1) General contract conditions
1.1 These conditions concern the hosting service offered by Nova Web via the internet. The online request for service activation and the payment of the requested amount constitute full acceptance of the conditions described in this contract. These conditions comply with the provisions of Legislative Decree 22 May 1999, n. 185 concerning the implementation of directive 97/7/EC on the protection of consumers in respect of distance contracts.
Any requests for service not established in the offer can be supplied according to methods to be defined from time to time.
1.2 The hosting service offered by Nova Web consists in maintaining a domain name. Depending on the options chosen, it will be possible to add further services concerning the maintenance of a domain name, with costs established on the basis of the additional service purchased. The customer acknowledges the fact and accepts that the execution of the service requires the use of a bandwidth shared between different users, therefore Nova Web reserves the right to limit the bandwidth available for each domain name. The customer remains entitled to verify the possibility for himself to register a domain name, both national and international, according to the laws in force.
1.3
The registration of domain names strictly respects the chronological order of the requests received upon valid proof of payment of the cost of the service. Nova Web assumes no responsibility for the activation of the domain name and any additional services.
The positive outcome of the registration request is subject to its acceptance by the competent Registrations Authorities .
If a domain name is available in the Registration databases Authorities , it may not actually be as it is already being registered, but not yet added to the database.
1.4
It remains the customer’s obligation to ensure that the domain name complies with the rules dictated by each Registration Authorities (characters allowed, maximum and minimum length, etc. )
If the customer requests the registration of an invalid domain name, the request will be refused and he will have to provide a valid domain name no later than one month after the first registration request. domain registration, under penalty of loss of the amount paid.
1.5
Nova Web is not responsible and cannot under any circumstances take charge of the resolution of disputes that arise in relation to the assignment of a domain name, as well as of any modification made by the Authorities to the registration procedures or to the related Naming rules .
1.6
In order for the domain registration or transfer procedure to be successful, the customer must provide correct and truthful data.
The customer is also required to provide all the material required for the registration of a domain name such as, for example: – in the case of a domain name transfer request. it from another MNT service provider to nova-web.eu , the customer must send the Letter of MNT modification to REG to the ccTLD Registry \’ it \’ with data identical to those provided when completing the online request form.
This letter can always be found on the site http://www.nic.it/
1.7
The backup of published data and/or e-mail is the responsibility of the customer; Nova Web does not make copies of customer data and/or mail and the total loss of such data and/or mail messages is possible in the event of breakdowns or malfunctions. Nova Web declines any responsibility for unauthorized accesses, cancellations or other on the client’s sites.
1.8
Nova Web reserves the right to modify the service and vary the conditions of the offer at any time and without notice.
2) Duration
2.1
The contract is concluded when Nova Web receives from the customer the form for requesting activation of the service accepted in all its parts together with the payment of the amount foreseen for the type of service chosen: from this moment on the contract is valid for one year o the months foreseen by the type of contract chosen by the customer.
2.2
At the expiry date set for the selected service, this contract will cease to be effective unless renewed to be carried out before the expiry date by payment of the amount envisaged at the rates applied at the time of product activation;
in this case, the contract will be renewed for a further year, except for the provisions of the following article 2.3. Nova Web reserves the right to send notices of the forthcoming termination of service to the reference e-mail boxes in the event of non-renewal. Nova Web does not assumes no responsibility in the event of unexpected expiration of the domain name, even if the service has been renewed, especially in the event of any errors in the renewal procedure.
2.3
In case of transfer of the domain to another provider / maintainer , the contract will cease its effectiveness on the date of conclusion of the transfer. Consequently to the conclusion of the transfer, the website and all the services connected to it will therefore be deactivated and the relative web space cancelled, remaining explicitly excluded any and all reimbursement by Nova Web towards the customer for the unused period. The request for transfers must be received within 30 days of the expiry of the site or of the issue of the cumulative invoice issued on average 15 days before.
3) Services offered by Nova Web
The services offered by Nova Web are distributed in the ways and under the conditions in which they are found on the date of the service activation request as well as published on the nova-web.eu website that the customer, accepting these conditions , explicitly declares to know and accept. Nova Web does not guarantee the suitability of the service for any specific function and assumes no responsibility in the event of damage caused to persons or things, either directly or indirectly.
4) Obligations of the customer
The customer undertakes: not to insert in the web space offered by Nova Web material or portions of material covered by copyright, unless explicitly consented by the owner of this copyright.
not to insert in the web space offered by Nova Web material or portions of material that could cause damage, both direct and indirect, of any nature, to people or things.
not to disclose information to third parties if they prove harmful to the image of Nova Web and the nova-web.eu site
not to insert material or portions of material in the web space offered by Nova Web that could cause a slowdown or malfunction of the server, in particular scripts and databases.a not to use the services offered by Nova Web to send advertising content to third parties.a not to carry out spamming, or the sending, by e-mail, of unauthorized, unsolicited and/or unsolicited communications requested by recipients. Nova Web reminds you that this practice is also prohibited by law 675/96 for the protection of privacy. Nova Web also underlines that it will consider the Customer responsible even if the illegal spam activity is also carried out through mail addresses other than the one purchased from Nova Web and also indirectly involves a Nova Web Service or directly the technical structure of Nova Web (for example: unauthorized promotion of a website hosted by Nova Web). Nova Web reserves the right to immediately suspend the Service if, in its unquestionable judgment or through third party notification, it deems that the Customer carries out activities in violation of the obligations provided for in this article. In this case, the Customer, following notification also via e-mail from Nova Web, must immediately eliminate the causes of the dispute or provide suitable documentation proving full compliance with the current legislation of the activity he carries out. In case of no immediate response Nova Web will have the right to immediately terminate the contract and suspend the provision of services. To take note of the following Rules of conduct for live chat assistance: That is, there are no official rules of conduct , if not those dictated by common sense. In chat there is no need to be offensive or vulgar. Insults, swear words, threats, messages of an erotic nature, or any type of inappropriate behavior are not welcome. Always remember that you are not anonymous in the chat and that, following a complaint, the telematic authorities, with our help, can trace your identity at any time. This rule is also extended and applied to Nicknames (the name you register with) and these are not allowed if they are offensive, vulgar or if they violate any rule.
The Technical Operators who have access to the live chat are authorized to use, at their discretion, the means they deem necessary to enforce the regulation presented here. The Chat Server itself is programmed to intervene in the event that some user violates the Regulation.
Possible measures could include that a user is disconnected (\’kick\’) from the Chat or that he/she is barred (\’bannato\’) from accessing the Chat and website pages indefinitely. This action will then be reported to the Nova Web Administration with the relative transcript of the chat. The Administration ‘s judgment is in any case unquestionable and the expulsion/interdiction can be applied even without the relative communication
. In the event of crimes such as defamation, insult and the like, Nova Web will report the culprits and their incorrect behavior to the judicial authorities. It is also forbidden to: Run any bit torrent application , tracker, or client. The customer can connect to legal torrents off-site, but cannot host or store on our shared servers. Participate in any file-sharing/peer-to-peer activity. Run any game server, such as Counter-Strike, half-life, battlefield1942, etc chron Run with intervals of less than 15 minutes. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of including (\’http://yourdomain.com/include.php \ ‘) use (\’ include.php \’)
While our shared services are suitable for most of our customers, there comes a time for some websites where they need a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to terminate service to any customer with a website or other hosted data that consumes more than 10% of server resources and/or 10% of server CPU. This means that if your website is found to be using more than 10% of the service’s CPU and memory, we reserve the right to take the website offline. If this becomes necessary, you can upgrade your hosting package, or request a pro-rata refund of the amounts you paid upfront for services. Due to the severity of this, and our obligation to act quickly to resolve these situations to avoid server problems, we will reasonably endeavor to provide you with notice before taking this site offline, but we accept no obligation to do so.
Using more than 50,000 inodes on any shared account can potentially result in suspension. Accounts found to exceed the 50,000 inode limit will automatically be removed from our backup system to avoid overusage . Each file (a web page, image file, email, etc ) on your account uses up one inode . Sites that slightly exceed our inode limits are unlikely to be suspended, however, accounts that consistently create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system corruption may be flagged for review and/or suspension.
In case of violation of one or more of the aforementioned obligations, Nova Web will have the right to cancel any unauthorized material entered and to suspend the service immediately and without notice, also reserving the right to terminate the contract and to withhold the sums paid by the customer as a penalty, except for compensation for greater damages.
The customer also acknowledges the fact and accepts that in the event of a dispute with third parties regarding the registered domain name or the content of the website, Nova Web reserves the right to suspend the service pending the resolution of the dispute, remaining explicitly excluded any and all reimbursement or indemnity or liability of Nova Web for the customer’s failure to use the services offered by Nova Web during the suspension period.
4.2
The customer acknowledges the fact and accepts that the registration of the domain name involves entering the customer\’s personal data in a publicly accessible register; the customer therefore guarantees that the personal data provided to Nova Web for the complete execution of the contract are correct, updated and truthful.
However, if the customer, following a specific request from Nova Web, does not provide adequate proof of his identity, his domicile or residence or, where appropriate, his capacity as legal representative, Nova Web reserves the right to refuse the request for registration as well as , in the event that the domain has already been registered, to immediately suspend the service (including any additional services) and/or terminate the contract, withholding and collecting the sums paid by the customer as a penalty, subject to compensation for greater damages .
The customer is required to promptly communicate any change to the personal data disclosed when subscribing to the hosting service offered by Nova Web, in the absence of the aforementioned communication, Nova Web reserves the right to suspend, with immediate effect, the service.
4.3
Nova Web and the customer mutually undertake to guarantee that they and their respective employees will treat as confidential any data or information known or managed in relation to the activities for the execution of the service provided by Nova Web via the Internet.
4.4
Some services are purchased by Nova Web through its suppliers, the customer cannot have any kind of relationship with Nova Web’s suppliers under penalty of immediate deactivation of all services, termination of the contract and without prejudice to compensation for greater damages, remaining expressly excluded any and all reimbursement or indemnity or liability of Nova Web for failure to use the services offered by Nova Web by the customer for this reason.
5) Resolution
5.1
This contract is automatically terminated by authorizing Nova Web to interrupt the service without notice if the customer: a) transfers all or part of the contract to third parties, without the prior written consent of Nova Webb) fails to pay the fixed amount; c) acts or presents itself as an agent of Nova Web; d) is admitted to bankruptcy proceedings; e) uses the services in ways other than those communicated to Nova Web via the internet, or e-mail. In such cases Nova Web will have the right to withhold and collect the sums paid by the customer as a penalty, subject to compensation for greater damages.
5.2
In the event of illegitimate cancellation, withdrawal or termination by the customer, Nova Web is authorized to withhold and collect the sums paid by the customer as a penalty, except for compensation for greater damages, renewal must be made at least 30 days before .
5.3
Payments and Refunds. As consideration for the products and / or services purchased by you and provided by Nova Web, you agree to pay Nova Web at the time of ordering. All fees are payable immediately and are non-refundable unless otherwise indicated, even if the service is suspended, canceled or transferred before the end of the service term. Nova Web expressly reserves the right to change prices through email notification and/or notice on its website. You can receive a refund at any time of our hosting services . Refunds do not apply to domain registrations, dedicated IP addresses, or related domain registration fees. It is possible to request a refund in cash or in user credit.
5.4
Billing. If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the products or services. If that date falls after the 28th of the month, then your billing date will be the 28th of each month. If you have registered for one year (or more) and have chosen the automatic renewal option, Nova Web will automatically renew the services and request payment according to the payment method designated at the rates accepted at the time of subscription. If for any reason Nova Web is unable to charge your account for the full amount due for the products and / or services provided, or if Nova Web pays a penalty for any rights of precedence these are your responsibility. You agree that Nova Web can exercise all available options in order to obtain payment. If you pay by credit card and, if for any reason Nova Web is unable to charge your credit card for the total amount of services provided, or if Nova Web repays for any commission previously charged to your credit card that you have provided, you agree that Nova Web may pursue all available remedies, in order to obtain payment. The user agrees that Nova Web may pursue following a non-payment, including, but not limited to the immediate cancellation and without notice of any domain names or products and / or services registered or renewed in your name. Nova Web reserves the right to charge a reasonable administrative fee for administrative activities outside the normal services, including additional costs that may be incurred in providing the services and share these costs with you.
5.5
Indemnification. We therefore declare for you and all your heirs, personal representatives, predecessors, successors and assigns, to fully discharge Nova Web to release, remit, and in perpetuity and all affiliates of Nova Web, and all officers, agents, employees and representatives of Nova Web, and all their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, bonds, demands, causes of action, disputes, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any omission in action, misrepresentation or other basis of liability whether established in tort or in contract and duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or arising out of, the products and services and your acquisition and use thereof, including, but not limited to, the provision of Nova Web products and/or services by Nova Web and its agents and employees. Furthermore, the user agrees to defend, indemnify and hold Nova Web harmless from any loss, liability, damage or expense, including legal fees, deriving from any violation of any representation or guarantee contained in the Contract, any negligence or willful misconduct on the yours, or any allegation that your account infringes a third person\’s copyright, trademark or proprietary right or intellectual property, trade secret, or misappropriates a third person. This indemnity is in addition to any claims you may have elsewhere. Should Nova Web be notified of a pending lawsuit, or receive notice of filing a lawsuit, Nova Web may request written confirmation from you about your obligation to defend, indemnify Nova Web. Your failure to provide such confirmation may be considered a violation of this agreement. The user accepts that Nova Web has the right to participate in the defense of any claim, such as through a lawyer of his choice. The user agrees to notify Nova Web of such claim promptly in writing and to allow Nova Web to control the proceeding. The user undertakes to fully cooperate with Nova Web during this process.
6) Responsibility 6.1
Nova Web declines any responsibility both towards its customers and towards third parties for delays, malfunctioning, suspension and/or interruption in the provision of services caused by:
a) force majeure; b) malfunctioning or non-compliance of the connection devices with which the customer is equipped.
6.2
Nova Web reminds the customer that the use of the services provided in collaboration with other infrastructures (national and international) is limited by the boundaries and by the rules established by the managers of the same services, as well as by the legislation in force in the countries hosting these services and by international ones on the subject.
Nova Web also reminds the customer that there are always possible technical interruptions of the services due to breakdowns and malfunctions of the machines and software, whether owned by Nova Web or by its suppliers. In this case the customer will have nothing to claim as compensation. Clients are explicitly invited not to use the services for actions that could cause economic damage to the client. The very nature of internet services does not allow us to give any guarantee on the accessibility of websites from all over the world and on the delivery and receipt of mail messages, much less guarantee the privacy of mail messages.
6.3
In the event of failure to renew the domain name registration for reasons attributable to Nova Web, the customer is aware and agrees to waive any claim and/or request for damages, the same applies to failure to register, transfer, change mnt , change admin-c, and any related services.
7) Fees
7.1 At the same time as the conclusion of the contract, the customer undertakes to pay Nova Web the fixed amount for the requested service and any other legal charges if not already included in the price. The customer will not be able to assert rights or raise objections of any kind if he has not first made the payments envisaged by this contract.
8) Applicable Law
8.1 Jurisdiction: The relations between Nova Web and the User, as well as these General Conditions are governed by Czech law. For any dispute relating to these General Conditions (interpretation, execution, resolution, etc.) the Court will be competent of Brno. In the event that Nova Web does not exercise its rights or the legal actions it benefits from, this will not constitute a waiver of the same, which will always be available. If the Court competent for the matter and jurisdiction deems the invalidity of one of the above General Conditions of Use, this will be eliminated from the contract, while the remaining Conditions will remain in force.
9) Final provisions
9.1 No modification or note not expressly contained in this contract, unless specifically approved in writing by the parties, will be effective.
Specific acceptance of vexatious clauses
The following clauses are expressly approved, after having carefully read them:
1) Conditions
2) Duration 3) Services offered by Nova Web 4) Customer obligations 5) Termination 6) Liability 7) Fees 8) Applicable law 9) Final provisions
Form of consent to the processing of personal data
I agree to the processing of my personal data according to the provisions of the art. 13 of Legislative Decree 196/2003
In order to receive written confirmation of the information displayed, pursuant to article 4, paragraph 1 of Legislative Decree 185/99, the customer is required to print or save on computer support this page.
