Terms Of Service

Nova86 L.L.C.

When using the services offered by us ("Nova86 L.L.C.", “Network”, “Organization”, “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, using accounts or services provided by us, you are agreeing to follow and abide by our Terms of Service ("ToS", “Policies”).

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

You understand that violating any part of our ToS may result in your services with us being terminated and any accounts you own with us being permanently suspended. You understand that in the event that the conditions for using our services having been broken, that we do not have any obligation to continue any interactions with you, provide you with reasoning for services or accounts being terminated, accept any appeals, nor liability for any loss that you incur as a result of us terminating your service with us. In any event that you no longer agree to our ToS, you agree to immediately and effectively 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 staff.

Interpretation

The words of which the 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 in plural.

Accuracy of Information

Occasionally, there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate 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 websit,e 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 you are fully responsible for all activities that occur under the

account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our services. To order any of our services, the account holder needs to be the age of eighteen (18) or older. If under eighteen (18), but thirteen (13) years of age or older, you may order any of our services if you have direct permission from a parent or legal guardian. You agree not to bypass any security features that we have installed to uphold this Agreement. Nova86 L.L.C. does not assume any responsibility or liability for any misrepresentations regarding a user's age. Nova86 L.L.C. assumes all account holders are above the required period or have parental/guardian permission, and the liability will fall upon the consent, necessary holders.

Nova86 L.L.C. reserves the right to refuse service to anyone. You must only use our services for lawful purposes and intent, as according to the United States federal and Colorado state law. We do not permit any such 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. If anything is illegal in the United States of America, it is not permitted to reside on our products and services. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal thread, or violates export control laws. Nova86 L.L.C. reserves the right to identify any non-acceptable content or links. If you are found to be using our services for illegal activities and/or content, your account will be suspended and/or terminated. By participating in anything owned by Nova86 L.L.C., we may disclose any information assigned to your identity to law enforcement.

Providing false contact information of any kind may result in the termination of your account or the request for identity verification through a 3rd party processor. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any 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 would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address and Internet protocol 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 for services after twenty-four (24) hours of the due date will be suspended. Invoices with no verified payment for services after three (3) days of the due date will be terminated. If auto-renewal is enabled for the services you have subscribed for, 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 to the time you notify Nova86 L.L.C. to request for termination of all services. An account termination does not forgive debts owed to Nova86 L.L.C. and the client is expected to pay these debts as well as any court or collection fees that may be applicable.

Nova86 L.L.C. may offer promotional rates or exclusive offers, which may have terms that are more favorable than the terms of service. Users are not permitted to replace a service to gain a promotional discount or offer. Some 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 you place with us. 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 make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, Discord account, billing address, and/or phone number provided at the time the order was made. We may also contact you regarding account invoices, payments, and other important information via the phone number on the account.

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

1. a copy of your valid government-issued photo identification,

2. and possibly a copy of a recent bank statement for the credit or debit card used for the purchase

Chargebacks or disputes will result in an instant server suspension and revoke any right to refund. Refund request must be made via a support ticket on our helpdesk. All other requests will be disregarded.

Refunds

Tritan offers a twenty-four (24) hour guarantee refund policy. Services are eligible for refund if within the twenty-four (24) hour time period of placing the order and payment is received. If outside a twenty-four (24) hour time period, a refund will not be administered. Services that are not possible for refund requests are domains, dedicated servers, colocation, and add-ons, unless an extraordinary circumstance that is subject to Nova86 L.L.C.'s approval. Nova86 L.L.C. will ask the reasoning for the cancellation for feedback purposes to improve our services that we offer. In the event of a Terms of Service or Acceptable Usage Policy violation, all refund requests are automatically void by the client accused of the violation. Additionally, Nova86 L.L.C. reserves the right to deny a refund request in the event of an erroneous payment due to the client’s failure to cancel an automated subscription. All refund requests are subject to approval of Nova86 L.L.C.'s management team.

Refunds are not available for service interruptions caused by customer actions, abuse violations, or events outside our control (force majeure).

Refund requests must be made within 24 hours for shared hosting or VPS products only. Dedicated servers, colocation, domains, and IP allocations are non-refundable.

Services are eligible for full refund that meet the following prerequisites:

1. Refund is requested within twenty-four (24) hours of the creation of the product; Refund request is made with legitimate reasoning;

2. Product or service is not paid using a promotional discount that takes more than 25% off the original price of the service when ordering,

3. and product or service is not an upgrade.

Acceptable Use Policy

Clients are responsible for complying with the policies of Nova86 L.L.C.. Failure to do so may result in suspension and/or termination. By using our services, you agree to abstain from the following, but not limited to, actions:

Security Violations:

1. Denial of Service (DoS) attacks

2. Distributed Denial of Service (DDoS) attacks

3. Hacking or unauthorized access to computer systems

4. Malware distribution or use

5. Phishing or other forms of social engineering

6. IP spoofing or other forms of network deception

Illegal Activities:

1. Copyright infringement

2. Trademark infringement

3. Patent infringement

4. Software piracy

5. Spamming

6. Child pornography or other illegal content

7. Identity theft

Resource Abuse:

1. Excessive CPU, memory, or disk space usage

2. Excessive bandwidth consumption

3. Running resource-intensive applications or scripts

4. Bypassing fair usage policies or quotas

Harmful Conduct:

1. Cyberbullying, harassment, or threats

2. Hate speech or discrimination

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

Network Integrity:

1. Port scanning or vulnerability scanning without authorization from both the sender and receiver

2. Network probing or scanning

3. Interference with network services or infrastructure

Other Prohibited Activities:

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

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

3. Any activity that violates applicable laws or regulations

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 termination of service.

1. Security Best Practices: We encourage all users to follow best practices for cybersecurity, such as using strong, unique passwords, keeping software up-to-date, and being cautious of phishing attempts.

2. Cooperation with Law Enforcement: Nova86 L.L.C. may cooperate with law enforcement agencies in investigations related to illegal activities conducted through our services.

3. By using our services, you agree to comply with this Acceptable Use Policy and any other policies or guidelines that may be issued by Nova86 L.L.C..

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 twenty-four (24) hours to respond to an abuse report ticket with a solution and explanation of the documented abuse. Clients that fail to respond to an abuse report within twenty-four (24) hours may be subject to suspension of their service until the abuse report is solved. If the abuse is not resolved, Nova86 L.L.C. reserves the right to termination, and banishment from Nova86 L.L.C.'s network.

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 create all services in stock on a best effort SLA after payment is received and processed, but this is not always possible due to factors out of our control. Some include: client passwords not meeting the sufficient requires, clients not completing the order form correctly, and payment not being verified resulting in it not being accepted by our system. We do promise to install all operating systems selected when ordering a service free of charge, but cannot guarantee installation of other operating systems requested.

Support Obligation

Nova86 L.L.C. strives to support all services offered. However, Nova86 L.L.C. provides unmanaged support unless otherwise stated. We reserve the right to offer semi-managed and/or managed support to selective clients. Our unmanaged support means that we will not perform daily tasks like installing servers, setting up software, etc. We will however aid with technical errors and any issues caused by our services.

Technical errors and issues caused by our services are completely up to our discretion. We reserve the right to deny support to any client.

Unmanaged support means Nova86 L.L.C. is responsible only for maintaining hardware and network functionality. Clients are responsible for software configuration, security patches, and system management.

Colocation

All colocation clients are subject to ensuring that all invoices are paid until they are able to request for equipment to be returned in the event of a cancellation. Remote hands are offered to customers and billed directly from the datacenter. The standard rate for remote hands is $150 per hour. Nova86 L.L.C. reserves the right to alter the remote hands fee based on the action requested.

In the event of cancellation, clients will be charged a de-racking and shipping fee of

$150 per hour. Packaging materials will be provided if requested but are subject to availability. Clients have the option of providing a shipping label to be used, or the company will provide a shipping label and add the cost to the de-racking fee. In the event a colocation service is canceled or terminated, the client agrees to immediately vacate all client equipment from the assigned colocation space. Clients must pay any remote hands fees, listed above, associated with the removal of their equipment. If a client does not remove his or her equipment within 30 days of service termination, the equipment will be considered abandoned. As a result, Nova86 L.L.C. reserves the right to immediately remove, discard, and/or liquidate any abandoned equipment. The client bears the responsibility for any costs associated with removal, disposal, and/or liquidation of abandoned equipment. Any proceeds from potential 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 data center or while shipping.

Nova86 L.L.C. is not responsible for damages to client hardware caused by electrical surges, power failures, or handling by third-party datacenter staff.

Licensing

All clients are responsible for providing legitimate/legal licenses for services installed on Nova86 L.L.C.'s network. We specifically do not offer Windows licenses, which requires the client to bring their own license. Nova86 L.L.C. is not responsible for providing any licenses. All clients are responsible for software installed that requires a license.

Backups

We are not responsible for Content residing on our services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain an appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available. We may perform internal backups for disaster recovery, but these are not guaranteed nor accessible by clients unless explicitly stated in your service plan.

Bandwidth/Storage Policy

While we offer unlimited/unmetered bandwidth and storage to our customers we reserve the right to remove excessive file(s) such as large logs, redundant backups, or other files that may impact the node or limit bandwidth traffic to a specific user if unusual spikes in network activity lead to a negative impact on other users operating on a Nova86 L.L.C. service. We also may apply a soft limit to your plan due to software constraints, however limits may be raised at anytime via support. In the event of a bandwidth limit is reached, the client agrees to pay a charge of exactly $2.00 per terabyte (TB) of usage beyond the present monthly bandwidth limit, or the service will be suspended until the next payment period.

IP Address Assignment

Nova86 L.L.C. shall maintain ownership and control of all IPv4/IPv6 addresses assigned to you. We reserve, with sole discretion, the right to change, remove, or banish any IP addresses from your use.

IP addresses assigned to clients remain the property of Nova86 L.L.C. and may be reclaimed or reallocated upon service termination or policy violation.

Cancellation

Clients that wish to cancel a service must do so by submitting a cancellation request via our billing panel or helpdesk by emailing support@nova86.net. When a cancellation request is processed, all services associated with the cancellation request are deleted and are not recoverable.

Termination

Additionally, we reserve all rights to terminate your server or service upon any violation of these terms, or any other basis if deemed needed. If we find your server using any sort of system to bypass limits put on your server, your server is subject to being terminated without refund. Services which have been suspended for non-payment will be terminated 3 days after the first invoice was due. Nova86 L.L.C. is not able to restore any data once a cancellation request has been processed or the service has been terminated. Services may be suspended or terminated for non-payment after the due date. Termination for non-payment will result in data loss. Reinstatement may incur a reactivation fee.

Third-Party Services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Nova86 L.L.C. with respect to such other services.

Nova86 L.L.C. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Nova86 L.L.C. to disclose your data as necessary to facilitate the use or enablement of such other service.

Links to Other Websites

Although this website may link to other websites, we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the website may be "affiliate links". This means if you click on the link and purchase an item, Nova86 L.L.C. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this website. Your linking to any other off-site websites is 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, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Nova86 L.L.C. All trademarks, service marks, graphics and logos used in connection with our website or services, are trademarks or registered trademarks of Nova86 L.L.C. or Nova86 L.L.C. licensors. Other trademarks, service marks, graphics and logos used in connection with our website or services may be the trademarks of other third-parties. Your use of our websites and services grants you no right or license to reproduce or otherwise use any Nova86 L.L.C. or third-party trademarks. By using our services, you must not infringe, violate, dilute, or misappropriate any material subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. You may only do so when explicitly permitted by the owner of such rights. Your soul belongs to Nova86 L.L.C., after the purchase or usage of any of our services.

DMCA & Copyright Infringement

Nova86 L.L.C. complies with the Digital Millennium Copyright Act (DMCA). Copyright owners who believe their material is hosted in violation of U.S. copyright law may submit a 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 (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Nova86 L.L.C. has been advised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, the aggregate liability of Nova86 L.L.C. and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount greater of one dollar 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 or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Nova86 L.L.C. will not be held liable for the actions of the client/user. Nova86 L.L.C. will not be responsible for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, an action of government, or any other cause, whether similar or dissimilar, beyond our control.

Nova86 L.L.C. is not responsible for any damages occurred by the client. Nova86 L.L.C. is not responsible for any negligence or illegal acts by the client.

Indemnification

You agree to indemnify and hold Nova86 L.L.C. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, copyright infringements, any defective products sold to a client from Nova86 L.L.C.'s products and services, or demands asserted against any of them as a result of or relating to your content, your use of the websites or services or any willful misconduct on your part.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Colorado, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Colorado, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all its assets or stock or as part of a merger.

Policy Questions

If you would like to contact us to understand more about this agreement or wish to contact us concerning any matter relating to individual rights and your personal information, you may email management at legal@nova86.net.

Security

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

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

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

2. Using unauthorized access methods to gain access to our services.

3. Distributing malware, viruses, or other harmful code.

4. Engaging in brute force attacks or other automated attacks.

Mediation and Arbitration

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 party. The mediation shall be conducted by a neutral mediator mutually agreed upon by both parties, or, if no agreement can be reached, by a mediator appointed by the American Arbitration Association (AAA) or another reputable dispute resolution organization.

If the dispute is not resolved through mediation within thirty (30) days (or another period mutually agreed upon in writing), the dispute shall then be resolved exclusively by binding arbitration. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and shall take place in Sheridan, Colorado, unless both parties agree otherwise in writing.

The arbitration shall be conducted by a single neutral arbitrator, and the arbitrator’s decision shall be final and binding on both parties. The arbitrator shall have the authority to award any remedy or relief that would otherwise be available under applicable law. Judgment on the arbitration award may be entered in any court having proper jurisdiction.

Each party shall bear its own costs and attorney’s fees associated with the mediation and arbitration process, except as otherwise required by law or as determined by the arbitrator.

Notwithstanding the foregoing, Nova86 L.L.C. may pursue collection of unpaid debts, abuse-related injunctions, or actions to protect its network in a court of competent jurisdiction without first engaging in mediation or arbitration.

Waiver of Class and Collective Actions: You agree that any arbitration 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 or seek relief on a class or representative basis.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

Network Abuse and Law Enforcement Cooperation

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

Uptime Guarantee

Nova86 L.L.C. guarantees a minimum of 90% uptime for its shared hosting services. If the uptime falls below this threshold, we will credit your account for the downtime.

Warranties and Disclaimers

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

Governing Language

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America.

Entire Agreement

This Agreement constitutes the entire agreement between you and Nova86 L.L.C. and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement 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 its 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 website and its services.

Changes and Amendments

We reserve the right to modify this Agreement or its policies relating to the website or services at any time, effective upon posting of an updated version of this Agreement on the website. When we do, we will post a notification on the main page of our website.

Continued use of the website after any such changes shall constitute your consent to such changes.

Applicable Laws and Jurisdictions

All disputes, issues, or legal inquiries that arise out of our services shall be governed by the respective laws of the United States. Our ONLY official law enforcement or legal inquiry contact method is legal@nova86.net.

Contact Information

privacy@nova86.net – Privacy & GDPR/CCPA requests
abuse@nova86.net – Abuse and security incidents
legal@nova86.net – Legal and law enforcement inquiries
noc@nova86.net – Network operations
support@nova86.net – Customer support