Galaxynet :: Acceptable Use Policy
The following terms and conditions apply to all persons
and/or business entities ("Subscribers") using Galaxynet
for Internet access ("Service"). All Subscribers must agree to these terms
and conditions in order the Service.
Part A: Access to the Internet
- Subscriber Responsibilities
Part B: Billing and Payment
- Due Dates
- Method of Payment
Part C: General Provisions
- Changing Account Options
- Third-Party Sales and Service
- Monitoring Access
- Limitation of Liability
- Disclaimer of Warranties
- General Provisions
Galaxynet is an Internet service provider (ISP)
offering access privileges to both business and home subscribers through modem
and/or direct connect options. Galaxynet's primary mission is to provide the
fastest, most reliable Internet access to subscribers. Your registration with,
and/or continued use of, Galaxynet constitutes your agreement to these terms and
conditions and any disclaimers of warranty. The following may be changed
and/or updated periodically, without written, oral, or electronic
Part A: Access to the Internet
Galaxynet grants you, the subscriber, a non-exclusive,
non-transferable, limited license to access the Internet through Galaxynet, subject
to conditions generally beyond the control of Galaxynet, including the type and condition
of the equipment (personal computer, modem, etc.) of the subscriber. Service
may be temporarily unavailable or limited because of capacity limitations and may be
temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations,
repairs, and similar activities necessary for the proper operation of
Minors under 18 years
of age cannot be subscribers; however, a minor's parent or legal guardian may
authorize a minor to use his or her Galaxynet account. The Galaxynet account cannot be
assigned or transferred to any other person or entity without prior written
consent of Galaxynet.
- Subscriber Responsibilities:
This section describes activities which Galaxynet
considers to be violations of the terms of this Agreement and
which are therefore prohibited. The examples listed are not exhaustive
and may be changed periodically. They are provided solely for guidance
to Galaxynet's customers. If you are unsure
whether any contemplated use or action is permitted, please email
email@example.com for assistance.
Please be advised that
Galaxynet intends to exercise its rights under the Terms of Service
to immediately terminate service, without notice, to any account
which has been used in a manner that is disruptive or is otherwise
in violation of the Terms of Service. Actions which Galaxynet
considers violations of the Terms of Service include (but
not limited to) the following:
- Attempts to obtain unauthorized
access, such as attempts to circumvent user authentication or
security of any host, network or account ("cracking"). This includes
accessing data not intended for the customer, logging into a server
or account the customer is not expressly authorized to access
or probing the security of other networks.
- Attempts to interfere
with service to any user, host, or network. This includes "denial
of service" attacks, "flooding" of networks, deliberate attempts
to overload a service and attempts to "crash" a host.
- Use of any kind of program/script/command
designed to interfere with a user's terminal session.
- Harassment, whether through language, images, webpages, email,
and/or frequency, or size of email messages.
- Sending email to any
person who does not wish to receive it. If a recipient asks to
stop receiving email, the customer must not send that person any
further email. Please see our
- Sending unsolicited
bulk mail messages ("junk mail" or "spam") which, in Galaxynet's
sole judgment, is disruptive or generates a significant number
of user complaints. This includes bulk-mailing of commercial advertising,
informational announcements and political tracts. Please see our
- Forwarding or otherwise
propagating chain letters and pyramid schemes, whether or not
the recipient wishes to receive such mailings.
- Malicious email, such
as "mailbombing" or flooding a user or site with very large or
numerous pieces of email.
- Forging of message header information.
- Accounts may not be
used to collect replies to messages sent from another Internet
Service Provider where those messages violate this Acceptable
Use Policy or the Acceptable Use Policy of that other provider.
- Posting the same or
similar messages to large numbers of newsgroups (excessive cross-posting
or multiple-posting, also known as "USENET spam").
- Posting a message whose
subject or content is considered unrelated to the subject matter
of the newsgroup in which it is posted.
- Posting chain letters of any type
- Posting binary files to newsgroups not specifically named
for that purpose
- Canceling or superseding
posts other than your own, with the exception of official newsgroup
moderators performing their duties.
- Forging header information.
This includes attempting to circumvent the approval process for
posting to a moderated newsgroup or attempting to evade local
or remote spam filters.
- Selling any products
or services that are unlawful in the location at which the content
is posted or received.
- Posting any content
of the nature set forth in 47 U.S.C. Section 230(c)(2)(A) (i.e.,
material that is obscene, lewd, lascivious, filthy, excessively
violent, harassing or otherwise objectionable). Please see our
Adult Material Policy.
- Posting any content
that advocates, promotes or otherwise encourages violence against
any governments, organizations, groups or individuals or which
provides instruction, information or assistance in causing or
carrying out such violence.
- Posting any content
that holds Galaxynet (including its affiliates and vendors),
its employees or shareholders up to public scorn or ridicule.
- Posting any content
that violates any copyrights, patents, trademarks, service marks,
trade names, trade secrets or other intellectual property rights
- Failing to obtain all
required permissions to receive, upload, download, display, distribute,
or execute programs or perform other works protected by intellectual
property laws including copyright and patent laws.
- Deleting or altering
author attributes or copyright notices, unless expressly permitted
in writing by the author or owner.
- Posting of libelous,
defamatory, scandalous, threatening, harassing or private information
without the permission or consent of the person(s) involved, or
posting content that is likely to cause emotional distress.
- Introducing viruses,
worms, harmful code and/or trojan horses on the Internet.
- Promoting, marketing
or otherwise directing traffic (directly or indirectly) to a web
site hosted by the Service (including, but not limited to, your
particular web site) through the use of unsolicited commercial
e-mail or spam. Please see our
All rights, titles, and interests in downloaded
software and/or information are and shall remain the exclusive property of the
stated owners. You may not upload or reproduce in any way information protected
by copyright without obtaining permission of the copyright owner. Only public
domain files, and files in which the author has given expressed consent for
online distribution, may be uploaded to software libraries. Failure to comply
with this provision may result in immediate suspension or termination of your
Galaxynet contains copyrighted material, trade secrets, and
other proprietary software and documentation. You may not decompile, reverse
engineer, disassemble, or otherwise reduce the software to a human- or computer-perceivable
form. You may not modify, rent, lease, loan, sell, distribute, or create
derivative works based on Galaxynet in whole or in part. More copyright
information can be found at
Subscribers are responsible for the protection of
their account names, passwords, and all charges associated with their accounts.
In the event of any unauthorized access to your account, you must immediately
notify Galaxynet; however, you will remain responsible for all charges until Galaxynet
is notified. To protect yourself from unauthorized access to your account,
Galaxynet highly recommends that you change your password at least quarterly, and
that you do not share your account name and/or password with anyone.
Subscriptions are sold on a single log-in basis and cannot be accessed simultaneously
by multiple users using the same username. While connection time to the Service is
unmetered, dial-up accounts are not intended to be a continuous connection to the
Service. Unmetered access is defined as such; as long as the subscriber is in
front of the computer, actively using the Internet, there is no limit to online time.
If the subscriber is going to work, school, shopping, sleep, etc., then the
subscriber should disconnect from the Service. Connections will be disconnected
automatically during 30 minutes or more of inactivity.
Automated means of avoiding inactivity or disconnections are prohibited. Such automated means
include electronic or software auto-dialers, programs that maintain an active connection, pinging
the mail server, repetitive e-mail checks, ICQ, and other means currently available or developed in the
future. Be advised that Galaxynet may exercise its rights under these Terms of Service to immediately
terminate service, without notice, any account which has shown repeated
abuses of this section of the policies.
Part B: Billing and Payment
Subscribers are responsible for payment of services
agreed upon during registration or later modified by written correspondence.
Money paid to Galaxynet for services less than one (1) month is non-refundable.
Galaxynet reserves the right to negotiate payment options and adjust payment plans
as circumstances dictate. Use of certain special Galaxynet features may be subject
to additional charges. Galaxynet reserves the right to change fees or institute
new charges at any time, effective upon a 30-day notice to current Galaxynet
subscribers, either through electronic and/or conventional mail, or its
Galaxynet access charges will be billed to the
Subscriber's e-mail address (or alternate e-mail address if so indicated at the
time of registration) approximately 20 to 30 days before the due date. The
subscriber's first bill shall be paid before access is granted, and will consist
of the payment for the subscription plan selected plus any additional fees applicable.
Charges are exclusive of sales, use, and other taxes which are the responsibility
of the Subscriber.
- Due Dates:
Galaxynet bills on a monthly, quarterly, semiannually, or yearly cycle,
depending on the type of plan the subscriber has selected. Galaxynet
processes billing on your anniversary date, which means if the subscriber
signed up on the 12th of the month, their bills will be due on the 12th of
each month. Prepayment plans are due on the anniversary of the plan. If a
subscriber purchased a semiannual plan, then payment will be due on the
anniversary date every six months (for example, January 1 and July 1).
- Method of Payment:
Following the initial payment made during
sign-up, subsequent Galaxynet charges can be paid by check, money order, or
credit card, and mailed to 390 NE Midway Blvd, Oak Harbor, WA 98277-2645
within 5 days of the due date. If you are local to one of our offices, you
may make payment in cash. Cash should not and can not be sent by mail.
Galaxynet may offer additional means of payment; including,
automatic funds transfer, CheckFree-type plans, and other payment
methods in the future.
If subscribers fail to pay an invoice within 40 days, the account will be
suspended. Subscribers will have 10 business days to make full payment to
Galaxynet. After a 60 day period, if payment is not received the account may
be turned over to a collection agency. When payment is received, the
subscriber's account will be reactivated at Galaxynet's discretion.
You may not place orders or attempt to pay for Galaxynet using any expired, false,
or unauthorized bank or credit card. Checks issued on closed accounts or
insufficient fund checks may be subject to a $20.00 handling fee. Galaxynet
reserves the right to cancel your account, without notice, upon rejection of any
credit card charges, nonpayment of authorized charges by your bank, or any other
indication of payment problems.
Galaxynet assumes no responsibility for the submission, deposit, storage or
other handling of postdated financial instruments of payment if the date on said
instrument is past the date of delivery to Galaxynet's office or authorized
Payments for products and services must be made in U.S. dollars
Prorated refunds will be paid for any unused portion of prepaid service in excess of one
(1) month. Refunds are paid by subtracting the full monthly rate for each full or
partial month used from the amount paid at sign-up. For example, a subscriber used
4.5 months of an annual subscription, the refund will be calculated by multiplying 5 months of
service times the monthly rate, and subtracting that total from the
total paid annual rate. In this example, $99.75 ($19.95 x 5) from (the
annual rate of) $199.00 leaves a total refund of $99.25. In the event the calculated amount of used
service totals more than the subscriber paid at signup, than no refund will
be given, and no amount will be owed by the subscriber.
Setup or activation fees paid during sign-up cannot and will not
A late payment fee of $3 per month
shall be added to all outstanding amounts due. If payment is not received by
the next billing cycle, subscribers will receive a reminder notice that payment
is due and that service will be terminated if payment is not received by the
following billing cycle. If payment is not received by the following billing
cycle, service will be terminated and collection of the past due amounts may be
submitted to a collection agency. Subscribers can reinstate service by paying
all past due charges plus the next payment for the subscription plan selected.
Part C: General Provisions
Service may be terminated by either Galaxynet or the
subscriber. Any request for cancellations must be received in writing via
U.S. Postal Mail, or fax at 240.250.6004.
Cancellations may also be sent to
Inactive accounts are not considered cancelled accounts, and will be treated
as an active account. One of the previous methods must be used to cancel
If a subscriber terminates a prepaid account, the subscriber
is entitled to a prorated refund. See
Refunds to see how prorated refunds are calculated.
Submitting a cancellation request does not automatically complete the
cancellation process. An account may be past due or delinquent in which case
the balance must be settled via check, money order, or a major credit card
(Visa, MasterCard, or Discover) before cancellation of an account can be
possible. Domain name transfers, non-usage, Internet problems, ISP problems,
or any other secondary issues not directly related to Galaxynet's services
does not qualify an account for cancellation.
Termination will be effective on the day that Galaxynet receives the
notice or on the future date specified in the notice. Cancellations via
telephone or voicemail will no longer be accepted.
Galaxynet reserves the right to terminate service without notice upon a
breach of Galaxynet's terms and conditions or misuse of the website, software
libraries, discussion boards, e-mail, newsgroups, or public conference areas.
- Changing Account Options:
Subscribers may request a change in
account options at any time by sending e-mail or conventional mail to
Account changes will be effective at the first billing cycle following receipt
of the change request. Subscribers must promptly notify Galaxynet of any changes
in home or billing address.
- Third-Party Sales and Service:
Galaxynet allows subscribers to
order a variety of merchandise and services from third parties not affiliated
with Galaxynet. All transactions concerning third-party ("Seller")
merchandise, including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance, and delivery are solely between the Seller
and you, the subscriber. Galaxynet makes no warranties or representations
whatsoever with regard to any goods or services provided by the Seller. Galaxynet
shall not be a party to such Seller transactions or be liable for the costs or
damages arising, either directly or indirectly, from the actions or inaction of
- Monitoring Access:
Galaxynet does not monitor any subscriber's
access to the Internet; meaning, Galaxynet does not keep track of where you go
or what you do on the Internet. However, Galaxynet, at its sole discretion, reserves the
right to review, edit, or delete any material or information submitted for display or
placed on Galaxynet, with the exception of private electronic messages that will be
reviewed only if required to do so by law. Galaxynet may terminate immediately the
account of any subscriber who misuses Galaxynet.
Galaxynet utilizes anti-virus software to scan for and delete
any viruses detected in electronic mail. In no manner does Galaxynet log,
store or otherwise attempt to detect or extract information from any such
emails for any purpose other than such proper uses necessary for the
prevention of the tranmission of computer viruses via email.
Consent to scanning of electronic mail sent to or from Galaxynet's
email server(s) for the sole purpose of detection and elimination of
computer viruses transmitted via email is implied by use of the Service.
- Limitation of Liability:
Galaxynet does not warrant that the
services or the information contained on Galaxynet will meet your requirements or
that the operations of Galaxynet will be uninterrupted or error-free; nor does
Galaxynet make any warranty as to the results obtained from the use of Galaxynet.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL
GALAXYNET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR INABILITY TO USE GALAXYNET OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS
IN OPERATIONS OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT
CAUSED BY EVENTS BEYOND GALAXYNET'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, TELCO PROBLEMS, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO GALAXYNET'S RECORDS, PROGRAMS, OR SERVICES.
In no event shall Galaxynet's total liability for all damages, losses, and
causes of actions, whether in contract, tort, including negligence, or otherwise
- Disclaimer of Warranties:
YOU USE GALAXYNET AT YOUR SOLE RISK.
GALAXYNET IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANGABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY A GALAXYNET EMPLOYEE OR ITS AGENTS SHALL CREATE A WARRANTY.
You shall hold Galaxynet, employees, or its agents harmless from any claims and
expenses, including reasonable attorneys' fees, related to your violation of
these terms and conditions.
Galaxynet notices to subscribers may be given by means
of electronic messages through Galaxynet, by a general posting on Galaxynet's web site,
or by conventional mail. All notices to Galaxynet from subscribers should be made in
writing and addressed to Galaxynet, 390 NE Midway Blvd, Suite B-107, Oak Harbor, WA
98277-2645, or sent via electronic mail to firstname.lastname@example.org.
- General Provisions:
Should any of these terms and conditions
be held to be void, invalid, unenforceable, or illegal by a court, the validity
or enforceability of the other provisions shall not be affected thereby. Failure
of either party to enforce any provision of these terms and conditions shall not
constitute or be construed as a waiver of such provision or of the right to
enforce such provision.
There shall be no credits, reductions, or setoff against the
charges for service for downtime or interruption of service unless such
service interruption exceeds 24 hours in duration or $1.00 in value,
whichever is greater, provided Subscriber notifies Galaxynet of the
service interruption. No adjustments shall be made by
accumulating periods of non-continuous interruption. A credit allowance
will not be given for mistakes, omissions, interruptions, delays, errors,
defects or curtailments in the service caused by the negligence or willful
act of subscriber or others, or mistakes, omissions, interruptions, delays,
errors or defects caused by failure of equipment and/or services outside
the direct control of Galaxynet.
The agreement between Galaxynet and the
subscribers shall be governed by and construed in accordance with the laws of
the State of Washington. These terms and conditions constitute the entire agreement
between the parties with respect to the use of Galaxynet. Galaxynet reserves the right
to change or ammend this agreement at any time.
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