Terms & Conditions
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 for a small charge. These systems are governed by all of 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 will provide a partial refund after deducting any applicable product setup fees. Refund processing may take up to 7 business days. Dedicated servers and discounted products are nonrefundable. No prorated 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 during any one-month period. For a full summary and explanation of terms related to this guarantee, please view the Service Level Agreement, which shall be included in these Terms of Service as an Exhibit.
Acceptable Use 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 one 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 FXVPS Pro 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:
Using our servers for hashing or cryptocurrency mining is strictly prohibited.
The distribution, sale, or hosting of any illegally obtained or cracked software, “warez,” “nulled scripts,” and any otherwise unauthorized software.
Maintaining services or infrastructure intended to scam, steal from, coerce, or otherwise deceive users. Engaging in criminal or otherwise malicious network activity involving FXVPS Pro’s network or any connected network.
Spam and Unsolicited Commercial Email (UCE)
FXVPS Pro does not tolerate the sending of unsolicited commercial email (UCE) or spam through our network or services. Customers may not use, or permit others to use, our network to distribute UCE. Customers also may not host, or permit the hosting of, websites or information advertised through UCE sent 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. The subscriber will then 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 using their hosting services.
All services provided by FXVPS Pro must be paid for in advance of service delivery.
Failure to Submit Payment
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 the customer’s services and delete all hosted data at 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 alternative payment terms, if necessary, to avoid account suspension or termination.
Account Cancellation
A customer may cancel their account at any time by contacting FXVPS Pro Customer Service through the Customer Portal or directly at [email protected]. Requests for account cancellation are reviewed by FXVPS Pro Customer Service representatives to protect the integrity of our service; all account cancellation requests will be honored. Upon cancellation, all hosted data and services will be immediately terminated, and FXVPS Pro will cease to provide service or support to the customer. The customer 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 they place on it. FXVPS Pro will not be responsible for providing backups of any specific file or VPS system following loss caused by customer negligence or any other 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 serve as up-to-date backups of customer data.
Although FXVPS Pro backups may include customer data for recovery from disasters and critical system failures, subscribers must not rely on these backups, and FXVPS Pro does not guarantee that any backup can be provided directly to a customer.
Subscriber Acknowledgements & Risk Disclosure
The subscriber acknowledges that hosting services may be interrupted for many reasons other than the negligence of FXVPS Pro and that damages resulting from any interruption are impossible to quantify objectively. The subscriber agrees that FXVPS Pro shall not be liable for damages arising from causes beyond the direct and exclusive control of FXVPS Pro. The subscriber also agrees that FXVPS Pro’s total liability for any losses sustained by the customer shall not exceed an amount equivalent to the charges payable by the subscriber for services during the period in which the damages occurred. In no event shall FXVPS Pro be liable for any special or consequential damages, loss, or injury.
The subscriber acknowledges that, if they intend to engage in live trading activity through FXVPS Pro’s network, they have obtained adequate training and education to trade responsibly. The subscriber acknowledges that Forex trading and the trading of other financial instruments are recognized as high-risk activities and that VPS hosting does not reduce those risks. Although FXVPS Pro and its staff will make every reasonable effort to assist customers in maintaining their trading environments, including related hardware and software settings, the subscriber agrees that FXVPS Pro shall not be held responsible for trading-related losses resulting from trades executed on systems hosted by FXVPS Pro.
IP Addresses
FXVPS Pro assigns each subscriber one 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)
The 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 the subscriber’s bandwidth usage, and customers may view a continuously 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 when they are approaching or have exceeded resource limits via email by FXVPS Pro’s automated notification system.
System and Network Security
Subscribers and network users are prohibited from violating or attempting to violate the security of FXVPS Pro’s network, servers, and other systems. Violations of system or network security may result in civil or criminal liability. FXVPS Pro will investigate incidents that may involve such violations and may cooperate with law enforcement authorities in prosecuting subscribers involved in them. 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 email or transmission. Taking any action in order to obtain services to which the subscriber is not entitled.
DDoS (Distributed 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 to 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 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 that 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 the Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to the 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.