Acceptable Use Policy [AUP]

IMPORTANT: YOU ARE HEREBY ADVISED THAT ANY BREACH OF THIS ACCEPTABLE USE POLICY OR OTHERWISE MANIPULATING, ABUSING OR EXPLOITING 10MARKETS’S ONLINE TRADING SERVICES OFFERED TO THE PUBLIC, MAY RESULT IN SIGNIFICANT MONETARY AND OTHER DAMAGES TO 10MARKETS AND/OR THIRD PARTIES, INCLUDING OTHER USERS AND TRADERS LIKE YOURSELF, AND 10MARKETS SHALL BE ENTITLED TO SEEK ANY REMEDY AVAILABLE TO IT HEREUNDER OR UNDER LAW, INCLUDING AN INJUNCTIVE RELIEF.

Without derogating of the provisions of the following Acceptable Use Policy, any of the following activities are explicitly prohibited and shall be deemed fundamental breach of the Terms of Service Agreement:

• Unauthorized automated access to the services and systems.
• Latency exploitation in trading.
• Coordinated trade through multiple accounts (including trading in tandem).
• Any reverse engineering of the software or the services.

1. Scope of AUP

1.1. The AUP applies to all systems and services offered by 10Markets, without exceptions.
1.2. The AUP applies to everyone, including all clients, users and visitors ("User" or "You").
1.3. The prohibited activities and uses set out in this AUP are not a complete list. If you are unsure about any contemplated action you should contact 10Markets immediately.

2. Automated Access


2.1. You may not use, under any circumstances, any software which automatically accesses or operates on 10Markets’s systems, websites or systems, unless such software is officially provided by 10Markets.


3. Prohibited Activities


3.1. 10Markets shall not use, and will take reasonable actions to ensure that no user or third party shall use its systems in any of the following ways:
3.1.1. Fraudulently or in connection with any criminal offense.
3.1.2. To send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy and/or any other rights.
3.1.3. To cause annoyance, inconvenience or anxiety.
3.1.4. To spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party.
3.1.5. In any way which, in 10Markets’s reasonable opinion, is or is likely to be detrimental to the provision of the 10Markets service to the company or any of 10Markets's or its shareholders' and/or affiliates' and/or directors and/or lawyers and/or trustees and/or bankers and/or customers and/or business and/or reputation.
3.1.6. In contravention of any licenses or third party rights.
3.1.7. To attempt to interfere with any 10Markets service to any user, host or network this includes without limitation:
3.1.7.1. Flooding of networks;
3.1.7.2. DOS (denial of service) attacks of any sort;
3.1.7.3. Deliberate attempts to overload a service and attempts to crash a host;
3.1.7.4. Any attempt to abuse, manipulate or benefit of an error, software bug, security backdoor or breach, latency differences;
3.1.7.5. Resale of services;
3.1.7.6. Any sort of automated, cooperative or multi-user operation (explicitly including tandem-trading) to circumvent or exploit the services or systems;
3.1.7.7. For transmitting E-mails, code or files which contain computer viruses or corrupted data or Trojan horses or tools which compromise the security of web sites or user data. This explicitly includes spyware and malware of any sort.
3.2. You acknowledge and agree that the list of prohibited activities set out in clause 2.1 is a non-exhaustive list. 10Markets reserves the right to cancel any deal and/or hold and offset any funds and/or demand any fund or right due to inacceptable use of its services, taking advantage of mistakes or abusing its systems.
3.3. You will not allow use of the System or access to any person who is not a Client and will not copy, distribute, publish, transmit, display, modify, prepare derivative works based on, report or otherwise use the system in whole or in part for the use of any other person.
3.4. The trademarks and logos displayed on the system are registered trademarks of 10Markets and/or respective persons. Any use of such trademarks may only be allowed after the written consent has been obtained.

4. Network Security


4.1. You shall not:
4.1.1. Violate or attempt to violate 10Markets’s security or attempt to interfere or interfere with 10Markets’s networks, authentication measures, servers or equipment.
4.1.2. Attempt to circumvent user authentication or security of any host, network or account which includes accessing data not intended to the recipient, logging onto a server where access is not authorized or probing the security of other networks.
4.1.3. Attempt to gain access to any account or computer resource not belonging to you through 10Markets’s System and/or services.

5. Violation of this AUP


5.1. 10Markets shall be entitled to take organisational, automated and discretionary measures to ensure compliance with this AUP and all other rules and policies by all users.
5.2. Any right of 10Markets hereunder, explicitly including the right to impose a sanction, shall not be deemed as to obligate 10Markets in any way to exercise such right (or impose such sanction).
5.3. Failure to exercise any right of 10Markets herein shall not be deemed a waiver of such right, including the imposition of a specific sanction.
5.4. 10Markets may stop any person from accessing the System and may take such adequate measures as 10Markets deems necessary to prevent such access, if 10Markets becomes aware of any circumstances which give reason to believe that a login is being misused.
5.5. If you or any other person violate any term of this AUP, 10Markets may, without notice to 10Markets and without any liability to 10Markets and/or its clients and/or any other party:
5.5.1. Require clarifications, authentications, documentations or other proof or details relevant to an investigation.
5.5.2. Prevent Client access to the System for good cause at its discretion.
5.5.3. Repair, rectify and/or rollback Client's transactions to perform restitution for and by 10Markets’s or third party.
5.5.4. Offset, deduct and/or confiscate funds and/or information as required at its discretion in accordance with law and/or any court order or instructions from a competent investigative or law enforcement authority.
5.5.5. Suspend or terminate 10Markets’s use of its systems and/or service; or
5.5.6. Take any action as it considers appropriate. For the avoidance of doubt, the exercise by 10Markets of its rights hereunder will not require 10Markets to compensate the user for loss of access to the 10Markets’s System and service.
5.6. A violation of this AUP by a person having only indirect access to the 10Markets service through you, will be considered a violation by you, including whether or not the violation was in with your knowledge or consent. You are responsible for any and all actions of its Clients to whom it directly or indirectly provides its services.
5.7. 10Markets may cooperate with system administrators or other network or computing services providers to enforce this AUP or a policy of another provider.
5.8. 10Markets may involve, and will cooperate with, law enforcement if criminal activity is suspected.

Additional conditions


Please note this policy cannot be exhaustive, and additional conditions or requirements may apply at any time due to technological changes, experience, regulations and policies, including those set in order to prevent money laundering. This AUP is subject to change at 10Markets’s sole discretion at any time and any change is effective when posted on 10Markets’s website or otherwise made known to 10Markets.
Please note any and all usage of the site and services is subject to the Terms and Conditions, as may be amended from time to time by 10Markets, at its sole discretion.
For queries concerning policy matters, please contact us at anytime.
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