SKYDESKS, INC. TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS.
2. DESCRIPTION OF SERVICE.
SkyDesksis an online, cloud-based Virtual Private Server (“VPS”) subscription service designed to permit individuals and companies to access and use the MetaTrader 4 Automated Trading System, Expert Advisors, Premium Signal Providers brokerage account, and Technical Indicators (collectively the “MT5 package”) remotely through our Site over the Internet from a Windows, Linux or Mac Computer for the purpose of automated currency trading on the global foreign exchange (“FOREX”) market (the “Service”).
3. OPEN SOURCE SOFTWARE.
Our MT5 package uses functionality from the following open source products: the Ubuntu 10.10 operating system, Audio File software, cups software, wine software and lxde software (collectively, “Open Source Products”). By accessing and using our Service you acknowledge and agree to our use of these Open Source Products on your behalf. You may acquire, separate from our Service, a copy of each of the Open Source Products we use in source code form from the following sites: (i) Ubuntu 14 at http://www.ubuntu.com; (ii) and wine at http://www.winehq.org;. The use of each of these Open Source Products is governed by an open source license applicable to such Open Source Product. The applicable open source license may be downloaded along with the Open Source Product from the specified sites. You may use, modify and distribute each Open Source Product in accordance with the open source license applicable to such Open Source Product.
4. YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of the SkyDesksService, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the SkyDesksService’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SkyDeskshas reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SkyDeskshas the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. SIGN UP PROCESS.
You may sign up for our Service and MT5 Package by going to our Sign Up Web Page at www.skydesks.com. The sign up procedure is a one-step procedure.
You will need to select a MetaTrader broker so that they can trade FOREX currencies for you. Each broker provides a custom MT5 application that is configured to log on to that specific broker. Some brokers will have separate agreements that will apply to your brokerage account with them.
c. Expert Advisors and Signal Providers.
Unless you choose a Basic subscription you will need to select the EA or Signal Provider that you want to use. The EAs and Signal Providers available through our Service are owned and maintained by third parties
d. Account Details.
You must choose a user name and a password for your account.
e. Personal Information.
You need to provide your basic personal information for your account in accordance with your registration obligations in Section 3 above, e.g., name, address, telephone number, email address, and so forth.
f. Credit Card.
You need to provide your credit card or PayPal information for payment of the subscription services you select.
You understand that all information, data, text, software, graphics, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Skydesks, are entirely responsible for all Content that you upload, post, e-mail, transmit, or otherwise make available via the Service. SkyDesksdoes not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will SkyDesksbe liable in any way for any Content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted, or otherwise made available via the Service. You agree to not use the Service to:
1) upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or harm minors;
2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
4) upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
5) upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other property rights of any party;
6) upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation;
7) upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
8) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in discussions or exchanges;
9) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;>
10) intentionally or unintentionally violate any applicable local, state, national, or international law;
11) “stalk” or otherwise harass another; and/or
12) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that SkyDesksmay or may not pre-screen Content, but that SkyDesksand its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service and which violates the terms of this Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent, and agree that SkyDesksmay access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the terms of this Agreement;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for subscriber service; and/or
(e) protect the rights, property, interests, or personal safety of Skydesks, its users, and the public.
8. CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
SkyDesksdoes not claim ownership of Content you submit or make available for inclusion via the Service. However, with respect to Content you submit or make available for inclusion on the Service, you irrevocably grant SkyDesksthe perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicenses, to use, distribute, reproduce, modify, adapt, translate, reformat, publicly perform, and publicly display such Content, in whole or in part, on the Service or other publications by SkyDesksin any media whether now existing or which may come into existence in the future and to provide that information under the license set forth in this Agreement, and the right to publish your name in connection with such Content.
9. SCRAPERS, BOTS, CRAWLERS AND SPIDERS.
Use of any robot, spider, site search, retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather or extract content on or available through the Site or reproduce or circumvent the navigational structure or presentation of the Site without Skydesks’s express written consent is prohibited.
You agree to indemnify and hold SkyDesksand its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the terms of this Agreement, or your violation of any rights of another.
11. MODIFICATIONS TO SERVICE.
You acknowledge that SkyDesksmay establish general practices and limits concerning use of the Service. You further acknowledge that SkyDesksreserves the right to modify these general practices and limits from time to time. SkyDesksreserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SkyDesksshall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that SkyDesksmay terminate your access to the Service for violations of this Agreement and/or requests by authorized law enforcement or other government agencies.
You may cancel your SkyDesksaccount as a subscriber at any time without penalty. Cancellation will not entitle you to a refund of any payments you have made in connection with your SkyDesksaccount. If you cancel your account, your VPS subscription service will be terminated and all files associated with your VPS will be deleted. You will be solely responsible for any loss of data, financial or otherwise, resulting from or relating to the cancellation of your SkyDesksaccount.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SkyDeskshas no control over such sites and resources, you acknowledge and agree that SkyDesksis not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SkyDesksshall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such Content, goods, or services available on or through any such site or resource.
15. DISCLAIMER OF WARRANTIES.
A. You expressly understand and agree that your use of the Service is at your sole risk. The SkyDesksService is provided on an “As Is” and “As Available” basis. In the event of system or component failure, it is possible that for a certain period of time, you may not be able to enter new orders, execute existing orders, or modify or cancel orders that were previously entered. System or component failure may also result in loss of orders or priority. SkyDesksand its affiliates, officers, employees, and licensors expressly disclaim all warranties of any kind, whether express, statutory, or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose or use, availability, non-interference with your enjoyment of the Site, Service, any EA or Signal Provider broker and non-infringement. SkyDesksand its affiliates, officers, employees, and licensors make no warranty that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, completely secure, without delay, free from Service degradation or error-free; and/or (c) the results that may be obtained from the use of the Service, any EA, or Signal Provider broker will be accurate or reliable. No advice or information, whether oral or written, obtained by you from SkyDesksor through or from the Service shall create any warranty not expressly stated in this Agreement.
B. You agree and acknowledge that trading in any financial market involves risk. No representation is being made that you will or are likely to achieve any profits or losses. Commodity Futures Trading Commission Futures and Options Trading have large potential rewards, but also large potential risk in order to invest in the FOREX, Futures, and options markets. The past performance of any trading system or methodology is not necessarily indicative of future results.
16. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SkyDesksAND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SkyDesksHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICE, INCLUDING ANY LOSSES RESULTING FROM CANCELLATION, TERMINATION, FORCE MAJEURE OR OTHER CAUSES OUTSIDE SkyDesksCONTROL.
17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
SkyDesksrespects the copyright of others, and we ask our users to do the same. SkyDesksmay, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Skydesks’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Skydesks’s Agent for Notice of claims of copyright infringement can be reached as follows:
By e-mail: firstname.lastname@example.org
Except for the right of a Party to apply to a court for a temporary restraining order, preliminary injunction or other equitable relief, any controversy or claim arising out of or relating to this Agreement that cannot be resolved through negotiation will be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If the Parties cannot agree on a single arbitrator, the arbitrator will be selected by the American Arbitration Association. All arbitration proceedings will occur in English and will be held in Reston, Virginia, USA. The Parties agree that any dispute resolution proceeding will be conducted on an individual basis and not as a class or representation action. Neither you nor SkyDesksshall be a member of a class, consolidated or representative action or proceeding. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration shall be borne equally by the Parties. Neither Party nor the arbitrator may disclose the existence or results of any arbitration hereunder. The authority of the arbitrator to award damages in any event is and shall be limited by this Agreement.
19. GENERAL INFORMATION.
19.2 Choice of Law and Forum. This Agreement and the relationship between you and SkyDesksshall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfax, Virginia.
19.3 Waiver and Severability of Terms: The failure of SkyDesksto exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.