Nova86 L.L.C.

Terms of Service & Acceptable Use Policy

When using the services offered by Nova86 L.L.C. (hereinafter referred to as "we", "us", "our", "Nova86 L.L.C.", “Network”, “Organization”, or “Company”), which includes but is not limited to browsing our websites, registering for accounts on our services, connecting to our servers, engaging in any activity while connected to our servers, or using accounts or services provided by us, you are agreeing to follow and abide by these Terms of Service and Acceptable Use Policy (collectively, the "ToS" or “Policies”).

By accepting these Policies, you acknowledge that you fully understand them in their entirety and that you have not found any ambiguity in our ToS.

You understand that violating any part of our ToS may result in the termination of your services with us and the permanent suspension of any accounts you own. You agree that in the event the conditions for using our services are breached, we have no obligation to continue any interactions with you, provide reasoning for terminated services or accounts, accept any appeals, or bear liability for any loss you incur as a result of such termination. If at any point you no longer agree to our ToS, you must immediately cease all use of any services related to our Network. The Network retains the right to maintain deterrence against all attempts to harm it or its staff and to actively address threats to the security of the Network and its personnel.

Interpretation

Words whose initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural form.

Accuracy of Information

Occasionally, information on the website may contain typographical errors, inaccuracies, or omissions relating to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website or on any related Service is inaccurate at any time, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website or on any related Service has been modified or updated.

Accounts and Membership

If you create an account on the website, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account, as well as any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you sign in and use our services.

To order any of our services, the account holder must be eighteen (18) years of age or older. If you are under eighteen (18) but at least thirteen (13) years of age, you may order our services only with direct permission from a parent or legal guardian. You agree not to bypass any security features we have installed to uphold this Agreement. Nova86 L.L.C. does not assume any responsibility or liability for misrepresentations regarding a user's age. Nova86 L.L.C. assumes all account holders meet the required age or have parental/guardian permission, and liability falls upon the consenting account holders.

Nova86 L.L.C. reserves the right to refuse service to anyone. You must use our services only for lawful purposes and intent, in accordance with United States federal law and Colorado state law. We do not permit the use of our services for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Export Control & Sanctions: Services may not be used in violation of U.S. export laws, sanctions programs, embargoes, or Office of Foreign Assets Control (OFAC) regulations.

Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, but is not limited to: material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization; material that is obscene or defamatory; material that constitutes an illegal threat; or material that violates export control laws. If anything is illegal in the United States of America, it is not permitted to reside on our products and services. Nova86 L.L.C. reserves the right to identify non-acceptable content or links. If you are found using our services for illegal activities or content, your account will be suspended and/or terminated. By participating in any service owned by Nova86 L.L.C., you acknowledge that we may disclose information assigned to your identity to law enforcement.

Providing false contact information of any kind may result in the termination of your account or a request for identity verification through a third-party processor. You must immediately notify us of any unauthorized use of your account or any other security breaches. We will not be liable for any acts or omissions by you, including damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content could damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services, and we may block your email address and IP address to prevent further registration.

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Invoices with no verified payment after twenty-four (24) hours of the due date will result in service suspension. Invoices with no verified payment after three (3) days of the due date will result in service termination.

If auto-renewal is enabled, you will be charged automatically in accordance with the term you selected. You are responsible for all fees owed on the account from the time it was established until you officially notify Nova86 L.L.C. to request the termination of all services. Account termination does not forgive debts owed to Nova86 L.L.C., and the client is expected to pay these debts along with any applicable court or collection fees. The client is responsible for all costs of collection, including but not limited to reasonable attorney fees, court costs, and collection agency fees, in the event of non-payment.

Cryptocurrency Payments: Cryptocurrency payments are final and non-reversible except where strictly required by law.

Nova86 L.L.C. may offer promotional rates or exclusive offers featuring terms more favorable than the standard Terms of Service. Users are not permitted to replace an existing service simply to gain a promotional discount or offer. Promotional rates or exclusive offers may not be combined. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you via the email, Discord account, billing address, or phone number provided at the time the order was made. We may also contact you regarding invoices, payments, and other important information via the phone number on your account.

If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide:

●       A copy of a valid government-issued photo identification.

●       A copy of a recent bank statement for the credit or debit card used for the purchase.

Chargebacks: Initiating a chargeback or payment dispute will result in an instant server suspension and the revocation of any right to a refund.

Refunds

Nova86 L.L.C. offers a twenty-four (24) hour money-back guarantee for eligible services. Services are eligible for a refund only if requested within the twenty-four (24) hour window following order placement and payment receipt. Refund requests outside of this time period will not be administered.

●       Non-Refundable Services: Domains, dedicated servers, colocation, IP allocations, and service add-ons are strictly non-refundable unless subject to extraordinary circumstances approved by Nova86 L.L.C.'s management team. Refund requests for eligible shared hosting or VPS products must be made via a support ticket on our helpdesk; all other request methods will be disregarded.

●       Voided Refunds: In the event of a Terms of Service or Acceptable Use Policy violation, all refund requests are automatically voided. Furthermore, refunds are not available for service interruptions caused by customer actions, abuse violations, or events outside our control (force majeure). Nova86 L.L.C. reserves the right to deny refund requests for erroneous payments caused by a client’s failure to cancel an automated subscription.

●       Eligibility Prerequisites: To qualify for a full refund, the following conditions must be met:

○ The refund is requested within twenty-four (24) hours of product creation.

○ The request includes a legitimate reason (requested for feedback and service improvement).

○ The product or service was not paid for using a promotional discount exceeding 25% off the original price.

○ The product or service is not an upgrade.

All refund requests are subject to the final approval of the Nova86 L.L.C. management team.

Acceptable Use Policy (AUP)

Clients are strictly responsible for complying with the policies of Nova86 L.L.C.. Failure to do so may result in immediate service suspension and/or termination. "Abuse" includes any activity that impairs the functionality, security, integrity, or performance of the Network, regardless of whether such activity is specifically listed herein.

Nova86 L.L.C. maintains a zero-tolerance policy regarding illegal content. We reserve the right to report any such activity to the appropriate national or international cybercrime authorities (e.g., NCMEC, FBI, etc.) at our sole discretion.

By using our services, you agree to entirely abstain from the following (including but not limited to) actions:

Security Violations:

●       Denial of Service (DoS) attacks.

●       Distributed Denial of Service (DDoS) attacks.

●       Hacking or unauthorized access to computer systems.

●       Malware distribution or use.

●       Phishing or other forms of social engineering.

●       IP spoofing or other forms of network deception.

Illegal Activities:

●       Copyright, trademark, or patent infringement.

●       Software piracy.

●       Spamming.

●       Child pornography, child sexual abuse material (CSAM), or any other illegal content.

●       Identity theft.

Resource Abuse:

●       Excessive CPU, memory, or disk space usage.

●       Excessive bandwidth consumption.

●       Running resource-intensive applications or scripts detrimentally. ● Bypassing fair usage policies or quotas.

Harmful Conduct:

●       Cyberbullying, harassment, or threats.

●       Hate speech or discrimination.

●       Posting or transmitting offensive, obscene, or harmful content.

Network Integrity:

●       Unauthorized vulnerability scanning, network probing, crawling, scraping, or port scanning directed at our own and third-party systems without permission is strictly prohibited. (Note: Customer infrastructure monitoring, legitimate security testing, and authorized assessments are permitted).

●       Interference with network services or infrastructure.

Other Prohibited Activities:

●       Any activity that could harm the reputation of Nova86 L.L.C. or its customers.

●       Any activity that could disrupt or degrade the performance of our network.

●       Any activity that violates applicable laws or regulations.

●       The use of anonymization services, proxies, VPNs, or Tor exit nodes to mask identity while engaging in, or to facilitate, prohibited activities is strictly forbidden and grounds for immediate termination.

●       You are responsible for any traffic or activities originating from your account, regardless of whether such activities were authorized by you or were the result of a compromised account due to your failure to secure credentials.

●       Cryptocurrency mining on non-dedicated resources.

Additional Considerations:

●       Monitoring and Enforcement: Nova86 L.L.C. reserves the right to monitor network traffic and take appropriate action to enforce this Acceptable Use Policy. Violations may result in warnings, account suspension, or permanent termination of service.

●       Security Best Practices: We strongly encourage all users to follow cybersecurity best practices, including utilizing strong and unique passwords, keeping software up-to-date, and remaining cautious of phishing attempts.

Abuse Reporting

Abuse reports must be opened via our helpdesk by emailing abuse@Nova86.net or submitting a ticket through the customer dashboard. Clients have "a reasonable timeframe determined by the severity of the threat, not to exceed 24 hours, to respond to an abuse report ticket with a detailed solution and explanation of the documented abuse. Clients who fail to respond within this window may be subject to service suspension until the matter is resolved.

Nova86 L.L.C. reserves the right, in its sole and absolute discretion, to immediately suspend, null-route, or terminate services if we detect activity that poses an imminent threat to the stability or security of our infrastructure, regardless of whether the client has received prior notice. We may, without limitation, disable any service, process, or script that causes excessive resource consumption or exhibits signs of malicious activity (e.g., botnet participation, port scanning, or unauthorized traffic injection). The client waives any claims for damages arising from such emergency preventative measures.

Non-clients may report abuse originating from Nova86 L.L.C.’s network by emailing abuse@Nova86.net.

Service Setup

Nova86 L.L.C. strives to provision all in-stock services on a best-effort SLA after payment is received and processed; however, immediate setup is not always possible due to factors beyond our control. Such factors may include clients providing passwords that do not meet sufficient requirements, incomplete order forms, or unverified payments rejected by our system. We commit to installing the operating systems selected during the order process free of charge but cannot guarantee the installation of alternative, unlisted operating systems.

Support Obligation

Nova86 L.L.C. strives to support all services offered. However, unless otherwise explicitly stated, we provide unmanaged support. We reserve the right to offer semi-managed and/or managed support to select clients at our discretion.

Unmanaged support means Nova86 L.L.C. is responsible only for maintaining hardware and network functionality. We will not perform daily administrative tasks such as installing custom software, configuring servers, or managing applications. We will assist with technical errors directly caused by our infrastructure. The categorization of technical errors and issues is completely at our discretion, and we reserve the right to deny support to any client violating our terms. Clients are solely responsible for software configuration, security patches, and internal system management.

Colocation

All colocation clients must ensure that all invoices are paid in full before requesting equipment returns in the event of a cancellation. "Remote hands" services are offered to customers and billed directly from the datacenter at a standard rate of $150.00 per hour. Nova86 L.L.C. reserves the right to alter the remote hands fee based on the complexity of the requested action.

In the event of cancellation, clients will be charged a de-racking and shipping fee at $150.00 per hour. Packaging materials will be provided upon request, subject to availability. Clients may provide their own shipping label, or the Company will provide one and add the cost to the de-racking fee.

Upon cancellation or termination of a colocation service, the client agrees to immediately vacate all equipment from the assigned space. Clients must pay any outstanding remote hands fees associated with the removal. If a client fails to remove their equipment within thirty (30) days of service termination, the equipment will be legally considered abandoned. Nova86 L.L.C. reserves the right to immediately remove, discard, and/or liquidate any abandoned equipment. The client bears total responsibility for any costs associated with the removal, disposal, or liquidation of abandoned property. Any proceeds from liquidation will be applied to the client's outstanding account balance.

Nova86 L.L.C. is not responsible for any damage caused while the client's hardware is housed at our datacenter, during shipping, or caused by electrical surges, power failures, or handling by third-party datacenter staff.

Licensing

All clients are responsible for securing and providing legitimate, legal licenses for any software or services installed on Nova86 L.L.C.'s network. We explicitly do not offer Microsoft Windows licenses; clients must "Bring Your Own License" (BYOL). Nova86 L.L.C. is not responsible for providing software licenses of any kind.

Backups

We are not responsible for Content residing on our services. In no event shall Nova86 L.L.C. be held liable for any loss of Content. It is your sole responsibility to maintain appropriate, off-site backups of your Content. Notwithstanding the foregoing, in certain circumstances and with absolutely no obligation, we may be able to restore data from internal backups taken for our own disaster recovery purposes. We make no guarantee that the data you need will be available or accessible.

Data Retention: Following the cancellation, suspension, or termination of any service, customer data may be deleted immediately or at any later time. Customers are solely responsible for maintaining their own personal backups prior to termination. Upon account termination, Nova86 L.L.C. is under no obligation to retain or provide access to any data, logs, or configuration files.

Bandwidth and Storage Policy

While we may offer unlimited or unmetered bandwidth and storage on select plans, we reserve the right to remove excessive files (such as unusually large logs, redundant localized backups, or other restrictive files) that negatively impact the node. We may limit bandwidth traffic for a specific user if unusual spikes in network activity degrade the experience of other users sharing the infrastructure. We may also apply a soft limit to your plan due to software constraints; however, limits may be raised at any time via a support request. In the event a hard bandwidth limit is reached, the client agrees to pay an overage charge of exactly $2.00 per terabyte (TB) of usage beyond the monthly limit, or the service will be suspended until the next billing cycle.

IP Address Assignment

Nova86 L.L.C. shall maintain full ownership and control of all IPv4 and IPv6 addresses assigned to you. We reserve the right, at our sole discretion, to change, remove, or banish any IP addresses from your use. IP addresses remain the property of Nova86 L.L.C. and will be reclaimed or reallocated upon service termination or policy violation.

IP Transit Policy:

All route announcements on our network are subject to stringent routing security. Specifically, all announcements are subject to:

●       RPKI validation

●       IRR validation

●       Prefix filtering

●       Automated security controls

Nova86 L.L.C. reserves the right to reject, filter, withdraw, or disable route announcements that fail validation or pose an operational risk to the network. Furthermore, Nova86 L.L.C. does not issue Letters of Agency (LOAs) except where explicitly required by law.

Cancellation

Clients wishing to cancel a service must do so by submitting a formal cancellation request via our billing panel or by emailing support@Nova86.net. Once a cancellation request is processed, all data and services associated with that request are permanently deleted and are not recoverable.

Termination

We reserve all rights to terminate your server or service upon any violation of these terms, or on any other basis deemed necessary to protect the network. If we discover your server utilizing systems designed to bypass resource limits, your service is subject to immediate termination without refund. Services suspended for non-payment will be permanently terminated three (3) days after the initial due date. Nova86 L.L.C. cannot restore data once a termination or cancellation has been processed. Reinstatement of a terminated account, if permitted, may incur a reactivation fee.

Third-Party Services

If you choose to enable, access, or use third-party services, be advised that your access and use are governed solely by the terms and conditions of those third parties. We do not endorse, are not responsible or liable for, and make no representations regarding any aspect of such third-party services, including their content, data handling practices, or your interaction with them. You irrevocably waive any claim against Nova86 L.L.C. with respect to third-party services.

Nova86 L.L.C. is not liable for any damage or loss caused (or alleged to be caused) by your use of third-party services or your reliance on their privacy practices or security processes. Enabling third-party integrations expressly permits Nova86 L.L.C. to disclose your data as necessary to facilitate that service.

Links to Other Websites

Although our website may link to other websites, we are not directly or indirectly implying any approval, association, sponsorship, endorsement, or affiliation unless specifically stated. Some links may be "affiliate links," meaning Nova86 L.L.C. receives a commission if you purchase an item through them. We are not responsible for evaluating the offerings of third-party websites and assume no liability for their actions, products, services, or content. Linking to off-site pages is strictly at your own risk.

Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Nova86 L.L.C. or third parties. All rights, titles, and interests in such property remain solely with Nova86 L.L.C. (or the respective third party). All trademarks, service marks, graphics, and logos used in connection with our website or services are registered trademarks of Nova86 L.L.C. or its licensors. Your use of our services grants you no right or license to reproduce or use any Nova86 L.L.C. or third-party trademarks. You must not infringe, violate, dilute, or misappropriate any material subject to copyright, trademark, trade secret, or proprietary information laws.

DMCA & Copyright Infringement

Nova86 L.L.C. fully complies with the Digital Millennium Copyright Act (DMCA). Copyright owners who believe their material is hosted on our network in violation of U.S. copyright law may submit a formal takedown notice to:

DMCA Agent

Nova86 L.L.C. legal@Nova86.net

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Nova86 L.L.C., its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages. This includes, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity, however caused, under any theory of liability (contract, tort, warranty, statutory duty, negligence, or otherwise), even if Nova86 L.L.C. has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the aggregate liability of Nova86 L.L.C. relating to the services will be limited to an amount greater of one dollar ($1.00) or any amounts actually paid in cash by you to Nova86 L.L.C. for the prior one-month period prior to the first event giving rise to such liability.

Nova86 L.L.C. will not be held liable for the actions, negligence, or illegal acts of the client/user. Furthermore, we are not responsible for delays or failures in performance caused by acts of God, war, terrorism, strikes, labor disputes, fires, governmental actions, or any other cause beyond our reasonable control.

Indemnification

You agree to indemnify, defend, and hold harmless Nova86 L.L.C. and its affiliates, directors, officers, employees, and agents from any liabilities, losses, damages, or costs (including reasonable attorneys' fees) incurred in connection with or arising from third-party allegations, claims, actions, disputes, copyright infringements, defective products sold via your hosted services, or any willful misconduct or negligence on your part relating to your use of our services.

Security

Nova86 L.L.C. employs reasonable security measures to protect customer data and network infrastructure. However, you are ultimately responsible for maintaining the security of your account and protecting your credentials. You agree not to share your password and to change it regularly.

You agree not to engage in any activity that compromises the security of our network or our customers, including but not limited to:

●       Hacking or attempting to hack into our systems or the systems of others.

●       Using unauthorized access methods.

●       Distributing malware, viruses, or harmful code.

●       Engaging in brute-force attacks or automated exploits.

Network Abuse and Law Enforcement Cooperation

Nova86 L.L.C. may actively block, filter, or rate-limit traffic to preserve network integrity or mitigate abuse, including DDoS attacks, spam, or unauthorized usage. We reserve the absolute right to share subscriber information with law enforcement agencies in response to valid subpoenas, court orders, or legal investigations.

Uptime Guarantee & Service Availability

Nova86 L.L.C. guarantees a minimum of 99% uptime for its shared hosting services. If the uptime falls below this threshold, we will credit your account for the downtime in accordance with internal SLA policies.

Service Availability Disclaimer: Nova86 L.L.C. does not guarantee uninterrupted, error-free, or continuous service unless expressly stated otherwise in a formalized, written Service Level Agreement specific to your service tier.

Warranties and Disclaimers

Nova86 L.L.C. provides its services strictly on an "as is" and "as available" basis without any warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.

Governing Law and Dispute Resolution

Mediation: In the event of any dispute, claim, or controversy arising out of or relating to this

Agreement, your use of Nova86 L.L.C.’s services, or any communications between you and Nova86 L.L.C., the parties agree to first attempt to resolve the matter through good-faith mediation. Either party may initiate mediation by providing written notice to the other. Mediation shall be conducted by a neutral mediator mutually agreed upon, or, if no agreement can be reached, by a mediator appointed by the American Arbitration Association (AAA) or another reputable organization.

Binding Arbitration: If the dispute is not resolved through mediation within thirty (30) days (or another mutually agreed period), the dispute shall then be resolved exclusively by binding arbitration. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and shall take place in Colorado, unless both parties agree otherwise in writing. The decision of the single neutral arbitrator shall be final and binding. Judgment on the arbitration award may be entered in any court having proper jurisdiction.

Governing Law: The formation, interpretation, and performance of this Agreement, shall be governed by and construed in accordance with the substantive and procedural laws of the State of

Colorado, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Court Jurisdiction Exceptions: Notwithstanding the arbitration requirement, Nova86 L.L.C. reserves the right to bypass mediation and arbitration and exclusively utilize the state and federal courts located in Colorado strictly for the following purposes:

●       Enforcing arbitration awards.

●       Pursuing the collection of unpaid debts.

●       Seeking abuse-related injunctions to protect the network.

●       Resolving non-arbitrable legal matters.

For such specific actions, you hereby submit to the exclusive personal jurisdiction of the courts located in Colorado and waive any right to a jury trial.

Waiver of Class Actions: You agree that any arbitration or proceeding shall be conducted solely in your individual capacity, and not as a class action, collective action, or other representative proceeding. You expressly waive your right to file or participate in a class action. Each party shall bear its own costs and attorney’s fees associated with dispute resolution unless otherwise determined by the arbitrator or required by law.

Assignment

You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations under this Agreement without our prior written consent. Any such unauthorized assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder to a third party as part of a merger, acquisition, or sale of assets.

Entire Agreement

This Agreement, along with our officially published Privacy Policy, constitutes the entire agreement between you and Nova86 L.L.C.. It supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the subject matter herein.

Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be struck or modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the website or our services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are strictly unauthorized to use or access the website and its services.

Electronic Acceptance: Registering an account, placing an order, paying an invoice, or actively using our services constitutes electronic acceptance of this Agreement, which is legally equivalent to a handwritten signature.

Changes and Amendments

We reserve the right to modify this Agreement or its policies at any time. Changes become effective immediately upon the posting of an updated version of this Agreement on the website. When we make updates, we will post a notification on the main page of our website. Your continued use of the website or services after any such changes shall constitute your absolute consent to those changes.

Contact Information

All official inquiries, legal notices, or support requests should be directed to the appropriate department below.

●       Privacy & Data Requests: privacy@Nova86.net

●       Abuse & Security Incidents: abuse@Nova86.net

●       Legal & Law Enforcement Inquiries: legal@Nova86.net

●       Network Operations (NOC): noc@Nova86.net

●       Customer Support: support@Nova86.net

●       Other/Misc: hello@Nova86.net

Registered Agent & Official Service of Process

All legal notices and formal Service of Process must be directed to our registered agent on file in the State of Colorado:

Nova86 L.L.C.

RE: Nova86 L.L.C.

2519 S Shields St STE 1K #167

Fort Collins, CO 80526

United States