Additional policies and agreements
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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 following policies.
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Privacy Policy
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Acceptable Use Policy
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Domain Registration Agreement
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Additional terms may also apply to certain Services, and are incorporated into this Agreement by reference where they apply. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated into this Agreement.
Account eligibility
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By registering for or using the Services, you represent and warrant that:
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Age. 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.
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Acting for someone else. 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.
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Accurate details. 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. Fast Hive is not responsible for any lapse in the Services, including but not limited to any lapsed domain registrations, due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our technical support team via email or update your contact information through the Fast Hive Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In certain cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
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Responsibility for 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.
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Additional IP addresses. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Transfers
We will assist you with the transfer of your website to our platform for free. Please contact a member of our technical support department for further information. However, in some cases we may not be able to transfer your data from an old host. 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. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. In no event will Fast Hive be held liable for any lost or missing data or files resulting from a transfer to or from Fast Hive. You are solely responsible for backing up your data in all circumstances.
Fast Hive 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, "Fast Hive Content"), are the proprietary property of Fast Hive or Fast Hive’s licensors. Fast Hive 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 Fast Hive Content. Any use of Fast Hive Content, other than as specifically authorised in this Agreement, is prohibited and will automatically terminate your rights to use the Services and any Fast Hive Content. All rights to use Fast Hive Content that are not expressly granted in this Agreement are reserved by Fast Hive and Fast Hive’s licensors.
User content
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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 Fast Hive 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.
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Solely for purposes of providing the Services, you grant to Fast Hive 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 this Agreement expressly grants, Fast Hive does not acquire any right, title or interest in or to the User Content, all of which will remain solely with you.
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Fast Hive exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Fast Hive's computers, network hubs and points of presence or the Internet. Fast Hive does not monitor User Content. However, you acknowledge and agree that Fast Hive may, but is not obligated to, immediately take any corrective action in Fast Hive’s sole discretion, including but not limited to 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 agree that Fast Hive will have no liability due to any corrective action that Fast Hive may take.
Third party products and services
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Third Party Providers Fast Hive 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. Fast Hive 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. Fast Hive is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
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Fast Hive as Reseller or Licensor Fast Hive may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Fast Hive Products"). Fast Hive will not be responsible for any changes in the Services that cause any Non-Fast Hive Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Fast Hive Products, either sold, licensed or provided by Fast Hive to you will not be deemed a breach of Fast Hive's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Fast Hive Product are limited to those rights extended to you by the manufacturer of such Non-Fast Hive Product. You are entitled to use any Non-Fast Hive Product supplied by Fast Hive only in connection with your use of the Services as permitted under this Agreement. You must make no attempt to copy, alter, reverse engineer, or tamper with such Non-Fast Hive Product or to use it other than in connection with the Services. You must not resell, transfer, export or re-export any Non-Fast Hive Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
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Third Party Websites The Services may contain links to other websites that are not owned or controlled by Fast Hive ("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)
Fast Hive is bound by the sanctions regimes of the European Union and the United Nations, and observes the restrictions administered by the U.S. Department of the Treasury through the Office of Foreign Assets Control (“OFAC”). These regimes prohibit commercial activity with certain sanctioned countries or regions (each a “Sanctioned Country/Region”) and with certain individuals, organisations or entities, including those listed by the European Union and the “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country/Region or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Fast Hive 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 Sanctioned Country/Region.
Account security and Fast Hive systems
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Your scripts and software. 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. You are ultimately responsible for all actions taken under your 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.
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Permitted use of our systems. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Fast Hive may, but is not obligated to, monitor our systems, including but not limited to, 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.
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Unauthorised access. 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. Fast Hive may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
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Abuse reports. 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 Fast Hive of an issue, we reserve the right to leave access to services disabled.
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Moving your account. Fast Hive 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
Fast Hive's services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Fast Hive does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” is a material violation of this Agreement, and grounds for immediate account termination. Fast Hive does not sign “Business Associate Agreements” and you agree that Fast Hive is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, contact us at support@fasthive.com.
Compatibility with the services
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You agree to cooperate fully with Fast Hive in connection with Fast Hive '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, Fast Hive is not responsible for any delays due to your failure to timely perform your obligations.
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You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Fast Hive to provide the Services, which may be changed by Fast Hive from time to time in our sole discretion.
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You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Fast Hive 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
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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.
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Autorenewal.
Unless otherwise provided, you agree that until and unless you notify Fast Hive 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.
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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 Fast Hive's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
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Late Payment.
All invoices must be paid within fifteen (15) days of the invoice due date. Any invoice that is outstanding for more than fifteen (15) 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 this Agreement specifies, Fast Hive may suspend or terminate your account and pursue the collection costs incurred by Fast Hive, including but not limited to, any arbitration and legal fees, and reasonable attorneys' fees. Fast Hive will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
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Domain Payments.
It is solely your responsibility to notify Fast Hive’s Billing department via a support ticket created from https://my.fasthive.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Fast Hive 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 fifteen (15) days before the renew date.
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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. Fast Hive may report any such misuse or fraudulent use, as determined in Fast Hive’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
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Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Fast Hive. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Cancellations and refunds
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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.
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Money-back Guarantee.
Fast Hive offers a thirty (30) day money-back guarantee for Fast Hive's managed shared hosting services only. If you purchase an account with a thirty (30) day money-back guarantee and then cancel within the first thirty (30) days of the beginning of the initial term (the “Money-Back Guarantee Period”), you will, upon your written request to the Fast Hive Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared hosting fees previously paid by you to Fast Hive for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund will be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 12. Requests for these refunds must be made in writing to the Fast Hive Support Team. Refunds will only be issued for basic shared 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 will not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
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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. There are no refunds on administrative fees and install fees for custom software.
Violations of this Agreement will waive your rights under the refund policy.
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Non-refundable Products and Services.
Domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Fast Hive’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.
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Cancellation Process.
You may terminate or cancel the Services by giving Fast Hive written notice via the cancellation form provided. In such event: (i) you must be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Fast Hive 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 will 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. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." Fast Hive will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at +40 03 73 78 38 00. We require all cancellations to be done through the online form 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 shared accounts will be effective on the account’s renewal date.
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Domains.
Domain renewals are billed and renewed fifteen (15) days before the renewal date. It is your responsibility to notify Fast Hive’s Billing department via a support ticket created from https://my.fasthive.com 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.
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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 Fast Hive is not responsible for any change in exchange rates between the time of payment and the time of refund.
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Termination
Fast Hive 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 Fast Hive or others or cause Fast Hive or others to incur liability, as determined by Fast Hive in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Fast Hive will not refund to you any fees paid in advance of such termination, and you must be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Fast Hive 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
All use of hosting space provided by Fast Hive is subject to the terms of this Agreement and the Acceptable Use Policy.
Shared accounts may not be used to resell web hosting to others. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Fast Hive expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Fast Hive may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Fast Hive’s terms and conditions. Shared servers are not limited in their bandwidth allowance.
Uptime guarantee
If your shared server has a physical downtime that falls short of the 99.99% 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 Fast Hive 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 Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://my.fasthive.com to create a support ticket to our Billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit.
Price change
Fast Hive reserves the right to change prices, the monthly payment amount, 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. It is your sole responsibility to periodically review billing information provided by Fast Hive through the user billing tool or through other methods of communication, including notices sent or posted by Fast Hive.
Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of liability
No liability for indirect damages. In no event will Fast Hive, its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages. That includes any lost profits or lost data arising from your use of the Services, or from any User Content, User Websites or other materials accessed or downloaded through the Services. This applies even if Fast Hive is aware, or has been advised, of the possibility of such damages.
Cap on total liability. Despite anything to the contrary in this Agreement, Fast Hive's liability to you, or to any party claiming through you, for any cause and regardless of the form of the action, is limited to the amount you paid Fast Hive for the Services in the three (3) months before the initial action giving rise to the liability. This is an aggregate limit, and having more than one claim does not increase it.
Indemnification
You agree to indemnify, defend and hold harmless Fast Hive, our affiliates, and their respective officers, directors, employees and agents. Each is an "Indemnified Party", and together they are the "Indemnified Parties". That indemnity covers any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses, including but not limited to reasonable attorney's fees, that a third party threatens, asserts or files against an Indemnified Party. It applies where those arise out of or relate 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 will survive any termination of this Agreement.
Arbitration
If a dispute arises between you and Fast Hive, you agree to contact us first at legal@fasthive.com and to make a good faith effort to resolve it before starting any formal proceedings.
If you are a consumer, you keep every right given to you by Romanian and European Union consumer law, and nothing in this section limits them. You may complain to the Romanian National Authority for Consumer Protection (ANPC), use the European Commission's online dispute resolution platform, or bring proceedings in the courts of the country in which you live.
If you are acting for purposes relating to your trade, business, craft or profession, any dispute that remains unresolved after that first step is settled by arbitration before the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, in accordance with its Rules of Arbitration. The seat of arbitration is Bucharest, the proceedings are in English or Romanian as the parties agree, and the tribunal consists of a single arbitrator. Where you can demonstrate that the costs of arbitration would be prohibitive compared with the costs of litigation, Fast Hive will pay as much of the filing and arbitrator fees as the arbitrator considers necessary to prevent that.
Arbitration proceeds on an individual basis. Claims may not be joined or consolidated unless all parties agree in writing, and no award has any preclusive effect on a dispute with anyone who was not a named party. This does not affect any collective redress right that Romanian or European Union law gives to consumers. Decisions of the arbitrator are final and binding, and either party may bring court proceedings instead of arbitration for disputes about intellectual property rights, unauthorised access to the Services, or applications for interim or injunctive relief.
Independent contractor
Fast Hive and User are independent contractors and nothing contained in this Agreement places Fast Hive 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 way.
Governing law and 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, is governed by the substantive laws of Romania, and is subject to the exclusive jurisdiction of the competent courts of Bucharest, Romania. If you are a consumer resident in the European Union, nothing in this Agreement deprives you of the protection of the mandatory consumer law of the country in which you live, or of your right to bring proceedings in the courts of that country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Disclaimer
Fast Hive will not be responsible for any damages your business may suffer. Fast Hive makes no warranties of any kind, expressed or implied for the Services. Fast Hive 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 Fast Hive or our employees.
Backups and data loss
Your use of the Services is at your sole risk. Fast Hive ’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 only provided as a courtesy and may be modified or terminated at any time at Fast Hive’s sole discretion. Fast Hive 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 Fast Hive ’s servers.
Any shared account using more than 4 gigabytes 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
Services are provided “as is”. The Services provided under this Agreement are provided on an “as is” and “as available” basis. Except as expressly provided in this section, Fast Hive and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind for the Services provided under this Agreement, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
What we do not warrant. Fast Hive 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 use of the Services; or (iii) as to the accuracy, reliability or content of any information provided through the Services.
Your data and content. Fast Hive and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaim any liability, for the content of any data transferred to or from users, or stored by users on or through the Services. The terms of this section survive any termination of this Agreement.
Disclosure to law enforcement
Fast Hive 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 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 it covers.
Headings
The headings in this Agreement are for convenience only and are not part of this Agreement.
Changes to the agreement or the services
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Fast Hive 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 Fast Hive 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.
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Fast Hive 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 the remaining portions of them unless otherwise specified, remain in full force and effect.
Waiver
A failure or delay by you or Fast Hive in exercising a right or remedy under this Agreement does not waive it, and no 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 will 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 and successors
You may not assign or transfer this Agreement or any of your rights or obligations under it, without the prior written consent of Fast Hive. Any attempted assignment in violation of this Agreement is null and void, and has no force or effect. Fast Hive may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights under this Agreement, without the consent of User. This Agreement will be binding upon and will 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 performing its obligations under this Agreement, other than a failure to make payments when due, where that default or delay is caused directly or indirectly by forces beyond the party's reasonable control. Those forces include but are not limited to fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transport or communications, and supply shortages. They also include the failure of any third party to perform a commitment relating to the production or delivery of equipment or material that the party needs to perform its obligations.
Third-party beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended or should be read as conferring any rights in any person other than the parties hereto and their respective successors and permitted assigns. Even so, 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 will 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.