Terms of Service ("TOS")
The following terms constitutes a legal binding contract (the “Agreement”) by and between HiveData, and you and effective as of the date of purchasing services from HiveData.
BY USING SERVICES PROVIDED BY HiveData. YOU SIGNIFY THAT YOU AGREE TO THIS DOCUMENT.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, HiveData. WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 MB - 1 GB will be treated and billed as the same.
Any attempt to undermine or cause harm to a server or customer of HiveData. is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of HiveData. must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Your right to a refund is terminated if you open any form of PayPal dispute, or credit card dispute. The refund does not include addons or domains.
By the Account Activation Date of each month, HiveData. shall either: (1) Debit the client's credit card (when such information has been provided by the client); or (2) Deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to HiveData. by no later than the specified payment due date. HiveData. shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by HiveData. to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to HiveData. and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Cancellations and Refunds
We do not generally refund cancelled services. All refunds must be requested at our support system at HiveData. Cancellations for dedicated servers must be requested one week prior to renewal date. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit. We reserve the right to cancel any account at any time with or without notice.
Late payment of bills over five days will cancel the order termination of service.
Limitation of Liability
HiveData. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HiveData. servers going off-line or being unavailable for any reason whatsoever. Furthermore, HiveData. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HiveData. servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to abuse#(@)HiveData.center . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
HiveData. cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by HiveData. are resold. Thus, certain equipment, routing, software and programming used by HiveData. are not directly owned or written by HiveData.. Moreover, HiveData. holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as HiveData. sees fit.
By activating your account with HiveData., you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
HiveData. guarantees 99.9% service uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.