General Terms

• We do not allow Warez or illegal MP3 sites.
• Adult content is not permitted.
• Users must not participate in any form of un-solicited bulk e-mailing or spam.
• IRC services are not allowed.
• Data stored on our systems is not guaranteed to be backed up. It is recommended that you keep an independent copy of all data stored on your server.
• You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
• Should your account be closed, all files (including web pages etc.) will be deleted.
• We reserve the right to amend and update these Terms and Conditions and the Acceptable Use Policy at any time without notice.

Definition

4xSolutions or we means 4xSolutions (UK) Limited.

Customer or you means the person, firm or company that has requested any Services.

Service or Services means any services supplied or to be supplied by 4xSolutions, including but not limited to the provision of Internet hosting services.

Order means the electronic Service order annexed herein by reference.

Server means an Internet-connected server, virtual or otherwise, provided by 4xSolutions for the Customer.s use.

Service agreement

This agreement is made by and between 4xSolutions and the Customer:

Overview

This agreement is intended to cover any and all Services provided by 4xSolutions and received by the customer. This agreement contains the entire understanding between 4xSolutions and Customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between 4xSolutions and the Customer. The Customer acknowledges and agrees that its entire right relating to 4xSolutions Services are as set forth in this agreement.

1. Services

Subject to the terms and conditions of this agreement, 4xSolutions agrees to provide the Internet hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 4.2 of this agreement, 4xSolutions may expand or contract the scope of 4xSolutions's services by issuing an amended order form to the Customer in advance of such change.

2. Initial Term

The initial term of this Agreement is stated in the Order (.Initial Term.). The Initial Term shall not commence until 4xSolutions accepts the Order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.

3. Renewal Term

Unless terminated by 4xSolutions or in accordance with Section 4.2 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.

4. Fees and Payment

The Customer agrees to pay 4xSolutions, without limitation, for the Services it uses. 4xSolutions reserves the right to charge the Customer standard hourly rates as specified in the support matrix, to cover the resolution of excessive or unusual problems or complaints.

4.1 Invoices

Invoices are emailed to the current billing email address. Monthly Service Fees are invoiced 7 days prior to renewal. Clients are fully responsible to ensure payment of all amounts due are paid on time independently of receiving invoice or billing notifications by email from 4xSolutions. Overdue accounts may be disconnected at any time after the expiry date. All data will be deleted after 2 weeks unless alternative arrangements are made with 4xSolutions.

4.2 Cancellation Policy

All Service contracts must be cancelled via submitting a ticket, or an automated cancellation request prior to service renewal. There are no minimum contract requirements, other than the initial term purchased.

4.3 Refund Policy

All payments to 4xSolutions are final and non-refundable unless otherwise stated. Any refunds on products that are eligible for a refund are at the discretion of 4xSolutions.

4.4 Account Credits

Any amount credited to a clients account cannot be withdrawn and can only be used towards further purchases of 4xSolutions products and services.

5. Acceptable Use Policy

Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Acceptable Use Policy. Customer agrees that 4xSolutions may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy. For existing customers, changes shall come into effect one month after they are published on the 4xSolutions website. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.

5.1 General AUP

4xSolutions Limited provides Internet hosting Services. By using the Services provided by 4xSolutions, Customers agree to comply with the Acceptable Use Policies outlined in this agreement and also to indemnify 4xSolutions against any claims by third parties arising from violation of this Policy.

4xSolutions reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to 4xSolutions web site: www.4xsolutions.com/members/terms.php. 4xSolutions's Customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.

This policy recognises the fundamental fact that no one owns or controls the Internet. 4xSolutions cannot monitor or control all the activities of our Customers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. The Customer, not 4xSolutions, assumes all responsibility relating to their Internet activities including, but not limited to:

• Aspects of the Customer's business.
• Content and data provided by or through a Customer for use with the Services.
• Decisions about Customer's computer and communications systems needed to access the Services.
• Results obtained from using 4xSolutions Services.
• Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services.
• Use of the 4xSolutions services by Customer's end users.
• Compliance with this Acceptable Use Policy by the Customer and the Customer's end users.

Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgement and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:

5.2 Network and Other Abuse

Using the 4xSolutions network or other 4xSolutions resources in any way that adversely affects other 4xSolutions Customers is strictly prohibited. This includes but is not limited to:

• Gaining or attempting to gain unauthorised access to servers or services. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
• Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses. Using IP addresses which were not assigned to them by 4xSolutions.
• Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's server by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.

5.3 Illegal Content

Accounts may be terminated that include content or which have links to content that:

• Is unlawful or is considered offensive by the web community. Promotes injury or physical harm against any group or individual.
• Promotes or teaches illegal activities.
• Exploits or depicts children in a negative/sexual way.
• Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
• Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.

5.4 SPAM or Unsolicited Commercial Email

4xSolutions has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. 4xSolutions Customers cannot send UCE and cannot host sites or information advertised in UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure cgi scripts).

Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, 4xSolutions will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending IP address to prevent further violations. If a client is found to be in violation of our UCE policy, 4xSolutions will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter. PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.

5.5 4xSolutions Administrative Login and Management Software

To facilitate network/server management, inventory and related activities, all 4xSolutions Servers include a 4xSolutions administrative account and password and/or a 4xSolutions daemon. All reasonable precautions are taken by 4xSolutions to maintain the security of these tools and the privacy of client data. Customers must not tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of Customer's hosting account.

5.6 Fair usage of shared, burstable resources

For some shared resources we require that customers do not continuously use an unreasonable excess of those resources (using them in a burstable fashion is, of course, entirely acceptable). Examples of an excess might include continuously & actively using swap on a VPS rather than upgrading RAM, running software that uses all available CPU constantly (such as SETI@Home) or continuously using many times the base-allocation of unmetered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the client cease such activities or be forcibly upgraded to a more suitable package or, in the case of excess use of unmetered bandwidth, be moved to a metered bandwidth connection.

5.7 Account Cancellation

This Acceptable Use Policy (AUP) is not exhaustive. 4xSolutions has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.

6. Response Times, Guarantees

i) Firewall Management; Managed means that 4xSolutions is responsible for the set up and the on-going setting of rules and policies of this with guidance from the Customer. Changes to the Firewall are at the customer's request and these changes are guaranteed to be put in place within two hours during normal office hours Monday to Friday 0700-2300 and outside of office hours within twelve hours. 4xSolutions will advise if a Firewall change would cause disruption to the customer's server.

ii) Hardware Maintenance; 4xSolutions is responsible for the replacement of any hardware components that fails. This includes chassis, PSU, disks, memory and motherboard of the server. The customer will not be charged for any failure or replacement of hardware. In the case of a hardware fault which results in a server failure 4xSolutions will replace the faulty hardware within 2 hours of isolating the cause of failure. All of our Servers use RAID disk configuration and SAN storage so in the event of a single disk failure no disruption to service should occur and the replacement would be carried out at a mutually convenient time.

iii) Connection Guarantees; We guarantee that all of our UK Servers are within a maximum of twenty milliseconds of 95% of UK residences. We have triple redundant uplinks via physically diverse cables into the UK backbone to ensure maximum connectivity uptime.

iv) Response Times; Response time is defined as the time it takes to identify a fault and report back to the customer by either of the following methods; E-Mail, or telephone call. The customer is responsible for ensuring that 4xSolutions has the correct contact details. Response times of non-urgent questions or queries via e-mail will be dealt with in business hours.

7. 100% Network Uptime

4xSolutions endeavours to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with 4xSolutions we guarantee that our network is available 100% of the time in a given month, excluding scheduled maintenance.

The network is defined as core network infrastructure excluding the hardware, services and software running on your server. Network downtime is measured from the moment the Customer notifies a 4xSolutions support representative of a network failure to the time the Network responds to an external ping request. Notification of network failure must occur at the time of the outage and not after the fact.

8. Temporary Service Suspension

The Customer agrees that it may be necessary for 4xSolutions to temporarily suspend Services for technical reasons or to maintain the 4xSolutions network, the equipment or any other facilities, the timing of which will be as determined by 4xSolutions. Such suspension of the Services will not be an interruption of the 4xSolutions Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

9. Emergency Service Suspension

4xSolutions may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of 4xSolutions Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer.s entitlement to credit for network interruption.

10. Compromised /Hacked Server

A compromised or hacked server is a serious threat to our network. 4xSolutions, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network.

If you believe your system may have been hacked, immediately report the situation to 4xSolutions technical support. 4xSolutions will examine your system and may implement additional monitoring of your system.

If a 4xSolutions System Administrator believes a server on our network is compromised, 4xSolutions will:

1) disconnect the server from the network
2) contact the client
3) provide evidence of the server being hacked.

11. Termination of Agreement

If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then 4xSolutions may terminate this agreement at any time and without prior notice.

12. Limitation of Liability

Customer acknowledges and agrees neither 4xSolutions nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement.

If, despite the foregoing limitations, 4xSolutions or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of 4xSolutions, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to 4xSolutions for one month of service under this agreement.

13. Indemnity

Customer will indemnify and save harmless 4xSolutions and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against 4xSolutions or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer.s negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

14. Customer Acknowledgement

Customer acknowledges that it accepts all risk of any unauthorised or illegal use of the 4xSolutions network or any inter-connected network by third parties. 4xSolutions provides no warranties, makes no representations, and accepts no liability for the unauthorised or illegal access or interference with the Customer.s server/network unless such access or interference is caused by the intentional unlawful acts of 4xSolutions, its agents or employees.

15. IP Address Ownership and Usage

4xSolutions assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use 4xSolutions IP addresses not assigned to them, to move IPs between different servers or account or in ways not permitted by 4xSolutions. 4xSolutions maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of RIPE & ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of RIPE & ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. 4xSolutions reserves the right to periodically review IP address usage and revoke authorisation to use those IP addresses not being utilised or where name-based hosting could be used.

16. 4xSolutions Administrative Account and Software

For the purposes of Network/Server maintenance, inventory and related activities, 4xSolutions staff and management retain the right to administrative access to any and all Servers on their network. To facilitate this, all 4xSolutions Servers include a 4xSolutions administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details. ForexHarvester.com makes no warranty or representation, either express or implied, with respect to this software, the hardware, or documentation, including their quality, performance, merchantability, or fitness for a particular purpose.

17. Software Products

Because software is inherently complex and may not be completely free of errors, you are advised to verify your work. In no event will 4xSolutions be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the software, hardware, or documentation, even if advised of the possibility of such damages. In particular, 4xSolutions is not responsible for any costs, including, but not limited to, those incurred as a result of the use of the software, loss of data, the costs of recovering such software or data, the cost of substitute software, claims by third parties, or for other similar costs. In no case shall 4xSolutions have any liability that exceeds the amount of the license fee, if such fee applies.

18. Expert Advisors

4xSolutions retains all rights to the formulae of the software presented. The Expert Advisors provided are not a recommendation to buy or sell, but rather a set of tools to facilitate the execution of a specified analysis method. This information should only be used by investors who are aware of the risk inherent with trading.

Very Important - Expert Advisors do cannot guarantee anything. The user is responsible for any trades generated by any expert advisor used. It is highly recommended that you test any Expert Advisor to verify that it in fact functions to your expectation.

Please be aware that while the demo environment is similar to the live environment there will be differences in the way trades are processed and executed. 4xSolutions does not take responsibility for any electronic or technological errors that occur while using an Expert Advisor.

19. Governing Law

This Agreement is governed by the law of England, and the Customer agrees that any court action brought under this agreement shall be brought in the jurisdiction of England. If any provision of this agreement is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.