1) General terms and conditions
These conditions concern the hosting service offered by Nova Web through the Internet.
The on-line request for activation of the service and payment of the requested amount constitute the full acceptance of the conditions described in this contract. These conditions comply with the provisions of Legislative Decree 22 May 1999, n. 185 on the implementation of Directive 97/7 / EC on the protection of consumers in respect of distance contracts.
Any service requests not established in the offer may be provided in a manner to be defined from time to time.
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 regarding the maintenance of a domain name, with costs established according to the additional service purchased.
The customer acknowledges the fact and agrees that for the execution of the service it is necessary to use a band shared among different users, therefore Nova Web reserves the right to limit the bandwidth available for each domain name.
The client is entitled to verify the possibility for himself to register a domain name, both national and international, according to the laws in force.
The registration of domain names strictly respects the chronological order of the requests received after valid proof of payment of the service cost.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 Registration Authorities.
If a domain name is available in the Registration Authorities databases, it may not actually be as it is already registered, but not yet added to the database.
It is the customer’s obligation to ensure that the domain name complies with the rules dictated by each Registration Authorities (permitted characters, maximum and minimum length, ect.)
If the customer requests the registration of an invalid domain name, the request will be refused and must provide the name of a valid domain no later than one month of the first domain registration request, otherwise the sum paid will be lost.
Nova Web is not responsible and can not under any circumstances be responsible for the resolution of disputes arising from the assignment of a domain name, as well as any changes made by the Authorities to the registration procedures or the related Naming rules.
In order for the registration or domain 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:
– in case of request for transfer of a .it domain name from another MNT service provider to nova-web.eu, the customer must send the MNT Change Letter to REG to the ccTLD \ ‘it \’ Registry with data identical to those provided when completing the online application form.
This letter is always on the site http://www.nic.it/
It is up to the customer to back up the published data and / or e-mail; Nova Web does not make copies of Customer and / or mail data and it is also possible to completely lose such data and / or mail messages in case of faults or malfunctions. Nova Web declines all responsibility for unauthorized access, deletions or other things on customer sites.
Nova Web reserves the right to modify the service and change the conditions of the offer at any time and without notice.
The contract is concluded when Nova Web receives from the customer the form for the request for activation of the service accepted in its entirety together with the payment of the fee provided for the type of service chosen: from this moment the contract is valid for one year or months provided by the type of contract chosen by the customer.
At the expiry date set for the selected service, this contract will cease to be effective unless renewed before the deadline by payment of the fee provided for the tariffs applied upon activation of the product;
in this case the contract will be renewed for a further year, except for what is provided for by the following article 2.3.
Nova Web reserves the right to send to the reference e-mail boxes the notices of the next termination service in case of non-renewal.
Nova Web does not assume any responsibility in case of unexpected expiration of the domain name, even if the renewal of the service has been carried out, especially in the event of any errors in the renewal procedure.
In case of transfer of the domain to another provider / maintainer, the contract will cease to be effective on the date the transfer is completed. Consequently to the conclusion of the transfer the web site and all the services connected to it will therefore be deactivated and the relative web-linked space, explicitly excluded any and every reimbursement by Nova Web towards the customer for the period not used.
3) Services offered by Nova Web
The services offered by Nova Web are distributed in the ways and conditions in which they are found on the date of the request for activation of the service as published on the nova-web.eu site 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 to persons or property, either directly or indirectly.
4) Customer’s obligations
The customer undertakes:
not to insert material or portions of material covered by copyright into the web space offered by Nova Web, except with the explicit consent of 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, either direct or indirect, of any nature, to people or things.
not to disclose information to third parties if they are harmful on the image of Nova Web and nova-web.eu
not to insert in the web space offered by Nova Web material or portions of material that could cause a slowdown or malfunction of the server, in particular scripts and databases.
not to use the services offered by Nova Web to send advertising content to third parties.
not to carry out spamming, or the sending, by e-mail, of unauthorized communications, not requested and / or solicited by the recipients. Nova Web reminds that this practice is also prohibited by law 675/96 to protect privacy. Furthermore, Nova Web emphasizes that it will consider the Customer accountable even if the illegal activity of spam is also carried out through e-mail addresses other than those purchased by Nova Web and also indirectly involves a Nova Web Service or directly the Nova technical structure. Web (for example: unauthorized promotion of a website hosted by Nova Web).
Nova Web reserves the right to immediately suspend the Service if, at its own unquestionable judgment or through third party reporting, it deems that the Customer performs activities that violate the obligations set forth in this article. In this case, the Customer, following a report also by e-mail from Nova Web, must immediately eliminate the causes of the dispute or provide appropriate documentation proving full compliance with the regulations in force of the activity carried out by him. In case of failure to immediately reply, 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 support: That is, there are no official rules of conduct, other than those dictated by common sense. In chat you do not need to be offensive or vulgar. Insults, bad words, threats, messages of an erotic nature, or any kind of unsuitable behavior are not welcome. Always remember that in the chat you are not anonymous and that, following a complaint, the telematic authorities, with our help, can trace you at any time. This rule is extended and applied also to Nicknames (the name with which you register) and these are not allowed if offensive, vulgar or if they should violate any rule.
Technical Operators who have access to live chat are enabled to use, at their discretion, the means they deem necessary to enforce the regulation presented here. The same Chat Server is programmed to intervene in the event that some users violate the Rules.
Among the possible measures could occur that a user is disconnected (\ ‘kick \’) from Chat or that it is forbidden (\ ‘banned \’) access indefinitely in Chat and on the pages of the website. This action will then be reported to the Nova Web Administration with the relative transcript of the chat, the judgment of the Administration is in any case unquestionable and the expulsion / ban can be applied even without communication.
In the case of crimes such as defamation, insult and similar Nova Web will report to the judicial authorities the perpetrators and their incorrect behavior.
It is also forbidden: Run any bit torrent application, tracker, or client. The client can connect to legal off-site torrents, but can not host or store on our shared servers. Participate in any file-sharing / peer-to-peer activity. Run any game server, like Counter-Strike, Half-life, Battlefield1942, etc. Run cron with intervals of less than 15 minutes. When using PHP includes features 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, a time comes for some websites where they need a larger plan, which allows more dedicated CPUs and memory resources. We reserve the right, in our sole discretion, to discontinue the service to all customers with a website or other hosted data that absorbs more than 10% of the server’s resources and / or 10% of the server’s CPU. This means that if your website is to use more than 10% of the CPU and memory of the service, we reserve the right to put the website offline. If this becomes necessary, you can update your hosting package, or request a pro-rata refund of the amounts you have paid in advance for the services. Due to the severity of this, and in any case our obligation to act quickly to resolve these situations to avoid server problems, we will reasonably do our best to provide a warning before placing the site offline, but we do not accept any obligation to do so.
Using more than 50,000 inodes on any shared account can potentially result in suspension. Accounts that result in exceeding the 50,000 inode limit will be automatically removed from our backup system to avoid overusage. Each file (a web page, image file, email, etc.) on your account uses on an inode. Sites that slightly exceed our inode limits are unlikely to be suspended, however, accounts that consistently create and delete a large number of files on a regular basis, have hundreds of thousands of files, or cause damage to the file system can be flagged for review and / or suspension.
In case of violation of one or more of the aforesaid obligations, Nova Web will have the right to cancel any unauthorized material entered and to suspend immediately and without notice the service, reserving also the right to terminate the contract and to retain the sums paid by the customer as a penalty, except for compensation for the greater damage.
The customer also acknowledges the fact and agrees that in case of 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 resolution of the dispute, remaining explicitly excluded any and all reimbursement or indemnity or responsibility of Nova Web for the non-use of the services offered by Nova Web by the customer during the suspension period.
The customer acknowledges the fact and accepts that the registration of the domain name entails the insertion of the customer’s personal data into 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, up to date and truthful.
However, if the customer, following a specific request by Nova Web, does not provide adequate evidence of his identity, his domicile or residence or, where appropriate, his status as a legal representative, Nova Web reserves the right to refuse the request for registration and, if the domain has already been registered, to immediately suspend the service (including any additional services) and / or terminate the contract, withholding and collecting the amounts paid by the customer as a penalty, except for compensation for the greater damage .
The customer is obliged to promptly communicate any change to the personal data disclosed to the signing of the hosting service offered by Nova Web, in default of the aforementioned communication, Nova Web reserves the right to suspend, with immediate effect, the service.
Nova Web and the client engage in a mutual way to ensure 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 through the Internet.
Some services are purchased from Nova Web through its suppliers, the customer can not have any kind of relationship with the Nova Web suppliers penalty for the immediate deactivation of all services, the termination of the contract and save the compensation for the greater damage, remaining explicitly excluding any and all reimbursement or indemnity or responsibility of Nova Web for the failure to use the services offered by Nova Web by the customer for this reason.
This contract resolves automatically by authorizing Nova Web to discontinue the service without notice if the customer:
a) transfer all or part of the contract to third parties without the prior written consent of Nova Web
b) fails to pay the fee fixed;
c) act or present as a Nova Web agent;
d) is admitted to a bankruptcy procedure;
e) use the services in different ways 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, with the exception of compensation for greater damages.
In case of cancellation, termination or illegitimate 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 the greater damage, renewal must be made at least 30 days in advance.
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 rates are immediately payable and are not refundable unless otherwise indicated, even if the service is suspended, canceled or transferred before the end of the service expires. Nova Web expressly reserves the right to change prices through notification via email and / or notice on its website. You can receive a refund at any time of our hosting services. Refunds do not apply to domain registration, dedicated IP addresses, or related domain registration fees. You can request a refund in money or in user credit.
Billing. If you have signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month the user purchases the products or services. If this date falls after the 28th of the month, then your billing date will be 28th of each month. If you have registered for a 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 not able 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 at your expense. You agree that Nova Web may exercise all the 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, you have provided, you agree that Nova Web may pursue all remedies available in order to obtain payment. You agree that Nova Web may prosecute following an unpaid payment, including, but not limited to, immediate and unannounced cancellation of any domain names or products and / or services registered or renewed in your name. Nova Web reserves the right to collect a reasonable administrative fee for administrative activities outside of normal services, including any additional costs that may incur in providing the services and sharing these costs together with you.
Indemnification. We declare accordingly for you and all your heirs, personal representatives, predecessors, successors and assignees, to completely absolve Nova Web to releases, remise, and forever and all Nova Web affiliates, and all officers, agents, employees and representatives of Nova Web, and all their heirs, personal representatives, predecessors, successors and assignees, for, from and against any claim, constraints, requests, cause of action, disputes, offsets, obligations, losses, damages and liabilities of any kind and character whatsoever, including, but not limited to, any omission of action, false statements or other basis of liability founded either wrongly or contracted and the functions deriving therefrom, whether known or unknown, related or arising from, or in any way connected or arising from, the products and services and your acquisition and use thereof, including, but not limited to, the supply of Nova Web products and / or services from Nova Web art and its agents and employees. In addition, the user agrees to defend, hold harmless and hold Nova Web harmless from any loss, liability, damage or expense, including legal fees, arising from any breach of any statement or warranty contained in the Contract, any negligence or willful misconduct your, or any charge that your account infringes a third party’s copyright, trademark or right of property or intellectual property, trade secrets or improperly acquires a third person. This indemnity is in addition to any compensation claim is elsewhere. Nova Web should be advised of an ongoing lawsuit, or receive notice of filing a lawsuit, Nova Web may request a written confirmation from you on 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, as through a lawyer of his choice. The user undertakes to notify Nova Web of such claim promptly in writing and to allow Nova Web to control the proceeding. The user undertakes to cooperate fully with Nova Web during this process.
6) Responsibility \ ‘
Nova Web declines any responsibility both to its customers and to 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.
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 rules established by the managers of the same services, as well as by the laws in force in the countries hosting these services and those international organizations.
Nova Web also reminds the customer that technical interruptions of services due to faults and malfunctions of the machines and software are still possible, whether they are owned by Nova Web or its suppliers. In this case the customer will have nothing to claim as compensation. An explicit invitation is made to customers not to use services for actions that can cause economic damage to the customer. The very nature of internet services does not allow us to give any guarantee on the reachability of websites from all over the world and the delivery and receipt of email messages, nor to guarantee the privacy of email messages.
In case of non-renewal of the domain name registration for causes to be charged to Nova Web, the customer is aware and agrees to renounce any claim and / or claim for damages, the same applies to the failure to register, transfer, change mnt, change admin-c, and any related services.
At the conclusion of the contract, the customer undertakes to pay Nova Web the amount fixed for the service requested and any other charges that are always required by law if not already included in the price. The customer will not be able to assert any rights or raise exceptions of any kind if he / she has not previously performed the payments foreseen by the present contract.
8) Applicable Law
Place of jurisdiction: The relationship 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 of Brno will have jurisdiction. in which Nova Web does not exercise its rights or the legal actions it benefits from, this will not include a waiver of the same, which will always be available. If the Court having jurisdiction over matters and jurisdiction recognizes the invalidity of one of the above-mentioned General Conditions of Use, this will be eliminated from the contract, while the remaining Conditions will remain in force.
9) Final provisions
No modification or postillion not expressly contained in this contract, unless it is specifically approved in writing by the parties, will be effective.
Specific acceptance of unfair terms
The following clauses are expressly approved after having carefully examined the following clauses:
3) Services offered by Nova Web
4) Customer’s obligations
8) Applicable Law
9) Final provisions
Consent formula for the processing of personal data
I consent to the processing of my personal data according to the provisions of art. 13 of Legislative Decree no. 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 obliged to print or save this page on an electronic medium.