Legal

Legal Department

Contact
Hivelocity, Inc.
Attn: Legal Department
8010 Woodland Center Blvd
Suite 700 Tampa FL 33614

Toll Free: 888-869-4678
Local: 813-471-0355
Fax: 813-902-6477

Legal Enquiries
legal@hivelocity.net

Confidential Reporting Line
To report concerns related to unethical behavior, unlawful business conduct, and/or violations of the Code of Conduct call 813-514-2549

Privacy Notice

Last updated: August 08, 2023

Thank you for visiting Hivelocity. The Hivelocity website and its associated services (collectively “Services”) are owned and operated by Hivelocity, Inc. (“Hivelocity”), which is a Florida corporation. Hivelocity has adopted this privacy notice (“Privacy Notice”) because it believes that you should always know what kind of data it collects from you, how it collects and uses that data, and how you can have control over that data. Hivelocity strives to be transparent in its data collection efforts and to provide you with the clear and concise information that you need to make decisions about Hivelocity’s collection of data from you.

Data Collected

Hivelocity collects data from you when you share it with us and when you use the Hivelocity Services. When you provide your Personal Data (defined below) to Hivelocity, Hivelocity acts as a controller of Personal Data. When you use the Services to store or process Personal Data that you collect, you appoint Hivelocity as a data processor to process data on your behalf and in accordance with your instructions or as otherwise necessary to provide the Services to you.

Data You Share With Us

Hivelocity may collect the following information from you when you voluntarily share it with us (“Personally Identifiable Information”):

Name;
Company name;
Address;
Telephone Number;
Email Address;
Security questions and answers;
Credit Card and debit card information;
Passport number; and
Driver’s License.

This Personally Identifiable Information is used for the following reasons:

To provide you with the Services;
For billing and contracting purposes;
To process your payment;
To authenticate your account;
To send you marketing e-mails concerning our Services;
To communicate with you;
To provide you with customer service or support;
To keep records of communications through our Services;
To comply with regulations; and
To pursue or defend against legal claims.

Data We Receive From You

Hivelocity may also collect personal data from you automatically when you use the Services (“Personal Data”). This Personal Data may include the following:

Location data, such as by collecting and processing your IP address and device settings;
Technical data, such as your IP address, your device IDs, server location, server type, server position, IP assignments, and MAC addresses;
Usage and interaction data, including the manner in which you interact with the Hivelocity Services; and
Marketing data, such as your IP address, your advertising or creative ID, your geographical location, pages visited, referring web page, search terms, cookie data, and advertising IDs.

This Personal Data may be used for the following reasons:

To provide location-based Services or to tailor the Services to your geographic location;
To respond to law enforcement requests;
To provide content that is relevant to your geographic location;
To analyze your use of the Services, to administer and secure our Services, to determine how Hivelocity should allocate server resources, to understand the technical load on Hivelocity’s servers, and to detect and report fraud;
To better tailor our services or to understand how we can better improve our user interfaces; and
To provide advertisements to you, to determine the relevance of advertisements, and to help make advertisements more relevant to your preferences.

Use of Cookies

Hivelocity may collect data from you using cookies and other technologies. Hivelocity may use cookies to:

Ensure the functionality of the Services, including by allowing you to add services to your cart and to retain information for a session when you use the Services;
To authenticate users and to prevent fraud and abuse;
To understand how you interact with the Service so that we may improve it;
To personalize the Service to your wants and needs; and
To provide you with advertisements.

Hivelocity may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Services and are automatically deleted when you close your web browser. Persistent cookies are stored as a file on your computer or mobile device that remain on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the website that created the cookie when you revisit it again. Hivelocity may use persistent cookies when it uses Google Analytics or other analytics providers.

Marketing Communications

Hivelocity may send you marketing communications if you have asked us for information concerning our services or if you have agreed to, and have not opted out from, receiving marketing communications. You may ask us to stop sending you marketing messages at any time by following the opt-out link in any marketing message set to you.

Disclosure of Personally Identifiable Information and Personal Data

Hivelocity will only share your Personally Identifiable Information or Personal Data under limited circumstances. Hivelocity will disclose your Personally Identifiable Information and Personal Data:

Upon your consent or at your direction;
To its subsidiaries and affiliates;
To contractors, business partners, and service providers that Hivelocity uses to support the Service;
In the event Hivelocity sells or transfers all or a part of its business or assets;
To Hivelocity’s accountants, auditors, insurers, or attorneys;
In response to lawful requests from public authorities, including upon receipt of an exigent circumstances request, upon receipt of a duly authorized subpoena or court order, or where doing so is necessary to protect our users, our employees, our contractors, third parties, or property.

We will ensure that the Personal Data transferred will be used solely for the support of our service and we will maintain controls, contracts, and/or non-disclosure agreements with third parties, to ensure the correct use of information disclosure.

Legal Basis for Collection and Use of Personally Identifiable Information and Personal Data

Hivelocity collects and processes the above-described Personally Identifiable Information and Personal Data consistent with the European General Data Protection Regulation (EU GDPR), the UK Data Protection Act 2018, and the UK GDPR. Hivelocity collects this data to comply with its contractual obligations, to perform the Services, to communicate with you, and to administer its Services and business. Hivelocity’s lawful ground for processing this Personally Identifiable Information and Personal Data is the following:

Your consent, when you voluntarily submit Personally Identifiable Information and Personal Data to Hivelocity;
Hivelocity’s legitimate interest in providing its Services, maintaining its business records, communicating with its users, performing its contractual obligations, and growing its business through marketing efforts; and
Compliance with a legal obligation to which Hivelocity is subject.

Access, Protection, and Retention of Personally Identifiable Information and Personal Data

If you have registered an account with Hivelocity and are a citizen of the European Union, Hivelocity provides you with account settings that let you modify, correct, or delete the personal data that you have provided to us that is associated with your account. You may access these accounts settings at https://www.hivelocity.net/. Whether you are located in the European Union or elsewhere, to stop our collection and use of your personal data, you need only to delete your account.

If you have not registered an account with Hivelocity, we only collect technical data from you. To stop our collection and use of your technical data, you need only cease using our Services.

Hivelocity is located in the United States and we may transfer your Personally Identifiable Information and Personal Data to countries outside of the European Union. Many of our third-party service providers are located within the United States and their processing of Personally Identifiable Information and Personal Data will involve a transfer of data outside of the European Union. Whenever personal data is transferred outside of the European Union, Hivelocity does its best to ensure a similar degree of security and data privacy by requiring that its service providers and its foreign parents or subsidiaries adopt standard contractual clauses covering the transfer of this data.

Additionally, Hivelocity takes measures that supplement transfer tools, such as standard contractual clauses, to ensure compliance with the level of protection of personal data in the European Union. For example, when Hivelocity receives an expedited circumstances request, a subpoena, a warrant, or a court order to disclose personal data from law enforcement or regulators in the United States, Hivelocity carefully validates these requests, including by reviewing the legality of such request, subpoena, warrant, or court order and challenging them if there are grounds under the law to do so before any personal data is disclosed.

Your Rights

Rights of European Citizens

Hivelocity adheres to the EU-U.S. Data Privacy Framework (“DPF”) Principles, including the DPF’s Supplemental Principles, and complies with the Principles in handling all data from EU- citizens. Hivelocity is subject to the enforcement powers of the United States Federal Trade Commission (“FTC”) in relation to its handling of user data.

If you are a European citizen, you are entitled to certain rights regarding the protection of your Personally Identifiable Information and Personal Data, which are subject to limitations set forth in the EU GDPR and its applicable case law. These rights are:

The right to access and correct the information that Hivelocity processes about you;
The right to transfer all or a part of the information collected about you to another data controller, where it is technically feasible;
The right to the erasure of data concerning you, subject to Hivelocity’s rights of retention under the law;
The right to object to the processing of Personally Identifiable Information and Personal Data where you dispute the accuracy of the data, the processing is not lawful, Hivelocity no longer needs the information for the purposes of processing, or you have raised an objection for personal reasons;
The right to revoke your consent to data processing;
The right to object to the processing of your Personally Identifiable Information and Personal Data for marketing purposes;
The right to object to the processing of Personally Identifiable Information and Personal Data for direct marketing or for personal reasons that arise from your particular situation; and
The right to file a complaint with a data protection authority.

To exercise these rights, you may either edit and update your Personally Identifiable Information or Personal Data at https://my.hivelocity.net/, opt out of receiving communications from Hivelocity by unsubscribing to its e-mails, or by sending an e-mail to privacy@hivelocity.net. You do not need to pay a fee to exercise these rights, however, Hivelocity reserves the right to charge a reasonable fee if your request is unreasonable or excessive. To confirm your request, we may need to request specific information from you as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty (30) days.

For further information regarding your privacy rights as a citizen of the EU, please visit the U.S. Department of Commerce’s Website at https://www.commerce.gov/ and the DPF overview webpage at https://www.dataprivacyframework.gov/s/program-overview.

You can find a list of DPF certified organizations here: https://www.dataprivacyframework.gov/s/

Beyond filing a complaint directly with Hivelocity using the mechanisms described above, you may also file a complaint with a third-party, neutral arbitrator who will provide appropriate recourse free of charge. If you are looking for an alternative dispute settlement provider, please visit https://www.jamsadr.com/eu-us-data-privacy-framework. JAMS is a US-based arbitration service provider. You are not required to use JAMS to arbitrate a dispute with Hivelocity.

As a citizen of the EU you may, under certain conditions, invoke binding arbitration against Hivelocity, and Hivelocity may be held liable in cases of onward data transfers to third parties as described more fully in DPF overview page linked above. Hivelocity may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Your California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents to request and obtain from Hivelocity, once a year and free of charge, information about categories of personal information (if any) Hivelocity disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which Hivelocity shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send us a letter to: Data Privacy Officer, Hivelocity, Inc., 8010 Woodland Center Blvd., Suite 700, Tampa, FL 33614.

Under the California Consumer Privacy Act (“CCPA”), California residents have additional rights concerning their personal information. These rights are:

The right to know which personal information is being collected;
The right to know if personal information is being sold or shared, and to whom;
The right to object to the sale of personal information;
The right to access ones’ own personal information; and
The right to equal service and price for consumers who exercise their privacy rights.

Disclosures of Personal Information

Hivelocity collects the following categories of personal information (“Personal Information”), as defined in the CCPA:

Identifiers, such as your real name, address, IP address, e-mail address, and similar identifiers;
Personal information, such as your name, telephone number, and billing and transaction information;
Commercial information, such as records of services that you have purchased or considered purchasing from Hivelocity;
Internet or other electronic network activity, including your interaction with the Services or Hivelocity’s advertisements;
Geolocation, such as your approximate physical location derived from your IP address; and
Professional or employment-related information, such as your employer or job title.

If you are an employee or contractor of Hivelocity, Hivelocity may collect additional Personal Information from you, such as your social security number, driver’s license or state ID card number, passport number, signature, physical characteristics, insurance polices, educational history, employment history, or physiological or biometric data or characteristics, including fingerprints, to provide for entrance to secure Hivelocity facilities (“Employee Personal Information”).

Hivelocity shall not retain, use, disclose, or otherwise process your Personal Information for any purpose other than for performing the Services, or as otherwise permitted by the CCPA and shall return or delete your Personal Information at the conclusion of performance of the Services, or sooner if directed by you. Hivelocity shall follow all of your lawful instructions regarding the return or destruction of your Personal Information. Upon request from you, Hivelocity shall disclose to you which categories of your Personal Information Hivelocity has collected, used or shared with Third Parties within the twelve (12) month period preceding the request. Notwithstanding the foregoing, Hivelocity may combine Personal Information received from one or more entities to which it provides similar services to the extent necessary to detect data security incidents or to protect against fraudulent or illegal activity.

With respect to Employee Personal Information, Hivelocity shall not retain, use, disclose, or otherwise process your Employee Personal Information for any purpose other than for the purposes pertaining to your employment or contractual relationship with Hivelocity, such as the administration of employee hiring, performance reviews, the administration of payroll, verification of employment eligibility, the processing of benefit or insurance claims, and to comply with all applicable laws and regulations.

Upon a verifiable consumer request, Hivelocity will delete your Personal Information from its records, and direct all of its service providers who possess your Personal Information, if any, to also delete such Personal Information, provided that Hivelocity shall not comply with a deletion request if Hivelocity needs the Personal Information for any of the following reasons: (i) providing goods or services to the consumer, (ii) detecting and resolving issues relating to security or functionality, (iii) complying with legal obligations, (iv) conducting research in public interest, (v) exercising free speech or ensuring another’s exercise of free speech or (vi) using the information for internal purposes that the consumer might expect.

Hivelocity shall not “sell” (as defined in the CCPA) any of your Personal Information. Hivelocity does not collect information on children under the age of 13.

Hivelocity shall assist you in fulfilling its obligations under the CCPA to respond to individual requests related to your Personal Information about them, including by promptly fulfilling requests to access or delete relevant Personal Information in Hivelocity’s possession. If Hivelocity receives a request to know, or a request to delete, from a consumer regarding Personal Information that Hivelocity collects or maintains, and does not comply with the request, it shall explain the basis for the denial. Hivelocity shall also inform the consumer that it should submit the request directly to you and, when feasible, and provide the consumer with your contact information.

Hivelocity shall enter into written agreements with each third-party subcontractor, if any, that processes your Personal Information that obligate the subcontractor to comply with terms that are at least as restrictive as those imposed on Hivelocity under this Addendum and the Agreement, including the prohibition on the sale of your Personal Information.

To exercise your consumer rights, please submit a request to privacy@hivelocity.net or request an authorized agent from our quality assurance team at 888-869-4678 to make a request on your behalf.

Recourse, Enforcement and Liability

We are dedicated to securing your Personal Data by applying regular procedures for testing our internal safeguard requirements, reviewing the contracts of our providers, and by applying the highest technical security standards in our industry.

We have implemented technical, physical and administrative safeguards designed to protect your Personal Data against loss and/or unauthorized access, use, and disclosure.

Hivelocity will only retain your Personal Data or Personally Identifiable Information for so long as necessary to fulfill the purposes for which it is collected under this Privacy Policy or for the purposes of satisfying any legal, accounting, or reporting requirements.

Any complaints or concerns regarding the use or disclosure of your Personally Identifiable Information or Personal Data transferred from the EU to the United States should be directed to us via e-mail at privacy@hivelocity.net.

Changes to Policy

This Privacy Policy may be amended or modified from time to time as needed due to regulatory changes, to better serve the needs of our market, and/or as a result of an internal review by Hivelocity that reflects the necessity of amending or modifying such policies.

Please refer to the “Last Updated” date found on this page to determine the date of our last Privacy Notice Update. Any and all changes to our Privacy Notice will be effective upon the date it is published to the Privacy Notice page(s) on our website. If you have a user-account with Hivelocity, Hivelocity will email you with a link to its Privacy Notice whenever it updates its Privacy Notice.

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Billing Agreement

Account Payment

Payment via Credit Card
Hivelocity accepts payments via MasterCard, VISA, AMEX, wire transfer and PayPal. Usage of a credit card indicates authorization to cover all future recurring charges and additional fees with the credit card on file. Credit cards will be charged on the renewal date for the account. Accounts will renew automatically on the anniversary of each billing cycle unless the proper cancellation notice is submitted to our billing department (see Cancellation Policy below).

Other Payment Methods
Hivelocity accepts PayPal, personal check, company check, e-check, wire transfer and money order. All funds must be payable in U.S. dollars. Hivelocity does not accept international checks in foreign currencies. Payment for services by check must be received prior to renewal dates to avoid interruption of service. Wire transfer information is available upon request.

Login to add check information
Login to add a Paypal subscription
Wire transfer information available upon request.

Returned Check Fee
In the event that a check is returned, service will be immediately suspended and customer will be sent a suspension e-mail allowing seven (7) days to rectify the situation. If within the seven (7) days the customer fails to pay all service fees, including a $25.00 reactivation fee and a $25.00 returned check fee, customer’s account will be permanently cancelled. Such cancellation does not relieve customer’s obligation for payment under the terms of the hosting agreement. Cancellation includes the removal of all files on the account. In the event of a charge back, Hivelocity.net will immediately suspend all services to customer until such time as full payment is received in addition to a $25.00 charge back fee and a $25.00 account enable fee.

Late / Non-Payment

Accounts with Non-Usable Credit Cards
Credit cards on file are not usable when any of the following occur:

The card expired
The bank declines the charges
The card is reported lost or stolen
The card is declared invalid

The procedure we follow when an account has a non-usable credit card is the following:

You will receive an invoice one (1) day prior to your renewal.
After four (4) days pass you will receive another invoice. (Reminding you of the outstanding balance)
On the seventh (7th) day, you will receive a final suspension notice and your account will be suspended the following day.
If your balance has not been brought to zero, the account will be suspended and a $25 reactivation fee will applied to your account.
If payment has still not been made, we will leave the server in its spot offline for one (1) week. If we have not heard back from you or received payment, your server will be taken offline and resold.
ALL FILES WILL BE DELETED FROM YOUR SYSTEM/SERVER.

Late Check / Non-Payment
The procedure we follow when an account has a late check and/or non-payment is the following:

You will receive an invoice one (1) day prior to your renewal.
After four (4) days pass you will receive another invoice. (Reminding you of the outstanding balance).
On the seventh (7th) day, you will receive a final suspension notice and your account will be suspended the following day.
If payment has still not been made, we will leave the server in its spot offline for one (1) week. If we have not heard back from you or receive payment, your server will be taken offline and all data will be destroyed.
ALL FILES WILL BE DELETED FROM YOUR SYSTEM/SERVER.

Cancellation Policy

Requesting an Account Cancellation
A cancellation will only be accepted if it is done by the following method:

Login to your myVelocity control panel and go to the device you wish to cancel. Click the “Cancellation” button and fill out the form.
All account cancellations must be received in the above manner at least five (5) days in advance of the date of renewal. Accounts cancelled with less than five (5) days’ notice shall be cancelled at the end of the next term and shall be charged accordingly.

Results of a Cancellation
When a cancellation request is made, Hivelocity will immediately remove all configuration information as well as all contents of the account on the date of the next renewal of the account. A customer may request immediate cancellation if so desired. Upon cancellation, Hivelocity will remove all files, which may include unread e-mail left on the server.

Refund Policy

Refunds
Hivelocity does not offer refunds for dedicated servers under any circumstance. Any credits for service are handled on a case by case basis at the sole discretion of Hivelocity’s management.

Chargebacks

In the event of a chargeback
In the event Hivelocity receives a chargeback notice in connection with any of your services, we reserve the right to take the following action:

Terminate any and all services you have with us
Require future payments be made via wire transfer or PayPal
Require a prepayment of three (3) months for future service via wire transfer or Western Union

Keeping Billing Information Current

Updating Your Billing Information
You may fax an update to 813-902-6477. A fax must include the account name, account password, and signature of the account owner. Personal information may be changed via a customer’s myVelocity portal.

Out-of-Date Records
Periodically it may become necessary for Hivelocity.net to contact the customer. If the information provided to us is not current, it may lead to the customer failing to receive notices. The customer is solely responsible for keeping all personal and billing information current at all times. Hivelocity is not responsible for actions that are taken as a result of a customer’s failure to respond to HiVelocity’s notices.

Invoices and Statements

E-mail Invoices/Statements
A customer may request Hivelocity to send an invoice or account statement via e-mail. This service is available at no charge.

Postal Mail/Fax Invoicing
A customer may request Hivelocity to end an invoice or account statement via postal mail or fax. Hivelocity will charge the customer $5.00 per invoice/statement sent via this manner.

Taxes

Customer Liability
Hivelocity shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from customer. Customer is solely responsible for all taxes and fees of any nature associated with Hivelocity’s products and services.

Bandwidth and Overages

Unmetered Servers
Unmetered Bandwidth may be purchased in increments of 10, 20, 50 and 100 Mbps. Your selected level of bandwidth will be capped at your servers network adapter as well as the switch port you are connected to. The server will obtain your selected full port speed (10, 20, 50, or 100 Mbps) 24 hours per day/7 days per week and will not accrue bandwidth overages charges as you will not be able to exceed the allotted bandwidth amount.

Standard Metered Servers
All of our standard metered bandwidth server plans include a finite amount monthly data transfer denoted by the amount of GB included. On our standard server offerings, you will purchase an allotted amount of bandwidth for your server and you will be billed based on your monthly use. Hivelocity will calculate your bandwidth use each month based on your total data transferred in a given billing period.

If you have exceeded the allotted bandwidth for your server plan in the current billing period, you will be charged $.05 per GB over the allotted server plan amount. The bandwidth overage charge will be applied to your account for immediate payment.

Service Level Agreements

Hardware SLA

Our Hardware Service Level Agreement (SLA) guarantees that hardware replacement will be complete within two (2) hours of problem identification. The hardware replacement timer begins once a customer opens a trouble ticket and Hivelocity has determined the cause of the problem to be faulty hardware. The period of time it takes to troubleshoot and identify the problem is outside of the two (2) hour SLA.

In the event we are unable to replace the faulty hardware within four (4) hours, Hivelocity will credit the customer five percent (5%) of the monthly fee for each additional hour of downtime incurred, up to one hundred percent (100%) of the customer’s monthly service fee.

The following services are provided free of charge to any dedicated server provided by Hivelocity:

Hardware Replacement
Initial Server hardening
Software Firewall implementation (upon request)
Cross Connects Available
Unlimited Reboots (via ticket system request)
Access to knowledge base (cPanel, Hsphere, Plesk, Hosting Controller, and Direct Admin)
Flash training movies for support control panels (Hsphere, cPanel, DirectAdmin, HostingController, and Plesk)
MRTG bandwith graphs
15 minutes per month of Hands and Eyes Control Access (additional time will be billed at $100.00 per hour)

Network SLA

Hivelocity is committed to providing a standard of service and reliability unparalleled in the hosting industry. Hivelocity’s Data Centers utilizes redundant Juniper and Brocade components to eliminate any single point of failure. Our network is multi-homed through redundant high-speed carriers which results in you, the customer, always being able to count on fast and reliable connectivity to our network.

Our Data Centers are outfitted with redundant CRAC, battery power and diesel generator power to ensure uptime in any situation. Hivelocity remains low overall network utilization at all times providing durability during any large internet routing issues such as DDOS or DOS attack.

Our Data Center emphasizes security as only Hivelocity employees have access to any of our server rooms and access to our facility is only granted through the use of Hivelocity’s employee key cards and 2nd factor access PINs. In the event a customer needs personal access to their server, they will be escorted to their server by a Hivelocity technician or Account Manager who will assist and monitor this activity.

Hivelocity guarantees the uptime of its public networks 99.99% of the time excluding scheduled maintenance. The Hivelocity private network is excluded from this SLA, unless the client has subscribed to a dedicated private network. Network downtime is defined as the inability to transmit or receive data due to the failure of Hivelocity owned network equipment, excluding scheduled maintenance, and is measured from the time a trouble ticket is opened by the affected customer to the time Hivelocity determines the issue is resolved.

In the event any customer experiences anything less than 99.99% uptime on Hivelocity’s public transit network, excluding scheduled maintenance, that customer is eligible to receive a credit upon request, as set forth herein. Hivelocity will provide a five percent (5%) credit to the affected server for each hour of downtime beyond one-tenth of a percent (0.1%) per month. No customer may receive credits totaling more than one month of service per affected server.

PCI SLA

Hivelocity completes an annual Payment Card Industry Data Security Standard (PCI DSS) assessment using an approved Qualified Security Assessor (QSA). The auditor performs an assessment of Hivelocity’s PCI environment and completes an Attestation of Compliance (AoC) and Report on Compliance (RoC) issued by the QSA. Hivelocity is certified through this process as compliant under PCI DSS

The effective period for compliance begins upon passing the audit and receiving the AoC from the auditor and ends one (1) year from the date the AoC is signed. The AoC is available to customers upon request to show the QSA has determined that Hivelocity is in compliance.

Hivelocity is responsible for the security of all cardholder data that it processes.

Master Services Agreement

This Agreement governs all orders executed by Customer and Service Provider (“Service Order(s)”) providing for Customer’s access to and use of any service provided by Service Provider (“Service”). The Agreement consists of the Service Order; this Master Service Agreement (“MSA”); the applicable service addendum(s) in respect of the ordered Service, including any applicable Service Level Agreement contained therein (“Service Addendum”); together with Service Provider’s Privacy Policy, Acceptable Use Policy, and any other applicable policies.

Acceptable Use Policy

General

Hivelocity LLC and its affiliated company’s (including Colohouse) (“Hivelocity”) Network and Services must be used in a manner that is consistent with this policy. Any User that Hivelocity determines, in its sole discretion, to have violated any element of this Policy may have their Services temporarily suspended or permanently terminated. Hivelocity will use reasonable endeavours to notify users of any intended enforcement of this policy; however, it reserves the right to take action where it deems necessary in its absolute discretion including up to suspension or permanent termination of Services without further notification to customers or users in the event of a serious breach of this policy, unlawful activity or where it is reasonably required in order to protect the commercial interests of Hivelocity. Hivelocity shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Hivelocity’s exercise of its rights under these policies.

Charges

Hivelocity has the right to charge customers and/or recover costs associated with customer’s or its users breach of this policy. This includes charging its technician’s time at a standard rate of $250 an hour for each hour (or part thereof) spent investigating, mitigating the impact of any actions that are contrary to this policy, or otherwise enforcing the terms of this policy, including efforts to have any Spamhaus or similar listings removed.

Offensive Behaviour & Content

Customers and users shall not be offensive, aggressive or use offensive or derogatory language towards Hivelocity representatives, whether verbally, in writing or otherwise.

Hivelocity’s services shall not be used to host, store, transmit or publish content, materials or works that contain or relate to under-age pornography, non-consensual or other illegal sex acts, extreme violence or that incites violence or hate, that violates a persons privacy or is malicious or harassing in nature.

Prohibited Use

Customers and users shall not use the Services or any related system or network in a manner, or in order to host, store, transmit, distribute or publish content, materials or works, that:

are in violation of any applicable law or regulation, including in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, infringes the privacy or other personal rights of others, or that is defamatory or libellous;
violate any applicable third party authorities codes of practice, required licences or similar registrations or standards including gambling codes and laws, domain registrar, email service or similar service;
are fraudulent or contain fraudulent offers for goods or services or promotional materials that contain false, deceptive or misleading statements, claims or representations intended to mislead;
contain a virus, worm, Trojan horse, or other harmful component, or that knowingly or recklessly introduce malicious software and/or activities into the Services or others systems including in anyway proliferating, contributing to, or as the target or object of a denial of service attack; without authorisation, access or interfere with an online account, computer or system, or deceitfully or covertly gather data;
withhold subscriber information or use the Services under an alias or false name, or use unauthorised credit card information in connection with the Services;
send, enable or distribute software that enables unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“Spam”), or that send e-mail that is malicious or has forged TCP/IP packet header information, or use an e-mail box exclusively as a storage space for data; and
vii. generally, in a manner that may expose Hivelocity to an adverse action or retaliation or any of its personnel to criminal or civil liability.
send, enable or distribute software that enables unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“Spam”), or that send e-mail that is malicious or has forged TCP/IP packet header information, or use an e-mail box exclusively as a storage space for data; and
generally, in a manner that may expose Hivelocity to an adverse action or retaliation or any of its personnel to criminal or civil liability.

Responsibility for Content

Hivelocity takes no responsibility for any material created or accessible on or through Hivelocity’s Networks and Services that is not posted by or at the request of Hivelocity. Hivelocity does not monitor nor exercise any editorial control over such material but reserves the right to do so to the extent permitted or required by applicable law.

System and Network Security

Users are prohibited from violating or attempting to violate the security of Hivelocity’s Network and Services, including, without limitation:

accessing data not intended for such User or logging into a server or account which such User is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”;
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
taking any action in order to obtain services to which such User is not entitled.

Violations of system or network security may result in civil or criminal liability. Hivelocity will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Customers and users who are involved in such violations.

Changes to this Policy

Hivelocity may update this Policy from time to time by publishing a revised version on its website. In the event of a change that has a material adverse impact on a Customer, Hivelocity will provide 30 days prior written notice, and shall have effect from the earlier of expiry of the Customers then current term or upon execution of a Service Order.

Cooperation with Law Enforcement and Proceedings

Customer and users acknowledge and agree that Hivelocity will cooperate with law enforcement to inspect traffic, content or subscriber data where it is legally required to, whether by law or compelled by an appropriate court. Hivelocity may report any content or actions it believes are in breach of applicable laws and cooperate with law enforcement in investigating any such instances.

Notice procedure

Violations of this Policy should be reported by email to: abuse@hivelocity.net including details of the offending domain, the IP address and type of abuse in the subject field.

Copyright infringement claims under the Digital Millenium Copyright Act (“DMCA”) or equivalent legislation should be reported to: abuse@hivelocity.net or Hivelocity c/o Designated Copyright Agent, 8010 Woodland Center Blvd, Suite 700, Tampa, FL 33614.

For such notices to be valid, they must include the following information:

Your signature (physical or electronic) or the signature of a person authorized to act on your behalf;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing as well as information reasonably sufficient to permit Hivelocity to locate the material;
Information reasonably sufficient to permit Hivelocity to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
for DMCA notices, a statement that, under penalty of perjury, the information in the notification is accurate.

Counter-notifications should follow the further requirements stated under the DMCA. Hivelocity recommends you consult a lawyer before submitting a notice of copyright infringement; under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.

Published on 08/01/2024

Service Addendums

Bare Metal, Hosting, VPS

Private Cloud

Managed Services

Colocation

Legacy Terms and Conditions

Customers using monthly and on demand services are subject to the legal terms specified above including the Master Services Agreement and Service Addendums. In limited circumstances, existing customers using services under a contract entered into before [August 1, 2024] and who have not since had a renewal of their agreement (whether automatically or by agreement), may be subject to the legacy terms found at the below URL: https://www.hivelocity.net/legacy-terms-and-conditions/