Terms & Conditions

General Terms of Service
The Terms of Service are an agreement between Nuova Soft, a company headquartered in India and “You” (the users). This agreement outlines the general terms and conditions governing the use of the products and services made available by Nuovasoft (collectively known as the “Services”). Your use of the Services constitutes acceptance of this Agreement. If you do not consent to these terms, you are not permitted to use or access the Services. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned by Nuova Soft. Nuova Soft reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when Nuova Soft decides that the account has been inappropriately used.

The English version of this TOS document is the sole authentic version. Any translated version of this document might be only provided for your convenience for reading and understanding the English version. These translations are not legally authentic and cannot replace the authority of the English version. In cases of dispute or conflict, the legal agreements and policies in English hold precedence.

1. General Rules of Conduct
As a user of Nuova Soft’s services, you acknowledge that:

• Your use of Nuova Soft’s website and services including any content that you contribute will comply with this TOS agreement, any other Service Agreement or policy that might be applicable to your services along with all the applicable local, state, national and international laws and rules.
• You are not allowed to collect or allow anyone to collect any user content or any personal or non-public information about any other user without their prior written consent.
• You will not use the Nuova Soft websites or services in a way that:

Is illegal or promotes illegal activity.
Encourages or engages in child exploitation or any other activity related to CASM.
Encourages or engages in violence against children, animals, property or terrorism.
Encourages or engages in any spam activity, unsolicited bulk email sending, computer or network breaching or hacking.
Encourages or facilitates prostitution or sex trafficking.
Violates the intellectual property rights of another user or entity.
Breaches the privacy or publicity rights of another user or entity, or violates any confidentiality obligations you have towards them.
Disrupts the functioning of the Nuova Soft website or the services offered on it.
Introduces viruses, worms, bugs, Trojan horses, or any other harmful code or programs designed to disrupt, damage, or limit the functionality of software or hardware.
Includes false or misleading information, or claims about Nuova Soft or its services that cannot be proven or compared accurately.
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites that provides "links to" or "how to" information about such material.
Involvement in Topsites, Ponzi or pyramid schemes, prime bank programs, spam bots, gambling, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts is prohibited.

Sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events.

• Nuova Soft reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.
• You must refrain from engaging in any deceitful or harmful behaviour. You must also avoid actions that could unreasonably strain or burden our infrastructure, as determined by us.
• You are not permitted to reproduce or distribute any portion of this website in any form without explicit permission from Nuova Soft.
• You are prohibited from making any changes to this website or the services it offers, including any related technologies.
• You must only access Nuova Soft Content or user content through this Site or as directed by Nuova Soft.
• You are not allowed to resell or offer the Services for commercial use, including any of Nuova Soft's associated technologies, without Nuova Soft's written consent.
• You must not bypass, deactivate, or disrupt the security features of this website or its services (including features that prevent or limit the use or copying of Nuova Soft Content or User Content), or enforce any restrictions on the use of this website or its services, the Nuova Soft Content, or the User Content contained therein.
• You must not host, display, upload, modify, publish, transmit, store, update, or share any information that violates any rules or guidelines of Nuova Soft. If you fail to comply with Nuova Soft’s rules, regulations, privacy policies, or user agreements regarding the use of any computer resource, Nuova Soft reserves the right to immediately terminate access or usage rights to the computer resource, or remove non-compliant information, or both, as deemed appropriate.
• You consent to furnish government-issued photo identification and/or government-issued business identification for identity verification upon request.
• You must acknowledge that Nuova Soft may occasionally call you regarding your account. For such calls, you understand that your conversations may be recorded, and you hereby give your consent for this recording, subject to applicable laws, restrictions, and obligations. This includes the possibility of recording calls without explicit consent on each occasion. You also agree that such recordings may be used as evidence in legal proceedings involving Nuova Soft.
• By providing your phone or mobile number, you agree to receive marketing calls from Nuova Soft, which may be automated or use pre-recorded messages. Your consent for these calls is not a requirement for purchasing any products or services from Nuova Soft. Similarly, by providing your mobile number, you consent to receive marketing text messages from Nuova Soft, which may also be automated. Standard message and data rates may apply.
• In addition to the rights outlined elsewhere in this Agreement, Nuova Soft explicitly retains the right to refuse, cancel, terminate, suspend, or restrict future access to this Site or any Services (including, but not limited to, the right to cancel or transfer any domain name registration) for any User:

Whose Account or Services were previously terminated or suspended, whether due to violation of this or any other Agreement or any Nuova Soft policy.

• Who has engaged in inappropriate or unlawful activity while using the Site or Services (as determined solely by Nuova Soft).
• If any purchases or account actions appear fraudulent, abusive, or suspicious, Nuova Soft has the right to cancel associated services and close relevant Nuova Soft accounts linked to your name, email address, or account. If Nuova Soft, at its discretion, deems any activity fraudulent, it reserves the right to pursue legal action, and you may be responsible for reimbursing Nuova Soft for any losses, including legal expenses and damages. To dispute service cancellations or account freezes or closures, please reach out to Nuova Soft customer care.
• You certify that by purchasing any of our products from this website that you are 18 years or older.

In compliance with DMCA act, Nuova Soft has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to abuse@Nuova Soft.com. 2. Abuse Of Resources

• Any attempts to compromise or actual compromise of a network device belonging to Nuova Soft or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• Distributed Denial of Service (DDoS) attacks directed at Nuova Soft, or any attempts to launch a Distributed Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
• The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
• Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund.
• Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms (i.e., upgrade). Although we offer 99.9% uptime we cannot fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
• If any client is in any way disrespectful towards any member of the Nuova Soft staff we have the complete right to remove them from our services without any refund. 3. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
• Use of our services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.
• Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations.
• If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
• Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $250 USD will be charged to your account.
• The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $750 USD. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
• We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
• We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
• Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is strictly prohibited and will qualify your site for immediate deactivation with no refund. Nuova Soft would be the sole arbiter as to what constitutes a violation of this provision.
• In order to ensure that our servers give us optimum performance we have set limits on the number of outgoing mails that can be sent per domain per hour. The defined numbers here are the maximum limit of the highest plan of that service, if you choose a lower plan the number of outgoing emails limit may vary. Shared customers would be allowed to send up to 100 outgoing mails per hour, reseller users up to 25 mails per hour while VPS/cloud customers would be able to send 1000 outgoing mails every hour. Customers having dedicated servers may send 2000 mails per hour.
• We do not guarantee Inbox email delivery with any of our hosting plans. If your emails are not delivered as planned, our services are not accountable in this case. 4. Transfers/Migrations
• We provide a free migration service to assist in transferring your website from your previous provider to ours. As the owner of the website, you understand its intricacies better than anyone else, and while we will make every possible effort to migrate your site files and data, it remains your responsibility to ensure suitable access for data retrieval and to verify the successful migration of the website. We aim to complete website migrations within 72 hours, however, we cannot guarantee specific timeframes. Additionally, we may be able to migrate emails, DNS records, and domain names in some cases, but we cannot guarantee uninterrupted or successful migration of these elements.
• The configuration of each hosting company varies, and data may be stored in incompatible or proprietary formats, making migration difficult or impossible in some cases.
• The complimentary transfer service is valid for thirty (30) days from your sign-up date. For transfers beyond this period, charges may apply; please contact our Transfers/migration department by raising a ticket. Nuova Soft cannot be held responsible for any lost or missing data during transfers to or from our service. It is your responsibility to back up your data in all situations.
• Free migration services are not available for un-managed hosting. If migration assistance is required, additional charges will be applicable.
• For both managed and un-managed hosting services, migration charges will be applicable if the control panel differs or if the migration is done manually. 5. Bandwidth Regulations

If the customer’s account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.

Unmetered Bandwidth
We do not set a limit on the amount of bandwidth that you may use in the normal operation or a personal or a small business website provided it complies with this agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing.

Unacceptable Resource Usage
The rules mentioned below are applicable only for the shared, reseller and cloud hosting plans.

• The storage space on the hosting server can only be utilized for hosting websites and applications.
• This space should not be used for storing unwanted files that are not in use for your websites and applications.
• This space should not be used for files that can be stored on your local machine, saving website backup, FTP host or for demo purposes.
• Run cron entries with intervals of less than fifteen (15) minutes.
• Run any MySQL queries longer than thirty (30) seconds.
• Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
• The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB.We hold the right to inspect every account for extra utilization of disk space, CPU and other resources that may violate this Agreement or the AUP. 8. Reseller Hosting Terms and Client Responsibility
• Using a shared hosting account to resell web hosting to others is not allowed. You must sign up for a reseller hosting plan if you want to become our reseller.
• Resellers must assure that each of its clients, follow this Agreement.
• Resellers are completely responsible for supporting their clients including customer service, billing and technical support. We are not liable to provide support to Reseller Users. Any assistance needed for the client's issue must be reported by the reseller on the user's behalf.
• Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their users. We may hold any reseller responsible for any activity from their client's account that violates the law or this Agreement.
• The Company shall not be kept liable for the acts or omissions of our resellers. The reseller hereby promises to indemnify the Company to and against any and all claims brought by any Customer resulting from the actions or omissions of the reseller.
• The Company retains the right to review our Reseller plan anytime necessary. Changes shall take place as posted publicly or at any later date as the Company can designate. 9. Nuova Soft as a Reseller or a Sub-licensor
• We may use certain third-party services, hardware, software and equipment and use it as a reseller or sub-licensor.
• We are not liable for any modifications to the services that cause any resold products to become outdated, including improvements or adjustments that otherwise influence the output of the services.
• Any failure or defects of resold services, whether sold, sub-licensed, or given to you by us, shall not be considered to be a violation of the Company's obligations under this Agreement.
• Any rights or suggestion you may have concerning the possession, licensing, performance, or infringement of any Resold Product shall be limited to those rights which the manufacturer of such Resold Product extends to you.
• You are qualified to use any Resold Product that we provide only concerning your use of the Services as permitted under this Agreement.
• No attempt shall be made to clone, change, reverse engineer, or tamper with or use any Resold Product other than in connection with the Services. 10. Account Details

To access our services, you'll have to create an Account. A username and password may be assigned to you upon placing your order, but we reserve the right to modify them. Any changes will be communicated to you through Nuova Soft official email ID. By setting up and using your Account, you confirm that all provided information is truthful, accurate, and complete. You're responsible for all activities on your account, whether authorized by you or not, so it's crucial to keep your login details secure. Please inform us immediately of any unauthorized account use or security breaches.

Domain Registration

• We cannot guarantee the availability of a specific domain name requested for registration by you (Domain). The Domain will always be registered in or transferred into your name. You should manage your Domain's WHOIS data through your Nuova Soft client area. It is important to ensure that all information is accurate. If your contact data is not kept up to date and cannot be verified, your domain may be taken offline. For optimal service, we reserve the right to change the registrar of a domain at our discretion and without a prior notice.
• For all relevant gTLDs, you consent to our role as a Designated Agent, in line with ICANN’s Transfer Policy whenever a request is made to update the registrant contact details linked to a Domain. Accordingly, you authorize us to approve a change of registrant or any alteration to the registrant’s details on your behalf.
• No refund is applicable once the domain is registered.

Domain Infringement
You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: Flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in

Domain Renewal
We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.

Free Domain Offer
Free domain is offered on the highest shared hosting plan and all the cloud hosting plans. Note that the domain name is free only for the first year and the domain renewal charges are applicable from the second year. This policy applies to selected domain extensions and is subject to change. We reserve the right to approve or decline free registrations or transfers at our discretion. Additional charges apply to extensions not covered by this offer. Any fee adjustments for alternative extensions must be pre-approved by us. The initial registration period is one year, with subsequent renewals subject to our standard renewal rates.

Free Hosting Offer

• Customers signing up for shared/reseller/cloud hosting for 3 years will receive 3 months of free hosting.
• Customers signing up for VPS hosting (selected plans only) for 2 years will receive 1 month of free hosting.
• Offer not applicable if any additional discount or coupon code is used.
• Eligible hosting plans are determined by Nuova Soft and may change without prior notice.

Backup Policy

• Your use of the hosting services is at your sole risk. You agree to backup all of your content so that you can access and use it when needed. Nuova Soft does not warrant that it takes the backup of any account or user content, and you agree to accept as a risk the loss of any and all of your user content.
• You as a Nuova Soft user agree that in no case, Nuova Soft can be held responsible for the loss of data in any circumstances.
• Daily backups are included with the shared, cloud and reseller hosting plans. For these clients,we take daily backup of database with a retention period of 7 days. Website backup are taken weekly with retention period of 1 day. Any backup copy maintained by Nuova Soft will not have any emails or media file included in it.
• We strongly recommend clients to consider our paid backup solutions for VPS and Dedicated Servers.
• Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

Service Uptime
We strive for a service uptime of 99.9%, with exceptions for planned or emergency server maintenance or circumstances beyond our reasonable control. We'll inform all customers about planned maintenance well in advance through email. If your server encounters an issue, a qualified engineer will address it within 30 minutes of notification. Should the issue persist beyond 30 minutes, you'll be promptly informed, receiving details of the problem and an estimated resolution time. Notifications may be sent to your registered email addresses.

Uptime Guarantee Terms

• Any service interruptions or downtime due to scheduled maintenance by Nuova Soft or our network providers will not count towards the uptime guarantee.
• Nuova Soft is not liable in any way for failure of third party services.
• Nuova Soft will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.

Reasons why we may suspend or disable your services

• For dealing with technical problems or making any technical changes. You will be intimated before the account gets inactive.
• For updating the product to reflect changes for laws and regulatory requirements.
• For making changes to the services as notified by you.
• When required by law.
• If we believe that you have violated any material term of this agreement.
• For resolving any third party claims or actions.
• For avoiding any financial loss or legal liability.

Money Back Guarantee

• All shared hosting, cloud hosting, vps hosting and reseller hosting plans are subject to a 30-day money-back guarantee. It is important to note that you must initiate the refund request within 30 days from the date of sign-up.
• Once the refund is initiated, you will receive a full refund of the money that you have paid minus the domain-registration fees that is not refundable. It's crucial to note that refunds are not applicable for domain registrations, renewals, transfers, or license payments under any circumstances. These payments are considered final and non-refundable upon purchase.

Billing Policy

• If paying through credit card, debit card, net banking, UPI, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear and after that the account would be setup.
• Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Dedicated Server, AWS Cloud, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Titan Email, Office 365 and any other paid licenses.
• The modifications done in pricing pattern or policy by the software license company will take effect immediately for Nuova Soft clients.
• No refund will be made if your Service(s) are suspended or terminated for cause.
• The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.
• If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Nuova Soft if you fail to pay the difference amount.
• Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.
• The cancellation request should be sent through client area.
• After sending the cancellation request, it would take 14 days to complete the refund process.

Late Payment or Non-Payment

• Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
• If your account gets terminated, the data residing on it won't be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
• We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Pricing and Promotions

• Nuova Soft offers a diverse range of products, services, and plans to accommodate virtually any web hosting need. Our pricing structure is designed to be competitive and transparent, ensuring that customers receive the best value for their investment.
• Occasionally, we provide special pricing, discounts, coupons, and promotions during the initial term, after which standard renewal pricing applies. Please be aware that these special offers are limited-time promotions available exclusively to new customers and do not apply to subsequent renewal terms.
• Upon the conclusion of the initial term, the services will renew at the standard pricing unless otherwise specified.

Taxes
The price mentioned on the site is exclusive of taxes. To view price with taxes, you will have to click on the “add to cart” option to view the price along with the tax amount. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable. GST (Goods and Services tax) is only applicable to the Indian clients.

. Cancellation Process

• At any point of time, you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
• You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.
• It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.

Account Termination
Your Nuova Soft hosting account can be terminated due to the following reasons:

• You decide to discontinue : At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 24 hours.
• Cancellation upon expiration : If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 24 hours (after the expiration date).
• Failure to Pay : If you don't pay the fees owed for the services, we reserve the right to suspend or terminate those services and may pursue any collection costs incurred by Nuova Soft, including arbitration and legal fees, as well as reasonable attorneys' fees. User accounts won't be reactivated until all outstanding amounts are settled. We are not liable for any deleted or lost user content resulting from suspension or termination of services.
• Renewal was not done in time : In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 72 hours (after the expiration date).
• You violate our Terms of service : If you violate our terms of service during your subscription period at Nuova Soft it will result in immediate account suspension and termination. As soon as we've been notified about the violation of service, we would usually take instant action.
• Potential fraud : We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.
• A Dispute or Chargeback : During the violation of our Terms of Service, we would initially suspend and give a 7 days’ timeframe to resolve the concern with Nuova Soft before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.
• Note : It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and Nuova Soft shall not be liable for the same. 27. Invoice Disputes

If you have any inquiries regarding charges on your account, contact our billing team at billing@Nuova Soft.com.
Account Security and Company Systems

• You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
• Your password provides access to your account. It is your responsibility to keep your password secure.
• Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
• Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Nuova Soft will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
• It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the 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 username and password. You are required to 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 or update your password before suspending your account.
• The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security.
• During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you 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 requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
• Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
• We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

Indemnification

• Customer agrees that they will protect, indemnify, save and hold Nuova Soft harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Nuova Soft, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns.
• Customer agrees to defend, indemnify and hold Nuova Soft harmless against liabilities arising out of:
• The loss of any electronic files furnished by customer (Or customer's customer).
• Copyright violation and any defective products sold to a customer from Nuova Soft's Services.

Limitations to Liability

• To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Nuova Soft, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type.
• CCustomers may incur various types of damages resulting from events beyond our control, such as delays, malfunctions, or suspensions in service provision. These damages may include, but are not limited to, loss of profits, cost savings, revenue, business, data, or use. Examples of such events include force majeure, third-party actions, faults in machines or software, and acts or omissions by customers contrary to the obligations outlined in these Terms of Service. Additionally, customers may experience data loss due to hardware or software failure, encounter issues with information or content accessed through our services, receive technical support, or use the services themselves.
• In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.

Dispute Resolution and Jurisdiction

• Except as expressly given elsewhere in this Agreement, nothing in this Agreement is intended, nor shall anything in this Agreement be construed to grant any rights on any individual other than the Parties hereunder and their respective successors and approved assignments. Notwithstanding the above, the customer recognizes and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set out in this Agreement because they apply exclusively to its goods or services and has the right to explicitly implement the terms and conditions.
• You agree that the Courts of Nashik, Maharashtra (India) shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of the TOS as well as any other document entered into by the Parties shall be governed by the laws of India.

Price Changes
Our service rates are subject to periodic adjustments based on our vendors' pricing. As authorized partners of various license providers and domain registrars, any alterations to their pricing may compel us to raise our service fees to maintain cost coverage. It's essential for you to periodically review billing details to prevent unexpected changes in pricing.

Third Party Beneficiaries

• In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and Nuova Soft shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
• When you buy a third party product or service from us, you are bound by this TOS agreement and the terms and conditions of the third party product or service.

For reference:

• cPanel & WHM: https://cpanel.net/legal-notices/
• LiteSpeed: https://www.litespeedtech.com/docs/webserver/license-enterprise
• AWS: https://aws.amazon.com/service-terms/
• WHMCS: https://www.whmcs.com/terms-of-service/
• Office 365: https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/default
• G Suite: https://policies.google.com/terms?
• Spam Experts: https://www.spamexperts.com/software-services-agreement
• Webuzo: https://webuzo.com/license/
• Plesk: https://www.plesk.com/legal/
• Softaculous: http://softaculous.com/softaculous/tos
• BitNinja: https://bitninja.io/terms-and-conditions/
• eset: https://www.eset.com/us/software-eula/
• DigitalOcean: https://www.digitalocean.com/legal/terms-of-service-agreement/ 34. Change of TOS
• Nuova Soft may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
• No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.
• By signing up for our services, you agree to Nuova Soft’s Terms of Service, Privacy Policy and all the regulations set out by Nuova Soft.