- 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.
4X Solutions or we means 4X Solutions (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 4X Solutions, 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 4X Solutions for the Custome's use.
This agreement is made by and between 4X Solutions and the Customer:
This agreement is intended to cover any and all Services provided by 4X Solutions and received by the customer. This agreement contains the entire understanding between 4X Solutions and the customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between 4X Solutions and the Customer. The Customer acknowledges and agrees that its entire right relating to 4X Solutions Services are as set forth in this agreement.
Subject to the terms and conditions of this agreement, 4X Solutions 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, 4X Solutions may expand or contract the scope of 4X Solutions'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 4X Solutions 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 4X Solutions 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 4X Solutions, without limitation, for the Services it uses. 4X Solutions 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 4X Solutions. 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 4X Solutions.
4.2 Cancellation Policy
We accept cancellation on any service up until the renewal date. Any cancellation requests must be received via email or a cancellation through the members area before the renewal invoice is generated. Any cancellation requestes received after this time will not be processed until the following month. There are no partial refunds or credits for early cancellations.
4.3 Refund Policy
All payments to 4X Solutions are final and non-refundable unless otherwise stated. Any refunds on products that are eligible for a refund are at the discretion of 4X Solutions.
4.4 Account Credits
Any amount credited to a clients account cannot be withdrawn and can only be used towards further purchases of 4X Solutions 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 4X Solutions 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 4X Solutions 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
4X Solutions Limited provides Internet hosting Services. By using the Services provided by 4X Solutions, Customers agree to comply with the Acceptable Use Policies outlined in this agreement and also to indemnify 4X Solutions against any claims by third parties arising from violation of this Policy.
4X Solutions reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to 4X Solutions web site: www.4X Solutions.com/members/terms.php. 4X Solutions'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. 4X Solutions 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 4X Solutions, 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 4X Solutions Services.
- Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services.
- Use of the 4X Solutions 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 4X Solutions network or other 4X Solutions resources in any way that adversely affects other 4X Solutions 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 4X Solutions.
- 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
4X Solutions has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. 4X Solutions 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, 4X Solutions 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, 4X Solutions 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 4X Solutions Administrative Login and Management Software
To facilitate network/server management, inventory and related activities, all 4X Solutions Servers include a 4X Solutions administrative account and password and/or a 4X Solutions daemon. All reasonable precautions are taken by 4X Solutions 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 [email protected]) 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. 4X Solutions 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 4X Solutions 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. 4X Solutions will advise if a Firewall change would cause disruption to the customer's server.
ii) Hardware Maintenance; 4X Solutions 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 4X Solutions 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 4X Solutions 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
4X Solutions endeavours to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with 4X Solutions 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 4X Solutions 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 4X Solutions to temporarily suspend Services for technical reasons or to maintain the 4X Solutions network, the equipment or any other facilities, the timing of which will be as determined by 4X Solutions. Such suspension of the Services will not be an interruption of the 4X Solutions Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
9. Emergency Service Suspension
4X Solutions 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 4X Solutions 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. 4X Solutions, 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 4X Solutions technical support. 4X Solutions will examine your system and may implement additional monitoring of your system.
If a 4X Solutions System Administrator believes a server on our network is compromised, 4X Solutions 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 4X Solutions may terminate this agreement at any time and without prior notice.
12. Limitation of Liability
Customer acknowledges and agrees neither 4X Solutions 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, 4X Solutions 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 4X Solutions, 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 4X Solutions for one month of service under this agreement.
Customer will indemnify and save harmless 4X Solutions 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 4X Solutions 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 4X Solutions network or any inter-connected network by third parties. 4X Solutions 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 4X Solutions, its agents or employees.
15. IP Address Ownership and Usage
4X Solutions assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use 4X Solutions IP addresses not assigned to them, to move IPs between different servers or account or in ways not permitted by 4X Solutions. 4X Solutions 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. 4X Solutions 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. 4X Solutions Administrative Account and Software
For the purposes of Network/Server maintenance, inventory and related activities, 4X Solutions staff and management retain the right to administrative access to any and all Servers on their network. To facilitate this, all 4X Solutions Servers include a 4X Solutions 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 4X Solutions 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, 4X Solutions 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 4X Solutions have any liability that exceeds the amount of a single month's license fee. applies.
18. Trade Copying
Forex, spread bets and CFDs are leveraged products. They may not be suitable for you as they carry a high degree of risk to your capital and you can lose more than your investment. You should ensure you understand all of the risks. The Trade Copier services 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 - Trade Copying does guarantee anything. The user is responsible for any trades generated by the trade copier. By using the trade copier service, the user acknowledges that they are in complete control of the product, can turn it off, modify risk settings and trades at any time. It is highly recommended that you test any signals generated by the trade copier in a demo environment 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.
4X Solutions does not take responsibility for any electronic or technological errors that occur while using the trade copier. In particular, 4X Solutions is not responsible for any costs or losses, including, but not limited to, those incurred as a result of the use of the trade copier. In no case shall 4X Solutions have any liability that exceeds the amount of a single month's license fee.
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.