Terms and Conditions

Terms of Use

The use of Nova TV's services constitutes an agreement to these terms. You can review our privacy policy here.

Account Setup / Email on File

We will set up your account upon receipt of payment, and we and/or our payment partner(s) will review the order(s) for fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) under which you are registering. In case of abuse or if we need to contact you, the registered primary email address will be used for this purpose. It is your responsibility to ensure that the registered email address is current or updated at all times. If you have a domain registered with Nova TV, it is your responsibility to ensure that the contact information for your domain account and your actual domain(s) is correct and up-to-date. Nova TV is not responsible for an expired registration due to outdated contact information associated with the domain. If you need to verify or update this information, you must contact us via email. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or high-risk transactions, a government-issued ID and possibly a scan of the credit card used for the purchase may be required. Failure to meet these conditions may result in the order being considered fraudulent and rejected.

Transfers

Our support team will make every effort to assist you in moving your site to us. However, transfers are provided as a courtesy service, and we cannot guarantee the availability, feasibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms store data in an incompatible or proprietary format, making the migration of some or all account data extremely difficult or even impossible. We will do our best, but in very rare cases, we may not be able to assist you in transferring data from an old host.
Free transfer services are available for 30 days from your sign-up date and only available if your previous hosting company uses cPanel. If your previous company operated a non-standard control panel, migration fees may apply.

Content

All services provided by Nova TV can only be used for legal purposes. The laws of the State of California and the United States of America apply.
The customer agrees to indemnify and hold Nova TV harmless from any claims arising from the use of our services.
The use of our services to infringe on any copyright or trademark is prohibited. This includes, but is not limited to, the unauthorized copying of music, books, photographs, or any other copyrighted work. Offering for sale any merchandise that infringes on the copyright holder's trademark will result in the immediate termination of your account. Any account found in violation of another's copyright will be quickly removed or access to the material will be disabled. Any account found in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe your copyright or trademark is being infringed, please contact us with a valid DMCA request. If the request relates to a licensing issue, additional documentation may be required.
Examples of unacceptable material on all hosting plans include:
- IRC Scripts / Bots
- Proxy Scripts / Anonymizers
- Pirated Software / Warez (Linking to pirated software is also not allowed.)
- AutoSurf / PTC / PTS / PPC or advertising server scripts / banner campaign scripts
- IP Scanners
- Bruteforce Programs / Scripts / Applications
- Mail Bombers / Spam Scripts
- File Dump / Mirror Scripts (similar to Rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow / Bank Debentures
- High-interest Investment Programs (HYIP) or associated investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid System)
- Sale of any controlled substance without prior proof of appropriate permits
- Prime Banks Programs
- Lottery / Gambling Sites
- MUD / RPG / PBBG
- Hacker-focused sites / archives / programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez / pirated / illegal content
- Bank Debentures / Bank Debenture Exchange Programs
- Fraudulent sites (including, but not limited to, sites listed on aa419.org and escrow-fraud.com)
- Mailer Pro
- Broadcasting or streaming of live sports events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
Examples of unacceptable material on all dedicated servers include:
- IRCD (IRC servers)
- IRC Scripts / Bots
- Pirated Software / Warez
- IP Scanners
- Bruteforce Programs / Scripts / Applications
- Mail Bombers / Spam Scripts
- Escrow
- High Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery / Gambling Sites
- / archives / programs focused on hackers
- Pirate-promoting sites
- Forums and/or websites that distribute or link to warez / pirated / illegal content
- Bank Debentures / Bank Debenture Exchange Programs
- Fraudulent sites (including, but not limited to, sites listed on aa419.org and escrow-fraud.com)
- Mailer Pro
- Broadcasting or streaming of live sports events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
Nova TV's services, including all associated equipment, networks, and network devices, are provided only for authorized use by the customer. Space television systems may be monitored for all lawful purposes, including ensuring that use is authorized, for system management, 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. The use of Nova TV systems constitutes consent to this monitoring.
Any account found connecting to a third-party network or system without the express permission of the third party is subject to suspension. Access to networks or systems outside of your direct control must be done with the written, express consent of the third party. Nova TV may, at its discretion, request and require documentation to prove that access to a third-party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failing to respond to emails from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via Troubleticket/email and will receive a response within 48 hours.
Sites hosted on Nova TV's service(s) are solely governed by U.S. law. Given this fact, and in accordance with Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory content from domains hosted on our services. The only exception to this rule is if the material has been determined to be defamatory by a court, as evidenced by a court order. Nova TV is not able to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine if the material is indeed considered defamatory. In all cases where a court order indicates that the material is of a defamatory nature, we will disable access to the material. Similarly, in any case where a U.S. court has placed an injunction against specified content or material;
The wording of Section 230(c) of the Communications Decency Act essentially states that Internet service providers like Nova TV and many other web hosting services and brands of Nova TV are re-publishers and not publishers of content. Our service simply provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user who creates or publishes the content. Therefore, Nova TV should not be held responsible for any content that is allegedly defamatory, offensive, or harassing published on sites hosted under Nova TV's web hosting service(s).
If in doubt about the acceptability of your site or service, please contact us, and we will be happy to assist you.
Potential harm to minors is strictly prohibited, including, but not limited to, child pornography or content perceived as child pornography
Any site found to host child pornography or link to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and notify you so you can terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: your services will be terminated with or without notice.
Violations will be reported to the FBI.
It is your responsibility to ensure that scripts/programs installed under your account are secure and that directory permissions are properly set, regardless of the method of installation. Where possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as usernames and passwords. It is necessary that you 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 performed to prevent the use of weak passwords. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Policy for Spam

We take a zero-tolerance stance against sending unsolicited emails, bulk emails, and spam. 'Safe lists' and purchased lists will be treated as spam. Any user who sends spam will have their account terminated with no refund and without notice. Even if the account sends spam within the first month of service with us, the account will be terminated without a refund.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, telephone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account that results in our IP space being blacklisted will be immediately suspended and/or terminated.
Nova TV reserves the right to require changes or disable any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Nova TV reserves the right to charge the account holder used to send any unsolicited email for cleaning fees or fees incurred for blacklisting removal. The cost of these cleaning fees is entirely at Nova TV's discretion.

Payment Information

You agree to provide appropriate payment for services received from Nova TV before the period during which these services are provided. You agree that unless you notify Nova TV of your desire to cancel all or part of the services received, these services will be billed on a recurring basis.
Cancellations must be made online; you can cancel your hosting account or domain account by contacting us.
As a Nova TV customer, it is your responsibility to ensure that your payment information is up-to-date and that all invoices are paid on time. You agree that unless you notify Nova TV of your desire to cancel all or part of the services received (by the appropriate means listed in the relevant section of the Terms of Service), these services will be billed on a recurring basis unless otherwise indicated in writing by Nova TV. Nova TV reserves the right to charge your credit card or billing information on file. Nova TV offers a 14-day grace period between the time the invoice is generated and when it must be paid. Any overdue and unpaid invoice after 14 days will incur late fees and/or account suspension until the account balance is paid in full. Late fees are applied in addition to any amounts owed to Nova TV for services rendered. Account access will not be restored until payment is received.
Domain renewals are billed and renewed 7 days before the renewal date. No refunds can be made once the domain is renewed. All domain registrations and renewals are final.
Accounts overdue for 30 days will be automatically removed from our servers. If you wish to reactivate an account overdue for more than 30 days, a fee of $25.00 will be charged to restore your account from backups (if available). Any special pricing you had on your old account will not transfer to the new account; all new accounts will pay current prices on our website.
Any chargeback against Nova TV will result in a chargeback fee of $150.

Backups and Data Loss

Your use of our backup service is at your own risk. Our backup service runs multiple times a week, overwriting all previous backups, and multiple backups are retained (daily, weekly, monthly, etc.). This service is provided to you free of charge. Nova TV is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain your own backup of files and data stored on Nova TV's servers. In some circumstances, we have found that some websites do not properly generate backup files on Nova TV's servers. This is usually the result of unusual file permissions on your data. When this happens, Nova TV will not be responsible for your backups. We strongly recommend that customers download their own backup files in case this situation arises.
Multiple remote backups by Nova TV are a free bonus that we offer to all our customers. We cannot guarantee the integrity of your data. Although we make every effort to protect your data, we provide no warranty and will not be held responsible for any issues with the integrity of your backup files.

Cancellations and Refunds

Nova TV reserves the right to cancel, suspend, or otherwise restrict account access at any time with or without notice. Any abuse of our staff on any medium or format will result in the suspension or termination of your services without refund. Customers can cancel at any time by contacting us. Nova TV offers an initial 30-day money-back guarantee on semi-dedicated plans. Dedicated servers have an unconditional 7-day money-back guarantee.
The 30-day money-back guarantee applies only during your first 30 days of service with us. There is no refund on dedicated servers, administrative fees, installation fees for custom software, dedicated IP addresses, or domain name purchases. Only first-time accounts are eligible for our money-back guarantee. For example, if you have had an account with us before, canceled, and signed up again, you will not be eligible for a refund, or if you have opened a second account with us. After the first 30 days (your first 30 days of service), no refunds will be issued. If you have set up an automatic payment subscription via Paypal, it can only be canceled by you. If you do not cancel your automatic payment subscription, we will not be responsible, and you will not be entitled to a refund. This is strictly under our customer's control, and we will not be responsible for your subscriptions. Violations of the terms of service will result in waiving the refund policy.

Resource Usage

Users may not:

Run standalone and unassisted server-side processes at any time on the server. This includes all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash/AdSpy) on any hosting plans.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any application, tracker, or BitTorrent client. You can link to legal torrents off-site but cannot host or store them on our shared servers.
Engage in any file-sharing/peer-to-peer activities.
Run any game servers such as Counter-Strike, Half-Life, Battlefield1942, etc.
Run cron entries with intervals of less than 5 minutes.
Run any MySQL queries exceeding 90 seconds. MySQL tables must be appropriately indexed.
Connect their account to a remote database. In other words, if you are using any of our hosting plans, you must run your programs from a database located on our servers and not from a remote database.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allocation varies depending on the hosting package you purchase. If your account exceeds the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional cost, suspend the account until you upgrade to a higher package level, terminate the account, and/or charge you additional fees for overages. Unused transfer in a month cannot be carried over to the next month.
Nova TV will not activate new orders or activate new packages for customers with an outstanding balance with Nova TV. For a new order to be set up or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Nova TV in writing.

Availability Guarantee

If your server or hosting experiences a physical downtime outside the 99.99% uptime, you may receive one month credit on your account. Approval of the credit is at the discretion of Nova TV based on the provided justification. Third-party monitoring service reports cannot be used for justification due to various factors, including monitor network capacity/transit availability. Server uptime is defined as the uptime reported by the operating system and Apache Web Server, which may differ from the uptime reported by other individual services. To request credit, please contact us with justification. All requests must be made in writing via email.

Reseller: Customer Responsibility

Resellers are responsible for supporting their customers. Nova TV does not provide support to the customers of our resellers. If a reseller's customer contacts us, we reserve the right to suspend the customer's account until the reseller can assume responsibility for their customer. All support requests must be made by the reseller on behalf of their customers for security reasons. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their customers. Nova TV will hold any reseller accountable for any actions by their customers that violate the law or the terms of service.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change the prices listed on Nova TV and the right to increase the amount of resources allocated to plans at any time.

Coupons

Discounts and coupon codes are reserved for new accounts* or new customers* only and cannot be used for the purchase of a domain registration, unless otherwise stated. If you signed up using a particular domain, you cannot cancel your subscription 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 appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in account suspension or termination.

Indemnity

The customer agrees to defend, indemnify, save, and hold Nova TV harmless from any demand, liability, loss, cost, and claim, including reasonable attorney's fees claimed against Nova TV, its agents, customers, officers, and employees, which may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees, or assigns. The customer agrees to defend, indemnify, and hold Nova TV harmless against liabilities arising out of; (1) any injury to person or property caused by any product sold or otherwise distributed in connection with Nova TV; (2) any material supplied by the customer infringing or allegedly infringing on the rights of a third party;

Arbitration

By using the services of Nova TV, you agree to submit to binding arbitration. In the event of a dispute or claim against Nova TV or its subsidiaries, these disputes will be handled by an arbitrator of Nova TV's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of New Hampshire. Arbitrators will be attorneys or retired judges and will be chosen in accordance with applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's decision is final and binds all parties. Federal arbitration law, and not any state arbitration law, governs all arbitrations under this arbitration clause. You are also responsible for all costs associated with such arbitration.

Disclaimer

Nova TV will not be liable for damages your business may suffer. Nova TV offers no warranties of any kind, express or implied, for the services we provide. Nova TV disclaims any warranty of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, misdeliveries, and any service interruptions caused by Nova TV and its employees.

Disclosure to Law Enforcement

Nova TV may disclose any subscriber information to law enforcement agencies without further consent or notice to the subscriber at the lawful request of these agencies. We will fully cooperate with law enforcement agencies.