University of Utah Research Data Repository

General Terms of Service

  • These Terms of Service apply to those who use or submit and publish content in The Hive: University of Utah Research Data Repository (hereby referred to as The Hive). If the submitter is someone submitting content to The Hive for the Creator of the content, then these Terms of Service also apply to the Creator. In addition to content, these Terms of Service also apply to the use of the web interface.
  • By submitting content to or using content from The Hive, submitters and users enter into a binding agreement to accept the Terms of Service described herein. If you do not agree to these Terms of Service, please refrain from using content from or submitting content to The Hive.
  • The Hive is offered to the University of Utah community to facilitate the sharing and reuse of datasets resulting from research.
  • The Hive was developed and is maintained by professional staff in the IT and Digital Collections division of the J. Willard Marriott Library (hereby referred to as Marriott Library), University of Utah (hereby referred to as University).

Definitions

  • Content includes the datasets, code, README files, and any other documentation required to facilitate the reuse of the datasets.
  • Creator(s) are the people who lead and are responsible for the research as is described in the University Research Handbook and pertinent regulations. More than one Creator may be associated with any one research project.
  • Submitter is the person tasked with submitting the dataset and related documentation. Creators may request a person other than themselves to submit the dataset and related documentation to The Hive.
  • Users are the people using the content being preserved in The Hive.
  • Service is the assistance provided by The Hive staff to Submitters/Creators with the submission of their datasets, metadata, README file, etc. and the creation of a persistent identifier.

Responsibilities of the Hive Staff to Users and Creators/ Submitters

The Hive staff will be responsible for:

  • Assisting creators/submitters in completing the README intake form and submitting their metadata and data to The Hive.
  • Generating a README file and uploading it to The Hive on behalf of researchers.
  • Reviewing submissions; the metadata, dataset and the README file for appropriateness and completeness.
  • Minting a persistent identifier—a DOI (digital object identifier)—for the dataset once the data and documentation submitted to The Hive have been reviewed and deemed appropriate and complete.
  • Obtaining the citation and DOI for the published articles related to the submitted data and entering it in the metadata and the README file.
  • Maintaining the underlying software, servers and website. In addition, the Hive staff will backup, ensure the reliability of storage media, check for data consistency and any additional preservation procedures.
  • Informing researchers that their data is under consideration for deaccessioning when the 10 years of guaranteed storage have concluded.

Terms of Service

Use of The Hive, either by submitting datasets or downloading datasets for reuse, denotes agreement with the following terms:

  • The Hive is a research data repository for the preservation of and the sharing and reuse of the research data and corresponding documentation. Access to The Hive’s content is open to all.
  • Content may be uploaded by those without ready access to a more appropriate data repository (e.g., subject-based or funder required. Please see the library guide, Repositories for Research Data and/or contact us at mlib-data@lists.utah.edu for assistance.
  • It is the creator’s responsibility to ensure that their content is complete and is suitable for sharing and reuse, and that it complies with these terms, applicable laws and University policies and regulations, including, but not limited to, privacy, data protection and intellectual property rights.
  • The creator is responsible for including appropriate and complete documentation along with the submission of datasets. For the documentation to be complete, a user will have sufficient information to reuse the data. If documentation is deemed not appropriate and/or insufficient by The Hive staff, then it can be removed from the repository.
  • The creator is responsible for reviewing and agreeing to the Deposit Agreement prior to making deposits public.

Withdrawal

Deposits may be requested to be withdrawn prior to the end of the Hive’s standard retention of 10 years from The Hive under the following scenarios:

  • The depositor and/or author requests the deposit be withdrawn
  • The depositor and/or author leaves the institution and requests the work be removed and DOIs (or other persistent identifiers) be updated
  • Violation of publisher (The Hive) policies or rights
  • Copyright infringement, or legal or ethical violation regarding the deposit and/or its contents

Descriptive metadata of works withdrawn upon request of the depositor and/or author will remain publicly available on the website. Files will be moved to tape storage and will not be available for download. Authors or depositors who wish to have files deleted entirely may request to do so.

If a deposit is withdrawn due to a policy or rights violation, copyright infringement, or legal or ethical violation, the descriptive metadata and files will be permanently deleted.

Deaccessioning

Content deposited in The Hive will be reviewed 10 years after the deposit's approval date. Deposits will be evaluated on the following criteria:

  • Number of downloads
  • Association with related datasets, published works, or derivative materials

If a deposit has zero downloads and citations after the initial retention period, the depositor(s) will be notified and requested to provide any rationale for the dataset to be maintained and available in The Hive. Given no rationale or contest from the depositor(s) regarding deaccessioning, the files associated with the deposit will be moved to tape storage and no longer be available for immediate download from The Hive. Files on tape storage may be accessed upon request but will not be further preserved or archived. Metadata records will remain available and indexed on The Hive.

Deposits that have been downloaded and/or cited at least 10 times during the initial 10 year retention period may be renewed for another 5 years depending on the interest of the researcher. If the researcher does not wish to renew, the files will be moved to tape storage and metadata records will be retained as stated above.

Conduct Requirements

As a registered User you are able to both submit your datasets and download publicly available Content from The Hive. As a condition to your gaining Use of Service, you are required to register for and be logged into an Account on The Hive. You shall provide The Hive with accurate and complete Registration Information and regularly update such information to maintain its completeness and accuracy. Failure to do so may result in immediate termination of your Account. The Hive reserves the right to refuse registration of or cancel an Account in its sole discretion. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Account password, in accordance with University of Utah Information Technology Policies.

You grant to The Hive all necessary permissions and required licenses to make the Content you submit or deposit available for archiving, preservation and access. This includes, without restriction, permission to:

  • re-disseminate copies of the Content in a variety of distribution formats according to the standard terms of use of The Hive;
  • promote and advertise the Content in any publicity (in any form) for The Hive;
  • describe, catalog, and document the User Submissions;
  • store, translate, copy or re-format the Content in any way to ensure its future preservation and accessibility, and improve usability and/or protect respondent confidentiality; and
  • incorporate Metadata or documentation in the Content into public access catalogs.

You also grant to The Hive all necessary permissions, waivers and required licenses to share any metadata you submit or deposit with DataCite for the purpose of minting a DOI.

You represent and warrant that you are lawfully entitled and have full authority to license to The Hive the Content you submit or deposit in the ways described in these Terms of Use; and you are not under any obligation or restriction created by law, contract or otherwise that would prevent you from entering into and fully performing these Terms of Use.

You represent and warrant that none of the above supersedes any prior contractual obligations with third parties that require any information to be kept confidential. Nothing in this Agreement obligates you to disclose information to The Hive if such information is otherwise confidential or proprietary. The Hive assists with User Submissions before they are posted; but you are solely responsible for the User Submissions you post on or through the Service and all possible confidentiality or other privacy issues that may arise from your posting any User Uploads. You agree to indemnify and defend the University of Utah from and against all claims, damages or expenses resulting from any breach of the above representations and warranties.

All content is provided “as-is”. Users of content shall respect applicable license conditions listed in the metadata. Download and reuse of content from The Hive does not transfer any intellectual property rights in the content to Users.

Users of content are exclusively responsible for their reuse of content, and shall hold the University, Marriott Library and/or any of its employees or students free and harmless in connection with the download and/or reuse of content. Users shall include proper attribution to and not infringe upon the intellectual property rights held by Content Creators.

The University and Marriott Library reserve the right, without notice, at its sole discretion and without liability, (a) to alter or delete inappropriate content, and (b) to restrict or remove user access where it considers that use of The Hive interferes with its operations or violates these Terms of Use or applicable laws.

Unless specified otherwise, metadata associated with content in The Hive may be freely reused under the CC0 waiver.

Termination

The Hive may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may notify The Hive at mlib-data@lists.utah.edu.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

These Terms of Use are subject to change by The University and Marriott Library at any time and without notice, other than through posting the updated Terms of Use on The Hive website.

If you have any questions or comments with respect to The Hive, or if you are unsure whether your intended use is in line with these Terms of Use, or if you seek permission for a use that does not fall within these Terms of Use, please contact us at mlib-data@lists.utah.edu.