Terms & Contitions
Renewing Service Subscriptions
Services may be renewed at any time, at the discretion of the customer, by accessing the Customer Portal’s “My Invoices” section. Invoices for services will be generated and delivered to customers via email approximately 14 days before renewal payments are due, and may be paid at any time convenient for the customer. Payment of automatically-generated invoices for future services will automatically extend the related services.
Trial Systems
FXVPS.PRO may provide trial (demo) systems to new customers at small charge. These systems are governed by all if the terms and conditions described in this ToS. Availability of trial systems is not guaranteed, and access to trial systems may be restricted at any time.
Refunds
If you are not satisfied within your first 3 days we would be happy to provide you with a partial refund – fee s that applies to product setup cost, refund time may take upto 7 working days. Dedicated Servers and discounted products are nonrefundable. No pro-rated refunds are offered.
99.99% Availability Guarantee
FXVPS.PRO provides a full guarantee that customer services will be available at least 99.99% of the time in any 1-month period. For full summary and explanation of terms related to this guarantee, please view the Service Level Agreement, which shall be included within this Terms of Service as an Exhibit.
Acceptable Usage of VPS Systems
Acceptable Use Policy
Although FXVPS.PRO’s service is provided as hosting for trading applications and other financial software, customers may operate any legally obtained software on their VPS systems. VPS systems provided by FXVPS.PRO are provided “unlocked” and without limitations on OS user privileges. Customers are discouraged from hosting websites and media applications, and may be contacted by FXVPS.PRO Customer Service if abnormal levels of network traffic are detected.
Hardware Resource Scheduling
FXVPS.PRO provides virtualized server instances (virtual machines or VMs), which are allocated portions of the physical hardware resources of host machines. FXVPS.PRO’s virtualization platform is designed to guarantee the availability of resource allocations provided for each VM; however, it is possible that 1 VM may abuse system resources by demanding an over-allocation of host system resources, in a way that negatively impacts the performance of neighboring VMs. Resource allocation and utilization will be continuously monitored by FXVPSPRO, in order to prevent the possibility of resource abuse. FXVPS.PRO may immediately suspend any VM that is seen to be abusing host system or network resources in the manner described above.
Prohibited Uses
FXVPS.PRO explicitly prohibits the following uses of its network
and services:
We sticktly prohibited to use our server for hashing or crypto
mining.
The distribution, sale, or hosting of any illegally obtained or
cracked software, “warez,” “nulled scripts,” and any otherwise
unauthorized software.
Maintaining services or infrastructure for services intended to
scam, steal from, coerce, or otherwise deceive users. Engagement
in criminal or otherwise malicious network activity involving
FXVPS.PRO’s network, or other networks it is connected to. SPAM
and Unsolicited Commercial Email (UCE)
FXVPS.PRO does not tolerate the sending of Unsolicited
Commercial Email (UCE) or SPAM via our network and services.
Customers of FXVPS.PRO may not use, or permit others to use, our
network to partake in UCE distribution. Customers of FXVPS.PRO
may not host or permit hosting of sites or information that is
advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy,
FXVPS.PRO will initiate an immediate investigation. During the
investigation, FXVPS.PRO may restrict customer access to the
network to prevent further violations. Subscriber will
thereafter be advised of the situation. If a subscriber is found
to be in violation of this ToS, FXVPS.PRO may, at its sole
discretion, unilaterally restrict, suspend or terminate the
violating customer’s account. Further, FXVPS.PRO reserves the
right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. FXVPS.PRO
will notify law enforcement officials if the violation is
believed to be a criminal offense.
Payment for Services
Establishment of service is dependent upon FXVPS.PRO’s receipt
of payment for services. After the initial subscription payment,
subsequent payments will be due on the anniversary date of
service subscription, according to the billing cycle selected by
the customer. Although services are provided on a subscription
model, all payments are made without contract for future payment
terms, and subscribers are not obligated to renew services
unless they wish to continue the usage of their hosting
services.
All services provided by FXVPS.PRO must be paid for in advance
of service delivery.
Failure to Submit Payment(s)
All services provided by FXVPS.PRO are provided with distinct
renewal and payment terms. Should customers fail to remit
payments for additional periods of service after the initial
billing period, the particular services with overdue payments
will be suspended. FXVPS.PRO will permanently terminate customer
services and all hosted data any time after 3 days of
non-payment (usually after 10 days of non-payment). Customers
are encouraged to contact FXVPS.PRO Billing staff to arrange
alternate payment terms, if necessary to avoid account
suspension or termination.
Account Cancellation
A customer may cancel his or her account at any time by contacting FXVPS.PRO Customer Service via the Customer Portal, or directly at [email protected] . Requests for account cancellation are reviewed by FXVPS.PRO Custom Service representatives to ensure integrity of our service; all account cancellation requests will be honored. Upon account cancellation, all hosted data and services will be immediately terminated, and FXVPS.PRO will cease to provide service or support for the customer. Upon account cancellation, customers will no longer be eligible for any benefits or guarantees provided by FXVPS.PRO.
Data Integrity
The subscriber is responsible for maintaining a complete and
current copy of their VPS and any files or software placed there
by the customer. FXVPS.PRO will not be responsible for providing
backups of any specific file, or VPS system, due to loss by
customer negligence or another event. FXVPS.PRO is NOT
RESPONSIBLE for any files, software, or other data lost by the
customer.
FXVPS.PRO makes regular internal backups of internal
system configurations, host server configurations, and
databases. These backups are not intended to keep up-to-date
backups of customer data.
Although FXVPS.PRO backups may include customer data for the
purpose of recovery from disasters and critical system failures,
these backups are not to be relied on by the subscriber, nor
does FXVPS.PRO guarantee that any such backup can be provided
directly to a customer.
Subscriber Acknowledgements & Risk Disclosure
Subscriber acknowledges that the hosting services provided are
of such a nature that service may be interrupted for many
reasons other than the negligence of FXVPS.PRO, and that damages
resulting from any interruption of service are impossible to
objectively quantify. Subscriber agrees that FXVPS.PRO shall not
be liable for any damages arising from such causes beyond the
direct and exclusive control of FXVPS.PRO. Subscriber agrees
that FXVPS.PRO’s total liability for any losses sustained by the
customer may not in any event exceed an amount equivalent to
charges payable by subscriber for services during the period
damages occurred. In no event shall FXVPS.PRO be liable for any
special or consequential damages, loss, or injury.
Subscriber acknowledges that if he or she intends to engage in
live trading activity via FXVPS.PRO’s network, that he or she
has obtained adequate training and education to conduct such
trading responsibly. Subscriber acknowledges that forex trading
and the trading of other financial instruments are recognized as
high-risk activities, and that such activities are in no way
made less risky with the use of VPS hosting. While FXVPS.PRO and
its staff will do everything possible to assist customers in
maintaining their trading environments insofar as the
maintenance of hardware and software settings is concerned, the
subscriber agrees that FXVPS.PRO shall not be held responsible
for any trading-related losses that result from the execution of
trades on systems hosted by FXVPS.PRO. *Network
*IP Addresses
FXVPS.PRO assigns each subscriber 1 or more unique IP addresses
for each VPS unit. The right to use and broadcast from IP
addresses assigned by FXVPS.PRO shall belong only to FXVPS.PRO,
and the subscriber shall have no right to use IP addresses
except as permitted by FXVPS.PRO. FXVPS.PRO shall maintain and
control ownership of all IP numbers and addresses that may be
assigned to subscribers by FXVPS.PRO. FXVPS.PRO reserves the
right to change or remove any such IP addresses at its sole and
absolute discretion, at any time.
Data Transfer (Bandwidth)
Subscriber agrees that bandwidth, measured in total megabytes
sent plus total megabytes received, shall not exceed the maximum
number of megabytes per month for the service plan subscribed to
by the customer (“Agreed Usage”). FXVPS.PRO will monitor
subscriber’s bandwidth usage, and customers may view a
live-updated record of their usage within the Customer Portal.
In the event of a bandwidth overage, the customer’s system may
be automatically suspended or restricted. Customers will be
warned of approaching or exceeded resource limits via email by
FXVPS.PRO’s automated notification system.
System and Network Security
Subscribers or any network users are prohibited from violating,
or attempting to violate, the security of FXVPSPRO’s network,
servers, and other systems included therein. Violations of
system or network security may result in civil or criminal
liability. FXVPSPRO will investigate occurrences which may
involve such violations and may involve and cooperate with law
enforcement authorities in prosecuting subscribers who are
involved in such violations. These violations include, but are
not limited to:
Accessing private or unauthorized data belonging to FXVPS.PRO or
other customers. Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization.
Attempting to interfere with the service of any FXVPS.PRO
subscriber, host or network, including, without limitation, via
means of resource abuse, network abuse, or brute force.
Forging any TCP/IP packet header or any part of the header
information in any e-mail or transmission. Taking any action in
order to obtain services to which subscriber is not entitled.
DDoS (Denial of Service) and Abuse Complaints
FXVPS.PRO reserves the right to block connections to and from
any services involved in sending or receiving DDoS (Distributed
Denial of Service) attacks and any other form of packet
flooding, network interference, or malicious network activity.
Services will be suspended for an amount of time necessary to
mitigate attacks and ensure that network stability has been
recovered. During emergencies, customers may not be warned in
advance of service suspensions due to abuse complaints.
FXVPS.PRO reserves the right to immediately suspend or terminate
any service that is deemed to be directly involved in producing
malicious network activity, or any service that is reasonably
deemed to be a risk to the stability of FXVPS.PRO’s network.
Intellectual Property Provisions
Subscribers of FXVPS.PRO’s services are prohibited from storing
or posting content or links to content that infringes upon, or
otherwise violates the intellectual property rights of third
parties. This includes trademark, patent, and copyright
infringements.
All content provided within or via this website is protected by
US and international copyright laws, patent laws, trademark
regulations and laws, and various intellectual property laws and
international treaties and agreements. No intellectual property
of any nature contained within or via this website may be
copied, published, reverse engineered, decompiled, exchanged,
traded, or broadcast in any way without the written permission
of FXVPS.PRO.
Suspension of Service
FXVPS.PRO reserves the right to suspend network access to any subscriber if, in the judgment of FXVPS.PRO, the subscriber’s account is the source or target of a violation of any of the terms of the ToS, or for any other reason which FXVPS.PRO deems necessary to guarantee the stability of customer services. If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until an investigation has been completed. Multiple violations of the ToS will result in permanent suspension of the related account, without any option for refund. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer’s ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.
Disclosure to Law Enforcement
This ToS specifically prohibits the use of FXVPS.PRO services for illegal or otherwise malicious activities. The subscriber agrees that FXVPS.PRO may disclose any and all subscriber information, including assigned IP numbers, account history, billing records, etc., to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other court order, without consent or notification to the subscriber.
Indemnification
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
Severability
If any provision of this ToS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this ToS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.