Terms of Service

Last updated: 3rd of January, 2019.

"DigitalForex" is doing business as title of DigitalForex, 425-427 1st of April Street, Nicosia, NIC, Cyprus, 5001, Company No. 03451007, VAT No. EU318504395

DigitalForex's 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.

DigitalForex 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.

1. Service renewals and trials

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.

1.1. Trial Systems

DigitalForex 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.

1.2. Refunds

We do not offer any refunds.

2. 100% Availability Guarantee (SLA)

DigitalForex provides a full guarantee that customer services will be available at least 100% 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.

3. Acceptable Usage of VPS Systems

3.1. Acceptable Use Policy

Although 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.

Customers are discouraged from hosting websites and media applications, and may be contacted by DigitalForex Customer Service if abnormal levels of network traffic are detected.

3.2. Hardware Resource Scheduling

DigitalForex provides virtualized server instances (virtual machines or VMs), which are allocated portions of the physical hardware resources of host machines.

DigitalForex'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 DigitalForex, in order to prevent the possibility of resource abuse.

DigitalForex may immediately suspend any VM that is seen to be abusing host system or network resources in the manner described above.

3.3. Prohibited Uses

DigitalForex 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 DigitalForex's network, or other networks it is connected to.

4. SPAM and Unsolicited Commercial Email (UCE)

DigitalForex 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 investigation.

During 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.

Further, 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.

5. Payment for Services

Establishment 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.

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 DigitalForex must be paid for in advance of service delivery.

6. Failure to Submit Payment(s)

All 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 all services.

DigitalForex 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.

Customers are asked to contact DigitalForex Billing employees to agree alternative payment terms, if necessary, to avoid account suspension or termination.

7. Account Cancellation

Customers can cancel their account at any time by contacting DigitalForex customer service via the customer portal or directly at [email protected].

Customers 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 credit.

Account closure requests are reviewed by DigitalForex Custom Service representatives to ensure the integrity of our service.

All 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.

After canceling the account, customers are no longer entitled to any benefits or guarantees.

8. Data Integrity

The customer is responsible for keeping a complete and current copy of his VPS and all files or software stored there by the customer.

DigitalForex 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.

DigitalForex is NOT RESPONSIBLE for files, software or other data that are lost by the customer.

DigitalForex regularly creates internal backups of internal system configurations, host server configurations and databases.

These backups are not intended to keep current backups of customer data.

Although 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.

9. Subscriber Acknowledgements & Risk Disclosure

The 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.

The customer agrees that DigitalForex is not liable for damages that arise for reasons beyond the direct and exclusive control of DigitalForex.

The 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.

DigitalForex is in no way liable for special damage or consequential damage, loss or injury.

Customer 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.

Customer 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.

While 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.

10. Network

10.1. IP Addresses

DigitalForex assigns each customer one or more unique IP addresses for each VPS unit.

Only 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.

DigitalForex retains and controls ownership of all IP numbers and addresses that DigitalForex customers can be assigned.

DigitalForex reserves the right to change or remove such IP addresses at any time at its own discretion.

10.2. Data Transfer (Bandwidth)

The 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.

DigitalForex monitors subscriber bandwidth usage, and customers can view a live updated record of their usage in the customer portal.

If the bandwidth is exceeded, the customer's system can be automatically stopped or restricted.

Customers are warned by e-mail via the automated notification system from DigitalForex that they reach or exceed resource limits.

10.3. System and Network Security

Customers are prohibited from breaching or attempting to breach the security of the DigitalForex network, servers and other systems contained therein.

Violations 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.

These violations include, but are not limited to:

• Access to private or unauthorized data from DigitalForex or other customers.
• Attempt to examine, scan, or test a system or network vulnerability, or to violate security or authentication measures without proper authorization.
• Attempt to disrupt the service of a DigitalForex customer, host, or network, including without limitation, resource abuse, network abuse, or brute force.
• Falsification of a TCP / IP packet header or part of the header information in an email or transmission.
• Take measures to obtain services that the customer is not entitled to.

10.4. DDoS (Denial of Service) and Abuse Complaints

DigitalForex 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.

The services are suspended for a period of time required to avert attacks and to ensure that network stability has been restored.

In emergencies, customers may not be warned of a business interruption due to abuse complaints.

DigitalForex 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.

11. Intellectual Property Provisions

Customers are prohibited from storing or publishing content or links to content that violate or otherwise infringe the intellectual property rights of third parties.

This includes trademark, patent and copyright infringement.

All 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 agreements.

No 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.

12. Suspension of Service

DigitalForex 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.

If 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.

Multiple violations of the terms of use lead to the permanent termination of the corresponding account without a refund option being possible.

In the case of complaints about infringing or illegal content, a single complaint can be considered sufficient to permanently suspend the allegedly infringing product.

If 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.

A prior notification to the customer is not guaranteed.

In extreme cases, law enforcement agencies 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.

13. Disclosure to Law Enforcement

These terms of use expressly prohibit the use of DigitalForex services for illegal or otherwise malicious activities.

The 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.

14. 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 Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

15. 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.

16. Applicable Law

This ToS is subject to the governing laws of Cyprus.