IMPORTANT NOTICE: All payments made to MyTradeHost.com are Non-Refundable. Please consider carefully before you purchase products and services. There are no exceptions.

Terms of Service Agreement

Legal Agreement

This legally binding contract (the “Agreement”) is by and between MyTradeHost.com (“MyTradeHost”) and you and your assigns, employees, agents or contractors (“You”, “Your”, the “Client”) and is effective as of the date you purchase any services from or through MyTradeHost. This binding contract supersedes any marketing, sales or other terms or claims found elsewhere on websites, promotions, literature or written and verbal communications including but not limited to email, phone, instant messaging, fax, sms, voice and video.

This Agreement sets forth the terms and conditions of Your use of MyTradeHost’s services (collectively, the “Services”) and represents the entire agreement between You and MyTradeHost relating to the Services. This Agreement contains provisions that set forth MyTradeHost’s Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the “Uptime Guarantee” and “Service Level” sections below).

By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that MyTradeHost may establish and post on its website from time to time, with or without notice to You.

Click on the titles below to expand each section of the agreement:

Description of Services

MyTradeHost provides the Services to its customers for a monthly or contract fee. MyTradeHost will provide You an account on one or more servers, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. MyTradeHost reserves the right to modify its software, servers, network and facilities used to provide the Services for purposes including, but not limited to, accommodating changing technology and increased network demand, and providing enhanced services. MyTradeHost shall use reasonable efforts to notify You in advance of any planned changes to MyTradeHost’s software, technology, network or facilities that may adversely affect the Services provided under this Agreement.

Fees

Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date (unless otherwise designated in a separate contract) for all future billings including one time fees, upgrades, additional services, terminations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by MyTradeHost in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.

All payments made to Market Linked Inc, a US Corporation (also known as MyTradeHost.com), are Non-Refundable.

Payment Options

MyTradeHost provides several options for payment:

– Credit Card on File. When you place a credit card on file with MyTradeHost, we will, typically, bill the card a few days before your invoice is due (typically from 5 to 10 days). A courtesy invoice is usually sent 15 days prior to the due date.

If the credit card charge is expired, not authorized or declined by our processing company or your bank, we will notify you via E-mail. We request that you update your card promptly or remedy the payment arrangements with your bank or credit card company.

If your invoice becomes past due (from the invoice Due Date) then MyTradeHost reserves the unconditional right to immediately terminate service. Terminating service shall include stopping access to services and deleting, removing and erasing all data and software entirely from the account and servers.

– Checks, Money Orders, Wire Transfers payments. MyTradeHost accepts both checks and money orders. In the event a check is returned, MyTradeHost will charge a returned check fee of $35.00 or, if less, the legal limit in Your state or country. You are responsible for payment of all bounced check fees.

In the event Your invoice is past due (from the invoice Due Date) then MyTradeHost reserves the unconditional right to immediately terminate service. Terminating service shall include stopping access to services and deleting, removing and erasing all data and software entirely from the account and servers.

Bounced payments will incur a fee of $35.00 or, if less, the legal limit for a bounced check or payment in your state or country.

In the event Your invoice is past due (from the invoice Due Date) then MyTradeHost reserves the unconditional right to immediately terminate service. Terminating service shall include stopping access to services and deleting, removing and erasing all data and software entirely from the account and servers.

Late Payment

MyTradeHost reserves the right to charge a late fee of 1.5% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.

Non-payment Termination

In the event you fail to pay your invoice by the due date or carry a negative balance, we reserve the unconditional right to immediately terminate your service. Terminating service shall include stopping access to services and deleting, removing and erasing all data and software entirely from the account and servers.

If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.

Overage Billing

“Overage” is defined as usage of the Services provided by MyTradeHost to You in excess of the allocated limitation. Overages are charged for SAN, Backup, Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account.

You agree to pay the then-current Overage fees and charges for the MyTradeHost services, including backup and bandwidth Overage fees, upon receipt of an invoice.

Overage rates are set and published on our website at http://mytradehost.com/overage_fees. Overage fees can be avoided by subscribing to a higher service plan.

Term and Termination and Money Back Guarantee

You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed (cancelled), no later than ten (10) days before the next upcoming anniversary date for billing. This cancellation deadline is strictly enforced.

In order to cancel service with MyTradeHost, you must go to this link: https://mytradehost.com/service/billing/clientarea.php?action=products and cancel the service(s) you wish to terminate. Cancellation requests by phone or email are NOT accepted. For more information on how to terminate Your account, please contact the MyTradeHost billing department.

When you request termination, we will follow this process: We will first contact you to confirm the termination and verify that you are authorized under your account to terminate it. Then, we will immediately suspend billing. Regarding mid-month or mid-period terminations, MyTradeHost will not issue pro-rated refunds for payments received in the middle of a payment cycle. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.

MyTradeHost may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, MyTradeHost shall have no obligation to refund any fees paid in advance by You.

At this time, MyTradeHost does not offer a refund-based Money Back Guarantee of any kind. Further, there are no exchanges or upgrades offered.

Chargebacks and Payment Disputes

Under this Terms of Service agreement you must first contact MyTradeHost to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question. By agreeing to the terms of service, you will not initiate a chargeback to your payment because all payments made to MyTradeHost are NON-REFUNDABLE. Further, any chargeback still initiated by you will require an administrative and chargeback billing fee of no less than $100 per chargeback incident. You may also be assessed with an additional restocking fee that may amount up to 100% of the original cost of products and services.

By using our services You agree to the above policy and to contact MyTradeHost before contacting your financial institution to seek a resolution.

In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.

Promotional or Special Offers: Pre-payment Offers

From time to time, MyTradeHost may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first months service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.

Tortuous Conduct

Any abuse towards any MyTradeHost employee or management will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to MyTradeHost. Any cursing, yelling, or further intentional disruptive behavior aimed at MyTradeHost or its employees or management shall be considered a violation of this Terms of Service agreement.

Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards MyTradeHost or any of MyTradeHost’s employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.

Further, any conduct that interferes with MyTradeHost business activities with other customers, vendors, contractors, partners, government, etc. shall be construed as a violation of this Terms of Service agreement, and may include legal actions against You.

No refunds shall be given when the above Tortuous Conduct clause is in violation and necessitates the termination of an account or services.

License to Host

You hereby grant to MyTradeHost a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by You to the MyTradeHost servers. MyTradeHost shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the MyTradeHost servers. You are responsible for any of your content residing on MyTradeHost’s servers and for the backup thereof.

Storage and Security

At all times, You bear full risk of loss of any content and software you place on the MyTradeHost servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.

MyTradeHost does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through MyTradeHost’s ticketing system. MyTradeHost has no obligation to provide any management or security services to fulfill Your requests.

You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on MyTradeHost servers. MyTradeHost shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

MyTradeHost Service Level Agreement

MyTradeHost shall provide You with a level of service consistent with the MyTradeHost company policies as explained below (the “Service Level Agreement”). To the extent that MyTradeHost does not provide the Services at the levels in this Service Level Agreement, it will credit Your account in an appropriate amount, reflecting percentages of the monthly fees You pay to MyTradeHost for the Services.

To the extent MyTradeHost does not provide the Service within the applicable time commitment, You will be eligible to receive the Amount of Credit (but NO REFUND) as set forth below:

Hardware Replacement: The replacement of any server hardware component such as, but not limited to, hard drives, memory or processors substantially affecting the performance of the Services, after having been determined by MyTradeHost in its reasonable discretion to require replacement. Time Guarantee: 72 hours. Amount of Credit: 5%. Can only be applied once per incident determined to be the same by MyTradeHost. [Measured from MyTradeHost’s issuance of written notice to You that the affected hardware requires replacement, after appropriate trouble shooting.]

First Response to Support Ticket: The first written response from MyTradeHost to a Support Ticket that You submit seeking support for the Services. Does not apply to tickets other than support tickets, e.g., sales, billing and abuse. And support is only delivered via online support or email. Time Guarantee: 6 hours. Amount of Credit: 5%. Can only be applied once per incident determined to be the same by MyTradeHost. [Measured from the time MyTradeHost’s system assigns Your Support Ticket a number in its system.]

Ticket Update Frequency: The written update provided to You on the status of Your previously-submitted Support Ticket. Does not apply to tickets other than support tickets, e.g., sales, billing and abuse, or to subsequent amendments, additions or changes by You to a Support Ticket. Time Guarantee: 12 hours. Amount of Credit: 5%. Can only be applied once per incident determined to be the same by MyTradeHost. [Measured from the time of the First Response to Support Ticket, or previous update You make to a Support Ticket, as applicable.]

Escalation to Senior Staff Time: The written response You will receive from a Senior Staff member in the event MyTradeHost determines in its reasonable discretion that Your issue requires Senior Staff attention. Time Guarantee: 24 hours. Amount of Credit: 5%. Can only be applied once per incident determined to be the same by MyTradeHost. [Measured from the time You are notified in writing that Your issue is being escalated to a MyTradeHost Senior Staff member until You receive written communications from a Senior Staff member.]

Migrations: The movement of data from one server to another, at Your direction. Time Guarantee: case-by-case basis. Amount of Credit: 5%. Can only be applied once per incident determined to be the same by MyTradeHost. [Measured as the amount of time from the start of the migration until the server onto which data is being migrated is substantially available for reasonable use.]

Required Support Ticket Notice: You are required to inform MyTradeHost of all down-time problems in a timely manner (not more than 12 hours after a problem event occurs) through the Support Ticket system via online website login, in order to qualify for the Service Level Agreement. Failure to report issues in a timely manner through your online web account will disqualify You from receiving credits.

Network Uptime and Power Uptime

MyTradeHost guarantees that the Network and Power Services will be available 100% of the time and, except as provided in this Agreement, in the event the Network and Power Services are unavailable due to Downtime, You will be entitled to a credit as set forth below. For purposes of this Agreement, the term “Uptime” refers to the amount of time the Services are available in each calendar month, measured by MyTradeHost’s internal monitoring systems. THIS CREDIT WILL NOT BE GIVEN FOR HARDWARE FAILURES NOT RELATED TO DATA CENTER NETWORK AND POWER SERVICES.

The term “Downtime” shall refer to the amount of time the Services are unavailable due to issues with electrical power or network connectivity, as measured by MyTradeHost’s internal monitoring systems, but shall not include unavailability of the Services caused by initial provisioning, setup and installation, your server updates, emergency maintenance, scheduled maintenance, system upgrades, DNS issues outside MyTradeHost’s control, issues with FTP, POP, IMAP or SMTP customer access, overuse, acts or omissions by You or any of Your employees or agents, Your violation of MyTradeHost’s Acceptable Use Policy, or problems with users, web browsers, DNS, or other caching that might make it appear the Services are unavailable even though other internet users can access the Services.

Uptime Credits:

100% = 0% Credit
99.1% to 99.9% = 5% Credit
90% to 99% = 10% Credit
70% to 89.9% = 15% Credit
50% to 69.9% = 50% Credit
below 50% = 100% Credit

The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for such month for the affected Services. Credits are exclusive of any applicable taxes or surcharges charged to You or collected by MyTradeHost and are Your sole and exclusive remedy with respect to any failure by MyTradeHost to provide the Services. Credits are to be used for future services, and not a refund in payment. The provisions of the Agreement pertaining to Force Majeure are unaffected by the terms of this Service Level Agreement.

Your eligibility to receive credit is not cumulative, but is limited to one credit per incident. Merely by way of example, failure on the part of MyTradeHost to migrate Your data to a new server within the corresponding Time Guarantee shall not entitle You to a credit for a delayed response in the same incident related to the same matter. MyTradeHost shall apply credits based on the predominant issue with the problem, as determined in MyTradeHost’s reasonable discretion, and shall issue the larger of two credits should two equally important issues occur in the same incident.

Measurements of time for purposes of calculating eligibility for credit under this Service Level Agreement shall be based on completed full minute (60 second) increments and not partial minutes. By way of example, any fulfillment by MyTradeHost of its obligation to complete a task within 60 minutes shall be considered fulfilled in a timely manner if completed within 60 minutes and 59 seconds of the event triggering the calculation of the interval.

All credits will be tracked with Your account, and once MyTradeHost will apply the credit with the above-stated minimum is met.

Furthermore, credits are calculated by taking the total monthly service fee payment for the impacted services (the exact server(s), cloud instances or tickets that experienced the issue) and multiplying it by the credit percentage. To avoid any doubt, credits are never calculated for an entire account unless all services under that account were impacted.

Acceptable Server Use

You agree to use the Services primarily for trading with the trading platform(s), operating system(s) and brokerage(s) installed by the Company. Any other third party software or services you install, you run at your own risk.

You agree not to use the Services to:

– upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
– broadcast mass-email or mass-messages locally or across the internet
– administer IRC or any live chat or messaging services;
– harm minors in any way;
– impersonate any person or entity;
– “stalk” or otherwise harass another person;
– forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
– upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
– upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;”
– upload, post, email, 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;
– interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
– intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
– provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
– collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

Zero Tolerance Policy for Unsolicited E-mail/Black Listing

“Unsolicited E-mail Complaint” is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. “Unsolicited E-mail Incident” is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.

Black Listing: “IP Black Listing” is an occurrence when a third party black listing service determines that a MyTradeHost issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same “IP range”) being unable to send E-mail to certain third parties.

MyTradeHost has designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the “Act”.) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.

Zero Tolerance for Black Listing: MyTradeHost has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including “Spamvertising” other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, MyTradeHost reserves the right to discontinue your services immediately with or without warning.

Furthermore MyTradeHost will levy a Black Listing processing fee of $300 for the first instance of IP Black Listing and $500 for the second instance of IP Black Listing (collectively, the “Penalties”.) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to MyTradeHost. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.

Indemnification by You

You agree to indemnify, hold harmless, and defend MyTradeHost and all directors, officers, employees, and agents of MyTradeHost from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

You agree to indemnify, defend and hold MyTradeHost harmless against any and all claims, damages and liability occasioned by any conduct of You or Your customers, partners, staff or any related parties, including any and all claims arising from content uploaded or stored by You or Your customers, partners, staff or any related parties. You agree to indemnify MyTradeHost against transactions processed by MyTradeHost by or on Your behalf that are fraudulent in nature.

Agreement to Cooperate With Investigations

You agree that You will provide assistance to MyTradeHost in connection with any investigation, demand, or notice provided to MyTradeHost pertaining to any conduct or content of You or Your customers, partners, staff or any related parties made by any governmental agency or third party. Such assistance shall include but not be limited to investigation and necessary communication in connection with Takedown Notices issued to MyTradeHost pursuant to the Digital Millennium Copyright Act. You agree that You will cooperate with MyTradeHost in connection with all reasonable requests made by MyTradeHost for You to preserve all information and content that may be the subject of any investigation or third party claim.

Disclaimer of Warranties

You acknowledge and agree that MyTradeHost exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs, software and points of presence or the Internet. NEITHER MYTRADEHOST, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT MYTRADEHOST PROVIDES. NEITHER MYTRADEHOST, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. MYTRADEHOST IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY MYTRADEHOST.

Limitation of Liability

IN NO EVENT SHALL MYTRADEHOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF MYTRADEHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will MyTradeHost’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this Agreement pertaining to Uptime Guarantee apply to credits available to you for system downtime.

MyTradeHost’s Utilization of Third Party Services

MyTradeHost reserves the right, and You agree to pay for, services of third party consultants hired by MyTradeHost in its discretion to assist MyTradeHost in providing the Services to you. Fees for the services of third parties retained by MyTradeHost will be charged to You in the invoice covering the period during which the third party services were utilized by MyTradeHost.

Force Majeure

MyTradeHost shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

Intellectual Property

You represent and warrant that Your use of the Services shall not infringe the intellectual property or other proprietary rights of MyTradeHost or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of MyTradeHost is owned by MyTradeHost and/or its licensors. Unless otherwise specifically provided in this Agreement, You shall have no right, title, claims or interest in or to MyTradeHost’s intellectual property.

You shall not copy, modify or translate any MyTradeHost intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute MyTradeHost intellectual property in any manner without the prior written consent of MyTradeHost.

MyTradeHost respects the intellectual property of others, and we ask You to do the same. MyTradeHost may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Governing Law and Forum Selection

This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Delaware. The Delaware Court of Chancery shall have exclusive jurisdiction to hear any dispute under this Agreement, or, if such court is without subject matter jurisdiction, the United States District Court for Delaware shall have exclusive jurisdiction.

Waiver and Modification

Except as otherwise provided herein, this Agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Assignment and Severability

This Agreement shall be binding upon and inure to the benefit of You, MyTradeHost and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of MyTradeHost, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Non-Disparagement

You agree now, and after your service with MyTradeHost terminates, not to directly or indirectly, disparage MyTradeHost in any way or to make negative, derogatory or untrue statements about MyTradeHost, its business activities, or any of its directors, managers, officers, employees, affiliates, agents or representatives to any person or entity.

You or your representatives or associations shall never to disparage or speak ill will of MyTradeHost or any of their products, services, affiliates, subsidiaries, officers, directors, employees or shareholders, and will take reasonable steps to prevent and will not knowingly permit any of their respective employees or agents to disparage or speak ill of MyTradeHost or such persons.

Additional Incorporated Agreements

Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.

MyTradeHost reserves the right to modify this agreement as needed without notice, and You agree that by creating, using, or otherwise engaging in business with MyTradeHost, that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.

Affiliate Commissions Agreement

The Affiliate Commissions Agreement is an addendum that can be found at this link: http://mytradehost.com/affiliate-commissions-agreement/

For approved affiliates (whether existing clients or partners), all terms of the Affiliate Agreement supersede any verbal or written correspondence. By using and participating in the affiliate program, you agree to all Affiliate Commissions Agreement terms, and the entirety of this Terms of Service agreement.