Services may be resumed at any date, at the discretion of the customer, by bringing in the Customer Portal’s “My Invoices” area. Invoices for services will be generated and distributed to clients via email approximately 14 days before renewal payments are due, and may be paid at any point suitable for the customer. Payment of automatically generated invoices for future services will be automatically extended to the related services.
FXHOSTER may require trial (demo) systems to new customers in a small charge. These systems are regulated by all if the terms and conditions are described in this ToS. Availability of trial systems is not guaranteed, and entry to the trial systems may be restricted at any stage.
If you are not satisfied within your first 3 days, we would be pleased to arrange a partial refund fee that refers to product setup costs. Dedicated servers and discounted products are nonrefundable. No prorated refunds are allowed.
FXHOSTER provides an absolute guarantee that client service will be accessible at least 99.99% of the time in any 1-month period. For full analysis and explanation of terms connected to this guarantee, please view the Service Level Agreement, which shall be added within this Terms of Service as a manifest.
Although FXHOSTER’s service is presented as hosting for trading applications and other commercial software, Customers may operate any legally obtained software on their VPS systems. VPS systems prepared by FXHOSTER are presented “unlocked” and without limitations on OS user privileges. Customers are discouraged from hosting websites and media applications, and may be approached by FXHOSTER Customer Service if abnormal degrees of network traffic are identified.
FXHOSTER provides virtualized server instances (virtual machines or VMs), which are allotted parts of the physical hardware properties of host machines. FXHOSTER’s virtualization platform is arranged to guarantee the availability of resource allocations provided for each VM; however, it is probable that 1 VM may abuse system resources by calling for an over-allocation of host system resources, in a manner that negatively impacts the practice of neighboring VMs. Resource allocation and usage will be regularly supervised by FXVPSPRO, in order to restrict the circumstance of resource misuse. FXHOSTER may immediately discontinue any VM that is perceived to be abusing host systems or network resources in the manner represented above.
FXHOSTER explicitly prohibits the following uses of its network and services: We strictly prohibit the use of our servers for hashing or crypto mining. prohibit to use our server for hashing or crypto mining. The distribution, sale, or hosting of any illegally collected or cracked software, “warez,” “nulled scripts,” and any otherwise unauthorized software. Maintaining services or framework for services aimed to scam, steal from, coerce, or otherwise deceive users. Engagement in criminal or otherwise malicious network activity involving FXHOSTER’s network, or other networks it is connected to.
FXHOSTER does not accept the dispatch of Unsolicited Commercial Email (UCE) or SPAM via our network and services. Customers of FXHOSTER may not use or sanction others to use our network to partake in UCE distribution. Customers of FXHOSTER may not host or permit hosting of sites or information that is promoted by UCE from other networks.
Upon notification of an alleged transgression of our SPAM policy, FXHOSTER will initiate an immediate investigation. During the investigation, FXHOSTER 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, FXHOSTER may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer’s account. Further, FXHOSTER reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. FXHOSTER will notify law enforcement officials if the violation is believed to be a criminal offense.
Establishment of service is dependent upon FXHOSTER’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 FXHOSTER must be paid for in advance of service delivery.
All services provided by FXHOSTER are presented with distinct renewal and payment terms. Should customers fail to remit payments for additional periods of service after the original billing date, the specific services with delinquent payments will be suspended. FXHOSTER will permanently terminate customer services and all hosted data any moment after 3 periods of non-payment (usually after 10 days of non-payment). Customers are encouraged to contact FXHOSTER Billing staff to prepare alternate payment terms if needed to avoid account suspension or expiry.
A customer may cancel his or her account at any point by contacting FXHOSTER Customer Service via the Customer Portal, or directly at [email protected]. Requests for account cancellation are examined by FXHOSTER Custom Service members to ensure the integrity of our function; all account cancellation requests will be honored. Upon account cancellation, all hosted data and services will be instantly terminated, and FXHOSTER will cease to provide service or support for the customer. Upon account cancellation, clients will no longer be eligible for any aids or guarantees provided by FXHOSTER.
The subscriber is responsible for maintaining a complete and current copy of their VPS and any files or software placed there by the customer. FXHOSTER will not be responsible for providing backups of any specific file, or VPS system, due to loss by customer negligence or another event.
. FXHOSTER is NOT RESPONSIBLE for any files, software, or other data lost by the customer.
. FXHOSTER 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 FXHOSTER 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 FXHOSTER guarantee that any such backup can be provided directly to a customer.
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 FXHOSTER and that damages resulting from any interruption of service are impossible to objectively quantify. Subscriber agrees that FXHOSTER shall not be liable for any damages arising from such causes beyond the direct and exclusive control of FXHOSTER. Subscriber agrees that FXHOSTER’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 damage occurred. In no event shall FXHOSTER be liable for any special or consequential damage, loss, or injury.
Subscriber agrees that if he or she intends to employ in live trading activity via FXHOSTER’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 commercial 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 FXHOSTER 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 FXHOSTER shall not be held responsible for any trading-related losses that result from the execution of trades on systems hosted by FXHOSTER.
*Network
*IP Addresses
FXHOSTER assigns each subscriber 1 or more unique IP addresses for each VPS unit. The right to use and broadcast from IP addresses assigned by FXHOSTER shall belong only to FXHOSTER, and the subscriber shall have no right to use IP addresses except as permitted by FXHOSTER. FXHOSTER shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by FXHOSTER. FXHOSTER reserves the right to change or remove any such IP addresses at its sole and absolute discretion, at any time.
Subscriber agrees that bandwidth, measured in total megabytes sent plus total megabytes received, shall not outpace the maximum number of megabytes per month for the maintenance plan subscribed to by the client (“Agreed Usage”). FXHOSTER will monitor subscriber’s bandwidth usage, and clients 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 immediately suspended or restricted. Customers will be alerted of approaching or exceeded resource limits via email by FXHOSTER’s automated warning system.
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 FXHOSTER 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 FXHOSTER 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 achieve services to which subscriber is not entitled. DDoS (Denial of Service) and Abuse Complaints
FXHOSTER 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. FXHOSTER 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 FXHOSTER’s network.
Subscribers of FXHOSTER’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 FXHOSTER.
FXHOSTER reserves the right to suspend network access to any subscriber if, in the judgment of FXHOSTER, 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 FXHOSTER deems necessary to guarantee the stability of customer services. Whether an 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 we complete the investigation. Multiple violations of the ToS will proceed in a perpetual termination of the related account without any choice for a 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.
This ToS specifically restricts the use of FXHOSTER services for illegal or otherwise malicious acts. The subscriber agrees that FXHOSTER may disclose any and all subscriber information, including assigned IP numbers, account history, billing reports, etc., to any court or law enforcement agency that requests such information, upon receipt of warrant or other court order, without consent or notification to the subscriber.
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees, and agents, and conforms 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 violation 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.
If any arrangement of this ToS shall be held to be inoperative or unenforceable for any reason, the surviving provisions shall go on to be valid and enforceable. If a court discovers that any provision of this ToS is invalid or unenforceable, but that by reducing such provision it would become valid and enforceable, then such provision shall be presumed to be written, construed, and enforced as so limited.
