The following agreement is between Smart FX VPS and You (Client]
WHEREAS, Smart FX VPS is a Hosting Service Provider offering Software Hosting.
WHEREAS, Client seeks to use these services;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Smart FX VPS can make no guarantee that any given party shall be able to access the Hosted Service made available by Smart FX VPS at any given time. Smart FX VPS represents that it shall make every good faith effort to ensure that the Hosted Service is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
- 1. Length of service
Client agrees to month to month contractual term of service (Term).
- 2. Service start date
The first payment shall be due in advance of any service provided. Service shall begin upon Smart FX VPS receipt of payment for such first Term of service or upon a mutually agreed upon other date.
- 3. Renewal by client
This agreement will automatically renew for successive one (1) month unless canceled in writing by Client at least 10 days prior to the end of Term renewal date. At the beginning of each month, the monthly fee will be automatically charged to your credit card by the Subscription service of Paypal, as agreed.
- 4. Failure to pay
- a. In the case of a failure of Client to remit payment to Smart FX VPS by the due date is cause for removal of the Client’s account files from the Smart FX VPS hosting Service. Client agrees that Smart FX VPS shall not be held liable for such removal or disconnection.
- 5. Refund Policy
- There are no refunds on unused portions or for any other reason.
- While Smart FX Technology offers a Money Back Guarantee for their trading Expert Advisors, this guarantee does not apply in any way to the payment for VPS services.
II. Material and Products:
Smart FX VPS will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the Smart FX VPS Policies.
Smart FX VPS makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Smart FX VPS also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of funds, data, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Smart FX VPS is at the Client’s own risk, and Smart FX VPS specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Smart FX VPS does not represent guarantees of speed or availability of end-to-end connections. Smart FX VPS expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Smart FX VPS specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Client certifies that he or she is of full legal age to enter into this agreement.
Client agrees to all terms in the Smart FX VPS Terms Of Service Agreement.Smart FX VPS network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Smart FX VPS. All messages transmitted by Client should correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
No P2P or Torrent hosting use is authorized in our VPS.
- 1. This Agreement may be terminated by either party, without cause, by giving the other party 10 days written notice. Written notice may be by postal, email or fax transmission. Smart FX VPS reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Smart FX VPS may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.
- 2. Termination for any violation of the Smart FX VPS Policies and Terms of Service Agreement shall be immediate. Smart FX VPS may, at its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the Smart FX VPS Terms of Service or should the Client fail to remit payment to Smart FX VPS by the Client’s invoice due date.
- 3. Notice of cancellation
Written notice of cancellation may be by postal mail, email or fax transmission.
VI. Limited Liability:
1. Client expressly agrees that use of the Services offered by Smart FX VPS is at Client’s sole risk. Neither Smart FX VPS, its employees, affiliates, agents, merchants licensers or the like, warrant that the Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Smart FX VPS Server service agreement.
2. Under no circumstances, including negligence, shall Smart FX VPS, its offices, agents or anyone else involved in creating, producing or distributing Smart FX VPSs service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Smart FX VPS Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Smart FX VPS’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Smart FX VPS Server service.
VII. Lawful Purpose:
Client may only use Smart FX VPS Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
Client agrees that it shall defend, indemnify, save and hold Smart FX VPS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees asserted against Smart FX VPS, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Smart FX VPS against Liabilities arising out of any of the following:
- i. any injury to person or property caused by any products sold or otherwise distributed in connection with Smart FX VPS Server service;
- ii. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
- iii. copyright infringement; and
- iv. any defective product which Client sold on the Server offered by Smart FX VPS.
IX. Domain Name Ownership, Disputes, and Use
Any domain name registered by Smart FX VPS on behalf of Client is the property of said Client after the Client has paid Smart FX VPS any registration fees that Smart FX VPS has incurred on behalf of the client. Smart FX VPS claims no ownership over Client domain names that the Client has paid to register. At its option, Smart FX VPS will either arrange for any billing for names registered by Smart FX VPS on behalf of Client to be sent directly by the registrar or agent thereof to the Client, or Smart FX VPS will directly bill the client for these registration fees plus applicable expenses, and/or service charges, if any.
Client agrees that Smart FX VPS may be presented with information that Client’s domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:
- i. Client agrees to hold Smart FX VPS harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Client’s domain is hosted at or continued to be hosted at Smart FX VPS.
- ii. Client agrees that Smart FX VPS has the right to discontinue name service in the event of such dispute over a Client’s domain name.
- iii. Client agrees that should Smart FX VPS discontinue service for Client’s account upon notification of such dispute that that Smart FX VPS will not be liable for any loss of funds, interruption of business or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Smart FX VPS has been advised of the possibility of such damages.
- iv. In no event shall Smart FX VPS’s maximum liability exceed one hundred ($100.00) dollars.
Client agrees that a Smart FX VPS contact person shall be named as the “technical or zone contact” for any domains hosted at Smart FX VPS. Client agrees that Smart FX VPS may create and use network resources with the Client’s domain name for administrative, testing, and network infrastructure enhancement purposes.
X. Contract Revisions:
Revisions to this Contract will be considered agreed to by the Client on renewal of Smart FX VPS Services.