Terms of service

TERMS OF SERVICE AGREEMENT

Introduction and Company Data

This document constitutes the Legal Notice and the General Terms of Use which govern the access, browsing and use of the website of Unity Web Sàrl (hereafter, the COMPANY or US or WE or OUR) with FEDERAL ID Number CH-660-2403006-2, located at the URL www.forexvps.ch, and its products and services. The term "you" or "Customer" refers to the user or viewer of our site. By availing the products and services of the website www.forexvps.ch, you hereby comply and adhere with the following Terms of Service. If you do not agree with these terms, you may not use this site. The materials contained in this website are protected by applicable copyright and trademark law.

Acceptance of Agreement

By accepting the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with respect to our site (the "Site"), you understand that this Agreement, along with its annexes, SLA and Privacy clauses, represents the complete and only agreement between us and you, regaring the FOREXVPS applications provided by Unity-Web, and therefore, supersedes any and all prior or coeval arrangements, representations, warranties, and understandings with respect to the Site, the content, products or service provided by or through this Site, and the subject matter of this Agreement. Unity Web may at any time change the terms and conditions herein ("the Terms of Service"). You should therefore, review this Agreement, in its entirety, each time prior to utilizing the Site, and its products and services. If, at any time, you do not agree to the Terms of Service, please do not use this Site, or its products and services.

Service Fees and Invoicing

  1. Customer agrees to pay fees, charges and any additional amounts due under this Agreement in advance on the first day of each billing cycle.
  2. Unless otherwise stated in Customer's Order or any service description, Customer's billing cycle shall be monthly or yearly as indicated on the Order, beginning on the Service Commencement Date, and shall renew automatically each month or year and thereafter.
  3. The Company may require payment for the first billing cycle prior to beginning service.
  4. Customer agrees that, if the Order provides for credit/debit card billing, Customer authorizes the Company to implement recurring billing of subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Customer agrees to contact the Company for alternative payment method.
  5. Customer understands that non-payment of fees will result in suspension, followed by termination of service.

  6. Fees may be invoiced on or before the 1st day of each billing cycle. Fees shall be due on the 14th day following the invoice date, but in no event earlier than the first day of each billing cycle.

  7. It is the Customer's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Refusal of Service

The Company reserves the right to refuse, cancel or suspend service, at its sole discretion.

Term and Termination

This Agreement shall remain in effect until notice of termination is provided by the Customer and the Company.
This Agreement and the Customer's access to the Products and Services shall terminate as follows:

  1. The Customer may terminate at the end of the present billing cycle by submitting a cancellation request via e-mail.

  2. The Company may terminate with thirty (30) days prior notice.

  3. The Company may terminate with fifteen (15) days prior notice to the Customer should the Customer fail to correct any breach of this Agreement.
  4. The Company may immediately and, without prior notice, terminate upon determining, at its sole discretion that the Customer is in violation of the Terms of Service.

Intellectual Property Rights

The Company owns or has obtained the relevant license over the copyright of the Site, as well as over the copyright of the contents, services and products available in the Site. In this sense, all intellectual property rights to all information and materials, including content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected by copyrights, trademarks, and other proprietary rights, and owned by the Company or its licensors. All Content is protected under national law and international treaties. In this sense, all intellectual property rights to all information and materials, including content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected by copyrights, trademarks, and other proprietary rights, and owned by the Company or its licensors. All Content is protected under national law and international treaties. The access to or use of the Site or the acquisition of the services of the Company offered in the Site will never be reputed as a waiver, transfer, license, or partial or total assignment of said rights by the Company. Under no circumstances may you acquire ownership on any part of the Site or the Content. You may only acquire a limited, revocable and non-exclusive right to use the Site and the Content explicitly described in these Terms of Service. As a consequence, deletion or manipulation of the legal copyright warnings and any other identification data of the rights of the Company or its holders included within the Contents and products is expressly prohibited. Deletion or manipulation of the technical devices, digital prints, water marks and any other information mechanisms of information and/or identification which may be included within the same is also prohibited. All copyrights are reserved. In particular, it is expressly prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, load files, send by mail, transfer, use, treat or distribute by any means all or part of the Contents and products included in the Site for public or commercial purposes, except with the prior express written approval by the Company or, should it be the case, owner of the relevant rights.

Legal Compliance

In compliance with applicable law or regulation, Customer agrees to refrain from posting, publishing, transmitting or re-transmitting, as well as storing any materials on or through any of our Services or Products which, in the sole judgment of the Company

  1. is deemed threatening, lewd, vulgar, denigrating or that otherwise could construed as adversely offensive to any individual, group, or entity (collectively, "Persons"), or
  2. violates the rights of any persons, to include any and all types of intellectual property

Customer agrees that the Company has the right, but not the obligation, to monitor the Virtual Servers electronically from time to time and to disclose any information as necessary under the law, or to protect itself from claims by a third party or parties. The Company reserves the right to remove or remove access to any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, offensive, or in violation of this Agreement. Customer agrees to indemnify the Company from any claims that may result in damages to Customer or any other party due to use of services. It shall be the sole responsibility of the Customer to determine which laws and regulations are applicable to it use of Products and Services.

Prohibited Usage of Services and Products

Customers may only use the Products and Services in this site for its intended purpose. Customer must contact the Company if he is planning to use the Products or Services in a manner that might be inconsistent with the Company’s policy. By way of example, and not limitation, the details listed below describe the uses of this site’s Products and Services that are not allowed.

  1. You may not copy, print (except discrete information from the Site solely for internal, personal, non-commercial purposes, maintaining all copyright and other policies contained therein), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available any form or by any means all or any portion of the Site or any Content and Materials retrieved.

  2. Pornography and pornographic materials or related merchandising are prohibited, included, but not limited to linking, storing, transmitting, advertising, posting or displaying of pornographic content, under the Company's Products and Services. ForexVPS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
  3. You may not promote any illicit activity such as hacking, gambling, exposure of any trade secrets or circumvention of copyright or patent protection.
  4. You may not use our Products and Services in any way which violates Swiss, State, Local, or International law, transmit copyrighted material without authorization from the copyright holder, or violate export control regulations.
  5. You may not engage in malicious activity that willingly interferes with the regular operation of our Products or Services, attempt to access any system which access is not authorized, host any deceptive material for the purposes of phishing, run any password cracking software or root exploit kits against other servers, distribute security threats such as viruses, worms or Trojan horses or the like, or violate any and all rights of privacy of any individual.
  6. You may not transmit any unsolicited commercial e-mail or bulk e-mail, as it is not only harmful because of its negative impact on consumer attitudes toward ForexVPS, but also because it can overload ForexVPS's network and disrupt service to ForexVPS' customers. Customer agrees to bulk-e-mail only to persons specifically requesting such mail, in compliance with all Swiss, State, Local and International laws governing the transmission of e-mail.
  7. Audio/Video Streaming is not hosting friendly. As such, ForexVPS does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

  8. 8. You may not host any files larger than 50MB in size that are observed to be available for the sole purpose of downloading. These files include, but are not limited to, .ISO, audio/video files, .EXE files and the like. ForexVPS is not for file hosting and distribution. If you are unsure whether your file is against this policy, please e-mail us.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, ForexVPS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Security/Software

Customer agrees to take each and every required and judicious step to ensure the protection of the Customer's login ID and password, and will not, in any way or form, attempt to undermine or cause harm or damage to any server, software, system or customer of the Company. The Customer agrees to responsibly maintain the Customers' computing equipment, ensuring that the most up-to-date virus protection software is properly functioning and operating at all times. Uploading of viruses, whether intentional or unintentional, to the Company’s server will result in immediate account termination, as well as service charges and/or prosecution. The Company provides technical assistance to VPS hosting issues only and is the sole arbitrator to decide what issues are deemed “VPS hosting” concerns. The Customer accedes that the Company is not accountable in providing technical support for any other software that the Customer installs on his VPS server.

Violations

Any violations to the Terms of Service should be forwarded to our e-mail address . All complaints will be investigated and non-compliance will be grounds for immediate account desactivation.

Privacy Policy

In such cases where the Customer provides personal data, the filing and management of such data will be made pursuant and in compliance with the principles set in the current Laws on Data Protection. In the event that the Customer provides an e-mail address or other means of electronic communication, the Customer expressly authorizes the use of such means for the purpose of potential communication by the Company,
in order to facilitate the services requested, respond to any queries, make statistical studies to allow improvement of the services, develop own tasks of administrative management, as well as the development of business promotional activities and advertising related to the Site. Said data management is performed in compliance with the legal principles and, in special, in full compliance with the duties of confidentiality and privacy,
and the Company has adopted the adequate safety measures to avoid any alteration, loss, non-authorized access or damage to the recorded personal data and information.
The Customer has the rights of access, rectification, cancellation and opposition which may be exercised by it sending postal communication to the address of the Company established in this Legal Warning indicating the right which the Customer intends to exercise. The Customer must also attach a copy of the National ID Card of the owner of the data or any other lawful means to provide evidence verifying the identity of the applicant.

Links

Links to other Sites

In the event the Customer may find links on the Site to other sites by means of different buttons, links, banners, etc., the latter will be managed by third parties. The Company has no authority, nor human, nor technical resources to know, control or approve any information, content, products or services provided by other Sites accessed from links on the Site. As a consequence, the Company assumes no liability for any cause whatsoever in relation to any site linked from the Site, in particular, without limitation, about their operation, access, data, information, files, quality and trustworthiness of their products and services, their own links and/or any of their contents, on a general basis. In this respect, if the Customers have actual knowledge about illegal activities performed through these third party sites, they must immediately communicate this circumstance to the Company in order to cancel access to the links to such sites. Establishment of any type of links from the Site to other sites will not be reputed as the existence of any relation, cooperation or dependence between the Company and the third party site.

Links on other sites to the Site

If any Customer, entity or website wishes to establish a link on the Site it must comply with the following rules:

  1. The link may only provide direct access to the Home Page of the Site, except with the express written approval of the Company.
  2. The link must be absolute and complete, that is, it must bring the Customer, with a click, to the URL address of the Site and must include the entire screen of the Home Page of the Site. Under no circumstance, except where expressly authorized in writing by the Company, the site making the link may reproduce, by any means, the Site, include it as part of such site or within any of its frames or create a browser on any of the pages of the Site.
  3. No mention may be made on the site establishing the link to the fact that the Company has authorized such link, except where the Company has expressly made such statement in writing. If the entity providing the link to the Site from its site wishes to include in its Site the trademark, name, trade name, logo, slogan or any other identifying element of the Company and/or the Site, it must have the prior express written approval from the Company.
  4. The Company prohibits establishing a link to the Site from such sites containing materials, information or contents which are illegal, obscene, degrading and, in general, which may violate the moral, public order or general accepted patterns of behaviour.

The Company has no authority or legal or technical resources to know, control or approve any of the information, contents, products or services provided by other sites which have established links with the Site.
The Company assumes no liability of any kind for any aspect related to the site, establishing a link to the Site and in particular, without limitation, about its operation, access, data, information, files, quality and trustworthiness of its products or services, its own links and/or any of its contents, on a general basis.

Indemnification

Customer agrees to defend, indemnify, save and hold the Company, its subsidiaries, affiliates and each of their respective officers, employees, and/or agents (each an "Indemnified Party") harmless from any and all claims, lawsuits, demands, actions, charges, judgments, penalties, losses, costs, damages, including attorney's fees, interests, disbursements, and expenses of any kind and nature whatsoever that the Indemnified Party may sustain or incur by a third party by reason of any breach or alleged breach of any terms of service of this Agreement, the Customer's use or any other person, regardless of whether such person has been authorized by the Customer, using Customer's access to Products and Services, and for any act or omission of the Customer which are in any way related to the Products or Services. Customer agrees to reimburse the Indemnified Party for any and all legal and non-legal expenses, including reasonable attorney fees incurred by the Indemnified Party, as a result of investigating, opposing or settling any Loss, whether or not in association with pending or threatened litigation in which such Indemnified Party has been named as a party. Under no circumstances does anything contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor, publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer's Website, except as necessary to maintain the Products and Services.

Limitation of Liability

Customer expressly understands that in no event shall Unity Web ("The Company"), its affiliates, subsidiaries or officers be held responsible for any and all claimed damages, unauthorized access to, alterations, including incidental and consequential damages, which may arise from the Company's servers going off-line or being unavailable for any reason whatsoever. Furthermore, the Company shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of the Company's servers. All damages shall be limited to the immediate termination of service. The Customer hereby acknowledges and agrees that, in any and all events, the maximum aggregate monetary liability of the Company, and any of its agents, suppliers, employees, or affiliates in connection with ForexVPS Products and Services, under any theory of law (including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, infringement and other torts), to you shall be stringently limited to three (3) times one month's recurring fee for Products and Services under this Agreement during the thirty (30) days immediately preceding the data in which such claim occurred. The Customer hereby acknowledges and agrees that the Company will not be held liable for any and all temporary delays, outages or interruptions of the Products and Services. Further, the Company will not be held liable for any and all delays or failures to perform its obligations under this Agreement, where such delays or failures result from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure). The Customer hereby acknowledges and agrees that the Company reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. The Company will use best efforts to notify you of pending maintenance. However, at no time, is the Company under any obligation to inform you of such maintenance. The Customer acknowledges and agrees that use of the Company's servers Products and Services is solely at your own risk and that the Company will not, at any time, be held liable for any and all files and/or data residing on your VPS Server. The Customer acknowledges and agrees to take full responsibility for any and all files and data, as well as backups of data, being transferred to and from, and maintained and on your VPS server.

Disclaimer

The Company cannot be held liable for system down time, crashes or data loss. The Company cannot be held liable for any predicated estimate of profits which the Customer would have gained if their site was functioning. Certain services provided by the Company are resold. Thus, certain equipment, routing, software and programming used by the Company are not directly owned or written by the Company. Moreover, the Company holds no responsibility for the use of their Customers accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. The Company reserves the right to remove any account, without advance notice for any reason without restitution, as the Company sees fit.

Server Uptime Guarantee

Notwithstanding the abovementioned, the Company shall put forth their best endeavors with regard to the service uptime on all hosting plans. Should a failure occur for any given calendar month, the Customer's account will be refunded a pro-rated amount for the duration of excessive downtime.

Duration And Amendment

The Company may amend the terms and conditions established herein, totally or partially, publishing any change through the same means used to publish this Agreement or through any other communication addressed to the Customers. This Agreement will be thus in force until such time where the conditions herein are modified or otherwise amended totally or partially, moment in which the new conditions will be effective for the purposes of the amended Agreement . Irrespective of the provisions of the Conditions of Contract, the Company may terminate, suspend or interrupt, without prior notice, at any time, the access to the contents of the site, and the Customer will not be entitled to any recourse or claim. We also retain the right to increase any pricing and make changes to our account plans without notification. After such termination, the prohibitions of use established in this Agreement will remain in force.

Account Activation

Upon activation of an account with the Company, the Customer agrees to the above policies and disclaimer in this Agreement. Upon requesting activation of an account, the Customer is required to accept these policies, guidelines and disclaimer, and a copy of the Customer's acceptance is forwarded along with the Customer's activation request to be maintained with the Customer's account information. NOTICE: Not with standing the above mentioned (Money Back Guarantee & Refund Policy) if the Customer signs up for an account and fail to comply with these terms, no refunds will be given. The Company will, however, advise the Customer by email or phone prior to taking any action to provide the Customer with an opportunity to correct the problem.

Applicable Law and Jurisdiction

Unity Web has its seat in Geneva, Switzerland, where this Site is operated. This Site, the rules it includes, its use and these general terms and conditions are governed by Swiss law, excluding conflict of law rules. The user consents to the jurisdiction of the courts of Geneva, Switzerland for any action to enforce this legal disclaimer or brought with respect to this Site, the appeal to the Swiss Federal Court being reserved.

In case an action is brought with respect to this legal disclaimer or this Site and on the basis of a contract, the rules on jurisdiction in the contract shall prevail.

 
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