Welcome to Noverus Hosting! By using Noverus Hosting’s products, services or Web sites (“Noverus services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Service”). Noverus reserves the right to update and change the Terms of Service from time to time without notice. You can review the most current version of the Terms of Service at any time at: http://www.noverushosting.com/terms-of-service/
1. USE OF SERVICES Noverus Hosting, its subsidiaries and affiliated companies (“Noverus”) offer Noverus services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you are required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Noverus services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Noverus of any unauthorized use of your password or account or any other breach of security. Noverus cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT You agree that you are responsible for establishing and maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments, or other materials (“Content”) are the sole responsibility of the account from which such Content originated. Noverus reserves the right, but does not assume the responsibility, to monitor or review any Content on Noverus services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using Noverus services and for any consequences thereof. You agree to use Noverus services only for purposes that are legal, proper and in accordance with the Terms of Service, Acceptable Use Policy found at http://www.noverushosting.com/acceptable-use-policy/, and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Noverus services or servers or networks connected to Noverus services.
3. CHARGES AND BILLING You agree that Noverus shall be permitted to charge your credit card on a monthly basis in advance of providing its services, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of Noverus services. The subscription fee will be billed in full on the first day of your paid subscription and on each monthly anniversary thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on August 31st, your next billing date would be September 30th.
Noverus is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Noverus. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We also reserve the right to change our fees, but we will notify you in advance if we do so. If there is a specific duration and price for your current services, then that price will remain in effect for such duration, but continued use of Noverus services thereafter will be at the new price.
4. REFUND All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
5. RESELLER PROGRAM Resellers who sign up clients to become customers of Noverus Hosting are subject to the following additional terms: By signing up a customer to Noverus Hosting, the Reseller represents that it is authorized, on behalf of each customer signed up by that reseller, to enter into the Terms on that customer’s behalf. Each customer who obtains access to any one or more of the Products and Services through a reseller hereby agrees to use those Products and Services in accordance with the Terms. Reseller shall take every reasonable step to remedy each and every violation of the Terms by each customer it enrolls in any one or more of the Products and Services at the earliest reasonable time after the reseller knows or has reason to know of that violation. Noverus Hosting is not responsible for the actions, or misrepresentations of resellers. Reseller hereby agrees to indemnify and defend Noverus Hosting from and against any and all claims made by any person or entity arising from or related to: (a) any representation of any one or more of the Products and Services by Reseller other than those expressly authorized by Noverus Hosting, and any other unlawful or illegal act committed by Reseller. Reseller assumes all responsibility for the billing and technical support for each customer signed up by such reseller. Noverus Hosting may refuse to respond to any request for technical support made by any one or more customer signed up by a reseller. Noverus Hosting reserves the right to revise its reseller program at any time.
6. SPAM POLICY Due to strict SPAM prevention policies implemented by 3rd party e-mail systems (such as AOL and Hotmail) and our mission to provide reliable e-mail service to our customers, we have a strict policy of zero-tolerance towards any e-mails sent out by a customer that may jeopardize our ability to deliver other customers e-mails to 3rd party mail systems. Our e-mail hosting service is not designed for sending out large quantities of e-mail marketing messages. Other companies focus on delivering marketing e-mails, such as ConstantContact, JangoMail, and Topica. Please note that Noverus Hosting does not recommend any of these companies; rather they are listed just as examples. The sending or facilitation of the sending of bulk e-mail of any kind, other than verifiable, Double Opt-in email is strictly prohibited. Additionally, such Double Opt-in e-mail must be limited to a total of 200 e-mails per calendar month across all users in your account. If you need to send out a larger quantity of e-mails, then you must use a third-party e-mail marketing service such as one listed above. Double Opt-in means that when the user enters their email address on your website, they are sent an email CONFIRMING the opt-in, requiring them to click a LINK to verify that they opted in for your mailing. You may not mail to that email address unless they have confirmed the opt-in. At any time, upon Noverus Hosting’s sole discretion, you may be required to provide documented proof that all of your end-users have CONFIRMED an opt-in. This can be done by storing the IP address, a date-timestamp, and a unique ID for the confirmation. At its sole discretion, Noverus Hosting will determine from all of the evidence whether the email recipients were from a “Double Opt-in” email list and take appropriate action. Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as “spam” from our servers, or sending such e-mail with a Noverus Hosting-hosted Web site listed as the contact address, or any use of Noverus Hosting’ services or systems associated in any way with such mailings is strictly forbidden. Noverus Hosting will immediately terminate, without any warning, the account of any customer who conducts these activities. Noverus Hosting also reserves the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. Noverus Hosting reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations. Notices To report spam, please forward the spam with all original headers to email@example.com. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to: firstname.lastname@example.org.
7. SUSPENSION TERMINATION Noverus may terminate or suspend your access to Noverus services at any time and for any reason without notice. Upon termination or suspension, your right to use the service will stop right away. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
You may terminate the service at any time by following the instructions in the Customer Control Panel. As soon as you cancel the service, your right to use it stops right away. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing-up your data that you use with the service. Termination of the service by you will not alter your obligations to pay all charges due to Noverus. Sections 8 – 14 of this agreement survive its termination for any reason.
8. INTELLECTUAL PROPERTY RIGHTS; COPYRIGHT POLICY You acknowledge that Noverus owns all rights, title and interest in and to the Noverus services, including without limitation all intellectual property rights (the “Noverus Rights”), and such Noverus Rights are protected by U.S. and international intellectual property laws. The Noverus Rights include rights to: (a) the Noverus services developed and provided by Noverus and all trademarks and other intellectual property associated therewith; and (b) all software associated with the Noverus services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Noverus services or any Content placed on the Noverus services by Noverus or any third party. If you believe that your work has been copied and posted on the Noverus services without your permission or in any way that constitutes copyright infringement, please provide Noverus with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Noverus service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Noverus Hosting at the following address: Noverus Innovations, Inc. Attn: Copyright Infringement, 2225 Banbury Circle, Roseville, CA 95661
9. INDEMNITY You agree to hold harmless and indemnify Noverus, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Noverus services, violation of this Terms of Service or any other actions connected with use of Noverus services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Noverus will provide you with written notice of such claim, suit or action.
10. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF NOVERUS SERVICES IS AT YOUR SOLE RISK. NOVERUS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVERUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOVERUS DOES NOT WARRANT THAT (i) NOVERUS SERVICES WILL MEET YOUR REQUIREMENTS, (ii) NOVERUS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NOVERUS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH NOVERUS SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NOVERUS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOVERUS OR THROUGH OR FROM NOVERUS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
11. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOVERUS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WAGES, INCOME, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOVERUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE NOVERUS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM NOVERUS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON NOVERUS SERVICES; OR (v) ANY OTHER MATTER RELATING TO NOVERUS SERVICES.
12. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
14. NOTICE You agree that Noverus may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Noverus services. Noverus Hosting reserves the right to revise its policies at any time without notice
15. GENERAL INFORMATION Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and Noverus and govern your use of Noverus services, superceding any prior agreements between you and Noverus for the use of Noverus services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Noverus services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and Noverus shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Noverus agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sacramento, California.
Waiver and Severability of Terms. The failure of Noverus to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Noverus services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.