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.

General Information

Part A: Access to the Internet

1. License
2. Subscriber Responsibilities
3. Copyrights
4. Security
5. Logins

Part B: Billing and Payment

1. Charges
2. Billing
3. Due Dates
4. Method of Payment
5. Refunds
6. Non-payment

Part C: General Provisions

1. Termination
2. Changing Account Options
3. Third-Party Sales and Service
4. Monitoring Access
5. Limitation of Liability
6. Disclaimer of Warranties
7. Indemnity
8. Notices
9. General Provisions
10. Credits
11. Miscellaneous

General Information

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 notice.

Part A: Access to the Internet

1. License:

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 Service.

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.

2. 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 support@galaxynet.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 Anti-Spamming Policy.
• 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 Anti-Spamming Policy.
• 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 of others.
• 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 Anti-Spamming Policy.


3. Copyrights:

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 account.

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 http://www.galaxynet.com/default.php?id=21.

4. Security:

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.

5. Logins:

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

1. Charges:

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 website.

2. Billing:

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.

3. 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).

4. 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 agents.

Payments for products and services must be made in U.S. dollars

5. Refunds:

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 be refunded.

6. Non-payment:

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

1. Termination:

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 billing@galaxynet.com.

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 your account.

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.

2. Changing Account Options:

Subscribers may request a change in account options at any time by sending e-mail or conventional mail to Galaxynet Billing. 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.

3. 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 the Seller.

4. 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.

5. 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 exceed $100.00.

6. 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.

7. Indemnity:

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.

8. Notices:

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 admin@galaxynet.com.

9. 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.

10. Credits:

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.

11. Miscellaneous:

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.

Also See: