwise provided, you agree that until and unless you notify Artmedia Digital of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
    • Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Artmedia Digital's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
    • Late Payment. All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than thirty (30) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Artmedia Digital may suspend or terminate your account and pursue the collection costs incurred by Artmedia Digital, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Artmedia Digital will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Servers may be reclaimed, and all content deleted, if payment is not made on time. Late payments do not automatically reactivate hosting servers. If you make a late payment, you must contact Artmedia Digital directly to request server reactivation.
    • Domain Payments. It is solely your responsibility to notify Artmedia Digital's Billing department via an email sent to [email protected] after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Artmedia Digital is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
    • Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Artmedia Digital may report any such misuse or fraudulent use, as determined in Artmedia Digital's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    • Payment Card Industry Security Standard Disclaimer. Artmedia Digital relies on QuickBooks payment processing, which is PCI compliant, to securely collect and process customer payments and billing information. While Artmedia Digital ensures PCI compliance for transactions conducted through our payment systems, you are solely responsible for the security of data and billing information handled on your User Website. Artmedia Digital does not monitor or verify User Websites for PCI compliance and cannot guarantee that your User Website adheres to the PCI Standard. If your website handles payment information, it is your responsibility to implement and maintain appropriate security measures to ensure compliance with the PCI Standard.
    • Invoice Disputes. You have ninety (90) days to dispute any charge or payment processed by Artmedia Digital. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
  • Money-back Guarantee
    • Managed hosting services. Artmedia Digital offers a thirty (30) day money- back guarantee for Artmedia Digital's managed hosting services. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
  • Cancellations and Refunds
    • Payment Method. No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
    • Money-back Guarantee. If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Artmedia Digital Support Team (the "Refund Request") within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all hosting fees previously paid by you to Artmedia Digital for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the Artmedia Digital Support Team. Refunds will only be issued for hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
    • Refund Eligibility. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
    • Non-refundable Products and Services. There are no refunds on maitenance services, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Artmedia Digital's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
    • Cancellation Process. You may terminate or cancel the Services by giving Artmedia Digital written notice send by email to [email protected]. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Artmedia Digital may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. We require all cancellations to be done through email in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations for hosting accounts will be effective on the account's renewal date.
    • Domains. Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Artmedia Digital's Billing department via email to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
    • Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Artmedia Digital is not responsible for any change in exchange rates between the time of payment and the time of refund.
    • Termination. Artmedia Digital may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Artmedia Digital or others or cause Artmedia Digital or others to incur liability, as determined by Artmedia Digital in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Artmedia Digital shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Artmedia Digital may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
  • CPU, Bandwidth and Disk Usage
    • Permitted CPU and Disk Usage. All use of hosting space provided by Artmedia Digital is subject to the terms of this Agreement and the Acceptable Use Policy.
      • The hosting space is intended exclusively for web files, active email, and content related to User Websites. It must not be used for storage purposes, including but not limited to the storage of media, emails, or other data, as well as for offsite storage of electronic files, email, or FTP hosts. Artmedia Digital explicitly reserves the right to review all accounts for excessive usage of CPU, disk space, bandwidth, or other resources resulting from any violation of this Agreement or the Acceptable Use Policy.
    • Bandwidth Usage. Bandwidth usage is subject to the limitations specified in Artmedia Digital’s Acceptable Use Policy. Excessive consumption of bandwidth that negatively impacts server performance, disrupts other users, or exceeds the allocated allowance may result in corrective measures. At its sole discretion, Artmedia Digital may take actions such as terminating access to the Services, imposing additional fees, or removing and deleting User Content from accounts found to be in violation of Artmedia Digital's terms and conditions.
  • Uptime Guarantee. If your hosting server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Artmedia Digital and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Web Server software which may differ from the uptime reported by other individual services. To request a credit, please send an email to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit].
  • Reselling. Accounts are strictly prohibited from being used to resell web hosting services to others. Each account is intended for the exclusive use of the account holder and their User Websites. Any attempt to resell hosting space, resources, or services without prior written authorization from Artmedia Digital constitutes a violation of this Agreement and the Acceptable Use Policy. Artmedia Digital reserves the right to terminate such accounts or apply additional fees as deemed appropriate.
  • Security Audits. Artmedia Digital reserves the right to reset the password on a server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your hosting server to prevent downtime from forced password resets. Artmedia Digital reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. Artmedia Digital will not be liable for any loss of data resulting from such deletion.
  • Price Change. Artmedia Digital reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Artmedia Digital through the user billing tool or through other methods of communication, including notices sent or posted by Artmedia Digital.
  • Limitation of Liability. IN NO EVENT WILL ARTMEDIA DIGITAL ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ARTMEDIA DIGITAL IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTMEDIA DIGITAL'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTMEDIA DIGITAL FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  • Indemnification. You agree to indemnify, defend and hold harmless Artmedia Digital, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
  • Independent Contractor. Artmedia Digital and User are independent contractors and nothing contained in this Agreement places Artmedia Digital and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  • Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of New York.
  • Disclaimer. Artmedia Digital shall not be responsible for any damages your business may suffer. Artmedia Digital makes no warranties of any kind, expressed or implied for the Services. Artmedia Digital disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Artmedia Digital or our employees.
  • Backups and Data Loss. Your use of the Services is at your sole risk. Artmedia Digital's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to accounts as a courtesy and may be modified or terminated at any time at Artmedia Digital's sole discretion. Artmedia Digital is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Artmedia Digital's servers. Any account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
  • Limited Warranty. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Artmedia Digital AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. ARTMEDIA DIGITAL AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Artmedia Digital AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  • Disclosure to Law Enforcement. Artmedia Digital may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
  • Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  • Headings. The headings herein are for convenience only and are not part of this Agreement.
  • Changes to the Agreement or the Services
    • Artmedia Digital may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Artmedia Digital website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    • Artmedia Digital reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  • Severability. If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
  • Waiver. No failure or delay by you or Artmedia Digital to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
  • Assignment; Successors. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Artmedia Digital. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Artmedia Digital may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  • Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  • Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Effective as of November 22, 2024

✕

Welcome to artmedia.digital

The artmedia.digital website (the “Site”) is comprised of various web pages operated by Artmedia Digital. This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of artmedia.digital is subject to Artmedia Digital’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting artmedia.digital or sending emails to Artmedia Digital constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Artmedia Digital is not responsible for third party access to your account that results from theft or misappropriation of your account. Artmedia Digital and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Artmedia Digital does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use artmedia.digital only with permission of a parent or guardian.

Links to third party sites/Third party services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Artmedia Digital and Artmedia Digital is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Artmedia Digital is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Artmedia Digital of the site or any association with its operators.

Certain services made available via artmedia.digital are delivered by third party sites and organizations. By using any product, service or functionality originating from the artmedia.digital domain, you hereby acknowledge and consent that Artmedia Digital may share such information and data with any third party with whom Artmedia Digital has a contractual relationship to provide the requested product, service or functionality on behalf of artmedia.digital users and customers.

Online payments are processed by Intuit QuickBooks, a secure online payment-processing system. Support is handled directly by QuickBooks via email or toll-free phone. You are free to either contact Artmedia Digital or QuickBooks directly with any problems or support related issues.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use artmedia.digital strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Artmedia Digital that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Artmedia Digital or its respective owners and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Artmedia Digital content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Artmedia Digital and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Artmedia Digital or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your Artmedia Digital account to third party accounts. By connecting your Artmedia Digital account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Artmedia Digital from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Artmedia Digital Content accessed through artmedia.digital in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Artmedia Digital, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Artmedia Digital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Artmedia Digital in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARTMEDIA DIGITAL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ARTMEDIA DIGITAL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARTMEDIA DIGITAL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTMEDIA DIGITAL LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ARTMEDIA DIGITAL LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Artmedia Digital reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Artmedia Digital as a result of this agreement or use of the Site. Artmedia Digital’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Artmedia Digital’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Artmedia Digital with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Artmedia Digital with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Artmedia Digital with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Artmedia Digital reserves the right, in its sole discretion, to change the Terms under which artmedia.digital is offered. The most current version of the Terms will supersede all previous versions. Artmedia Digital encourages you to periodically review the Terms to stay informed of our updates.

Contact

For any questions or concerns regarding the Terms of Use, you may contact us using the following details:

Artmedia Digital, Inc.
99 Wall Street #227, NYC 10005
Email: [email protected]
Phone: (917) 410-4111


Effective as of November 22, 2024

✕

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our website?

When registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.

When do we collect information?

We collect information from you when you fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our website in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To send periodic emails regarding your order or other products and services.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

Do we use “cookies”?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

  • If you disable cookies off, some features will be disabled,
  • It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.

Third Party Disclosure

We do not sell, trade, or otherwise transfer your personally identifiable information, including phone numbers and opt-in consent, to third parties. Importantly, no mobile information, including text messaging opt-in data and consent, will be shared with third parties or affiliates for marketing or promotional purposes.

We may disclose your information if required to comply with legal obligations, enforce our site policies, or protect our rights, property, or the safety of others.

Non-personally identifiable visitor information may be shared with third parties for purposes such as marketing, advertising, or other business activities. However, this excludes any text messaging opt-in data and consent, which will not be shared with any third parties.

Third party links

We do not include or offer third party products or services on our website.

Microsoft Clarity

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users: support.google.com/adspolicy/answer/6008942

We have not enabled Google AdSense on our site but we may do so in the future.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy: consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3

According to CalOPPA we agree to the following:

  • Users can visit our site anonymously.
  • Once this privacy policy is created, we will add a link to it on our home page.
  • Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

  • On our Privacy Policy Page.

Users are able to change their personal information:

  • By logging in to their account.

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third party behavioral tracking?

It’s also important to note that we allow third party behavioral tracking.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

  • We will notify the users via email: within 7 business days.
  • We will notify the users via in site notification: within 1 business day.

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM we agree to the following:

  • NOT use false, or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

Contact

Artmedia Digital welcomes your questions or comments regarding the Privacy Policy:

Artmedia Digital, Inc.
99 Wall Street #227, NYC 10005
Email: [email protected]
Phone: (917) 410-4111


Effective as of November 22, 2024