Terms and Conditions

Any violation of the Terms and conditions will result in action that Hyve feels appropriate, which could be the termination of your account. No refund will be given for any interruption in service resulting from policy violations.

VIOLATION OF HYVE’S TERMS AND CONDITIONS IS STRICTLY PROHIBITED AND COULD RESULT IN TERMINATION OF YOUR ACCOUNT. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ALL CONTENT THAT YOU DISPLAY, STORE, UPLOAD, DOWNLOAD OR BROADCAST THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES ANY PART OF YOUR ACCOUNT. HYVE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Security

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is attacked, it will be de-activated and an immediate investigation will begin. In such an event, the customer is responsible for the cost to fix any damage done.

Violations of system or network security are prohibited, and may result in criminal and/or civil charge. Hyve may investigate incidents involving such violations and may involve law enforcement. Violators of the policy are responsible, without limitations, for the cost of labour required to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Hyve. Hyve is concerned with the privacy of online communications and web sites but cannot take responsibility for the security of information transmitted over the Hyve facilities.

The customers are responsible for protecting their own password. The customer will not use or permit anyone to use Hyve services or service to hack passwords or to access other systems or networks without authorization. Hyve will fully cooperate with law enforcement in the detection and prosecution of any such illegal activity.

Software Piracy Policy

The Hyve network and related services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of current law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law. In compliance with the Digital Millennium Copyright Act (the “DMCA”), please email notifications of claimed copyright infringements to our legal department (see our contact us page for details). Hyve will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network

Customers must use the Hyve network responsibly. This includes respecting other Hyve customers. Hyve reserves the right to terminate service with any Customer who uses the Hyve network in such a way that it unfavourably affects other Hyve customers. Violations of this policy may be reported to the law if deemed appropriate. Hyve will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Bandwidth Policy

Bandwidth is not restricted, however it is subject to fair usage. Please see our Bandwidth Policy page for more info.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or Hyve’s Terms and Conditions is strictly prohibited.

Content

Content may be stored and published as long as its content remains legal. Illegal material includes copyrighted works, commercial audio, video, or music files, counterfeit products and any material in violation of any law or regulation. Non-Acceptable Content includes, but is not limited to, Child pornography, content containing any person under the age of 18, Incest and Bestiality. You may NOT link to and/or provide information about such content. Any customer found to be violating these rules will have their account terminated immediately without refund and the offending content and customer details will be passed on to the authorities. The definition of “content” is left entirely to the discretion of Hyve. We are in full support of the Internet Watch Foundation (www.iwf.org.uk).

Child Pornography

Hyve will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their own content and the actions of their clients over the Hyve network, and will be liable for illegal material displayed/sent etc. by their clients or themselves. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act will be reported to the correct authorities. Please email notifications of claimed infringements to our legal department (see our contact us page for details).

Etiquette

The customer is expected to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Hyve may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libellous, tortuous, indecently depicts children or is likely to result in reprisal against Hyve by offended users. Hyve reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Unsolicited Commercial E-mail

Hyve will not tolerate the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Violations of this policy carry severe penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via email as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium. Customers of Hyve are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Hyve network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Hyve’s SPAM policy will result in severe penalties. If Hyve are notified of an alleged violation of our SPAM policy, an investigation will be initiated. During the investigation, Hyve may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hyve may terminate the customer’s account. Further, Hyve reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Hyve will notify the law if the violation is believed to be a criminal offence. Violation of Hyve’s SPAM policy may be reported to our abuse department (see our contact us page for details).

Email Services

Hyve reserves the right at its sole discretion at any time, to block any and all email and/or attachments deemed inappropriate or high risk in accordance with the Hyve security policies.

IP Address

Hyve administers the network on which customer servers reside. The customer cannot use IP addresses that were not assigned to them by Hyve staff. Any server found using IP’s that were not officially assigned, will be suspended from network access until such time as the IP addresses overlap can be corrected. No Hyve IP address is portable or transferable.

Domain Name Registration

All domain names are registered on a first-come, first-served basis. Domain names often appear to be available up to 24 hours following registration. For this reason, Hyve wishes to emphasise that Paying for domain names in no way guarantees that the domain names you have chosen are available and can be registered. You are therefore advised not to take any action in respect to a domain name until full registration has been completed and confirmed to you in writing. Domain renewal takes place automatically at the end of the current domain registration period. Hyve disclaims any responsibility for reminders to customers or users for pending renewal. Domain cancellations must be received in writing at least 2 weeks in advance of the domain expiration date. Failure to provide written cancellation of your domain name(s) in sufficient time will result in the automatic renewal of your domain name(s) and the application of all associated charges. Hyve can accept no responsibility for any losses incurred as a result of unwanted renewal of your domain names.

Hardware

Hyve reserves the right to upgrade hardware without notifying the customer provided that the level of service remains consistent or improves.

Security Review/Website Security Test and Penetration Test

Hyve’s Security Review/Website Security Test & Penetration Test Service aims to reveal, with the aid of online scanners, any known vulnerabilities that may be a potential risk to both the client organisation and its customers. Hyve cannot guarantee that the scans will uncover all known vulnerabilities at the time of the scans or thereafter. Hyve cannot be held responsible or liable in any way for vulnerabilities not identified by the scans; this includes attacks carried out after the scans have been completed. Due to the frequent discovery of new vulnerabilities, Hyve cannot guarantee that the subject of the scans will be risk-free from hackers and can accept no viability if the scanned subject is successfully hacked or exploited in any way following any scan by Hyve. Hyve guarantees the confidentiality of all information gathered by the scans and by any other method during the Security Review process. Hyve will not, under any circumstances, pass any data collected to any third party, nor will Hyve use the data for any marketing or promotional use.

Internet Relay Chat (IRC)

Hyve allows the use of IRC inside the Hyve network as long as the use of IRC on a Hyve server does not violate any of the other Terms and Conditions. As a policy, Hyve will not provide vanity IRC reverse DNS records. To enforce this policy Hyve does not turn the reverse address of IP’s over to the customer. Authority over this information remains with Hyve.

Billing

The customer is responsible for paying for any network resources that are used to connect to the Internet. The customer may request that the customer’s server/service be disconnected from the Internet, but the customer is still responsible for paying for any network resources used up to the point of suspension or cancellation.

Hosting Services Agreement (HSA) Contract Consent

By proceeding with payment and making use of Hyve services, Client hereby agrees to the terms of service set forth in the Hosting Services Agreement (HSA) contract.

Suspension

Hyve reserves the right to suspend network access to any customer, if the Hyve network administrators feel the customer’s server/service is the source or target of the violation of any of the other Terms and Conditions or for any other reason which Hyve decides. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

Cancellation

Hyve reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Hyve if Hyve institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer. Customers may cancel at any time by sending a 1 month written notice (via the MyHyve portal ticketing system, www.myhyve.com or by email to our accounts department; see our contact us page for details only). Upon receipt of the cancellation request, a confirmation will be sent to the customer via email; if this confirmation email has not been received by the customer, the cancellation request has not been received by Hyve and will not take place. A cancellation fee based on the outstanding balance detailed within the Hosting Services Agreement (HSA) contract is applicable and must be paid immediately upon cancellation. The customer’s hosting platform will remain active for the duration of the agreed timeframe within the HSA from receipt of the written notice of cancellation.

Indemnification

Hyve wishes to emphasise that in signing the Services Agreement or its equivalent, you the customer indemnifies Hyve for any violation of the Services Agreement or its equivalent, law or Terms and Conditions that results in loss to Hyve or the bringing of any claim against Hyve by any third-party. This means that if Hyve is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Hyve, plus all reasonable costs.

Client agrees that Hyve shall not be liable to Client for any claims of actual, compensatory and/or consequential damages which may be suffered by Client, including, but not limited to, losses or damages due to the loss of data resulting from delays, non-deliveries, or service interruptions caused by the fault or negligence of Hyve. Notwithstanding the above mentioned, Client’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate GBP amount which Client paid during the term of the Agreement.

Backups

Hyve maintains a standard backup retention period of 7 days only, unless otherwise requested and agreed. Any data backed up outside of this retention period will not be kept or available for restore. Hyve will not accept responsibility for any data loss outside of our backup retention period.

Website traffic (IIS/Apache) logs are the responsibility of the client. Hyve will not be held liable for any loss of statistical data or financial loss thereof.

Open Source Products

Hyve offers absolutely no warranty on any open source products running on our servers. Open source products are entirely the responsibility of the customer.

Hyve accept no responsibility for any open source products functioning after updates to our servers and other entities which are related to open source products.

If Open source product installations using the Plesk “Application Vault” are failing Hyve will contact SW-Soft support team and report any problems. Hyve accepts no responsibility for SW-soft products.

If a customer wishes to maintain an open source installation we advise that they join the open source forums and constantly check for updates on the internet. Hyve do offer a maintenance solution for OSCommerce of which is chargeable at our standard development rate.

If your server or service is hacked

Hyve hold no responsibility for servers or websites which are hacked and may need to shutdown servers or websites to avoid network saturation and malicious activity on our network.

We recommend the following mitigation actions are carried out immediately:

• Change passwords to all FTP Accounts
• Change passwords to all Email accounts
• Change passwords to all SSH and RDP logins
• Check site permissions, do not grant everyone full control or give 777 permissions to any sites
• Update all software on the server including versions of databases, application server software such as php, .NET and ColdFusion, update control panel versions.
• Update all operating system software such as Linux and Windows.
• Update all software such as WordPress, Joomla etc.
• Ensure to update all firewall rules
• Ensure all admin systems are locked down
• Your developer will need to cleanse all code thoroughly to ensure all malicious files are removed from the server. A server rebuild may be necessary
• Create a plan to update all the above on a regular basis

Please contact our support team immediately to inform us whether you wish to carry out mitigation actions yourself or if you wish for Hyve to consult with you and carry out the work for you. We will most likely need to charge extra management fees to cover this work and may recommend compulsory platform changes to avoid issues in the future. If you wish to carry out the procedure yourself, we will need to be informed of your plan of action.

Customer Migration.

Hyve agree to provide a customer migration service for new clients. This service is limited to the copying / cloning of customer data from external source servers to Hyve infrastructure. Any configuration or code changes required to customers applications and/or code will be carried out as a best effort and is in no way a guaranteed service. Client hereby agrees that Hyve holds no responsibility for the migration success or the testing of the client application in any way.

Disclaimer of Responsibility

Hyve is under no duty to look at each customer’s or user’s activities to determine if a violation of the Terms and Conditions has occurred, nor does Hyve assume any responsibility through our Terms and Conditions to monitor or police Internet-related activities. Hyve disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy. All Sub-Networks, resellers and managed servers of Hyve must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Termination.

Hyve will not be held responsible for any damages suffered by your business. Hyve makes no warranties of any kind, expressed or implied for services provided. Hyve disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hyve and its employees. The services provided by Hyve are provided AS-IS and without any warranty expressed or implied. Hyve reserves the right to revise its policies at any time.

Hyve cannot be held liable for any legal fees, damages, losses, costs or other expenses in relation to any claims or actions brought against Hyve as a result of server or 3rd party software vulnerabilities or any code written by Hyve and its employees or contractors.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE TERMS AND CONDITIONS AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS AND CONDITIONS BY YOU.