You agree to use all TradingFXVPS.com services and facilities at your own risk. TradingFXVPS.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall TradingFXVPS.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold TradingFXVPS.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against TradingFXVPS.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TradingFXVPS.com against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with TradingFXVPS.com’s server.
SERVICE FEE AND BILLING
- Customer agrees to pay all charges, fees and other amounts due under this Agreement in US dollars.
- Any additional payment by customer will be converted to credit automatically. Credit is non-refundable and available for lifetime.
- Customer agrees to pay for all hosting services rendered in advance of each service term. Before 14 days the end date of your paid term an invoice will be sent automatically to your email. You will have 14 days to pay the bill. Also, a reminder will be sent 7 days before the invoice due date.
- Unless otherwise stated in an Order Form or any service description, the initial term of this Agreement shall be month-to-month, commencing on the service order date and shall automatically renew each month thereafter.
- Non-payment of service fees will result in suspension followed by termination of service. On the invoice due date you will receive a notification email about missed payment. Then you will have 24 hours to arrange for a payment, otherwise your server will be switched off and terminated permanently in 48 hours.
- All plans include a 30 day money back guarantee . – that applies to fully paid VPS products. Semi-Dedicated Servers, Dedicated Servers and discounted products are nonrefundable.. While customers may cancel service and billing at any time, refunds for payments made are not given after the initial 3 day period. No pro-rated refunds are offered
PROHITBIED USES OF SERVICES AND PRODUCTS
- Pornography and pornographic related merchandising are prohibited under all the TradingFXVPS.com’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, P2P file sharing, Torrent sharing/seeding, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware.
- Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
- Introduction of malicious programs into the TradingFXVPS.com’s network or server (e.g., viruses and worms).
- Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access.
- Billing: Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document “use” of the TradingFXVPS.com’s Services and Products.
- COM does not tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM via our network and services. Customers of TRADINGFXVPS.COM may not use, or permit others to use, our network to partake in UCE distribution. Customers of TRADINGFXVPS.COM 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, TRADINGFXVPS.COM will initiate an immediate investigation. During the investigation, TRADINGFXVPS.COM 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, TRADINGFXVPS.COM may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer’s account. Further, TRADINGFXVPS.COM reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TRADINGFXVPS.COM will notify law enforcement officials if the violation is believed to be a criminal offense.
SERVICE LEVEL AGREEMENT
TradingFXVPS commit to service availability entirely, which assure the performance of our server are in best condition at all time. We provide the following service level guarantees, and observes the following penalties when service level guarantees are breached. TradingFXVPS guarantees that services hosted on our networks will be available to you 100% at any time. Availability is defined as the ability of an external system or user to communicate with services hosted on our networks via RDP, or another protocol.
In the event of downtime, we may apply either account credit or extension to your affected service at the rate of 5% for every 1 hours of downtime. You may make multiple claims in any given month for different periods of downtime up to a maximum of 100% of your monthly payment. For the purpose of claiming SLA credit, downtime starts from the time you notify us of the downtime occurring. All requests must be submitted within 7 days of the reported downtime and must include the ticket number of the service interruption report. To be able to be eligible for receiving extension and/or credit your account must be in good standing with no overdue invoices and must not have breached any part of our terms and conditions.
LIMITATION AND EXCLUSION OF LIABILITY
TradingFXVPS.com will not be liable for any temporary delay, outages or interruptions of the Services. Further, TradingFXVPS.com shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure). TradingFXVPS.com reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. TradingFXVPS.com will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance. Your use of the TradingFXVPS.com’s servers and services is at your sole risk. TradingFXVPS.com is not responsible for files and/or data residing on your VPS Server. You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your VPS server and agree that it is your own (the Customer’s) responsiblity to take backups of data residing on your VPS server.
TradingFXVPS.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by TradingFXVPS.com are resold. Thus, certain equipment, routing, software, and programming used by TradingFXVPS.com are not directly owned or written by TradingFXVPS.com. Moreover, TradingFXVPS.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as TradingFXVPS.com sees fit. FURTHERMORE, TradingFXVPS.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.