You find the Hivemail Script EULA on this page.
We activate new accounts within 24 hours after we receive your payment. In most cases we will activate your account right after payment. We do not accept eCheck payments!
You agree to pay for the services on time. Unpaid invoices will result in temporal suspension of your account, which will happen 4 days after due date. Your account will be terminated if it is not paid within 10 days after suspension. We do not guarantee we will have a backup of your account after termination!
Late fees (25%) are applied after 7 days non payment.
Customer agrees to provide correct payment and contact information. The customer is responsible to have a valid e-mail address on file at all times. We will use that e-mail address to contact you about abuse problems, unpaid invoices, suspended accounts and any other issues.
Cancellation requests can be made from inside your customer account. They may take up to 48 hours to be processed.
If you violate our terms of service we will suspend your account and we will send a notice about the issue to your contact e-mail address on file.
Customer agrees to indemnify and hold harmless Hivemail, Hivemail's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
HIVEMAIL DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HIVEMAIL DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HIVEMAIL AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
If you cancel your account within 30 days from your signup date, we will issue a full refund. You accept that:
Our services can be only used for lawful purposes.
Customers cannot host the following content on our servers:
You may not use the space we provide as a backup space for accounts hosted elsewhere. The space can be strictly used only for your web site needs.
Customers may not start background processes on the server or anything which needs to bind to ports on the server.
Customers may not send SPAM messages from our servers. Spammers will be suspended immediately and never unsuspended.
We do daily backups of your accounts. We do not take any responsibility if the restore causes you problems. You agree to use our backups on your own risk and you are responsible for having a backup of your account at any time.
If your account uses more than the allocated space or bandwidth to it, it will get suspended. You will be notified to your email address before you run out of space or bandwidth in order to have the opportunity to switch to another package before you reach the limits.
Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
We will not give your personal information such as name, address, e-mail address to third parties except if the law requires it and we have an official and lawful request for that. Any information submitted by the buyer will be used solely for the purpose of completing the transaction, delivering the product and addressing any customer service issues.
Any account on the server must not use more than the following CPU or memory resources. If you use too much system resources, you will be notified to take the necessary actions. If the usage is too high to keep the server unstable, we will suspend the overloading account so that it doesn't affect the other clients on the server.
Customers may not send more than 10'000 e-mail messages per hour.
CPU/memory resource limits: 25% of system resources for max 90 seconds
If your server had downtime, we will issue a refund as noted below.
Please note that scheduled downtime is not counted as 'real downtime' and you will not get a refund for it.
The guarantee does not include downtime that is out of our control, including but not limited to: riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider's control, as defined by standard practices in the industry.
In order to get a refund, you will need to open a ticket with our sales department and claim the downtime by including logs and other details you feel relevant.
We may change the terms of service at any time without notification. The customer needs to check this document regularly for changes.