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Privacy Policy
Privacy Policy
Last Updated: July 31, 2019
About Us
NovellHost, LLC (“NovellHost”) is a leading provider of cloud Web, Reseller, and VPS hosting services as well as domain registration and management services.
We highly value our customer’s privacy and care about protecting the personal information of our customers and visitors who use our websites, products, or services (collectively, our “Users”)
This privacy policy provides details about how your personal information is collected, shared, and used by us.
You can learn more about our organization at https://www.NovellHost.com.
If you have any questions about this privacy policy or our practices described herein, you may contact contact@NovellHost.com
Covered Entities
For the sake of this policy, the covered entities to which it is applied are:
Our website – https://www.NovellHost.com
Our blog – https://www.NovellHost.com/blog/
This privacy policy covers personal information, including any information we collect, use, and share from you, as described below.
This privacy policy does not cover how our Users may share data that they collect using our services.
Information We Collect From You
Website Visitors
Like most website operators, NovellHost collects non-personally-identifying information of the sort that web browsers and servers typically make available such as:
Browser Type
Language Preference
Referring Site
Date & Time of each visitor request
Pages Your View
Our purpose in collecting non-personally identifying information is to better understand how NovellHost’s visitors use its website.
Email address
Personal website URL
Internet Protocol (IP) address for logged in users
Internet Protocol (IP) address for users placing an order
Internet Protocol (IP) address for users leaving comments on our blog
Signing Up For Services; User Information
To provide web hosting services and/or domain registration/management we obtain the following information about you as described below:
The information you provide prior to any registration process, such as your email when you provide it to us;
Information that you provide during any registration process (such as your name, company name, email address, phone number, billing address, or credit card information, geographic location, and industry), when you call or email us (for support or otherwise) or when you use our products or services; and
Payment information that you provide to us (by way of our Service or otherwise) when you purchase some of our products and services, including credit card data.
Domain Registrations
When you purchase Domain Registration services for top-level domains (TLDs), as the domain registrar, we are required to collect the following personal information from you (collectively, “Personal Information”):
Registrant Name
Registrant Organization (where applicable)
Registrant Address
Registrant Email
Registrant Fax (where applicable)
Registrant Phone number
Administrative Contact
Administrative Contact Organization (where applicable)
Administrative Contact Address
Administrative Contact Email
Administrative Contact Fax (where applicable)
Administrative Contact Telephone Number
Technical Contact
Technical Contact Organization (where applicable)
Technical Contact Address
Technical Contact Email
Technical Contact Fax (where applicable)
Technical Contact Telephone Number
Billing Contact
Billing Contact Organization (where applicable)
Billing Contact Address
Billing Contact Email
Billing Contact Fax (where applicable)
Billing Contact Telephone Number
Our collection of Personal Information is necessary to comply with contractual obligations we have with the Internet Corporation for Assigned Names and Numbers (“ICANN”) and with certain TLD registries (“Registries”) so that you can validly register your domain name. In addition to Personal Information, our contracts with some Registries may require us to collect other personal information for the registration of a TLD such as certain professional affiliations, identification or other qualifiers (“Additional Personal Information”).
Disclosure Of Information
Public Whois. Our contracts with ICANN and other Registries require us to make certain domain name information (“WHOIS Information”) available and accessible to the public through a searchable port 43 “WHOIS” Service via a public webpage operated by the applicable registrar of record (“WHOIS Site”). The WHOIS Site is a publicly accessible database that lists WHOIS Information, including a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. Except for EU/EEA natural persons (as described below), your Personal Information could be displayed on the WHOIS Site.
EU/EEA natural persons. Notwithstanding the foregoing, pursuant to the European Union’s General Data Protection Regulation 2016/679, or GDPR, if you are an EU/EEA natural person (as defined by the GDPR), other than as specified in this addendum, our publication of WHOIS Information will not contain any Personal Information. Accordingly, we will not display Personal Information of an EU/EEA natural person on the WHOIS Site.
Transfer Out. If you initiate a transfer out of a domain name away from us as the registrar of record, pursuant to our contract with ICANN, we may need to publish your registrant email address obtained from your Personal Information on the WHOIS Site for a period of approximately five (5) calendar days. After this period and assuming a valid transfer has occurred, you would cease to be our customer for that domain name and your WHOIS Information would be managed by the gaining registrar.
Certain Registries. Registries are third-party providers of TLDs that are independent of domain registrars. If required by contract with a particular Registry, we may be obligated, as a domain registrar of domains provided by the Registry, to provide Personal Information and Additional Personal Information to such Registry to successfully complete your domain name registration. If we provide your Personal Information and Additional Personal Information to a Registry, the Registry has its own obligation to comply with applicable data privacy laws.
Data Escrow. Our contract with ICANN requires us to deposit the Personal Information collected with a secure third-party escrow provider who acts solely as a holder of the data.
Permitted Disclosures. We may also disclose your Personal Information when required by the rules, regulations, and policies of ICANN, including but not limited to the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
We store this data we collect in a variety of places within our infrastructure, including system log files, back-end databases, and analytics systems.
Protection Of Certain Personally Identifying Information
Need to know that information in order to process it on NovellHost’s behalf
Provide services available at NovellHost’s website and;
Have agreed not to disclose it to others
Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using NovellHost’s website, you consent to the transfer of such information to them.
Other than to its employees, contractors, and affiliated organizations, as described above, NovellHost discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order, or other governmental request, or when NovellHost believes in good faith that disclosure is reasonably necessary to protect the property or rights of NovellHost, third parties, or public at large.
If you are a registered user of NovellHost and have supplied your email address, NovellHost may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with NovellHost and our products.
We primarily use the NovellHost blog and social media channels to communicate this type of information, so we expect to keep this type of email to a minimum.
If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
How We Use Your Information
We have a legitimate interest in running a successful and efficient business and in providing you with Services and useful content, and we use the information we collect, both on its own and combined with any other information we collect about you, for the following purposes:
To provide the requested Services to you;
To provide you with useful content;
To ensure the proper functioning of our Services
To offer and improve our Services;
To provide you with requested information or technical support
To facilitate your movement through our websites or your use of our Services;
To do a better job of advertising and marketing our Services (our use of your information to do this is performed with your consent where required by applicable law);
To advertise and market third party products and services (such advertisement is only performed with your permission where your consent is required by applicable law)
To diagnose problems with our servers or our Services;
In connection with our security and compliance programs;
To administer our websites;
To communicate with you;
To target prospective customers with our products or services (such targeting is only performed with your permission where your consent is required by applicable law);
To assist us in offering you a personalized experience or otherwise tailor our Services to you; and
As otherwise described in this privacy policy.
We also use the information we receive in aggregated and anonymized formats to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.
Payment information that you provide to us, including credit card data, will only be used to facilitate payment for our products and services.
We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.
How We Shared Information
Third Party Providers – NovellHost may share your information with third party providers that provide services on our behalf or resellers who provide NovellHost Services. These companies may assist with marketing support, processing credit card payments, content delivery, email, providing sales leads, and customer support. Third party providers may only process personal information pursuant to
Advertising – Based on the cookies and other tracking devices, we may work with advertising companies to display ads that may be of interest to you.
Business Transactions – To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
Aggregated or De-identified Data – We may disclose or use aggregated or de-identified information with third party providers for research purposes relating to our Services.
As Required by Law or Similar
Investigations – To comply with legal obligations (e.g. subpoena) or investigate potential legal violations.
Safety – We may disclose your information to protect and defend the safety of NovellHost in connection with investigating and preventing fraud or security issues.
Consent – NovellHost may share your information with your consent.
Cookie Policy And Other Tracking Technologies
You can control how websites use cookies by changing your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our Website. We may also use cookies and other tracking technologies to provide
Your Choices
You may unsubscribe from receiving promotional or marketing emails from NovellHost at any time by using the “unsubscribe” link in the email received, or by emailing us at contact@NovellHost.com. As outlined in the Section, Cookies and Other Tracking Technologies, you can also control your cookie settings.
With respect to your account information, you may update, correct or delete information that you provided to us by logging into your NovellHost account or contacting us at contact@NovellHost.com.
Processing Information
For individuals in the EEA, NovellHost’s legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it.
a) we have your consent to do so,
b) where processing is necessary for NovellHost to perform Services pursuant to an agreement or
c) where processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information, or may otherwise need personal information to protect your vital interests or those of another person. At any time, you have the right to withdraw or decline consent. If you do not provide the requested information, NovellHost will not be able to perform Services for you. Also, you have the right to object where we rely on our legitimate interests to process your personal information.
Business Transfers
If NovellHost, or substantially all of its assets, were acquired, or in the unlikely event that NovellHost goes out of business or enters bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of NovellHost may continue to use your personal information as set forth in this policy.
Your Rights
Individuals located in the EEA may have additional statutory rights available to them with respect to their personal information, including the right to access your personal information, have it erased, have it corrected, or object to or restrict processing. If you would like to make such a request, please email contact@NovellHost.com and we will respond within thirty (30) days.
Children
Our Website and/or Services are not directed at children and our services are designed for businesses. We do not knowingly collect information from or about children under 13 years of age, and use of our services by children under 13 years of age is forbidden.
Privacy Policy Changes
Although most changes are likely to be minor, NovellHost may change its Privacy Policy from time to time, and in NovellHost’s sole discretion.
Terms Of Service
Terms Of Service
These Terms of Service (the “Agreement”) are an agreement between NovellHost.com, LLC (“NovellHost” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by NovellHost and of the NovellHost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Payment/Refund Policy
Privacy Policy
Acceptable Use Policy
Anti Spam Policy
Additional terms may also apply to certain Services and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
Account Eligibility
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct and complete at all times.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Transfers
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.
We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.
Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall NovellHost be held liable for any lost or missing data or files resulting from a transfer to or from NovellHost. You are solely responsible for backing up your data in all circumstances.
NovellHost Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “NovellHost Content”), are the proprietary property of NovellHost or NovellHost’s licensors.
User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to NovellHost that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not, however, use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third-party locations. If you would like to conduct your own backups you MUST purchase block storage from us at $29.95/month per 150GB.
Solely for purposes of providing the Services, you hereby grant to NovellHost a non-exclusive, royalty-free, worldwide right and license to:
(i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or backup copies of User Content and User Websites. Except for the rights expressly granted herein, NovellHost does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Third Party Products and Services
Third Party Providers
NovellHost as Reseller or Licensor
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by NovellHost (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, NovellHost also does not register and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
Account Security and NovellHost Systems.
It is your responsibility to ensure that scripts/programs installed under your 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.
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.
HIPAA Disclaimer.
We are not “HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information.
Compatibility with the Services
You agree to cooperate fully with NovellHost in connection with NovellHost’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, NovellHost is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by NovellHost to provide the Services, which may be changed by NovellHost from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites.
Billing and Payment Information
Multiple Accounts.
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system is subject to termination without a refund.
Prepayment.
It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Auto renewal.
Unless otherwise provided, you agree that until and unless you notify NovellHost of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to
Late Payment.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, NovellHost may suspend or terminate your account and pursue the collection costs incurred by NovellHost, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees.
Domain Payments.
It is solely your responsibility to notify NovellHost’s Billing department via a support ticket created from https://www.NovellHost.com/contact after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and NovellHost is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method.
Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by NovellHost. If you have any questions concerning a charge on your account, our billing department directly for assistance.
Money-back Guarantee
Cancellations and Refunds
Payment Method.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks, and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
Money-back Guarantee.
If an account with a thirty (30) day money-back guarantee is purchased and then canceled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the NovellHost Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to NovellHost for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the NovellHost Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances if you do not provide the applicable Refund Request within the Notice Period.
Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services.
There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at NovellHost’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
Cancellation Process.
You may terminate or cancel the Services by giving NovellHost written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) NovellHost may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.”
Cancellations for shared accounts will be effective on the account’s renewal date.
Domains.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify NovellHost’s Billing department via a support ticket created from https://www.NovellHost.com/contact to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and NovellHost is not responsible for any change in exchange rates between the time of payment and the time of refund.
Termination
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
All use of hosting space provided by NovellHost is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email, and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.
VPS Managed Services
Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance.
Uptime Guarantee.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of NovellHost and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://www.NovellHost.com/clientarea.php to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.
Price Change
Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of Liability
IN NO EVENT WILL NovellHost ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF NovellHost IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NovellHost’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NovellHost FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify, defend and hold harmless NovellHost, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by NovellHost and will be held at the AAA location chosen by NovellHost in Missouri. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, NovellHost will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and NovellHost alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against NovellHost in violation of this paragraph, you agree to pay NovellHost’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
Independent Contractor
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Missouri. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Disclaimer
Backups and Data Loss
Your use of the Services is at your sole risk.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NovellHost AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES, PROVIDED HEREUNDER.
Disclosure to Law Enforcement
Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Headings.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
Severability
If any provision or a portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Waiver
No failure or delay by you or NovellHost to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or
Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of NovellHost. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Last Updated: July 31,2019
Acceptable Use Policy
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into NovellHost, LLC’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. NovellHost, LLC may modify this AUP at any time without notice.
The Services provided by NovellHost, LLC may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services. NovellHost, LLC reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
Domain Registrant Education
(https://www.icann.org/resources/pages/educational-2012-02-25-en)
Registrant Benefits & Responsibilities
(https://www.icann.org/resources/pages/benefits-2013-09-16-en?routing_type=path)
Prohibited Uses
Infringement of Intellectual Property Rights.
Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon, please email abuse@NovellHost.com. For copyright infringement claims, NovellHost, LLC follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures.
Using a shared account as a backup/storage device.
You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Unacceptable Material
Zero Tolerance Adult Content Policy
NovellHost, LLC has a zero tolerance policy in effect for adult content. We do not allow any content considered “adult material” on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in NovellHost, LLC’s sole discretion. Violators of this policy will be immediately terminated without a refund. Additional prohibited content is outlined below:
Unacceptable material on our servers include without limitation:
Topsites
IRC Scripts/Bots
IRCD (IRC servers)
Proxy Scripts/Anonymizers
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to Rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc)
Child Pornography Prohibited.
Content that is potentially harmful to minors, as determined in NovellHost, LLC’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
Free Web Hosting Not Allowed For Resellers.
Other Prohibited Content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Unacceptable Resource Usage
You may not:
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.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
Run Cron entries with intervals of less than fifteen (15) minutes.
Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
Include the local file rather than the URL when using PHP, include functions for including a local file. Instead of including “https://yourdomain.com/include.php”), use “include.php”.
Force HTML to handle server-side code (like PHP and SHTML) to help reduce usage.
INODES.
The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.
Zero Tolerance Spam Policy
We take a zero-tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
Websites advertised via spam
(Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
NovellHost, LLC reserves the right to require changes or disable as necessary, any website, account, database, or other components that do not comply with our policies or to make any such modifications in an emergency that we deem necessary at our sole discretion.
NovellHost, LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a
WHMCS Support Policy
Please note that our support technicians have not been trained on the WHMCS software outside of the initial installation. Troubleshooting issues should be addressed directly to the WHMCS Reseller Support department at the following links:
Documentation: https://www.whmcs.com/reseller-support/
Ticket Desk: https://www.whmcs.com/members/submitticket.php?step=2&deptid=13
Our team is able to offer WHMCS upgrades for $75. If you would like us to perform this, please open a new support ticket.
Defamation Policy
Websites hosted on NovellHost, LLC’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, NovellHost, LLC’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a web host, NovellHost, LLC is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case, in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case, in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
AUP Violations
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
If you feel you have discovered a violation of our AUP please report it to abuse@NovellHost.com
Payment Policy
Payment Policy
30 Day Money Back Period
We provide a 30-day money back guarantee on all Web Hosting, Reseller Hosting, and VPS Hosting packages with the following conditions:
Refunds are limited to one per customer (i.e. multiple services don’t qualify or multiple signups)
Refunds exclude setup fee (Shared/Reseller Hosting $, VPS Hosting $)Refunds do not include the cost of additional services purchased such as WHMCS licenses/license upgrades, domain registration, migrations, dedicated IPs, or other licenses (such as LiteSpeed for VPS).
Max Refunds on any server is $150.
A written request must be submitted separately from the cancellation request within 31 days of cancellation.
Refunds are sent within 31 days of receiving the refund request.
Refunds are not granted to accounts closed for TOS or AUP violations.
Domain Registrations/Renewals
All domain name registrations and renewals are FINAL. Because we have to pay registry fees on our end we cannot process refunds for these transactions.
In the rare event your domain has a mis-spelling, please contact us AS SOON AS POSSIBLE so we can attempt to correct it.
Late Invoices
We do NOT provide extensions on invoices here at NovellHost.
All invoices should be paid on DUE DATE to avoid account suspension. Accounts not paid by the due date have a 7 day grace period before the account is terminated. These invoices are subjected to a 15% late fee that must be paid to reactivate the account.
We will make every attempt possible to contact you 24 hours prior to account termination. Once the account has been terminated ALL data including backups will be scrubbed from our servers. There is no recovering the data once the account is terminated.
Promotional Pricing
Many of our web hosting, reseller hosting, and VPS hosting packages are discounted for first-time customers.
All packages will renew at the regular rate.
For the BEST possible pricing, we reward customers for signing up annually (12 months), biennial (24 months), and triennial (36 months).
On our website, prices are displayed reflecting the best possible rate.
Please review our Terms of Service:
https://www.NovellHost.com/legal-terms/
And our Acceptable Use Policy:
https://www.NovellHost.com/legal-terms/
Last Updated: July 31, 2019
Anti Spam Policy
Anti Spam Policy
Main Cause Of Spam
The majority of email spam comes from websites that have been compromised by an attacker. Most of these incidents come from running outdated WordPress software including outdated plugins and/or themes.
It is the customer’s responsibility to actively update and patch third-party software applications as they’re released. Failure to do so can lead to a compromised website.
Strong Passwords
Spam that doesn’t originate from compromised websites often stems from user’s having weak/un-secure cPanel, email, and other passwords. All passwords used should be generated using the password generator inside of cPanel.
It is the customer’s responsibility to ensure all passwords used across services are strong and updated regularly.
Three Strike System
To increase our server email delivery rate, NovellHost has developed a three-strike system for our customers.
Strike 1: First Offense – 24 Hour Suspension
If Spam is detected from your cPanel account it will immediately be suspended for a full 24 hours to allow our team to begin assessing the damage to our network.
The 24-hour suspension will be lifted once we have made contact with the account owner via our ticket system. We will provide the customer will details that need to be taken to resolve the issue and get their website back online.
Most of the time this includes, scanning local computer, changing all passwords, and updating third-party software on the cPanel account.
Strike 2: Second Offense – Professional Account Cleaning
If Spam is detected a second time from your account it will also immediately be suspended for 24 hours to begin our damage control.
Once again, we will wait to lift the suspension until we have verified the customer has been made aware of the actions necessary to stop the outgoing emails.
At this time we will recommend an “account cleaning” which can be conducted by our team for our hourly server administrative rate of $75 or we will recommend a trusted third-party that specializes in account security.
Strike 3: Third Offense – Account Termination
Unfortunately, if spam is detected a third time the account will be suspended and terminated within 48 hours.
Customers that don’t maintain good security practices with their accounts put our entire network at risk. Therefore we cannot continue to work with individuals who continually allow their sites to engage in illegal behavior.
In accordance with our Terms of Service, we will be unable to offer these customers a refund but can provide a backup of the site in the current state.
Additional Resources:
Why Legitimate Emails Get On Blacklists
Hardening WordPress – Codex (https://codex.wordpress.org/Hardening_WordPress)
CAN-SPAM Act: A Compliance Guide for Business (https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business)
Cookies Policy
Cookies Policy
At NovellHost we care about your privacy and believe in transparency. That’s why we are committed to be upfront about our privacy practices and provide settings that allow you to choose how certain information is used. Тhis policy provides information about how and when we use Cookies.
As described in our Privacy Policy and in accordance with its provisions, we use cookies, web beacons and similar technologies to identify you and collect information that helps us enable certain functionality on our site, let you access your account, analyze website traffic and usage, and personalize content and ads.
Your Consent
When you first visit our website, it will present you a designated Cookie Notice and pop-up tool that enables you to find a list of the different categories and a list of vendors serving them and choose which types of cookies you would like our Site to use. By browsing our site, closing the Cookie Notice message, or clicking “Accept All Cookies” in it, you agree to our use of cookies, web beacons and similar technologies as described herein and in our Privacy Policy.
You can decide to withdraw your consent at any time. You can manage your preferences regarding Cookies by modifying them in the designated “Cookie Settings” pop-up tool on our Site or refer to the “How do you manage, control or block cookies?” section for more information.
Cookie Settings
What are Cookies, web beacons, pixel tags, and similar technologies?
A cookie is a small piece of data that our website asks your browser to store on your computer or mobile device. Generally, it contains certain information that is not personally identifiable to you but is used to improve and personalize your web experience. For example, a cookie can include the date and time of visits to the website, the pages viewed, the time spent on the website and the sites visited just before and just after it.
Some of the pages you visit on the Site may also collect information through the use of web beacons, also called pixels, image tags or script tags. They are small files or pieces of code that may be loaded on our Site and they are used in conjunction with cookies.
What do we use cookies, pixels, and tags for?
We use cookies to make our Site easier to use. Cookies can store your account identifier, ordering status, personalization or website tracking. They can also be used for technical purposes such as keeping track of your current shopping session and enabling you to proceed to checkout and pay for your according order or to save information which has already been entered (languages choices, and your region), so that we can offer improved and more personalized services, products, and other relevant communication tailored to you.
We also include cookies, pixels, tags and similar technologies provided by third-parties. They allow us and these parties to collect the information that you have visited our Site and were interested in certain offers. We use them to manage and monitor our online advertising and aggregate anonymous information relating to trends and movements of users around the Site, user base as a whole, advertising responses, page views, promotion views, and purchases made. Such pixel tags may be used to recognize third-party cookies and inform us and/or third parties of which advertisement or link brought you to our website, allowing us to measure the effectiveness of promotional activities and better target Internet advertisements and efforts in improving our service and Site.
As a result, we may display targeted, or interest-based offers to you based on the products you currently own or have recently viewed and deliver other communication more relevant to you and your interests outside of our Site, on other websites part of the third party’s network.
Types of Cookies, web beacons, tags, and similar technologies
The cookies, web beacons, tags, and similar technologies can be grouped based on their characteristics or purpose.
Based on the length of their expiration period, cookies can be session based or persistent ones.
Session cookies only last for as long as the session and they expire at the end of your current visit to the Site. They allow us to link your actions during that particular session.
Persistent cookies are stored on your device in between browser sessions, allowing us to remember your preferences or actions across multiple visits or sites.
Based on ownership, cookies fall into two categories:
First-party cookies are those set and managed by NovellHost and our Site that is being visited by the user at the time in order to preserve your preferences.
Third-party cookies are placed in your browser by a domain, and a vendor, that is not our Site that you are currently visiting. Our Site sets third-party cookies from our analytics and marketing partners and vendors.
Cookies, web beacons, tags and similar technologies, managed by us or third-parties, serve various purposes on our Site. Based on purpose, they can be either essential for the functioning of our Site and Services or enable us with extra functionality such as tracking trends and movements of the users, analyzing demographic information, provide performance and analytic data about the Site and serve to advertise. Based on the purpose we classify them in the following categories:
Strictly necessary cookies: These cookies are necessary for the website to function. They can store your account identifier, ordering status, personalization or website tracking. They can also be used for technical purposes such as keeping track of your current shopping session and enabling you to proceed to checkout and pay for your order or to save information which has already been entered (for example your region and languages choices), so that we can offer improved and more personalized services, products, and other relevant communication tailored to you. Cookies also allow us to fulfill our contractual obligations to third parties and partners if you have made a purchase on our website by following a link from theirs. You cannot manage this type of cookies in our system and to disable them, you’ll need to switch them off across-the-board in your browser settings. You can set your browser to block or alert you about these cookies, but please note that some parts of the site will not work in this case.
Analytics cookies: We use analytics services by third parties to collect information about the use of this Site, such as the number of visits, pages visited, the popularity of certain content. Analytics tools use tracking cookies to recognize your device and compile information about you. They collect information such as what pages you visit and how much time you spend on these pages, the IP address assigned to you, what operating system and web browser you use, and what site you visited prior to visiting our website. If you disable these cookies we will not know when you have visited our site, and will not be able to monitor and improve its performance.
Functional Cookies: These cookies enable our website to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies: Our Site includes marketing cookies provided by third parties. That allows these parties to collect information that you have visited our Site and were interested in certain offers. We also use beacons, tags, click tracking codes and scripts to analyze trends and movements of users around the Site, gather information about user base as a whole, and how we can improve our Services and Site, to provide advertising based on activities and interests and to measure advertising effectiveness. As a result, we may display targeted, or interest-tailored offers based on the products you currently own or have recently viewed and deliver other communication more relevant to you and your interests outside of our Site, on other websites part of the third party’s network.
A list of the cookies we use on our Site classified in each category can be found in our designated Cookie Settings tool. For the composition of the list of cookies in each category, our Site is scanned with a cookie scanning tool regularly to maintain it as accurate as possible.
How do you manage, control or block cookies?
You can manage your preferences regarding Cookies by modifying them in the designated “Cookie Settings” pop-up tool on our website. You can opt-out of each cookie category (except strictly necessary cookies) by clicking on the corresponding category and disabling it.
You can also modify your Cookie preferences directly from your browser. Almost all browsers allow to detect Cookies and block them automatically. Please note that if you disable our website Cookies or Cookies in general in your browser settings, this will prevent Site functionally-required cookies and certain sections or features of our Site will not work.
Browser settings are usually found in the ‘Options’ or ‘Preferences’ menu. Browser-specific help with cookies can be found in the links below. For further information, we recommend referring to the documentation of your browser.
Internet Explorer –https://support.microsoft.com/en-GB/kb/278835
Chrome –https://support.google.com/chrome/answer/95647?hl=en-GB
Firefox –https://support.mozilla.org/en-GB/kb/delete-browsing-search-download-history-firefox
Safari –https://support.apple.com/kb/PH5042?locale=en-GB
Opera –https://www.opera.com/help/tutorials/
Changes to the Cookies Policy
We reserve the right to modify this Cookies Policy at any time. If we decide to change our Cookies Policy, we will post the updates here, on the Legal section on our Site and on any other place we deem appropriate. We reserve the right to amend, update or adapt this Cookies Policy to reflect any changes in the functionality of our Site, legislation or in the interpretation by the relevant data protection laws.
Further questions and contacts
If you have any questions regarding this Cookie Policy, please contact us at legal@NovellHost.com or contact our Data Protection Officer who can be reached at privacy@NovellHost.com.
WP Migrations Terms of Service
WP Migrations Terms of Service
Turnaround Time
Our realistic turnaround time guarantee for a fully completed and tested WP migration to your account is 48 hours from the date and time we send you a confirmatory e-mail stating that the migration has started. We can only begin the process after (1) you provide us with all of the login information requested in the “Request For Credentials” (RFC) e-mail, and (2) we verify that the credentials allow us to access your old current accounts.
The quoted turnaround time is dependent on your active participation and timely replies to our emails. We ask that you reply to any of our e-mails within 12 hours to take advantage of our turnaround time guarantee. If we don’t receive a reply from you within 12 hours, then the migration process is “paused” and the quoted turnaround time is no longer applicable (even though we’ll still do our best to complete the process as soon as possible!)
Customer Data and Disk Usage
The storage on NovellHost web servers is designed specifically for hosting sites — it is not efficient as a backup or storage solution. Please ensure that the data we migrate meets these requirements, and remove all backup files before providing us with your credentials. We filter some backup files if we can identify them, but we may not exclude all of them (it is usually enough to just move the files one or more levels up in the directory structure on your current host, allowing us to identify and exclude them).
Please note that NovellHost’s Acceptable Use Policy and Unlimited Policy will apply to any and all WordPress migrations or other NovellHost services.
Mobile Site
We can only guarantee the migration of the desktop version of your site. The good news is that the mobile version will usually keep running. If the mobile site isn’t working, please let us know and we’ll offer troubleshooting tips to help address the problem.
More Than WordPress?
While this service only covers WordPress migrations, we can migrate other types of files over to NovellHost, too. If you have special plans in mind that may include other applications, feel free to reach out to Tech Support (email/live chat/callbacks/twitter) and we’ll probably be able to help!
Technical Requirements
We strongly prefer that your current WordPress site stays live until the migration process is complete on our end. This ensures that your old site can be accurately compared to the new one before we finish the process! If we’re unable to compare the two, we may not be able to notice and/or address errors that already exist.
If your WordPress version is older than WP 3.7, it must be upgraded to at least that version at your old host so critical security issues are handled first.
If you have HTTPS enabled on your site, NovellHost can only guarantee to get the HTTP option running. Once you’re set up, we can then guide you through enabling HTTPS for your domain.
If you suspect that your current site is hacked, please ensure that any and all issues are cleared up (and cleaned up!) through your current host. If we begin your migration process and find any hacked files, we may stop the process and notify you of the interruptions. This will also affect your turnaround time.
We can’t guarantee a 100%, fully functional migration if you choose to manually provide data or files instead of allowing us to utilize a live WordPress site.
The migration service only covers the contents of the site. Any emails you want to keep must be handled separately by you. DO NOT change your email DNS to route emails to NovellHost servers (if that is even your preference) until the migration is complete and approved in writing. Reach out to Tech Support for more help.
Refund Policy
The one-time charge for WordPress migrations is refundable in certain situations. You’re eligible for a refund if our team, due to our own internal delays, takes longer than the quoted time period to complete the migration. We’ll also refund the charge if you cancel before we’ve sent out the confirmatory email indicating the start of the migration process.
Be warned, though! The following situations will cause you to forfeit your right to a refund:
Failing to respond to our information requests and emails for more than 12 hours if we’ve already started the migration process
Interference with the migration process, or taking over the migration process yourself
Asking us to cancel the migration process after we’ve sent you the confirmatory email that signals the start of the migration process
A hacked site requiring us to pause and clean up before proceeding
No Guarantee
While we’ll strive to do our best during the migration, please note that a perfect result is not guaranteed. There may be small issues with the content or structure of your WordPress site, and we aren’t able to address every single inconsistency resulting from the move. This is a process that’s manually performed by our team, and we’ll do our very best to get things working for you!
Applicable Terms
Please note that all of NovellHost’s terms of service apply to you and your account after a migration.
Abandonment
If we don’t hear back from you 7 days after an information request, we’ll consider the migration as “abandoned” and will cancel it without processing a refund. We may archive your files for up to 30 days (starting from the original, confirmatory email) in order to facilitate future reinstatement of the migration process, but this isn’t guaranteed!
Cancellation
If you decide to cancel the migration process for whatever reason, please let us know so that the Tech Support team can cancel the process and avoid any interference with your plans. Keep in mind that a refund is not available if we’ve already started the process (see Refund Policy above).
Notice
We reserve the right to modify or cancel these terms at any time. Please make sure to check this page often! Your continued use of this service after modifications have been made constitutes acceptance of the updated terms.
DMCA
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements 1996 treaties of the World Intellectual Property Organization (WIPO). A DMCA claim occurs when someone suspects a website of copyright infringement.
If you’d like to file a claim of copyright infringement can do so via either email or postal mail.
Send an email to abuse@NovellHost.com.
Send postal mail to:
Hall Office Park
P O BOX 6021
Frisco TX 75034
https://www.Novellhost.com
Responsible Disclosure Policy
Responsible Disclosure Policy
The security of users’ data is always our top priority. If you have discovered security vulnerability anywhere in our services, we greatly appreciate your cooperation in disclosing it to us in a responsible manner, following the guidelines set out in this Policy.
We commit to acknowledge, validate, and fix vulnerabilities in the timeliest manner possible. We will not take legal action against or suspend access to our services for any party that has responsibly disclosed vulnerabilities discovered.
We would like to give proper credit to the people who help us improve our services and protect the NovellHost community. If you discover a valid significant vulnerability and report it in accordance with this Policy, we will add your name to our Honor Roll. If you wish to keep your disclosure confidential, just let us know and we would never reveal your identity. In case the same vulnerability is reported by several parties before it is fixed, the acknowledgment will go to the first one to report the issue.
Rules
If you believe you have found a vulnerability, do not share details about it with any third parties or the general public before it has been fixed;
You can only conduct testing on accounts that you own or have permission from the owner to test on;
Do not try to gain control of another user’s account or data;
SPAM and DDoS attacks are never permitted;
Do not use automated tools to find vulnerabilities;
Automated/manual password guessing (also known as “brute force attack”) against login forms is not permitted;
Never use non-technical methods such as phishing and/or social engineering against employees or customers of NovellHost;
Physical attacks against equipment, infrastructure, offices, and/or employees of NovellHost and/or our partners are strictly forbidden.
How to report
Send us an e-mail at responsible-disclosure@NovellHost.com with the details of the vulnerability you have discovered. Please make sure to include the following:
As much detail as possible about the nature of the vulnerability so as to allow us to reproduce your steps;
Your e-mail address;
Name and a link to your Twitter/Facebook profile as you would like them to appear on this page.
Honor Roll
We are very grateful to the community of users and security researchers who have helped us improve our services and make them more secure. The following individuals and organizations have discovered vulnerabilities and reported them to us in accordance with this Policy:
No vulnerabilities yet Discovered.
PCI Compliance
What is PCI Compliance?
PCI Compliance is very important in the credit card processing to secure customer data. The payment card industry (“PCI” for short) is the global collective of businesses associated with accepting and processing credit and debit card payments. PCI is an abbreviation for the Payment Card Industry.
The PCI Security Standards Council (“PCI SSC”) is an industry group, comprised of American Express, Discover Financial Services, JCB, MasterCard, and Visa, which has established the PCI Data Security Standard (“PCI DSS”). The PCI DSS (Payment Card Industry Data Security Standard) is a security initiative created to offer service providers and merchants a unified approach towards safeguarding credit card holder information for all types of credit cards, preventing credit card fraud, cracking and various other security threats and vulnerabilities.
PCI Compliance Requirements
PCI DSS is an industry standard that applies to anyone who stores, processes, or transmits cardholder data. The PCI DSS has 12 general requirements, organized in 6 groups, also known as control objectives. The goal of these objectives is to:
- Build and Maintain a Secure Network;
- Protect Cardholder Data;
- Maintain a Vulnerability Management Program;
- Implement Strong Access Control Measures;
- Regularly Monitor and Test Networks;
- Maintain an Information Security Policy;
You can download the complete PCI DSS documentation, which includes a thorough description of the PCI compliance requirements.
IS NOVELLHOST PCI COMPLIANT?
Novellhost’s plans are PCI compliant provided by 3rd parties like PayPal or Stripe with PCI Level 1 certified, the highest possible certification level. All customer data are safe and secured at the third parties sites.
Each third-party payment processor is responsible for maintaining information about their own compliance and may be able to help you with any PCI reporting or attestation requirements.
This does not mean you’re in compliance simply by hosting with us, however. We don’t operate your web site or interact with your end users, and you are responsible for the way in which you collect, store, or process any cardholder data. Therefore, NovellHost’s PCI compliance does not cover customer websites.
Stripe
Stripe is PCI Level 1 certified, the highest possible certification level.
For more information about Stripe, please visit https://stripe.com.
PayPal
PayPal is PCI certified, for more about PayPal, please visit https:paypal.com
WordPress Care Plans
We offer care plans for WordPress sites. Whether you get 10 visitors or 10 million, We have you covered. Keeping your website properly maintained is one of the best money you can spend. You can stop worrying about your site breaking and get back to what you do best on your site. Migrate your website to NovellHost.com and receive the DELUXE CARE PLAN for free.
Deluxe Care Plan
$35
Pro Care Plan
$75
Business Care Plan
$150