Novaweb internet
Terms Of Service
 
 
     
 
Terms OF Service
Section 1 introduction
Sec 1.01 - Purpose Of Terms Of Service
The purpose of the Terms of Service Agreement is to clearly state in writing what is and what is not acceptable conduct by our clients. Due to the global nature of the internet it is necessary to establish a general practices and limits concerning use of our services.  Since content and data sent are made available will originate from our servers located inside the United States they are subject to U.S. jurisdiction. The concept of establishing terms of services is not a new idea. Most every Internet Service Providers and hosting companies have established their own set of Terms Of Service.
Sec 1.02 - Updates To Terms Of service
In the future it may become necessary to revise all or parts of the Terms Of Service Agreement. It is our intent to keep current by the addition or deletion of any part of the language of this document that may need amending. Amendments may take the form of one of the following:
(1) Removal of obsolete language
(2) Addition of new language
(3) Keep up-to-date in industry standards
(4) Fix errors
Changes made may be done with or with out prior notice to our clients. All updates will be posted on this website at www.novawebinternet.net/termsofservice.htm for public inspection. If any contradictions between Terms Of Service are found corrections will be made under Sec 1.02.4 and the correction will take shall take precedence in relation to the older language. Changes will occur at the discretion of Novaweb Internet Services Administrator and are not open for debate, arbitration, or discussion.
Sec 1.03 - Description of services offered
(1) Website Design - New Websites, Updates, Website Maintenance
(2) Website Hosting - Single User & Resellers
(3) Domain Registration
(4) Search Engine - Submissions & Optimization
(5) Graphics Design
(6) Support Of Services
Section 2 - General Terms
Sec 2.01 - Eligibility For Receiving Service
Prospective clients must be of legal age (18 Years old) to form a binding contract and are not a person or persons barred from receiving services under the laws of the United States. You also provide true and accurate information about yourself or the organization or business that you represent. Giving untrue, inaccurate, or incomplete information are considered grounds for suspension and or termination (See Sec. 9.0) of your account privileges.
Sec 2.02 - Qualification for Services
Novaweb Internet Services reserves the right to accept or reject potential applicants that may have objectionable content or services to offer. Novaweb Internet will not accept individuals, businesses, or organizations who promote or distribute information, products, and services that are unlawful, threatening, harassing, abusive, defamatory, vulgar, violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive. furthermore Novaweb Internet will not accept contracts from clients that promote participation in multilevel or pyramid marketing initiatives, raffles, sweepstakes, lottery, or any other forms of gambling. As well as sites that advertise tobacco, controlled substances, alcohol, or any other product or service that is illegal. This also applies to links to sites that contain such mentioned content. We may or may not prescreen, or edit content provided by clients. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content. The opinions and views expressed by our clients do not necessarily reflect those of our company.
Sec 2.03 - acceptance of terms of Services
Clients who contract for our services ether by written or verbal agreement are bound to the terms set fourth within this agreement. This agreement constitutes the entire agreement between clients and Novaweb Internet Services and governs your use of All the services we provide. By accepting the services we offer you agree to all terms set fourth with in this agreement whether you have read this agreement or not.
Sec 2.04 - Application for Services
To sign up to receive our services by going to www.sales.novawebinternet.com or you may phone us at 903.526.2582. Applications of new service are subject to review and approval.
Sec 2.05 - modification of services
Novaweb Internet Services reserves the right to modify or discontinue, temporarily or permanently remove, or change services (or any part thereof) with or without prior notice at any time. We also add that our company shall not be liable for  any modification, suspension, or discontinuance of any Services by third party service providers we use.
Sec 2.06 - Use of third party vendors
At times our company may use third party Internet Companies. When you deal with and enter into transactions with such subcontractors you do so at your own risk. Novaweb Internet Services is not party to any such transactions. Clients agree to abide by the terms of these companies that might differ from our own terms. Novaweb Internet is not liable for any claims or damages that may result from doing business with them. Novaweb Internet is not responsible for their availability, content, or delivery of services. We use other business services that maintain an ethical business practices. Any subcontractor we use that works in an un-business like manor should be reported to Novaweb Internet at once so that we may take appropriate action. Novaweb Internet may change or terminate any or part of our services with clients without notice or liability due to and including lack of use or violation of terms, or nonpayment of services.
Sec 2.07 - Additional Miscellaneous Terms
Clients may not add: hidden web pages or images, redirect for another website. Other links to pirated computer programs or programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities will not be permitted. Other forms of activities Novaweb Internet Services will not permit are: software that contains viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, a users computer hardware, or files. The display of commercial sponsorship or ad banner will be allowed if written permission is granted by Novaweb Internet Services. 
Section 3 - privacy & Security
Sec 3.01 - Personal information
Novaweb Internet Services takes the matter of clients privacy seriously. application information as well as other data we collect from our clients remains in house and confidential. Our company will never sell or give out any of your personal information.
Sec 3.02 - Account Security
Clients passwords will be kept strictly confidential. All clients are solely responsible for keeping track of their usernames and passwords under their accounts. Under no conditions should clients give out your login information to anyone. Some other users may try to obtain access to your account by requesting it under the pretence of being a Novaweb Internet Services staff member. Our Staff members will never ask you for your login information. Clients Must immediately notify us of any unauthorized use of your password or account or any other breach of security. Accounts may be temporarily suspended if unauthorized use of account has been detected (See Sec. 9.0.c).
Sec 3.03 - Loss of usernames & passwords
It is important that clients keep your login information in a safe place. Passwords can not be recovered if lost they must be reset. Novaweb Internet Services staff members are unable to view current passwords. In some cases recovery of login information may be impossible (Such as third party scripts).
Section 4 - Client Content & Conduct
Sec 4.01 - content responsibility
Clients are responsible for any content that is posted or transmitted on or through their websites or e-mail accounts. Clients are responsible for accuracy of the information. Novaweb Internet Services are not liable for any errors or omissions in content or for any losses or damages that might occur whether they are direct or indirect even if known to us. Clients must have licensing rights of copy written material. Novaweb Internet Services must have a copy of any license agreements clients may have on copy written material. Clients will not impersonate any person or entity; misrepresent your affiliation with a person or organization. Clients should check content and report any corrections that need to be made within 3 workdays of website posting. Novaweb internet will not create or permit websites that contains objectionable content as listed in Sec 2.02.
Sec 4.02 - Use Of Email
Clients agree not to abuse your email accounts by using them to send  unsolicited or spamming junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, messages to other internet users. Misuse of email accounts may result in termination and or suspension of your account (See Sec. 9.0).  Clients should be cautious when receiving e-mails from users known or unknown to them. Some files sent via email can contain viruses that may harm your computer. Be advised that Novaweb Internet Services has no liability whatsoever for any damages that might occur including direct or indirect use of this service.
Section 5 - Payment of services
Sec 5.01 - terms of Payment
Amount owed for our services are in U.S. Dollars and or payable before services are rendered. Novaweb Internet Services accepts payment by cash (Do Not Sent Cash In The Mail), check, money order or credit card. Payment by check does Not apply until the check clears the bank and actual payment is rendered. No post dated checks will be accepted. There is a $39.00 fee on returned checks.  Novaweb Internet sales technicians attempt to obtain a clients signature on completion of service whenever possible; however, the customer is responsible for charges regardless of whether a signature is obtained or not. Payments are to be made On the first of each month. If Payments are not received by the fourth day of the month They will be considered late and subject to a $20.00 late fee (See Sec 5.03).  All or parts of our fees are subject to change without notice. Long-term contracts are locked into the amount until the term of the contract expires. Long-term (Yearly) contracts require payment in full each month on the first of the month. If payment is not received on time we may temporarily suspend or terminate service.
Sec 5.02 - Billing & Invoicing of payments
Invoices for Hosting account payments will be sent out on the third Monday of the month. For clients paying on a monthly basis this will be every month, however Payments must be made on or by the first of the month. the deadline for receiving payment is by midnight on the third day. any payment received after this time will be considered late and subject to a late fee as per Sec 5.03. Invoices may be sent by e-mail only. whether the invoice has been received or not payments will still be due on the first day of each month. 
(1) Hosting Accounts
 
(A) Monthly Invoicing
  Invoices for monthly payments will be sent on the third Monday of each month.  whether the invoice has been received or not payments will still be due on the first day of each month. 
(B) Yearly Invoicing
  Invoices for Yearly payments will be sent 30 days prior to the anniversary date. Invoices  whether the invoice has been received or not payments will still be due on the first day of the anniversary date, and considered late if not received by midnight on the third day after the anniversary date.
(2) Website Design, Website Updates & Maintenance, And Other Services
  Payments are due on completion of services rendered. In the event that an immediate payment can not be collected at this time an invoice may be billed to the client. Client has 10 business days to submit payment. If payment has not been received by midnight on the 10th day the payment will be considered late and subject to an additional $20 late fee as per Section 5.03. additionally if payment has not been received by the 12th business day Hosting Clients will have their Hosting service temporarily suspended. Clients whom do not have Hosting accounts will be subject to legal action brought against them and shall be responsible for any legal fees that we incur.
Sec 5.03 - Late Payment fees
It is vital that our company receives clients payments in a timely manor. beginning February 1, 2008 Novaweb Internet Services will begin collecting a $20 Late fee on accounts that have been late in payment. Payments are considered late if not received by midnight on the fourth day of the actual due date. Payments that age to 15 days will be subject to temporary suspendtion until payment is made & will incur a $39.00 reconnect fee (See Sec. 5.04).
Sec 5.04 - Reconnect Fees
Accounts that have been Suspended and or Terminated will incur a one time reconnect fee in the amount of $39 to resume services. This payment may be in addition to other fees such as Late payment fee (Sec. 5.03), and or $39 return check fee (Sec. 5.01).
Section 6 - Website Use & Licensing fees
Sec 6.01 - Explanation of Website Use & Licensing fees
this section applies to websites that have been designed by Novaweb Internet Services (Also sold under the LYRAGROUP name). The purpose of licensing is as follows:
(1) Maintain creative control over our work (Including source code & graphics design).
(2) Fulfilling Content License Agreement with third party stock photography companies or freelance photographers.
(3) Programming languages (java Scripts, Flash, PHP, Html, etc...)
(4) Additional royalties associated with the technologies used for licensing the Interim or Final Products.
Sec 6.02 - term of use
Clients will be granted a life time with the following restrictions. Licensee shall not modify, copy, duplicate, reproduce, license or sublicense, transfer or convey the website to anyone else without the prior written consent of Web Developer.  The Licensee may make one copy of the Website for backup or archival purposes. The Licensee may not transfer the website without the written consent of the Website Developer.  The new owner Licensee must apply for a new license. New licenses are subject to a $100 transfer fee.
Sec 6.03 - Novaweb Hosting hyperlinks
Novaweb Internet Services (As well as websites created under our LYRAGROUP label) requires that all web pages we create for a client have a Hyperlink at the bottom of their webpage's. This hyperlink must point to our companie(s) home page(s). Removal of our hyperlink will result in termination of contract & services, and may lead to punitive action against  owners. All other portions of the website maybe modified or changed at the discretion of the website owner.
Sec 6.04 - use of content
Clients may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code from websites designed by Novaweb Internet Services or LYRAGROUP. Additionally clients may not permit or allow anyone else to do the same. You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the services. By submitting, posting or displaying the content you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the services. This license is for the sole purpose of enabling Novaweb Internet Services & LYRAGROUP the rights to display, distribute and promote the services and may be revoked for certain services as defined in the additional terms of those services.
Section 7 - Domain names
Sec 7.01 - domain registration under Novaweb Internet
Domain Registration Fees may apply if the domain has not already been registered. Domain Names must be renewed every 2 years. We offer discounts on domain registration on long term service contracts. Domains registered by Novaweb Internet Services and will remain under our control & be managed by us during the length of this contract. Domains registered under our company will remain under our control until the balance of this contract is paid in full. Transfer fees in the amount of $60 will apply if change of ownership or webhost provider occurs.
Section 8 - Website hosting
Sec 8.01 - Hyperlinks To Novaweb Internet Services
Novaweb Internet Services requires that all web pages have a Hyperlink at the bottom of their webpage's. this hyperlink must point to our companies home page. Removal of our hyperlink Will result in termination of contract & services.
Sec 8.02 - Hyperlink Exemption
Hosting Resellers selling website hosting under their label are allowed an exemption to the Hyperlink to our companies home page.
Sec 8.03 - Cancellation of Hosting Services
On month to month contracts our company requires a 30 day notice prior to cancellation. For long term contracts or contracts with a term over 1 year services may be canceled 30 day prior to the renewal date.
Sec 8.04 - Hosting Resellers
Only Hosting Resellers are allowed to resell website hosting on our network servers. You must have a resellers root account to provide website hosting through Novaweb Internet Services. Hosting Resellers and their clients must conform to the terms set fourth within this agreement with out exception. special provisions for Hosting Resellers are as follows:
(1) Resellers will offer Technical Support to clients who need help with their accounts.
(2) Resellers must pay Novaweb Internet Services weather or not their client has paid them or not.
(3) Resellers are responsible for collecting payments and maintaining accounts for their customers (Including billing & invoicing).
(4) If a reseller has a suspended client under their resellers account payment is still due until that account has been terminated.
Sec 8.05 - Resellers Support
Novaweb Internet Services will offer Resellers support with issues outside the realm of their root account.
Sec 8.06 - Unlimited Web hosting
It is Novaweb Internet Services intent to provide our clients ample space to meet their web hosting needs. We have eliminated the need for multiple account packages by offering a single Unlimited Hosting Package. Although the accounts are unlimited there are a few restrictions. The following explains acceptable use of our Unlimited Hosting Packages.
(1) Data Transfer And Disk Use
  Novaweb Internet Services will monitor client's bandwidth and disk usage. New accounts will be set by default to 4256MB of space. Once the account reaches 80% of "normal use" an additional 4256MB will be added AT NO ADDITIONAL COST!  This addition of space will continue as the clients need for space continues to grow provided that the need is due to "normal use". The disk space provided is allotted to "normal use". "Normal use" is defined as files that would normally be used in creation of an average website that consist of HTML files, graphics, word file formats, and limited use of multimedia, and other files typically used in construction of websites. Websites that sell large quantities of videos, and music such as MP3's will not be allowed. Streaming Music and video is also prohibited. Other files such as files addressed in Sec 2.02 of this agreement will also not be permitted.
(2) Data Warehousing And Storage
  Data Warehousing & Storage is strictly prohibited. Unlimited Hosting is intended for web hosting services only. Any use of our servers for file storage, data warehousing, backup data storage or any other forms of data file storage or management will not be permitted. Violation of these terms will result in termination of services.
(3) Excessive Resource User Policy
  Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using "excessive amounts of resources" when it monopolies the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems including, but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client who is using "excessive resources" will be subject to temporary suspendtion of account services. Novaweb Internet Services will be the sole and final arbiter as to what constitutes a violation of this policy.
Section 9 - Suspendtion And Or Termination Of Services
Sec 9.01 - General Information
Novaweb Internet Services reserves the right to temporarily suspend or terminate clients services. Under certain circumstances we may suspend and or terminate without prior notice. Cause for such suspendtion and or termination shall include, but not be limited to, (a) breaches or violations of the Terms Of Service, (b) non-payment of debt, (c) unexpected technical or security issues or problems, (d) engagement by you in fraudulent or illegal activities, (c) miss use of your email accounts to send unsolicited email or spam. Further, you agree that all suspendtion and or terminations for cause shall be made in Novaweb Internet Services sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. 
Sec 9.02 - Cause For Suspendtion
(1) Breaches or violations of the Terms Of Service.
(2) Non-payment of debt - Second notice.
 
(A) Payments not paid by midnight on the 3rd day of the month payments are due are considered late and are subject to suspendtion.
(3) Miss use of your email accounts to send unsolicited email or spam.
(4) Unexpected technical or security issues or problems.
Sec 9.02 - Cause For Termination
(1) Noncompliance of correcting breaches or violations of the Terms Of Service
(2) Non-payment of debt - Third Notice.
 
(A) Accounts that reach 30 days past due will be temporarily terminated pending receipt of payment in full of debt owed.
(3) Miss use of your email accounts to send unsolicited email or spam.
(4) Severe technical or security issues or problems.
(5) Engagement by you in fraudulent or illegal activities.
Section 10 - Disclaimer & Limitation Of Liability
THE CLIENT AGREES TO USE ALL SERVICES AT THEIR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" & WITHOUT WARRANTY OF ANY KIND. NOVAWEB INTERNET IN NO WAY SHALL BE LIABLE FOR ANY LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, ACTS OF GOD, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY THE COMPANY PARTIES OR YOUR ERRORS OR OMISSIONS. THE CLIENT WILL WAIVE & RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN OR UNKNOWN, AGAINST THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY THE COMPANY PARTIES AND/OR CLIENTS USE OF THE ANY AND ALL SERVICES NOVAWEB INTERNET PROVIDES.
  
 
Created 09.04.02 / Revised 05.25.09
 
 
 
     
     
     
     
     
     
     
     
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