Content All services provided by NovaTech may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to copyrighted material, material NovaTech judges to be threatening or obscene, and material protected by trade secret and other statutes. NovaTech also does not allow the presence of pornography, hate material, or "adult" material on its servers. Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is also prohibited.  

The subscriber agrees to indemnify and hold harmless NovaTech from any claims resulting from the use of the service which damages the subscriber or any other party. All files residing on the server must be publicly accessible in that they are linked from HTML pages located on our server. Our servers are not to be used as drop-boxes for files, nor are they storage sheds, with the exception of business accounts requiring anonymous FTP access to files for valid business reasons. NovaTech reserves the right to determine if any questionable material resident on its servers falls under any of these categories, and to delete any files determined to be in violation of these guildelines, as well as close the account at NovaTech's discretion. If any client wishes to upload files but is unsure if they will violate any guidelines, simply contact NovaTech via email at support@novatech.net, and the content will be reviewed.
Multiple Users Any client that wishes to house data (web pages) in separate FTP/login subdirectories may do so (i.e. http://yourdomain.com/loginname), so long as the web pages are related directly to the content of your site. This may not be used for the purposes of reselling space. (If you are interested in reselling space, please review our Reseller Plan.) This provision has been established for websites using a "departmental" style format. Each login costs $20 to setup, which is a one-time fee. Traffic will go unmonitored until the entire cumulative account (home domain + all subdirectory logins) reaches 2 GB of throughput, after which normal data transfer charges will begin to incur - $20.00 per 1000 MB (1 Gigabyte) of additional transfer.
Bandwidth Bandwidth is determined as the throughput of data files of any time to and from a website.  This includes, but is not limited to, FTP, HTTP, WebBoard and IRC traffic.  Daily logs are provided to each hosted site which graphically display the site's bandwidth usage.  If you have any concerns regarding this, please contact us immediately as it it too late at the end of the month to register a dispute regarding bandwidth charges.  Any necessary bandwidth charges will be charged to the account on or about the 15th of any month in which a customer exceeds their designated bandwidth allotment per their hosting plan.
Chat Rooms We do not allow clients to install their own chat rooms. These tend to be large consumers of system resources, and would unduly affect the performance of our other hosted sites. We do provide a choice of Java chatrooms per the Rate Plans that will more than fill your needs and run without hindering the performance of the computers for others.  All chat rooms provided for client use will have a "bot" installed in them for the purposes of maintaining "OP" status in the chat environment.  Non-clients will not be permitted to use our servers to host chat rooms.
Running Background Programs (Daemons) We may chose to allow an individual client's programs to run continuously in the background. These will be reviewed on an individual basis, left solely to the discretion of NovaTech, and an extra charge will be incurred based on system resources used and operational maintenance needed.
Commercial Advertising And Unsolicited Email Spamming, or the sending of unsolicited email, from a NovaTech server, or using/referring an email address that is maintained on a NovaTech machine in this manner is strictly prohibited. Not do we allow misuse of our mailing lists. This includes sending any unsolicited e-mail. Mailing lists are an invaluable business tool and should be used appropriately. NovaTech will be the sole arbiter as to what constitutes a violation of this provision. This also works in reverse - our mail servers utilize the latest tools to filter spam from reaching our customers. If you have received unwanted mail, please forward a copy, including all headers, to abuse@novatech.net for our review.
Server Abuse Any attempts to undermine or cause harm to a NovaTech servers or a client of NovaTech is strictly prohibited and will be enforced by all applicable laws and statutes governing these issues.  

Any sub-networks of NovaTech must adhere to the above policies.  

If any terms or conditions which failed to be followed will result in grounds for immediate account deactivation. We reserve the right to remove any account without notice if any terms or conditions applied above are violated. If such an occurrence takes place, the fees for that month's service would not be refunded to the client.
Account Default Any account in default due to monthly billing not paid prior to the first date of the hosting cycle, returned vhecks, refused credit cards, etc, will be suspended immediately.  Our policies are as follows:

5 days delinquent: FTP Access is suspended
10 days delinquent: domain access via the web and all email accounts are suspended
30 days delinquent: site is permanently removed from server

 

NOVATECH SERVICE AGREEMENT

Upon acceptance of internet services provided by NovaTech Web Services, the client agrees to the following terms and conditions:

All portions of this service agreement apply to all portions of the client's account(s).  

Accounts are nontransferrable. Use of an account is limited to the individual(s) listed on the NovaTech account. For the ease of all concerned parties, all technical support and other requests must come from the primary domain contact.  

The client agrees to pay NovaTech all charges relating to the use of the client's account(s) according to rates and prices at the time of account setup. NovaTech must notify the client via email of price changes 30 days prior to their effect. Any account which is not paid to date will be suspended. Returned checks or credit card chargebacks are subject to a $30 penalty and immediate suspension of the account. If a client wishes to terminate their account voluntarily, they must notify NovaTech in writing at least five (5) days prior to their renewal date. Non-use of an account does not relieve the client of payment responsibilities. This agreement, User account, and billing will automatically renew unless canceled in writing at least five (5) days prior to the renewal date.  

The client agrees to remain within all applicable laws in both the United States, and their country of residence. NovaTech will cooperate with law enforcement agencies, as well as to a reasonable extent with software companies and other Internet Service Providers for the purposes of issue resolution. No files resident on NovaTech servers may violate or infringe any copyright, trademark, patent, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on NovaTech's servers.  

NovaTech assumes basic knowledge of Internet languages, services and protocols. NovaTech is not responsible to educate the client beyond the specific information necessary for administration of a NovaTech account.  

NovaTech reserves the right to delete any files uploaded by the client, at its own discretion.  

NovaTech is not responsible for the client's personal files, and not responsible to keep backup copies of any files. Upon account termination, NovaTech will immediaetly delete all files uploaded by the client, and has no legal necessity to make those files available.  

The client agrees to use reasonable server CPU, memory, as well as bandwidth use. NovaTech reserves the right to determine that a client has exceeded resonable use.  

NovaTech reserves the right to collect damages (software, hardware and/or labor) if any harm is done to NovaTech which requires repair or reconfiguration of any kind. By accepting an account on our servers, and therefore agreeing to these provisions, you are therefore accepting liability for any damage done by you, your staff, anyone you grant access to, as well as any software or files placed on our servers by same.  

The client may only resell space and services as under the NovaTech Reseller Plan, and is responsible for all third-party account maintenance, support, and content. NovaTech will not be responsible for supporting third-party accounts in any way other than basic maintenance of the servers to ensure their continued operation.  

The client is responsible for any expenses, taxes, or charges stemming from their sales or delivery of any products or services furnished via their account.  

NovaTech may suspend an account for the any of the following: sending of unsolicited mass emailings, using a NovaTech account as a drop box for responses to said mailings, falsifying one's user name in any way (other than common nickname driven environments such as IRC), harrassment of any individual, using or storing "bots".  

The client is responsible for any charges incurred by NovaTech from the necessary termination of account and complaints due to any violation of this service agreement. The client agrees to pay NovaTech's legal fees in collecting the amount remaining on the account.  

NovaTech does not extend any warranties as to its servers or resident software. There is no reimbursement for loss of income due to disruption of service. NovaTech and its employees are not liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use NovaTech's server, or that results from mistakes, omissions, interruptions, deletion of files, delays in operation, errors, defects, or transmission or any failure of performance, whether or not limited to acts of Nature, communication failure, destruction, theft, or unauthorized access to NovaTech's programs or services, and any content on NovaTech servers.  

NovaTech may enforce any part of this service agreement at its own discretion. Non-enforcement does not represent consent. Every portion of this agreement is valid separate from all other portions.  

NovaTech may alter this service agreement via notice published on the NovaTech website. A client's continued use of NovaTech's services after publication will represent acceptance of the alterations.  

To receive a full copy of these policies and guidelines via email, please send a blank message to our autoresponder at policies@novatech.net (note: this is an autoresponder and no human will read any email sent to this address).