Acceptable Use Policy
Nova Internet Services, Incorporated, (Nova), operates high speed connections to the Internet and offers its Network and computer facilities available to persons who, for a fee as agreed, subscribe to Nova's services for commercial and personal purposes (Subscribers). Each Subscriber agrees to the terms and conditions set forth in this Acceptable Use Policy (AUP). During normal usage of Network resources, Subscribers may utilize portions of the Internet that restrict commercial or other traffic as per its own AUPs. As a condition of the service provided, Nova's subscribers must agree to abide by all AUPs for any Networks that they traverse, and always comply with local, state and federal laws.
Terms & Conditions
1. Nova exercises no control whatsoever over the content of the information passing through its Networks. Nova makes no warranties of any kind, whether expressed or implied, as to the availability, or content of the information, products, or services it is providing or which may be obtained through Nova's facility. With respect to the goods and services sold Nova expressly DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Warranties on equipment and/or software purchased from Nova are limited to the written limited warranty which accompanies merchandise. All sales are final with no returns on equipment and/or software. Subscriber agrees that Nova will not be responsible for damages that are incurred or suffered. This includes but is not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or others omissions or errors.
2. The Subscriber agrees that its use of any information obtained through the use of the Internet through Nova as an ISP is at the Subscriber's own risk. Nova specifically disclaims any responsibility for the accuracy or quality of information obtained through its services as an ISP or vendor. The services provided by Nova and Nova's systems are expected to change from time to time. Nova reserves the right to change any service offered or the features of any service offered or its systems without notice, including changes to access and use procedures, such as idle disconnections, and systems hardware and software.
3. The Subscriber agrees that any liability of Nova, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action shall be strictly limited to the amount paid by or on behalf of the Subscriber to Nova for the current month.
4. Nova's Network and services may only be used for lawful purposes and consistent with all rights of other parties. Transmission of any material in violation with any United States, state or international regulation is prohibited. This includes, but it not limited to: copyrighted material, trademarks, material protected by trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Subscriber agrees to indemnify and hold harmless Nova from any claims resulting from use of the service which damages the Subscriber or any other party.
5. The Subscriber agrees that it will not re-sell Nova's Networks and/or services to any person unless provided by conditions of a separate written agreement.
6. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Nova's services, Networks and systems constitutes acceptance of these Terms.
7. Nova requests that Subscribers log off if idle for more than 30 minutes. This keeps system load low, and improved availability of services to other subscribers. Subscriber data may only be stored in the Subscriber's home directory or personal web page space. A quota of 10 megabytes is allocated to each Subscriber. If disk quota is exceeded for more than 7 days, a nominal fee will be assessed in accordance with current rate schedule. Bulk mailings to more than 100 recipients is prohibited. Subscribers sending letters with more than 50 recipients must run consecutive mail delivery programs. Unsolicited commercial mail to multiple recipients is not allowed. An individual dial-up account entitles only the named Subscriber to log in, and only on one dial-up modem or TCP/IP connection at a time. Multiple individuals accessing a singular account is not permitted unless by special arrangement. Nova also offers dedicated connections and dedicated lines. These dedicated service accounts are not governed by the above non-dedicated account usage policies, but ARE governed by ALL other AUP terms and conditions. Other uses are considered fraudulent. A charge equal to the monthly service fee may be charged for additional concurrent login sessions within a billing period or commercial activities within an individual dial-up account.
8. Commercial posting to non-commercial news groups or postings which are directed to either inappropriate, unrelated, or more than 3 groups is prohibited.
9. Either Subscriber or Nova may, at its sole discretion, terminate the Subscriber's account at any time with or without reason. Nova also may, at its sole discretion, suspend a Subscriber's account at any time with or without reason. Cause for suspension shall exist whenever the system administrator or other member of management judges that the action of a login Subscriber is , or may be of such character as to threaten immediate harm to any computing facility, or to any Subscriber owing to apparent violation of any provision of this AUP. Monthly charges will not be pro-rated except at the time of activation of a new account. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. Nova may delete all data, files or other information that is stored in Subscriber's account upon termination. Invoices for services are submitted monthly in advance. The Subscriber agrees to pay monthly invoices immediately upon receipt and until the account is canceled. Any future months of paid service fees will be refunded to the Subscriber upon receipt of signed cancellation notification, and the Subscriber account will be closed at the end of the current billing period If Subscriber pays by check and it is returned unpaid, the account will be immediately suspended in default and the check will be subject to a nominal fee in accordance with the current rate schedule.
Nova also offers automatic credit card charging of monthly services. Charges will be processed once per month on a regular schedule. Access to the account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers or unreported expiration extensions. Rate changes will be effective when published on-line or otherwise provided to subscribers. Accounts that remain unpaid after 30 days of invoice date may have their service interrupted. Such interruption will not relieve the Subscriber from the obligation to pay monthly charges. If Subscriber elects to be invoiced monthly and payment remains unpaid for 30 days, a late payment fee of $5.00 and an interest fee of 1 1/2% per month on the past due outstanding balance will be assessed at the annual percentage rate of 18% per annum. If Subscriber fails to pay charges due, Subscriber agrees to pay Nova reasonable collection expenses, including attorney and collection agency fees.
10. Nova reserves the right to modify, change, and reformat this document as it deems necessary without permission or consent of it's Network Subscribers.
11. Subscriber's account and right to use Nova's services and systems is not transferable without Nova's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use. Unless Nova has some reason to believe that the Subscriber's account has been broken into by means beyond your control, the Subscriber will be responsible for anything transactions occurring or charges incurred.
12. As a courtesy to Subscribers, Nova has accumulated a library of software which is "shareware" or "freeware". Nova is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. NOVA MAKES NO WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. NOVA ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF. SUBSCRIBER AND ANY OTHER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST NOVA WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH NOVA.
13. USE OF NOVA'S SERVICES AND SYSTEMS AND THE INTERNET IN GENERAL IS AT SUBSCRIBER'S SOLE RISK. NOVA DOES NOT WARRANT THAT ITS SERVICES AND SYSTEMS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES NOVA MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEMS OR THE INTERNET IN GENERAL. NOVA'S SERVICES AND SYSTEMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL NOVA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THE MAXIMUM LIABILITY OF NOVA TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM DAMAGE OR LIABILITY OR ANY KIND, INCLUDING, BUT NOT EXCLUSIVE, DUE TO NOVA'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO NOVA DURING THE ONE MONTH PERIOD PRECEDING THE CLAIM.
14. The Subscriber agrees to indemnify and hold harmless Nova, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of Subscriber's account whether or not authorized.
15. The Electronic Communications Privacy Act (ECPA) requires we notify all Subscribers if we do not offer the privacy of e-mail and files accorded paper mail. The Subscriber is hereby so notified. The Subscriber should assume that any e-mail or other communications may be seen by others, either because of software problems or because Nova must reserve the right, on rare circumstances, to monitor a Subscriber's mail or any file on the system, as a necessary incident to providing service and otherwise to protect the rights or property of Nova. Nova make all reasonable efforts to protect the Subscriber's privacy and will not disclose any information obtained by reading private communications. If Nova observes evidence of illegal activity being conducted through its facilities and systems, Nova will take reasonable measures to stop it, notifying the appropriate law enforcement agency. Nova will not disclose any such information unless required to operate its systems or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.
16. These terms and conditions supersede all other written and oral
communications or agreements with regard to the subject matter. A waiver or
modification of these terms and conditions shall only be effective if in writing
signed by an authorized officer of Nova. These terms and conditions shall be
governed by and interpreted in accordance with the laws of the State of Texas
without regard to choice of law principles.