TERMS OF USE

THIS TERMS OF USE AGREEMENT AND RULES OF CONDUCT IS BETWEEN YOU (ALSO SOMETIMES REFERRED TO AS THE "USER"), AND ACTFOREX, INC ("ACTFOREX"), AS FOLLOWS:

YOU EXPRESSLY ACKNOWLEDGE NEITHER ACTFOREX, THE ACTFOREX FORUM, OR THE ACTFOREX KNOWLEDGE BASE (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "FORUM") NOR THE DATA OR INFORMATION PRODUCED THROUGH THE USE OF, OR DISPLAYED OR CONVEYED ELECTRONICALLY BY ANY MEANS WHATSOEVER, ON OR IN THE FORUM, CONSTITUTES A RECOMMENDATION BY ACTFOREX TO ANY PERSON WHATSOEVER TO BUY OR SELL FINANCIAL INSTRUMENTS, NOR DOES SUCH DATA OR INFORMATION CONSTITUTE AN OFFER BY ACTFOREX TO ANY PERSON TO BUY OR SELL FINANCIAL INSTRUMENTS. YOU ACCEPT FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR FINANCIAL TRANSACTIONS YOU MAKE INCLUDING WITHOUT LIMITATION, ANY FINANCIAL LOSS YOU MAY INCUR, WHETHER DIRECTLY OR OTHERWISE, AND ACKNOWLEDGE THAT ACTFOREX RECOMMENDS THAT YOU CONSULT WITH A PROFESSIONAL AND LICENSED FINANCIAL CONSULTANT BEFORE INVESTING MONEY IN ANY CAPACITY. ACTFOREX STATES THAT ACTFOREX IS A MANAGED SERVICE PROVIDER ONLY, AND AS SUCH IS NOT ACTING AS YOUR FINANCIAL ADVISOR OR FIDUCIARY (OR IN ANY SIMILAR CAPACITY) AND ANY ADVICE, INFORMATION OR ANALYSIS GIVEN OR DISPLAYED IN CONNECTION WITH THIS FORUM IS, AND WILL BE, MERELY INCIDENTAL AND SHALL NOT SERVE AS A PRIMARY BASIS OF ANY INVESTMENT DECISION BY YOU. TO THE GREATEST EXTENT ALLOWABLE BY LAW, ACTFOREX SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY PERSON BECAUSE OF YOUR INTENTIONAL OR UNINTENTIONAL USE OF THE FORUM. UNDER NO CIRCUMSTANCES SHALL ACTFOREX, ITS SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE FORUM INCLUDING BUT NOT LIMITED TO PECUNIARY LOSS OF ANY KIND OR LOSS OF FINANCIAL CAPITAL, LOST PROFITS, LOSS OF BUSINESS, TRADING LOSS, LOSS OF DATA OR USE OF DATA, ANY UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF YOUR COMPUTERS, COMPUTER SYSTEMS, DATA FILES, PROGRAMS OR INFORMATION, OR COSTS OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, OR FOR ANY DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT ACTFOREX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU DO NOT AGREE WITH ALL TERMS AND CONDITIONS HEREOF, DO NOT USE THIS FORUM.

Rules of Conduct

1. As a user of this site, you will be held solely responsible for the content of any message that you post, in any format whatsoever. If you post libelous, defamatory, slanderous, or otherwise untruthful remarks about a person or company, you may be held legally liable.

2. By posting information or comments in any thread, chat room, message board, or other interactive service that may be available to you through the Forum, you expressly agree to not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:

  • contains profane or vulgar language;
  • is insulting, argumentative without merit, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or an invasion of another's privacy;
  • contains explicit or graphic descriptions or accounts of sexual acts;
  • use vulgar language in the creation of a user name or otherwise violates the Forum's rules or policies or these Rules of Conduct;
  • harasses, degrades, or intimidates an individual or group of individuals;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or any proprietary right of any party;
  • breaches the terms of conditions of any confidentiality or non-disclosure agreement to which you may be subject;
  • constitutes unauthorized or unsolicited advertising, including junk, bulk, or spam e-mail, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • impersonates any person or entity, including any employee or representative of ActForex or the Forum.

3. Collection of information about the users of this site through any means whatsoever or using such information for the purpose of soliciting business of any kind or transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications is strictly prohibited.

4. Registration is limited to one username per user. The Forum may, without prior notice, immediately terminate your ability to use the Forum after discovering you have registered, and/or posted under, multiple usernames.

5. Advertisements and solicitations of any kind are strictly prohibited. As a person who does not represent an ActForex site sponsor, you may not solicit any user with any type of commercial offer, or advertise your business through your public posts, private messages, profile page, or file attachments, which includes, but is not limited to, posting your phone or fax number(s), email or postal addresses, and posting any URLs or hyperlinks to your commercial web site(s) or email account(s) or otherwise disclosing any business contact information to any other user. The Forum may remove or edit any posted content, without prior notice, that contains unauthorized advertisements or solicitations and may, without prior notice, immediately terminate your ability to access the Forum upon discovery of any unauthorized advertising or solicitation.

6. ActForex cannot accept any ideas or content considered to be proprietary. Consequently, any material you submit to this site, in any format whatsoever, will be deemed an unrestricted, irrevocable, and perpetual grant of a royalty free, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised or refrain there from in ActForex's sole discretion. Additionally, you warrant and represent that you hereby irrevocably waive any moral rights in regard to any material you submit to the Forum and you also agree that ActForex is free to use, for any purpose, any ideas, concepts, know-how or techniques that you send it, without obligation to you of any kind.

7. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform with the law, and respond to claims or comply with legal inquiries about the content of your posts. Also see our Privacy Policy for information on how we collect and use your personal information.

8. ActForex does not pre-screen the content posted by users. However, the Forum and its agents have the right, in their sole discretion, to remove any content that in the Forum's sole judgment, does not comply with the Rules of Conduct or is otherwise harmful, objectionable, or inaccurate. The Forum and its agents may suspend or ban users posting such content at any time without notice, however, the Forum is not responsible for any failure or delay in removing or editing such content.