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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.
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.
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.
SLA Credits 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.
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.