- 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
- 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
4xSolutions or we means 4xSolutions (UK) Limited.
Customer or you means the person, firm or company that has requested
Service or Services means any services supplied or to be supplied by
4xSolutions, including but not limited to the provision of Internet
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.
This agreement is made by and between 4xSolutions and the Customer:
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.
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
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.
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
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
- 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
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
- 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
- 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
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
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
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
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
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.