Terms of Service

1.1 Agreement

This agreement is between the customer (referred to as "you," "your," or "customer") and Greenhill Technologies Inc., doing business as NYCServers and NewYorkCityServers (referred to as "we," "us," "our," "NYCServers," or "NewYorkCityServers"). By creating an account, placing an order, or using our services, you acknowledge that you have read, understand, and agree to be bound by these Terms of Service.

1.2 Modifications to Terms

NYCServers reserves the right to update or modify these Terms of Service at any time. You are obligated to follow this agreement and any modifications made to it. Continued use of our services following any changes constitutes acceptance of those changes.

1.3 No Guarantee of Service

NYCServers makes no guarantee of service. We reserve the right to reject service orders at our sole discretion. We may also terminate services after activation, in which case refunds may be provided depending on the circumstances at our sole discretion.

1.4 Limitation of Liability

NYCServers shall not be responsible for any potential damages that the customer may experience. This includes, but is not limited to, data loss, service interruptions, security breaches, or any service being compromised. The customer agrees not to hold NYCServers liable for any such damages. In no event shall NYCServers' total liability exceed the amount paid by the customer for the affected service in the twelve (12) months preceding the claim.

1.5 Indemnification

You agree to indemnify, defend, and hold harmless NYCServers, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to your use of our services, your violation of these Terms, or your violation of any rights of another party.

1.6 Force Majeure

NYCServers shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, power grid failures, internet backbone outages, government actions, or other force majeure events.

1.7 Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of law provisions.

1.8 Dispute Resolution

Before initiating any formal dispute resolution, you agree to first contact NYCServers at [email protected] and allow thirty (30) days to attempt to resolve the matter informally.

Any disputes not resolved informally shall be resolved through binding arbitration administered by JAMS in accordance with its applicable rules. The arbitration shall take place in Connecticut. Each party shall bear their own arbitration filing fees and costs. Either party may bring claims in small claims court if the claims qualify. NYCServers reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of our intellectual property or other proprietary rights.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in class action lawsuits or class-wide arbitration against NYCServers.

Any claim or cause of action arising out of or related to these Terms or our services must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

1.9 Assignment

NYCServers may assign this agreement at any time without notice or consent. You may not assign or transfer your account or this agreement to any other party without our prior written consent.

1.10 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

1.11 Waiver

The failure of NYCServers to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by NYCServers.

1.12 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and NYCServers concerning your use of our services and supersede any prior agreements or understandings.

2.1 Eligibility

By placing a service order, you acknowledge that you are at least eighteen (18) years of age. If you are under the age of 18, a legal guardian must accept this agreement and complete the order and payment on your behalf.

2.2 Account Information

You must provide accurate, current, and complete information during registration and keep your account information updated. Providing false or misleading information may result in account termination.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify NYCServers immediately of any unauthorized use of your account or any other breach of security.

2.4 One Account Per Person

Each individual or entity is permitted to maintain only one account. Creating multiple accounts is prohibited and may result in termination of all associated accounts.

2.5 Business Accounts

If you are registering on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms. The organization shall be bound by this agreement. If it is determined that you did not have such authority, you agree to be personally liable for all obligations under these Terms.

2.6 Account Sharing

Account sharing is not permitted. Each user must have their own account. Sharing account credentials with others is prohibited and may result in account termination.

2.7 Verification

NYCServers reserves the right to request additional verification at any time. This may include, but is not limited to, a government-issued photo ID, a utility bill, or a copy of the payment method used. Failure to provide requested verification may result in immediate account termination.

2.8 Prohibited Users

Users who have been previously terminated by NYCServers are prohibited from creating new accounts or using our services. If a previously terminated user is found to have created a new account, that account will be terminated immediately without refund.

3.1 Automatic Recurring Services

Unless otherwise noted, all services are automatically recurring. NYCServers will generate an invoice for service renewal fourteen (14) days before the due date. Upon invoice creation, an email notification is sent to the email address associated with your account. A reminder email is sent seven (7) days before the due date if the invoice remains unpaid.

3.2 Payment Methods

We accept credit cards and PayPal. You must use your own payment method when paying for services. Using a payment account belonging to someone else is strictly prohibited and may result in account suspension or termination.

3.3 Automatic Billing

You agree to be automatically billed until a cancellation request is submitted for your service. If an invoice remains unpaid on its due date, NYCServers will attempt to charge your saved credit card or PayPal account.

3.4 Late Payments

If we are unable to collect payment for an invoice, it will become overdue. Email notifications will be sent informing you of the overdue status. If an invoice remains unpaid for three (3) days past its due date, a late fee of twenty percent (20%) will be added to the invoice. This late fee is applied once and does not compound.

3.5 Service Suspension

If an invoice remains unpaid for three (3) days past its due date, the service associated with that invoice is subject to suspension. The suspended service will remain offline until the overdue invoice, including any applicable late fees, is paid in full.

3.6 Payment Problems

NYCServers is happy to work with customers who experience problems paying for their service on time. Should you face a problem making a payment, please contact us at [email protected] so that we can help ensure your service stays online and no late fee is applied to your account.

3.7 Payment Disputes (Chargebacks)

Opening a payment dispute or chargeback with your payment provider will result in immediate suspension of all services under your account. NYCServers reserves the right to terminate all services without the option for refund. If you have a billing concern, please contact us directly before initiating a dispute with your payment provider.

3.8 Cancellation Requests

Customers who wish to cancel their service must submit an official cancellation request through the NYCServers customer portal at https://newyorkcityservers.com/billing/clientarea.php. All cancellations take effect at the end of the current billing cycle. Your service will remain active until the next invoice due date, at which point it will be terminated and all data will be permanently deleted. No prorated refunds are provided for unused portions of a billing cycle.

3.9 Refund Policy

NYCServers offers a fourteen (14) day full refund period for VPS services only, starting from the original order date. Customers who wish to request a refund within the first 14 days may contact support, and a full refund will be issued to the original payment method or as account credit. After 14 days from the original order date, no refunds are available. Dedicated server services are non-refundable.

3.10 Fraudulent Activity

Fraudulent orders and activity are reported to the proper authorities.

4.1 Uptime Guarantee

NYCServers guarantees that services will be available 100% of the time during forex market trading hours, defined as Sunday 5:00 PM Eastern Time to Friday 5:00 PM Eastern Time. In the event that we fail to meet this guarantee, customers are eligible to claim service credits as outlined in our Service Level Agreement.

4.2 Service Level Agreement Credits

The following service credits apply based on monthly uptime during trading hours:

• 99.9% uptime: 10% service credit
• 99.8% uptime: 20% service credit
• 99.7% uptime: 30% service credit
• 99.6% uptime: 40% service credit
• 99.5% uptime: 50% service credit
• 99.4% uptime: 60% service credit
• 99.3% uptime: 70% service credit
• 99.2% uptime: 80% service credit
• 99.1% uptime: 90% service credit
• Below 99.0% uptime: 100% service credit

4.3 Uptime Guarantee Exceptions

The following are excluded from uptime calculations:

• Emergency and scheduled maintenance activities
• Service suspension due to overdue invoices, abuse, or other policy violations
• Third-party internet service provider issues, including your ISP or our upstream providers
• Force majeure events
• VPS compromises, viruses, DDoS attacks, or other security incidents
• Any period of service issues prior to being reported to NYCServers

4.4 Hardware Replacement Guarantee

In the event of a hardware failure in either a server or network equipment, NYCServers guarantees that the failed component will be replaced within twenty-four (24) hours, including weekends and holidays. The 24-hour period begins once we have diagnosed the problem and determined the exact failed component. Time required for RAID storage rebuilds is not included in this guarantee. If we fail to meet this 24-hour window, a 100% service credit will be issued to your account.

4.5 Scheduled Maintenance

All scheduled maintenance is performed outside of forex market trading hours and does not affect our 100% uptime guarantee. Customers will receive at least twenty-four (24) hours advance notice of scheduled maintenance via email.

4.6 Emergency Maintenance

NYCServers reserves the right to perform emergency maintenance without advance notice when necessary to protect the security, integrity, or availability of our infrastructure.

4.7 Support

Technical support is available 24 hours a day, 7 days a week via support ticket, email, and live chat. While we strive to respond promptly, no specific response time is guaranteed.

4.8 Service Modifications

NYCServers reserves the right to modify, upgrade, or discontinue services with at least seven (7) days advance notice.

4.9 Third-Party and Network Issues

NYCServers is not liable for service disruptions caused by upstream providers, internet backbone outages, datacenter issues, or any other circumstances outside of our direct control.

5.1 Legal Use Only

Customers may use NYCServers services for lawful purposes only. Transmission, distribution, storage, or linking to any material that violates any applicable law is strictly prohibited.

5.2 Prohibited Activities

The following activities are strictly prohibited and may result in immediate suspension or termination of services at NYCServers' sole discretion:

• Spam: Transmitting unsolicited bulk messages or hosting websites advertised via spam
• Phishing: Hosting websites designed to steal user credentials or personal information
• DDoS Attacks: Conducting or participating in distributed denial-of-service attacks
• Malware: Hosting, distributing, or developing malicious software
• Hacking: Attempting unauthorized access to any network or system
• Copyright Infringement: Hosting or distributing pirated or copyrighted material without authorization
• Adult Content: Hosting pornographic or adult material
• Cryptocurrency Mining: Mining cryptocurrencies on our infrastructure
• Torrenting/File Sharing: Operating torrent clients or file-sharing services
• VPN/Proxy Services: Running VPN or proxy servers
• IP Spoofing: Forging or manipulating IP addresses
• Port Scanning: Scanning networks or systems you do not own
• Network Interference: Any activity that degrades service for other customers
• Resource Abuse: Excessive use of shared resources that impacts other customers

5.3 DDoS Attack Targets

If your service is the target of a DDoS attack, NYCServers reserves the right to null route the affected IP address or temporarily suspend the targeted service to protect our infrastructure and other customers.

5.4 DMCA and Copyright

NYCServers responds to valid DMCA takedown requests and will remove infringing content as required by law.

5.5 Enforcement

Violations of this Acceptable Use Policy may result in immediate suspension or termination of services at NYCServers' sole discretion, on a case-by-case basis. NYCServers reserves the right to report illegal activity to law enforcement and to share customer information as required by law.

6.1 Service Description

NYCServers offers bare metal dedicated server rentals. With this service, you are renting remote access to a physical dedicated server. You are responsible for any software installed on the server.

6.2 Remote Access

Remote Desktop access is provided for all dedicated server customers. KVM (keyboard, video, mouse) access is available on demand through the customer portal. Physical access to dedicated servers is not permitted under any circumstances.

6.3 Unmanaged Service

All dedicated servers are unmanaged. You are responsible for all software installation, configuration, maintenance, and security. This includes keeping all software up to date and securing your server against unauthorized access. NYCServers is not responsible for any software-related issues.

6.4 Operating System

Windows Server is provided with licensing included.

6.5 Administrative Access

Full Windows administrator access is provided to all dedicated server customers.

6.6 Traffic Allowance

Unless otherwise noted, all dedicated servers include 5TB of traffic per month. Traffic is calculated by combining total incoming and outgoing traffic. If you exceed your allotted traffic, NYCServers reserves the right to charge $0.50 per gigabyte over the limit and/or limit your port speed.

6.7 IP Addresses

One (1) IP address is included with each dedicated server service.

6.8 Server Security

You are solely responsible for the security of your dedicated server, including keeping all software updated and properly configured. NYCServers reserves the right to suspend any compromised server to protect our infrastructure and other customers.

6.9 Service Upgrades

Customers may request service upgrades as needed by contacting support.

7.1 Service Description

NYCServers offers Windows VPS services optimized for forex and financial trading. Each VPS provides remote access to a Windows environment where you can run your trading software.

7.2 Remote Access

Remote Desktop access is provided for all VPS customers.

7.3 Operating System and Software

A clean Windows installation is provided. During the order process, you may optionally select pre-installation of MetaTrader 4, MetaTrader 5, or broker-specific software.

7.4 Unmanaged Service

All VPS services are unmanaged. You are responsible for all software installation, configuration, and maintenance.

7.5 Traffic Allowance

Unless otherwise noted, all VPS services include 1TB of traffic per month. If you exceed your allotted traffic, NYCServers reserves the right to charge $0.50 per gigabyte over the limit and/or limit your port speed.

7.6 IP Addresses

One (1) IP address is included with each VPS service.

7.7 Fair Use

NYCServers reserves the right to throttle or suspend VPS services that exhibit excessive resource usage that negatively impacts other customers on shared infrastructure.

7.8 Multiple Services

Customers may have multiple VPS services under a single account.

7.9 No Financial Advice

NYCServers does not provide financial advice, money services, or any guarantee of profitability. Our services are infrastructure only.

7.10 Trading Risk Acknowledgment

You acknowledge and understand that forex and other trading activities are inherently high risk. Using our VPS platform does not reduce the risks associated with trading. You understand and agree that NYCServers cannot be held liable for any trading losses or damages related to trades executed on our platform.

7.11 Trading Responsibility

You take full responsibility for any and all trades executed on our services.

7.12 Income and Loss Liability

In the event of any service problem, including network disconnects, server downtime, crashes, or data loss, NYCServers cannot be held liable for any potential income, profits, or trading opportunities you may have realized if the service was operating normally.

7.13 Service Interruption Acknowledgment

You acknowledge and understand that trading on our platform may be interrupted by factors outside of NYCServers' control. You agree that we cannot be held liable for any damages that occur due to such interruptions.

8.1 No Backups by Default

NYCServers does not take customer data backups unless you have purchased our optional backup service. You are responsible for maintaining your own backups of all data.

8.2 Optional Backup Service

An optional backup service is available for VPS services only at $10.00 per month. Backups are taken weekly on Saturday. This service is not available for dedicated servers.

8.3 Backup Restoration

If you have purchased the backup service and need to restore from a backup, there is no additional fee for restoration requests.

8.4 Customer Responsibility

Regardless of whether you have purchased our backup service, you are ultimately responsible for maintaining your own backups. We strongly recommend keeping local copies of all important data.

8.5 Data Loss Liability

NYCServers cannot be held liable for any data loss, regardless of cause. This includes data loss due to hardware failure, human error, security breaches, or any other circumstance.

8.6 Data Deletion on Termination

When a service is cancelled or terminated, all associated data is permanently deleted immediately. This deletion is irreversible and no recovery is possible. This policy applies to individual service terminations as well as full account terminations.

9.1 Privacy Policy

Your personal data is handled in accordance with our Privacy Policy, available at https://newyorkcityservers.com/privacy-policy.

9.2 Operational Communications

By using our services, you agree to receive operational communications from NYCServers. These include invoice notifications, payment receipts, support ticket replies, service announcements, maintenance notifications, and other communications necessary for the provision of our services. All communications are sent via email.

9.3 Promotional Communications

You may receive promotional emails from NYCServers about new services, features, or special offers. You may opt out of promotional communications at any time by using the unsubscribe link included in such emails.

9.4 Email Responsibility

You are responsible for keeping your email address current in our system and for regularly monitoring your email for notifications from NYCServers. We cannot be held responsible for any consequences resulting from missed notifications sent to the email address on your account.

10.1 Termination by Customer

You may cancel your services at any time by submitting a cancellation request through the customer portal. All cancellations take effect at the end of the current billing cycle.

10.2 Termination by NYCServers Without Cause

NYCServers reserves the right to terminate any account at any time without reason and without prior notice. Refunds in such cases may be provided at our sole discretion depending on the circumstances.

10.3 Termination for Cause

NYCServers may immediately terminate services without prior notice for violations of these Terms of Service, including but not limited to: non-payment, fraudulent activity, abuse, Acceptable Use Policy violations, or any illegal activity.

10.4 Effect of Termination

Upon termination, your services will be immediately discontinued and all account data will be permanently deleted. No recovery of data is possible after termination.

10.5 Outstanding Balances

NYCServers reserves the right to pursue collection of any outstanding balances owed at the time of termination.

10.6 Prohibited Users

Users who have been terminated by NYCServers are prohibited from creating new accounts. If a terminated user is found to have created a new account, that account will be terminated immediately without refund.

10.7 Survival

The following provisions shall survive termination of this agreement: Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive termination.