[Terms of Service]

Last Updated February 22, 2023

This agreement (the “Agreement”) between you and this site’s operators
(“we”, “us”, “our”) sets out your rights to access and use this site and
any other products or services provided by this website (the “Service”).
If you are accepting this Agreement and using the Services on behalf of a
company, organization, government, or other legal entity, you represent and
warrant that you are authorized to do so and have the authority to bind such
an entity to this Agreement. By accessing our Service, you agree that you have
read, understood, and accepted this Agreement.

If we decide to make changes to this Agreement, we will provide notice of those
changes by updating the “Last Updated” date above or posting a notice on this
site. Your continued use of the Service will confirm your acceptance of the

1. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use,
and disclose information about you.

2. Eligibility

The Service is not targeted toward, nor intended for use by, anyone under the
age of 13. You must be at least 13 years of age to access or use of the
Service. If you are between 13 and 18 years of age (or the age of legal
majority where you reside), you may only access or use the Service under the
supervision of a parent or legal guardian who agrees to be bound by this

3. Copyright and Limited License

We may retain data, text, photographs, images, video, audio, graphics,
articles, comments, software, code, scripts, and other content supplied by us,
the Hive blockchain or our licensors, which we call “Hive Content.”

You are granted a limited, non-exclusive, non-transferable, and
non-sublicensable license to access and use the Service and Hive Content for
your personal use. You retain ownership of and responsibility for the Content you
create or own ("Your Content"). If you're posting anything you did not create
yourself or do not own the rights to, you agree that you are responsible for
any Content you post; you will only submit Content that you have the
right to post; and that you will fully comply with any third-party licenses
relating to the Content you post.

4. Trademark Policy

This site maintains no trademarks.

All other trademarks, registered trademarks, product names, and company names or
logos mentioned or used on our Service are the property of their respective
owners and may not be copied, imitated, or used, in whole or in part, without
the permission of the applicable trademark holder. In reference to any products,
services, processes, or other information by name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship, or
recommendation by us.

5. Assumption of Risk, Limitations on Liability.

5.1. You accept and acknowledge that there are risks associated with
utilizing an Internet-based Hive blockchain account service including, but not
limited to, the risk of failure of hardware, software, and Internet connections,
the risk of malicious software introduction, and the risk that third-parties
may obtain unauthorized access to information stored within or associated with
your Account, including, but not limited to your private key(s) (“Private
Key”). You accept and acknowledge that we will not be responsible for any
communication failures, disruptions, errors, distortions, or delays you may
experience when using the Services, however, caused.

5.2. We make no representation or warranty of any kind, express or implied,
statutory, or otherwise, regarding the contents of the Service, information and
functions made accessible through the Service, any hyperlinks to third-party
websites, nor for any breach of security associated with the transmission of
information through the Service or any website linked to the Service.

5.3. We will not be responsible or liable to you for any loss and take no
responsibility for and will not be liable to you for any use of our Services,
including but not limited to any losses, damages, or claims arising from (a)
User errors such as forgotten passwords, incorrectly constructed transactions,
or mistyped Hive blockchain addresses; (b) Server failure or data loss; (c)
Corrupted Account files; (d) Unauthorized access to applications; (e) Any
unauthorized third-party activities, including without limitation the use of
viruses, phishing, brute forcing, or other means of attack against the Service
or Services.

5.4. We make no warranty that the Service or the server that makes it
available, are free of viruses or errors, that its content is accurate, that it
will be uninterrupted, or defects will be corrected. We will not be
responsible or liable to you for any loss of any kind, from action taken, or
taken in reliance on material, or information, contained in the Service.

5.5. Subject to 6.1 below, any and all indemnities, warranties, terms, and
conditions (whether express or implied) are hereby excluded to the fullest
extent permitted.

5.6. We will not be liable, in contract, or tort (including, without
limitation, negligence), other than where we have been fraudulent or made
negligent misrepresentations.

5.7. Nothing in this Agreement excludes or limits liability for death or
personal injury caused by negligence, fraudulent misrepresentation, or any
other liability which may not otherwise be limited or excluded under United
States law.

6. Agreement to Hold this Site's Operators Harmless

6.1. You agree to hold harmless this site (and its operators) from any claim,
demand, action, damage, loss, cost, or expense, including without limitation
reasonable legal fees, arising out, or relating to:

6.1.1. Your use of, or conduct in connection with, our Services;

6.1.2. Your violation of any term in this Agreement; or

6.1.3. Violation of any rights of any other person or entity.

6.2. If you are obligated to indemnify us, we will have the right, in our sole
discretion, to control any action or proceeding (at our expense), and determine
whether we will pursue a settlement of any action or proceeding.

7. No Liability for Third-Party Services and Content

7.1. In using our Services, you may view content or utilize services provided
by third parties, including links to web pages and services of such parties
(“Third-Party Content”). We do not control, endorse, or adopt any
Third-Party Content and will have no responsibility for Third-Party Content
including, without limitation, material that may be misleading, incomplete,
erroneous, offensive, indecent, or otherwise objectionable in your
jurisdiction. In addition, your dealings or correspondence with such third
parties are solely between you and the third parties. We are not responsible or
liable for any loss or damage of any sort incurred because of any such dealings
and you understand that your use of Third-Party Content, and your interactions
with third parties, is at your own risk.

8. Account Registration

8.1. You need not use a Hive blockchain account provided by us, and you can
create an account independently of the Service. If you would like to use part
of the Service, you must create a Hive blockchain account (“Account”). When
you create an Account, you are strongly advised to take the following
precautions, as failure to do so, may result in loss of access to, and/or
control over, your Account: (b) Provide accurate and truthful information;
(c) maintain the security of your Account by protecting your Account password
and access to your computer and your Account; (e) Promptly notify us if you
discover or otherwise suspect any security breaches related to your Account.

8.2. You hereby accept and acknowledge that you take responsibility for all
activities that occur under your Account and accept all risks of any authorized
or unauthorized access to your Account, to the maximum extent permitted by law.

8.3. You acknowledge and understand that cryptography is a progressing field.
Advances in code cracking or technical advances such as the development of
quantum computers may present risks to the Services that you use and your
Account, which could result in the theft or loss of your property. By using the
Service or accessing Hive Content, you acknowledge these inherent risks.

9. The Services

9.1. As described in more detail below, the Services, among other things,
provide software that facilitates the submission of Hive blockchain transaction
data to the Hive blockchain without requiring you to access the Hive blockchain
command line interface.

9.2. Account and Private Keys. Should you agree to create an Account through
our Service, we generate a cryptographic private and public key pair that
is provided solely to you and completely owned by you; provided however that
we do not store passwords or Private Keys for you. We never have access to
your Private Key and do not have custody of any Private Keys on your behalf, and
therefore, assume no responsibility for the management of the Private Key
tied to your Account. The Private Key uniquely matches the Account name and
must be used in connection with the Account to authorize the transfer of
HIVE from that Account. You are solely responsible for
maintaining the security of your Private Keys. You must keep your Private
Key access information secure. Failure to do so may result in the loss of
control of HIVE, and Hive Power associated with your Account.

9.3. No Password Retrieval. We do not receive or store your Account password
or Private Keys. Your Private Key is your own and you are solely responsible
for their safekeeping. We cannot assist you with Account password retrieval,
reset, or recovery. You are solely responsible for remembering your Account
password. If you have not safely stored a backup of any Account and password
pairs maintained in your Account, you accept and acknowledge that any HIVE,
and Hive Power you have associated with such Account will become
permanently inaccessible if you do not have your Account password.

9.4. Transactions. All proposed Hive blockchain transactions must be
confirmed and recorded in the Hive blockchain via the Hive distributed
consensus network (a peer-to-peer network), which is not owned, controlled,
or operated by us. The Hive blockchain is operated by a decentralized network
of independent third parties. We have no control over the Hive blockchain and
therefore cannot and will not ensure that any transaction details you submit
via the Services will be confirmed on the Hive blockchain. You acknowledge
and agree that the transaction details you submit via the Services may not
be completed, or may be substantially delayed, by the Hive blockchain. You
may use the Services to submit these details to the Hive blockchain.

9.5. No Storage or Transmission of HIVE, or Hive Power. HIVE,
in any of its forms (HIVE, and Hive Power) is an intangible,
digital asset controlled by you. These assets exist only by virtue of the
ownership record maintained on the Hive blockchain. The Service does not store,
send, or receive HIVE, or Hive Power. Any transfer of title that
might occur in any HIVE, or Hive Power occurs on the Hive
blockchain and not within the Services. We do not guarantee that the Service
can affect the transfer of title or right in any HIVE, or Hive Power.

9.6. Relationship. Nothing in this Agreement is intended to nor shall create
any partnership, joint venture, agency, consultancy, or trusteeship, between
you and us.

9.7. Accuracy of Information. You represent and warrant that any information
you provide via the Services is accurate and complete. You accept and
acknowledge that we are not responsible for any errors or omissions that
you make in connection with any Hive blockchain transaction initiated via
the Services, for instance, if you mistype an Account name or otherwise
provide incorrect information. We strongly encourage you to review your
transaction details carefully before completing them via the Services.

9.8. No Cancellations or Modifications. Once transaction details have been
submitted to the Hive blockchain via the Services, The Services cannot assist
you to cancel or otherwise modify your transaction details. We have no control
over the Hive blockchain and do not have the ability to facilitate any
cancellation or modification requests.

9.9. Taxes. It is your responsibility to determine what, if any, taxes apply
to the transactions for which you have submitted transaction details via
the Services, and it is your responsibility to report and remit the correct
tax to the appropriate tax authority. You agree that we are not responsible
for determining whether taxes apply to your Hive blockchain transactions or
for collecting, reporting, withholding, or remitting any taxes arising from
any Hive blockchain transactions.

10. Fees for Using the Services

10.1. Fees Creating an Account. We do not currently charge fees for any
Services in connection with the creation of Accounts, however, we reserve the
right to do so in the future, and in such case, any applicable fees will be
displayed prior to you using any Service to which a fee applies.

11. No Right to Cancel and/or Reverse Hive Transactions

11.1. If you use a Service to which HIVE, or Hive Power is
transacted, you will not be able to change your mind once you have confirmed
that you wish to proceed with the Service or transaction.

12. Discontinuation of Services.

12.1. We may, in our sole discretion and without cost to you, with or without
prior notice and at any time, modify or discontinue, temporarily or
permanently, any portion of our Services. You are solely responsible for
storing, outside of the Services, a backup of any Account and Private Key that
you maintain in your Account.

12.2. If you do not maintain a backup of your Account data outside of the
Services, you may not be able to access HIVE, and
Hive Power associated with any Account maintained in your Account if we
discontinue or deprecate the Services.

13. Suspension or Termination of Service.

13.1. We may suspend or terminate your access to the Services in our sole
discretion, immediately and without prior notice, and delete or deactivate
your account and all related information and files in such without cost to you,
including, for instance, if you breach any term of this Agreement. In the
event of termination, your access to the funds in your account will require
your access to the Hive blockchain via the command line API or third-party tool,
and will require you to have access to the backup of your Account data
including your Account and Private Keys.

14. User Conduct

14.1. When accessing or using the Services, you agree that you will not commit
any unlawful act, and that you are solely responsible for your conduct while
using our Services. Without limiting the generality of the foregoing, you agree
that you will not:

14.1.1. Use our Services in any manner that could interfere with, disrupt,
negatively affect, or inhibit other users from fully enjoying our Services, or
that could damage, disable, overburden, or impair the functions of our
Services in any manner;

14.1.2. Use our Services to pay for, support, or otherwise engage in any
activity prohibited by law, including, but not limited to illegal gambling,
fraud, money-laundering, or terrorist financing activities.

14.1.3. Use or attempt to use another user’s Account without authorization;

14.1.4. Attempt to circumvent any content filtering techniques we employ, or
attempt to access any service or area of our Services that you are not
authorized to access;

14.1.5. Introduce to the Services any malware such as viruses, Trojans, worms,
logic bombs, or other harmful material;

14.1.6. Encourage or induce any third-party to engage in any of the activities
prohibited under this Section.

15. Copyright Complaints, the DMCA, and Takedowns

15.1 We will respond to legitimate requests under the Digital Millennium
Copyright Act ("DMCA"), and we retain the right to remove access to user
content provided via the Service that we deem to be infringing the copyright
of others. If you become aware of user content on the Service that infringes
your copyright rights, you may submit a properly formatted DMCA request
(see 17 U.S.C. § 512) to this site’s operator(s).

Misrepresentations of infringement can result in liability for monetary
damages. You may want to consult an attorney before taking any action pursuant
to the DMCA. A DMCA request can be sent to us via the contact information below:

Copyright Agent


Please send our Copyright Agent the following information:

  1. The electronic or physical signature of the owner of the copyright or
    the person authorized to act on the owner's behalf;

  2. Identification of the copyrighted work claimed to have been
    infringed, or a representative list of such works;

  3. The URL or Internet location of the materials claimed to be
    infringing or to be the subject of infringing activity, or information
    reasonably sufficient to permit us to locate the material;

  4. Your name, address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the
    disputed use of the material is not authorized by the copyright owner, its
    agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the above
    information in your notice is accurate and that you are the copyright owner or
    are authorized to act on the copyright owner's behalf.

15.2 Your right to file a counter-notice. If you believe your user content was
wrongly removed due to a mistake or misidentification of the material, you can
send a counter-notice to our Copyright Agent (contact information provided
above) that includes the following:

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or to which
    access has been disabled and where the material was located online before it
    was removed or access to it was disabled;

  3. A statement by you, under penalty of perjury, that you have a good
    faith belief that the material was removed or disabled because of a mistake or
    misidentification of the material to be removed or disabled; and

  4. Your name, address, and telephone number, and a statement that you
    consent to the jurisdiction of the federal district court for the judicial district
    in which the address is located, or if your address is outside of the United
    States, for any judicial district in which the service provider may be found,
    and that you will accept the service of process from the person who provided
    notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and
tell them we will restore your content within 10 business days. If that party
does not notify us that they have filed an action to enjoin your use of that
content on the Service before that period passes, we will consider restoring
your user content to the site.

It is our policy to deny the use of the Service to users we identify as repeat
infringers. We apply this policy at our discretion and in appropriate
circumstances, such as when a user has repeatedly been charged with infringing
the copyrights or other intellectual property rights of others.

16. Indemnity

All the things you do and all the information you submit or post to the Service
remain your responsibility. Indemnity is a way of saying that you
will not hold us legally liable for any of your content or actions that
infringe the law or the rights of a third party or person in any way.

Specifically, you agree to hold us, our affiliates, officers, directors,
employees, agents, and third-party service providers harmless from and defend
them against any claims, costs, damages, losses, expenses, and any other
liabilities, including attorneys’ fees and costs, arising out of or related
to your access to or use of the Service, your violation of this user agreement,
and/or your violation of the rights of any third-party or person.

17. Disclaimers

To the fullest extent permitted by applicable law, the Service and the Hive
Content are provided on an “as is” and “as available” basis, without warranties
of any kind, either express or implied, including, without limitation,
implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement and any warranties implied by any course of
performance or usage of trade. The company does not represent or warrant
that the Service and the Hive Content: (a) will be secure or available at any
time or location; (b) are accurate, complete, reliable, current, or error-free
or that any defects or errors will be corrected; and (c) are free of viruses
or other harmful components. Your use of the Service and Hive Content is solely
at your own risk. Some jurisdictions do not allow the disclaimer of implied
terms in contracts with consumers, so some or all the disclaimers in this
Section may not apply to you.

18. Limitation of liability

To the fullest extent permitted by applicable law, in no event shall this
site’s operators or any related party, that includes but not limited to,
subsidiaries, vendors, or contractors, be liable for any special, indirect,
incidental, consequential, exemplary, or punitive damages, or any other damages
of any kind, including, but not limited to, loss of use, loss of profits or
loss of data, whether in an action in contract, tort (including, but not
limited to, negligence) or otherwise, arising out of, or in any way connected
with, the use of, or inability to use, the Service or the Hive Content.
To the fullest extent permitted by applicable law, in no event shall the
aggregate liability of this site’s operators or any related party, whether
in contract, warranty, tort (including negligence, whether active, passive or
imputed), product liability, strict liability, or other theory, arising out of
or relating to the use of or inability to use the Service.

Some jurisdictions do not allow the exclusion or limitation of certain damages,
so some or all of the exclusions and limitations in this Section may not apply
to you.

19. Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the
Service, or any features or portions of the Service, without prior notice. You
agree that we will not be liable for any modification, suspension, or
discontinuance of the Service.

20. Arbitration

Please read the following section carefully because it requires you to
arbitrate certain disputes with this site's operators and limits the way you can seek
relief from them. If you do not agree with this Section 20, please
discontinue using the Service.

20.1. All claims and disputes arising under or relating to this Agreement are
to be settled by binding arbitration in the state of Virginia or another
location mutually agreeable to the parties. An award of arbitration may be
confirmed in a court of competent jurisdiction.

21. Applicable Law and Venue

This Agreement and your access to and use of the Service and the Hive Content
will be governed by, and construed in accordance with, the laws of Virginia,
without resorting to its conflict of law provisions. To the extent the arbitration
provision in Section 20 does not apply and the Dispute cannot be heard in small
claims court, you agree that any action at law or in equity arising out of, or
relating to, this Agreement shall be filed only in the state and federal courts
located in Roanoke, Virginia and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any suit,
action or proceeding arising out of this Agreement.

22. Termination

We reserve the right, without notice and in our sole discretion, to terminate
your license to access and use the Service, which includes this site, and
to block or prevent your future access to, and use of, the Service that we

23. Severability

If any term, clause, or provision of this Agreement is deemed to be unlawful,
void or for any reason unenforceable, then that term, clause, or provision shall
be deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.

24. Changes

This Agreement is the entire agreement between you and us concerning the
Service. It supersedes all prior or contemporaneous agreements between you and
us. We may modify this user agreement at any time. If we make changes to this
agreement that materially affect your rights, we will provide notice and keep
this edition available as an archive. By continuing to use the
Services after a change to this agreement, you agree to those changes.

25. Contact Information

Notices to this site’s operators should be directed to legal@hive.io.