I. Service renewals and trials
A. 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.
B. Trial Systems
FXVM 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.
If you are not satisfied within your first 3 days we would be happy to provide you with a full refund - that applies to fully paid VPS products. Dedicated Servers and discounted products are nonrefundable. No pro-rated refunds are offered.
II. 99.99% Availability Guarantee
FXVM 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.
III. Acceptable Usage of VPS Systems
A. Acceptable Use Policy
Although FXVM'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 FXVM are provided "unlocked" and without limitations on OS user privileges. Customers are discouraged from hosting websites and media applications, and may be contacted by FXVM Customer Service if abnormal levels of network traffic are detected.
B. Hardware Resource Scheduling
FXVM provides virtualized server instances (virtual machines or VMs), which are allocated portions of the physical hardware resources of host machines. FXVM'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 FXVM, in order to prevent the possibility of resource abuse. FXVM may immediately suspend any VM that is seen to be abusing host system or network resources in the manner described above.
C. Prohibited Uses
FXVM explicitly prohibits the following uses of its network and services:
- 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 FXVM's network, or other networks it is connected to.
IV. SPAM and Unsolicited Commercial Email (UCE)
FXVM does not tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM via our network and services. Customers of FXVM may not use, or permit others to use, our network to partake in UCE distribution. Customers of FXVM 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, FXVM will initiate an immediate investigation. During the investigation, FXVM 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, FXVM may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, FXVM reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. FXVM will notify law enforcement officials if the violation is believed to be a criminal offense.
V. Payment for Services
Establishment of service is dependent upon FXVM'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 FXVM must be paid for in advance of service delivery.
VI. Failure to Submit Payment(s)
All services provided by FXVM 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. FXVM 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 FXVM Billing staff to arrange alternate payment terms, if necessary to avoid account suspension or termination.
VII. Account Cancellation
A customer may cancel his or her account at any time by contacting FXVM Customer Service via the Customer Portal, or directly at email@example.com. Requests for account cancellation are reviewed by FXVM 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 FXVM 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 FXVM.
VIII. 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. FXVM will not be responsible for providing backups of any specific file, or VPS system, due to loss by customer negligence or another event.
FXVM is NOT RESPONSIBLE for any files, software, or other data lost by the customer.
FXVM 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 FXVM 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 FXVM guarantee that any such backup can be provided directly to a customer.
IX. 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 FXVM, and that damages resulting from any interruption of service are impossible to objectively quantify. Subscriber agrees that FXVM shall not be liable for any damages arising from such causes beyond the direct and exclusive control of FXVM. Subscriber agrees that FXVM'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 FXVM 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 FXVM'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 FXVM 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 FXVM shall not be held responsible for any trading-related losses that result from the execution of trades on systems hosted by FXVM.
A. IP Addresses
FXVM assigns each subscriber 1 or more unique IP addresses for each VPS unit. The right to use and broadcast from IP addresses assigned by FXVM shall belong only to FXVM, and the subscriber shall have no right to use IP addresses except as permitted by FXVM. FXVM shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by FXVM. FXVM reserves the right to change or remove any such IP addresses at its sole and absolute discretion, at any time.
B. 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"). FXVM 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 FXVM's automated notification system.
C. System and Network Security
Subscribers or any network users are prohibited from violating, or attempting to violate, the security of FXVM's network, servers, and other systems included therein. Violations of system or network security may result in civil or criminal liability. FXVM 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 FXVM 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 FXVM 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.
D. DDoS (Denial of Service) and Abuse Complaints
FXVM 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. FXVM 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 FXVM's network.
XI. Intellectual Property Provisions
Subscribers of FXVM'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 FXVM.
XII. Suspension of Service
FXVM reserves the right to suspend network access to any subscriber if, in the judgment of FXVM, 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 FXVM 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.
XIII. Disclosure to Law Enforcement
This ToS specifically prohibits the use of FXVM services for illegal or otherwise malicious activities. The subscriber agrees that FXVM 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.
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.
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.
XVI. Applicable Law
This ToS is subject to the governing laws of Hong Kong.