Terms of Services.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES.
Account Setup / Email on File.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with NuvaHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. NuvaHost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our Billing department via email or ticket.Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and will be denied or cancelled.
The free migration services are available for 30 days from your sign-up date and only available if your previous hosting company is running cPanel. If your previous company was running a non-standard control panel, there could be a migration fee. Transfers outside of the 30-day free period will incur in a charge; please contact a member of our Billing department with specific details to receive a price quote.
Our migration department will make every effort to help you move your site to us. However, migrations are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host.
All services provided by NuvaHost may only be used for lawful purposes and in accordance to the laws applicable for your region or country.
The customer agrees to indemnify and hold harmless NuvaHost from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be charged an administrative fee and can result in termination of your account. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with a valid DMCA request. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, any backups, including cPanel Backups will be automatically deleted from our servers without previous notice, it is important to avoid this behavior due to complaints regarding deleted backups are entirely ignored.
Examples of unacceptable material on all Shared and Reseller servers include:
IRC Released Items.
Public Proxy Scripts/Anonymizers (Unless they are for your private use only).
Pirated Software/Warez (Linking to pirated software is also not allowed, this includes sites such as MegaUpload, RapidShare, etc.).
Mail Bombers/Spam Scripts.
Banner-Ad services (commercial banner ad rotation).
File Dump/Mirror Scripts (similar to rapidshare).
Commercial Audio Streaming (more than one or two streams).
High-Yield Interest Programs (HYIP) or Related Sites.
Sale of any controlled substance without prior proof of appropriate permit(s).
Prime Banks Programs.
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 Trading Programs.
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
Bulk Email Scripts.
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
NuvaHost services, including all related equipment, networks and network devices are provided only for authorized customer use. NuvaHost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, 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. Use of NuvaHost system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. NuvaHost may, at its discretion, request and require documentation to prove 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.
Failure to respond to email 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 trouble ticket/email (not chat) and will have a response within 48 hours.
Sites hosted on NuvaHost's service(s) are regulated by the local region or country where our data centers are located. Given this fact, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. NuvaHost.com is not in a position 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 whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question. We do not remove allegedly defamatory material from domains hosted on our service(s).
NuvaHost and many of NuvaHost's other webhosting services and brands are re-publishers and not the publisher of content. Our service merely 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 which creates or publishes the content. Therefore, NuvaHost should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under NuvaHost's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at firstname.lastname@example.org and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may 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 correspondent authorities of your region or country.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all 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 user name and password. It is required 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 done to prevent weak passwords from being used. 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 Spam Policy.
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice and no refund applies.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or UseNet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Bulk email will only be allowed on our VPS platform and must be according to all US laws regarding spam, including the CAN-SPAM act.
NuvaHost reserves the right to require changes or disable as necessary any web site, 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.
NuvaHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of NuvaHost.
You agree to supply appropriate payment for the services received from NuvaHost, in advance of the time period during which such services are provided. You agree that until and unless you notify NuvaHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of NuvaHost, 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 until and unless you notify NuvaHost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by NuvaHost. NuvaHost reserves the right to bill your credit card or billing information on file with us. NuvaHost provides a 3-day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a $5.00 late fee and/or an account suspension until account balance has been paid in full. The $5.00 late fee is applied in addition to whatever else is owed to NuvaHost for services rendered. Access to the account will not be restored until payment has been received. If the customer has multiple services, they risk having their other services suspended until all services are paid up to date.
Domain renewals are billed and renewed 7 days before the renew date. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final. New domain purchase is never guaranteed that you will get the domain, once payment is done, we will process the registration and try to register the domain. If there is an issue with your registration a support team member will reach out to you.
Accounts that are 15 days past due will be automatically deleted from our servers, once the account has been removed from our server it is NOT possible to recover the data. If you wish to restore a cancelled account or receive a backup of a suspended account, there will be a $25.00 fee if there is a backup 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.
NuvaHost reserves the right to change the monthly payment amount and any other charges at any time.
Any chargebacks against NuvaHost will incur in a $199 USD chargeback fee.
Backups and Data Loss.
Your use of this service is at your sole risk. This service is provided to you as an addon with extra cost and using a third-party (CodeGuard). NuvaHost 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 all appropriate backup of files and data stored on NuvaHost servers. You can generate your own backups via the cPanel interface also. Take in count that after the backup creation you need to download the backup file, and proceed to remove the backup file from the server in order to avoid to incur in the violation of our terms of service regarding the file, email and storage prohibition. Due to the backup service is handled by a third-party we are not responsible for the backup of corrupted files or not working backups.
Cancellations and Refunds.
NuvaHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
We provide a 7 days money-back guarantee on WordPress hosting and Shared hosting only. For Reseller and Cloud VPS servers the 7 days money-back guarantee is NOT applicable.
There are no refunds on reseller services, cloud vps, administrative fees, addons of any kind (dedicated IPs or third-party services for example), install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for our money back guarantee. For example, if you've 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 initial 7 days, no refunds will be issued.
Violations of the Terms of Service will waive the refund policy.
The refund is applicable only to Web Hosting service (shared and WordPress hosting).
A) Resource Usage
User may not:
Use 75% or more of your max system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP scripts, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as Counter Strike, Half-Life, Battle Field, etc...
Run cron entries with intervals of less than 15 minutes.
Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").
Store backups on your account, if you need a backup provider, we suggest dropbox.com.
Store any multimedia larger than 250MB per video on your account.
Share your account with your friends and family members. Your account is for your websites only.
Store files on their NuvaHost account that is not for their website hosted at NuvaHost. (Example: Storing media files for another website).
Starter and WP Starter plans: 150,000 INODES allowed
Pro and WP Pro plans: 250,000 INODES allowed
Enterprise and WP Enterprise: 350,000 INODES allowed
Reseller: 150,000 INODES per cPanel account allowed
Cloud VPS: no INODES limit
The use of more than the inodes mentioned above may potentially result in a warning first, and if no action is taken, future suspension. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you qualify for a compensation in days at the NuvaHost discretion and this will be credited on your account. Approval of the credit is at the discretion of NuvaHost dependent upon justification provided and needs to be requested for evaluation. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact email@example.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.
Reseller: Client Responsibility.
Resellers are responsible for supporting their clients. NuvaHost does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. NuvaHost will hold any reseller responsible for any of their client’s actions that violate the law or the terms of service.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up 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 the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
NuvaHost shall not be responsible for any damages your business may suffer. NuvaHost makes no warranties of any kind, expressed or implied for services we provide. NuvaHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by NuvaHost and its employees.
Information and Customer Information.
Information provided by Customer when registering with NuvaHost will use in the form of an internal customer register. Personal data are covered. Customer hereby agrees that NuvaHost uses this information in communication between the parties in the flow chart, see Appendix 1. In case the current information provided by customer is incorrect and NuvaHost has access to correct contact information, NuvaHost has a right and an obligation to adjust current information. In case Customer has more than one user account / username at NuvaHost, NuvaHost has a right and an obligation to merge Customer's different accounts into one for administrative purposes. An administrative fee may apply.
The Customer acknowledges that Personal Data provided for registration of domain names will be publicly accessible via the Internet at the appropriate Registration Unit chosen by NuvaHost. If customer chooses not to use "Whois Privacy", the following information will be accessible: Name, Email Address, and Domain Name. For example: If the customer registers a .com domain, personal data will be present / processed at both NuvaHost and the registry holder, which in this case is .com. It is the Customer's obligation to inform affected persons in their organization of the above and to hold an authorization to handle Personal Data in the manner specified above.
NuvaHost will, upon request, only disclose personal data to the authorities rather registry.
Handling of personal data. The red thread on Apendix 1 indicates where complete personal data is sent.
For questions regarding personal data, refer to NuvaHost support.
Disclosure to Law Enforcement.
NuvaHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Change to the Terms of Service.
NuvaHost reserves the right to revise its policies at any time without notice.
All processing of personal data provided by NuvaHost is in accordance with the Data Protection Ordinance and other relevant legislation.
By agreeing to this policy, you acknowledge that we use your personal information in the following ways.
NuvaHost undertakes to only handle personal information in accordance with this policy.
When do we process your personal information?
NuvaHost processes your personal information when completing orders, registers an account, visits our site, or uses NuvaHost support services. Processing also occurs when we collect and update your registered data through third parties, such as address or credit information.
What personal data is collected?
NuvaHost collects, stores and uses only personal information that is necessary, essential and consistent with the purposes of the services. We may process the following tasks:
Name, social security number, address, telephone number, e-mail address, payment details, username, customer number, order details, order history, account information, IP address and information about your use of the NuvaHost website see separate policy).
As account holder, you can update or change your information at any time by logging in to the "Customer Zone".
Why do we process your personal data and on what legal basis?
NuvaHost deals with personal information to provide our services in an effective manner. We also do so to improve our services to you as a customer. For us to have the right to process your personal information, there must be a legal basis for the treatment. Below we explain why and for what reasons we support the processing of your personal information.
In order to fulfill the NuvaHost agreement: You must process your personal information to fulfill the agreement between us and you as a customer or account holder. For your customer, the processing is necessary for us to implement and deliver your orders, bill and assess which payment methods we can offer you, manage your cases and provide support and good customer service.
Based on your consent: NuvaHost processes personal information based on your consent. This is the case if you want to register an account holding on the "Customer Zone" or gain access to account holdings, such as saving favorites, and handling the issues and complaints more easily. We can also market and adapt offers to you or inform us about our services by post and email, SMS / MMS and web-based newsletters. By approving this policy upon registration, you agree to such processing of your personal information.
After a balance of interests: NuvaHost processes data based on a balance of interest. If you make a purchase with us, we may use your e-mail address to send out advertising and information about our services directly to you. If you oppose the processing of your personal information in this way, we will not do so in the future. We never deal with sensitive personal data based on a balance of interest.
In order to fulfill our legal obligations: NuvaHost deals with personal information to fulfill certain legal obligations. This applies, for example, to treatment that is necessary to fulfill obligations under the Accounting Act.
Automated Decision Making: NuvaHost may in some cases use automated direct marketing decisions if permitted by law or by any other constitution or if you have given your explicit consent to such treatment.
How long do we save your personal information?
NuvaHost saves only your personal data if necessary for the treatment. Personal data will be erased when they are no longer relevant for the purposes they have collected.
NuvaHost saves customer information for a maximum of 12 months after the customer last completed a purchase or otherwise interacted with NuvaHost. Name ISP saves information about account holders if there is an account registered on the "Customer Zone".
NuvaHost may save the data for longer if required to comply with legal requirements or to safeguard NuvaHost's legal interests, such as if there is a legal process going on.
NuvaHost is responsible for safeguarding your rights in accordance with the Data Protection Ordinance and other relevant legislation. This means that you are entitled to:
Access your processed personal data. This also means that you are entitled to request a digital print registry of your personal data free of charge.
Data correction. Request that we correct incorrect, incomplete or misleading information.
Get your data permanently deleted. If they are no longer necessary for the purpose they collected or when you no longer agree to the treatment. The right does not apply if there is another legal basis for the treatment or if there is a legal obligation for NuvaHost to process the personal data.
Get the processing of your personal information limited. This means that your personal information is marked so that they can only be processed for specified purposes.
Request to get your personal data.Request to get your personal data in a structured, widely used and digital format and transfer the data from NuvaHost to another personally responsible person (data portability).
Opposition to personal data processing performed based on a balance of interest. If you object to such treatment, we will only continue treatment if there is another legal basis for it.
Oppose your processing of your personal data for direct marketing. Objection to such treatment is by notification via mail to firstname.lastname@example.org. Once we receive your objection, we will discontinue treatment for such marketing purposes.
File complaints. Submit any complaint about the processing of your personal data to the supervisory authority; Data Inspection Board.
Who do we provide personal information to?
NuvaHost reserves the right to disclose personal data to a third party, such as NuvaHost’s Group companies, partners, and card and communications service providers. To ensure that we have the correct address information for you, NuvaHost may disclose personal data to companies providing address update services.
Third parties may use the information only for selling and marketing NuvaHost's services or for providing services related to the agreement that applies to a customer or account holder at NuvaHost.
NuvaHost may disclose personal information if it is necessary to comply with applicable laws, to safeguard NuvaHost's legal interests or to detect, prevent or pay attention to fraud and other security or technical issues.
NuvaHost may transfer personal data to non-EU / EEA countries, if any of NuvaHost's suppliers or affiliates are located there. If personal data is transferred in this manner, NuvaHost will take the necessary steps to ensure that personal data remain protected in accordance with the Data Protection Ordinance. NuvaHost will also ensure that personal data is transmitted legally and securely.
NuvaHost will not sell personal data to third parties without first obtaining consent to this.
Changes to the Personal Data Policy.
Technical Support Scope.
This article is to explain the level of support we offer as part of your web hosting account.
We, as your web hosting provider are responsible for providing support for the following issues:
Any sales or billing issues (upgrading, ordering new services, cancellation, paying your bill, duplicate payment issues and so on).
Technical Support Department
Any issues related to the actual control panel. This can be either the Customer Portal, cPanel (Web Hosting Control Panel), WHM (Reseller Hosting Control Panel) and SolusVM (VPS Control Panel). These questions can be anything from setting up new email accounts, adding FTP users, rebooting your VPS, re-installing your VPS and so on.
Any issues related to sending and receiving email (Unable to check your email, issues sending email to people, blacklists and so on).
Any issues related to FTP or uploading your website to your account.
Any issues related to installing scripts through our automated script installer (Softaculous).
The following issues are not part of our standard support scope:
Installing custom software or scripts (Not installed via our automated script installer).
Installing any kind of third-party plugins.
Any programming work (HTML changes, PHP, perl or any other programming language).
Fixing or modifying your script to work on your account.
Recovering your account from being compromised.
Plugin and theme configuration for WordPress, Joomla or any other third-party script.
In some cases, we give the extra mile by providing assistance with the installation of some plugins or theme for third-party scripts, but this is as a courtesy and NEVER should be taken or assumed that this is a mandatory task we have to do for you or on your behalf, the installation of any theme, plugin or any modification to your website is your sole responsibility.
If you have any question regarding the functioning of any script, plugin or theme the customer (you) need to contact with the developer of such script, plugin or theme and not NuvaHost.
The support provided by NuvaHost is limited to the server-side. We try our best to help as much as we can, however please remember that we can't understand how every script works or how to fix every script problem. If it's a common problem we've seen in the past, we'll be happy to help you with getting you back on track.
We do offer managed services support for things that fall outside of our support scope though where you will work one-on-one with our senior system administrators to get the issue resolved. Please contact our Billing department by ticket/email for a quote of this service.