updated: 3rd of January, 2019.
is doing business as title of DigitalForex, 425-427 1st of April Street,
Nicosia, NIC, Cyprus, 5001, Company No. 03451007, VAT No. EU318504395
primary goal is to provide exceptional and timely service to our clients. In
pursuit of this goal, DigitalForex agrees to render services subject to the
following Terms of Service document, hereafter referred to as "ToS".
The usage of DigitalForex's service(s) by a subscriber constitutes an
unconditional acceptance of, and agreement to, DigitalForex's ToS.
reserves the right to change or modify the ToS at any time, without notice, by
updating the document on this page. These modifications will become effective
immediately. DigitalForex will use its best efforts to notify subscribers of
updates to the ToS.
Service renewals and trials
Service Subscriptions Services may be renewed at any time, at the discretion of
the customer, by accessing the Customer Portal's “My Invoices” section.
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.
provides trial (demo) systems to 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.
not offer any refunds.
100% Availability Guarantee (SLA)
provides a full guarantee that customer services will be available at least
100% of the time in any 1-month period.
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.
Acceptable Usage of VPS Systems
Acceptable Use Policy
DigitalForex'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 DigitalForex are provided
“unlocked” and without limitations on OS user privileges.
are discouraged from hosting websites and media applications, and may be
contacted by DigitalForex Customer Service if abnormal levels of network
traffic are detected.
Hardware Resource Scheduling
provides virtualized server instances (virtual machines or VMs), which are
allocated portions of the physical hardware resources of host machines.
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 DigitalForex, in
order to prevent the possibility of resource abuse.
may immediately suspend any VM that is seen to be abusing host system or
network resources in the manner described above.
explicitly prohibits the following uses of its network and services:
distribution, sale, or hosting of any illegally obtained or cracked software,
“warez,” “nulled scripts,” and any otherwise unauthorized software.
services or infrastructure for services intended to scam, steal from, coerce,
or otherwise deceive users.
in criminal or otherwise malicious network activity involving DigitalForex's
network, or other networks it is connected to.
SPAM and Unsolicited Commercial Email (UCE)
does not tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM via
our network and services. Customers of DigitalForex may not use, or permit
others to use, our network to partake in UCE distribution. Customers of
DigitalForex 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, DigitalForex will initiate an immediate
the investigation, DigitalForex 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,
DigitalForex may, at its sole discretion, unilaterally restrict, suspend or
terminate the violating customer's account.
DigitalForex reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
DigitalForex will notify law enforcement officials if the violation is believed
to be a criminal offense.
Payment for Services
of service is dependent upon DigitalForex'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.
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 DigitalForex must be paid for in advance of service
Failure to Submit Payment(s)
services provided by DigitalForex are subject to different renewal and payment
terms. If customers do not transfer payments for additional service times after
the billing period, the respective services will be suspended with overdue
payments. Three (3) days after the due payment date DigitalForex adds a late
fee of 25%. The customer must pay this late fee in full in order to reactivate
suspends customer service and all hosted data after four (4) days of
non-payment. Seven (7) days after the due payment DigitalForex terminates the
account. All data will then be permanently deleted.
are asked to contact DigitalForex Billing employees to agree alternative
payment terms, if necessary, to avoid account suspension or termination.
can cancel their account at any time by contacting DigitalForex customer
service via the customer portal or directly at [email protected].
can cancel their account immediately or at the end of the billing cycle. In the
event of immediate termination, the customer is not entitled to a refund of any
closure requests are reviewed by DigitalForex Custom Service representatives to
ensure the integrity of our service.
account closure requests are considered. With the termination of the account,
all hosted data and services will be deleted and terminated. DigitalForex
discontinues all services or support services for the customer.
canceling the account, customers are no longer entitled to any benefits or
customer is responsible for keeping a complete and current copy of his VPS and
all files or software stored there by the customer.
is not responsible for providing backups of a particular file or VPS system due
to loss due to negligence by the customer or another event.
is NOT RESPONSIBLE for files, software or other data that are lost by the
regularly creates internal backups of internal system configurations, host
server configurations and databases.
backups are not intended to keep current backups of customer data.
DigitalForex backups may contain customer data for disaster recovery and
critical system failure purposes, the subscriber cannot rely on these backups,
and DigitalForex does not guarantee that such backups can be provided directly
to a customer.
Subscriber Acknowledgements & Risk Disclosure
customer acknowledges that the hosting services provided are such that the
service can be interrupted for many reasons other than negligence by
DigitalForex and that damage resulting from an interruption of the service
cannot be objectively quantified.
customer agrees that DigitalForex is not liable for damages that arise for
reasons beyond the direct and exclusive control of DigitalForex.
customer agrees that the total liability of DigitalForex for losses of the
customer will never exceed an amount that corresponds to the fees payable by
the subscriber for services during the period in which damage occurred.
is in no way liable for special damage or consequential damage, loss or injury.
acknowledges that if he or she intends to conduct live trading through the
DigitalForex network, he has received appropriate training and instruction to
conduct such trading responsibly.
acknowledges that foreign exchange trading and trading in other financial
instruments are recognized as risky activities and that such activities are in
no way less risky through the use of VPS hosting.
DigitalForex and its employees do everything in their power to help customers
maintain their retail environments in terms of maintaining hardware and
software settings, the subscriber agrees that DigitalForex cannot be held
responsible for any trade related losses that may arise resulting from
execution of trades on systems hosted by DigitalForex.
assigns each customer one or more unique IP addresses for each VPS unit.
DigitalForex has the right to use and transmit IP addresses that have been
assigned. The customer has no right to use IP addresses unless this is
permitted by DigitalForex.
retains and controls ownership of all IP numbers and addresses that
DigitalForex customers can be assigned.
reserves the right to change or remove such IP addresses at any time at its own
Data Transfer (Bandwidth)
customer agrees that the bandwidth, measured in megabytes sent plus megabytes
received, does not exceed the maximum number of megabytes per month for the
service plan subscribed to by the customer.
monitors subscriber bandwidth usage, and customers can view a live updated
record of their usage in the customer portal.
bandwidth is exceeded, the customer's system can be automatically stopped or
are warned by e-mail via the automated notification system from DigitalForex
that they reach or exceed resource limits.
System and Network Security
are prohibited from breaching or attempting to breach the security of the
DigitalForex network, servers and other systems contained therein.
of system or network security can lead to civil or criminal liability.
DigitalForex will investigate and cooperate with incidents that may involve
such violations and law enforcement agencies in the pursuit of customers
involved in such violations.
violations include, but are not limited to:
to private or unauthorized data from DigitalForex or other customers.
to examine, scan, or test a system or network vulnerability, or to violate
security or authentication measures without proper authorization.
to disrupt the service of a DigitalForex customer, host, or network, including
without limitation, resource abuse, network abuse, or brute force.
of a TCP / IP packet header or part of the header information in an email or transmission.
measures to obtain services that the customer is not entitled to.
DDoS (Denial of Service) and Abuse Complaints
reserves the right to block connections to and from services that are involved
in sending or receiving distributed denial of service (DDoS) attacks and other
forms of packet flooding, network disruption, or malicious network activity.
services are suspended for a period of time required to avert attacks and to
ensure that network stability has been restored.
emergencies, customers may not be warned of a business interruption due to
reserves the right to immediately suspend or terminate services that are
considered to be directly involved in the creation of malicious network
activities or services that are reasonably expected to pose a risk to the
stability of the DigitalForex network.
Intellectual Property Provisions
are prohibited from storing or publishing content or links to content that
violate or otherwise infringe the intellectual property rights of third
includes trademark, patent and copyright infringement.
content provided within or through this website is protected by U.S. and
international copyright laws, patent laws, trademark regulations and laws, as
well as various intellectual property laws and international contracts and
intellectual property of any kind contained on or through this website may be
copied, published, reverse engineered, decompiled, exchanged, traded or
broadcast in any way without the written permission of DigitalForex.
Suspension of Service
reserves the right to suspend network access to any subscriber if, in the
judgment of DigitalForex, 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
DigitalForex deems necessary to guarantee the stability of customer services.
inappropriate or illegal activity is discovered by third parties or brought to
our attention, all accounts of the subscriber concerned will be deactivated
until an investigation is completed.
corresponding account without a refund option being possible.
case of complaints about infringing or illegal content, a single complaint can
be considered sufficient to permanently suspend the allegedly infringing
multiple complaints about infringing or illegal content are received with two
or more products, all products owned and / or controlled by that customer will
be permanently suspended.
prior notification to the customer is not guaranteed.
extreme cases, law enforcement agencies will be contacted regarding 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
otherwise malicious activities.
customer agrees that DigitalForex 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 customer.
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
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.
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
ToS is subject to the governing laws of Cyprus.