Galaxy Internet Services

Internet Access Terms of Service

General Information

Galaxy Internet Services Inc. provides many services to its subscribers through its system including dial-up access to the Internet, World Wide Web page hosting and Web-based Usenet discussion groups. Galaxy has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services. Galaxy does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to Galaxy's services and use of its system. Galaxy may change these Terms of Service in the future upon notice published on-line or otherwise provided by Galaxy. BY USING GALAXY'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM GALAXY FROM TIME TO TIME. If the Terms of Service, Galaxy's services, system or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Suspension & Cancellation".

Galaxy's general policy is to act as a neutral provider of access to the global Internet in all its diversity. Galaxy has specific ethical concerns regarding the use of its computers detailed below. Galaxy reserves the right to suspend or cancel a customer's access to any or all services provided by Galaxy when Galaxy decides, in its sole discretion, that the account has been inappropriately used.

Lawful Use of Service

Galaxy's system and services may only be used for lawful purposes and in a manner in which Galaxy believes, in its sole discretion, to be consistent with the rights of other Galaxy subscribers and third parties. While Galaxy is not responsible for the content of hosted web sites, content on all Galaxy hosted web sites must comply with all federal, state and local laws and must not infringe the rights of any third party. Galaxy's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Galaxy's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Galaxy's system must comply with the rules for such other networks.

Determination of a violation will be made at the sole discretion of Galaxy, and Galaxy, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Galaxy reserves the right to release the usernames of customers involved in violations of the foregoing to system administrators at other providers, in order to assist them in resolving disruptions and security incidents, and to valid law enforcement authorities investigating illegal activities.

Subscriber agrees to reimburse Galaxy for all legal costs, personnel costs and processing costs associated with assisting law enforcement in the investigation of illegal activity

Galaxy's services include access to discussion groups and chat groups on-line. Some of these discussion and chat groups contain language and/or images that are intended for adults only. Subscribers under the age of 18 must have parental or legal guardianship approval to utilize such services. Galaxy is not responsible for the viewing of any adult materials by a minor.

Modifications to Service

The services provided by Galaxy and Galaxy's system are expected to change from time to time. Galaxy reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.

DSL Services

Service will be billable at the time the order completes. Once you receive your equipment it is your responsibility to setup in a timely manner.

Galaxy's DSL service carries a one year commitment. If customer cancels service within the first year of service their will be a $99.00 early termination fee due. After the first year of service the service will go on a month by month commitment.

We also offer the use of Galaxy equipment for most DSL services. It is the customer's responsibility for all shipping & handling fees for both receiving and the return of all equipment. Any borrowed equipment not returned within 7 days of cancel will be subject to the current purchase price of said device.

When cancelling your service it must be done so by telephone giving a 30 day notice. We cannot and will not accept cancel notices by email or fax.

If customer's account becomes delinquent we will first disable the account. Then if payment arrangements are not made in a timely manner Galaxy will cancel the service via disconnection. If service is cancelled for payment issues, customer will be responsible for paying the 30 day notice in addition to any other fees due including all legal and collection fees.

Once DSL service is cancelled, reactivation will be required. Galaxy reserves the right to bill a one time $50.00 reconnection fee for accounts terminated for non payment.

DIRECTV

Please refer to their terms of Service.

Payment Terms

A subscriber must pay fees per Galaxy's rate schedule in effect from time to time as a condition to obtaining access to Galaxy's services and system. A subscriber must also pay any applicable sales, use or like taxes, as well as any applicable regulatory fees (eg: FUSF). All credit card payments will be withdrawn from your card on your next billing date. In the event your billing date falls on a weekend or holiday your card will run the day before. Please keep your card information updated to avoid any interruption of your services. Rate changes will be effective when published on-line or otherwise provided to subscribers. All Galaxy service charges are due in advance of the service. Payments not received on the due date are considered delinquent and are subject to immediate suspension. Past due amounts are subject to a 2.48% late fee. Payments not made within 14 days of original billing date are subject to immediate termination without notice.

If you pay by check, a bounced check will result in a $25 service charge.

To re-activate a suspended account, a subscriber must call Galaxy to make acceptable arrangements for payment.

A "month" is not a calendar month, but is based on the subscriber's billing date (i.e. the day of the month the subscriber signed up on) and extends until the same day of the following month. A month is considered "paid for" if any day of that monthly billing period has already passed.

A subscriber's account is billed based on its existence on our system. Accounts are not billed based on a subscriber's usage.

Refund Policy

If an account is cancelled within 7 days of the initial sign-up date, the customer is entitled to a refund of some or the entire amount charged. If payment is by credit card, the customer is entitled to a full refund, consisting of the setup fee and first months charge, credited to their credit card. If payment is by check or refund by check is requested, the customer is entitled to a full refund, consisting of the setup fee and first months charge, less a $20.00 service charge for processing.

If you previously had an account with Galaxy, the trial period does not apply. No refunds will be issued for cancellations in the first 7 days.

Pre-paid Dialup Accounts. Our Dialup service is $14.95 + $0.45 Regulatory & Administrative Fees per month if it is paid month to month on a credit card. The service is $11.95 + $0.45 Regulatory & Administrative Fees per month if you pay in six month increments ($71.70 $74.40 total). This is a savings of $18. This pre-paid amount is not refundable if you cancel before the end of the six month period. However, we will transfer over the remainder of the pre-paid amount if you upgrade to our DSL Service.

In Accordance With The Federal Consumer Protection Law Covering Credit Card Transactions, Galaxy Will No Longer Discuss Credit Card Billing Issues On Charges That Exceed The Billing Dispute Date (60 Days After The Charge Is First Shown On Their Credit Card Statement). The Customer Has A Responsibility To Look At Their Statements, And To Respond To Any Billing Questions In A Timely Manner.

Suspension & Cancellation

Thirty day notice is required to cancel services. Upon notification of a subscriber's intention to cancel service with Galaxy, the subscriber's account will remain active on our system until the end of the subscriber's billing period. Cancellations can only be accepted via the telephone with one of our customer service representatives. We cannot and will not accept cancellation requests submitted by fax or electronic mail.

Your account is not cancelled until you are given a confirmation number. This confirmation number will be told to you by a customer service representative. Please retain this number for your records. We will not grant refunds for cancellations after the trial period end date.

Antenna or modem loaned to customer: In the event Galaxy has loaned a modem, bridge, router, wireless antenna, etc., to the customer, it is the customer.s responsibility to return it to Galaxy upon cancellation of the service in order not to be charged the full retail value for it. The customer acknowledges receipt of the loaned equipment and accepts full responsibility for its return in a usable condition, postage paid, within 7 days of cancellation of the service or agrees to be bound to purchase it at the full retail price.

Declined Credit Cards. When a credit card declines we notify the customer first by email, then we follow up with a phone call.

Note: Your Galaxy email address is the default for billing notification. Please inform us if you would like us to use a different email address for contact purposes. Also, please keep email and phone number contact information up to date.

If the declined credit card issue is not resolved within 5 days the account will be temporarily suspended*. After 14 days the account will be cancelled. If you wish to reactivate the account after this time there will be no setup or re-activation fee, however, you may still owe us for a previously unpaid balance.

Please call us if you get a new card, your expiration date changes, your address or phone number changes or you would like to switch to an alternate form of payment.

If we do not receive payment within 5 days of the renewal date the account will temporarily be suspended*. After 14 days the account will be cancelled. If you wish to reactivate the account after this time there will be no setup or re-activation fee, however, you may still owe us for a previously unpaid balance.

Please call us if your address or phone number changes or you would like to switch to an alternate form of payment.

*Suspended Accounts - When an account is suspended, we normally just change the password. Email addresses are still valid but the customer will not be able to log into the mailbox or access the Internet until all payment issues have been resolved and the account is reset.

Accounts terminated for non-payment will be re-activated only upon the receipt of the full amount past due and a written request to re-instate the account.

Please note Galaxy reserves the right to cancel any account at any time.

Telephone Service Usage

Subscriber is responsible for verifying that any access number provided by Galaxy is within subscriber's telephone calling plan. Subscriber agrees not to hold Galaxy or any of its officers, agents or employees liable for any telephone charges incurred during the process of connecting to Galaxy's system.

Software

As a courtesy to its subscribers, Galaxy has accumulated a library of software which is "shareware" or "freeware". Galaxy is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. GALAXY MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. GALAXY ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM THE USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT GALAXY MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST GALAXY WITH RESPECT TO ANY SOFTWARE OBTAINED THROUGH GALAXY.

Subscriber acknowledges that the software provided by Galaxy is not necessary to establish a connection to the Internet and is merely provided as a convenience for our subscribers.

Acceptable Use

Galaxy recognizes three areas of use: what a Galaxy customer does with his or her own computer equipment; what a Galaxy customer does with his or her Galaxy account; and what a customer does with his or her privileges on Galaxy computer equipment (mail server, web server, etc.)

Galaxy has no authority or desire to determine how someone uses his or her own computer equipment. Galaxy has some responsibility for how someone uses his or her Galaxy account, and significant responsibility for how someone uses Galaxy's computers

Please note Galaxy reserves the right to cancel any account at any time.

Connectivity

Each subscriber account is limited to one single dial-up connection at any one time. It is the responsibility of the subscriber to keep their password secure. Legitimate passwords are between 6 and 8 characters in length, in all lowercase and are not part of any recognizable word found in any dictionary.

Subscriber is allowed unlimited, on-demand access to Galaxy's systems or service. Galaxy's dial-up connections are not provided on a dedicated basis. Any subscriber that is consistently connected to Galaxy's system for periods of 8 hours or more shall be subject to having its account placed under suspension and/or terminated.

Subscriber is responsible for all use or misuse, with or without subscriber's knowledge or consent, of their Galaxy account.

Email confidentiality

Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers.

Galaxy treats e-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits Galaxy limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect Galaxy's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where Galaxy receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Galaxy's system. In addition, although Galaxy has implemented certain security measures, Galaxy cannot guarantee that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guarantee the privacy of information of any user.

Limits on disk space usage

Galaxy provides as an added benefit to its dial-up users limited access to certain Galaxy server computers. This benefit typically consists of email access, World Wide Web page hosting and telnet access to a wide range of applications.

Galaxy users are subject to a limit of 5MB of disk space (10 - 100 MB for Virtual Hosting Accounts) for all their disk usage, including incoming mail files and web pages. Galaxy reserves the right to remove files that exceed this limit.

The customer is responsible for keeping backups of customer files stored on Galaxy computers.

Transfer refers to the amount of data your web site sends to the browser. Excess transfer costs are 25 cents per megabyte. We reserve the right to either remove your web site or bill for excess data transfer.

Unauthorized use of other people's accounts or computers

Galaxy will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole exploits, and the like.

Any unauthorized use of accounts or computers by a Galaxy customer, whether or not the attacked account or computer belongs to Galaxy, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

Commercial advertisements

Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising.

Unsolicited commercial advertisements are not allowed in email, and will likely result in account suspension or cancellation. If a subscriber is found to have sent out unsolicited e-mail (also known as "spam"), Galaxy will charge subscriber's account $1 for each message sent out due to subscriber's reckless use of system resources.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Illegal material

Galaxy bears certain legal liabilities for the use of its computer network and equipment. As such Galaxy must require that its customers do not use Galaxy's network for illegal purposes.

When presented with a search warrant, Galaxy is obligated to release any information named therein, and will cooperate with the authorities inane criminal investigation of inappropriate Internet usage.

However, Galaxy recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore Galaxy must make certain decisions regarding the illegality of various specific actions. Among the actions Galaxy considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.

Galaxy believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.

Harassment

Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources. Galaxy, in its sole discretion, will handle incidents of harassment on a case-by-case basis, consulting with all parties involved.

Inappropriate use of web service

Galaxy provides web pages to dial-up customers and virtual hosting also. In both cases the web pages reside on Galaxy's computer equipment, giving Galaxy some ethical responsibility for the content of such pages.

Galaxy will handle potentially inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscenity.

Automated dial-up account use

Dial-up accounts are for personal, interactive use only. They may not be kept connected with a keep-alive of any sort, such as setting an email program to check mail periodically unattended.

Limitation of Liability

USE OF GALAXY'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. GALAXY DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT GALAXY'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES GALAXY MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. GALAXY'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL GALAXY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMIATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, GALAXY WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF GALAXY'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH GALAXY'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF GALAXY TO ANY SUBSCRIBER OR USE FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO GALAXY'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USE TO GALAXY DURING THE THREE MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.

Indemnity

The subscriber agrees to indemnify and hold harmless Galaxy, its directors, officers, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's web site whether or not authorized.

Non-Transferability

Subscriber's account and right to use Galaxy's services and system is not transferable without Galaxy's consent. Subscriber agrees to protect their password and account and to keep them secure from unauthorized users and use.

Interpretation

These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effecting if in a writing signed by an authorized officer of Galaxy. These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to choice or conflict of law principles. Any legal action or proceeding arising under or relating to the Agreement shall be brought in the federal or state courts of The Commonwealth of Massachusetts and the parties hereby consent to personal jurisdiction and venue therein. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

VOIP Terms of Service

This agreement ("Agreement") is between Galaxy Voice, Inc. ("Galaxy") and you ("End User"). The Galaxy Voice Communications Service and any related services or products provided by Galaxy to the End User ("Services") shall be governed by the terms and conditions herein. By activating the Services, the End User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End User acknowledges that they are of legal age to enter into this Agreement.

1. TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued to End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY Galaxy, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Galaxy. No waiver or amendment to this contract or these terms and conditions shall be binding on Galaxy unless made in writing expressly stating that it is such a waiver or amendment and signed by an officer of Galaxy.

2. TERM. The term of this Agreement ("Term") begins on the date that Galaxy initiates the Services and continues for the duration of the service period as defined by the service plan that is selected by the End User ("Plan"). At the end of the current Term, the Term is automatically renewed under the same terms and conditions for a like term as the Term just ending unless the End User provides Galaxy, prior to the end of the current Term, notification of intention to terminate the service. The End User agrees to pay for the Services for the duration of the Term. Expiration of the Term does not alleviate the End User of responsibility for paying all unpaid, accrued charges due hereunder. If the End User chooses to terminate the service before the end of the current Term, the End User will be immediately responsible for paying monthly service fees otherwise due for the duration of the Term. Upon termination, the End User must immediately return to Galaxy any Galaxy equipment provided hereunder ("Equipment"), undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to Galaxy an amount equal to the fair retail price of the Equipment minus any payments End User had previously paid specifically for said Equipment.

3. CHARGES AND PAYMENTS. End User is to pay all charges invoiced to the End User's account including, but not limited to, initiation fees, activation fees, monthly service fees, equipment charges, toll charges and any other applicable charges. All invoices are due upon receipt. End User authorizes Galaxy to periodically charge the current credit card account number provided by the End User ("Credit Card") for all charges accrued during the applicable billing cycles for the duration of the Term. Galaxy reserves the right to bill at more frequent intervals if the amount End User owes to Galaxy Exceeds $50. In addition to any other remedies available under law, if any charges are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, Galaxy may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Galaxy. No termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder. Monthly service fees are paid in advance of each month's service, toll charges and any other applicable charges are billed at the end of each month's service. Monthly service fees are initiated at the earlier of i.) the End User's activation of the Services or ii.) 30 days after the End User's purchase of the Services and are prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.

4. TOLLS. Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN") is subject to the then applicable toll charges that are associated with the Plan. Every call to or from Equipment using the Services that originates or terminates with a SIP service provider that is not affiliated or associated with Galaxy will also count as PSTN minutes and be subject to the then applicable toll charges that are associated with the Plan. The duration of each call is to be calculated in six (6) second increments and rounded up to the nearest 6 second increment with a minimum call duration of thirty (30) seconds. Individual call charges are rounded up to the nearest cent.

5. TELEPHONE NUMBERS. Any telephone number provided by Galaxy ("Number") to the End User shall be leased and not sold. End User shall not obtain any rights, title or interest in the Number. The Number is not portable to other service providers. The End User is not to use the Number with any other device other than the Equipment without the express written permission of Galaxy. Galaxy reserves the right to change, cancel or move the Number at our discretion.

6. LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT. End User shall not modify the Equipment in any way without the express written permission of Galaxy. End User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken Equipment and shall pay Galaxy for any such lost, stolen or broken Equipment an amount equal to the fair retail price of the Equipment minus any payments End User had previously paid specifically for said Equipment. End User shall immediately notify Galaxy of any lost or stolen Equipment and shall cooperate with Galaxy in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At Galaxy's sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that Galaxy is informed of the loss or theft and can affect a termination of the Services.

7. CREDIT. All shipments, deliveries, services and performance of work covered by this Agreement shall at all times be subjected to credit approval or review by Galaxy. End User will provide such credit information or assurance as is requested by Galaxy at any time. Galaxy, in its sole discretion and judgment, may discontinue credit at any time without notice.

8. TAXES. Quoted prices do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes shall be paid by the End User and will be added to any amounts otherwise charged to End Users unless End User provides Galaxy with an appropriate exemption certificate.

9. PROHIBITED USES. Any End User use of the Services or any other action that causes a disruption in the network integrity of Galaxy or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End User understands that neither Galaxy nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is buying the Services and/or the Equipment for its own internal use only, and shall not resell the Services or the Equipment or components thereof. Galaxy's Service Plans for residential subscribers that offer unlimited minutes of PSTN calls ("Unlimited PSTN Plans") are for the personal and residential use of the End User only. Such use shall not include certain activities including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential use patterns.. End User agrees to notify Galaxy if usage of the Unlimited PSTN Plans changes from personal residential use. Galaxy reserves the right to immediately terminate or modify the Services of any End User using Unlimited PSTN Plans if Galaxy determines, in its sole discretion, that the End User is not using the Unlimited PSTN Plans for End User's personal, residential and reasonable business use.

10. COMMERCIAL USE. End User agrees that the use of the Service and/or Equipment for activities other than personal, residential use will obligate the End User to pay Galaxy higher rates for business services for all periods of such use, including past periods, in which End User used the Service for commercial or governmental purposes. Galaxy reserves the right to immediately terminate or modify the Service, if Galaxy determines, in its sole discretion, that End User's use of the Service is for non-residential or commercial use.

11. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. Galaxy reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, Galaxy will notify the End User at least ten (10) days in advance of the date on which the Change of Service is to take effect ("Change Date"). Any Change of Service charges will be applied to the End User's account as appropriate, pro rata as calculated from the Change Date. End User can, within ten (10) days of Galaxy's notification, send notice to Galaxy that the End User does not accept the Change of Service, and can terminate this Agreement. In such event, End User will be responsible for any sums due hereunder in addition to any applicable disconnection fees. If the End User does not send Galaxy notification of their desire to terminate this Agreement or uses the Services after the Change Date, the End User is deemed to have accepted and consented to the Change of Service. End User may request a Plan change at anytime, a change of service fee and other terms and conditions may apply. All Plan policies include but are not limited to the following possible charges for upgrades, downgrades or cancellations. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. Activation charges apply to all upgrades to existing Plans. For a Plan change to a Plan that requires a purchase of the Equipment, an equipment charge will apply.

12. USE OF .UNLIMITED. PLANS. Unlimited plans are intended for typical residential or business use. The unlimited business plans are not intended for telemarketing, call centers, resellers, or other end uses that generate excessive call volume. End Users that exceed 2500 minutes per line are responsible to pay the standard per minute rates published by Galaxy.

13. EMERGENCY SERVICES . 911 DIALING. You may be in an area in which emergency response services are not available with your VolP Service. If you learn during the account activation process that emergency response services are unavailable, you will have NO ability to dial 911 and must use an alternate form of phone service. If you do have 911 service associated with your VolP account, there are important differences between 911 offered through a wireline or traditional phone service, and 911 services currently available through this VolP phone service of which you should be aware: a) Fire, police, ambulance and all other emergency response services will be dispatched to the service address that you provide, regardless of whether you are at that location or not. b) You must confirm that your service address is always correct, and is the address to which you want emergency responders to be dispatched in the event of an emergency. c) Please remember to update this information in the event of a move. d) 911 calling is always subject to technical limitations of the VolP service itself. e) 911 calling may fail during and/or after an electrical power outage or Interruption, or an outage or interruption to your broadband connection.

14. TERMINATION. Galaxy reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, Galaxy, Galaxy's network or other end user's use of the Services. Galaxy reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that Galaxy's determination is final and binding on End User. Galaxy may require an activation fee to change or resume terminated or suspended Services.

15. PRIVACY. Galaxy is committed to respecting an End User's privacy. Once the End User chooses to provide personally identifiable information, it will only be used in the context of you're the End User's relationship with Galaxy. Galaxy will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or End User's prior permission is obtained, Galaxy will only share the personal data the End User provides with other Galaxy entities and/or business partners who are acting on Galaxy's behalf to complete the activities described herein. Such Galaxy entities and/or national or international business partners are governed by Galaxy's privacy policies with respect to the use of this data. As a telecommunications carrier, Galaxy is required to file numerous reports with different administrative bodies. As such, Galaxy may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, Galaxy reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Galaxy or any company affiliated with Galaxy. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Galaxy may disclose personally identifiable information.

16. F.O.B. AND RISK OF LOSS. Unless otherwise stated on the face hereof, all shipments are F.O.B. Galaxy's facility. Galaxy's liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to carrier. Any losses, damages, or cost of related insurance for equipment shipped to facility shall be added to base expense.

17. CANCELLATION, RETURNS AND ADJUSTMENTS. No Equipment may be returned by the End User for any reason without prior approval of Galaxy. All returns shall be in original packaging. End User shall be responsible for all costs related to shipping to Galaxy any Equipment that is being returned. Any Equipment returned to Galaxy without prior authorization for its return or proper packaging may be refused. Up to 15 days after initiation of Service, End User may terminate Service and receive a full refund for any returned Equipment, but not including any shipping costs. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return authorization from Galaxy, return to Galaxy any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to Galaxy an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment. Despite any cancellation, End User is responsible for payment of all service fees and long distance charges incurred while using the service. If customer cancels, within the first 6 months a $25 cancellation fee will be charged.

18. TECHNICAL SUPPORT. Galaxy provides End User technical support at its sole discretion and as limited to the Services and the Equipment provided hereunder. Technical support is rendered from Galaxy's or a partner's premises, as available via email and telephone. Support for other applications and uses is not provided or implied.

19. BREACH. In the event of an End User's breach of the terms of this Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse Galaxy for all attorney, court, collection and other costs incurred by Galaxy in the enforcement of Galaxy's rights hereunder and Galaxy may keep any deposits or other payments made by End User.

20. INDEMNIFICATION. End User agrees to defend, indemnify and hold Galaxy, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

21. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Galaxy OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF Galaxy OR ITS VENDORS OR OTHERWISE.

22. WARRANTY AND LIABILITY LIMITATIONS. . Galaxy MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Galaxy NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Galaxy's OR END USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Galaxy's OR ITS VENDOR'S NEGLIGENCE. ANY CLAIM AGAINST Galaxy MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Galaxy HAS NO LIABILITY THEREAFTER. Galaxy's LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Galaxy MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY THE DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPRORER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN Galaxy. IN NO EVENT SHALL Galaxy's TOTAL LIABILITY HEREUNDER EXCEED THE SERVICE FEES PAID BY END USER TO Galaxy IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.

23. EXPORT COMPLIANCE. End User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

24. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the End User by Galaxy or its vendors.

25. SOFTWARE COPYRIGHT. Any software used by Galaxy to provide the Services and any software provided to the End User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End User may not copy the software or any portion of it except to create a backup or archival copy.

26. CRITICAL COMPONENTS. Galaxy's EQUIPMENT AND SERVICES ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE PRESIDENT OF Galaxy. Life support devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a life support device or system or affect its safety or effectiveness. Galaxy's EQUIPMENT AND SERVICES DO NOT SUPPORT 911 OR OTHER EMERGENCY FUNCTIONS AND WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER OR PROPER NETWORK CONNECTION AND FUNCTION.

27. SURVIVAL. The provisions of section 11, 17, 18, 19, 20 and 23 shall survive any termination of this Agreement.

28. NOTICES. . Galaxy communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by the End User at the time of registration for the Services or as subsequently specified by the End User ("Email Address"). End User is responsible for notifying Galaxy of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. The Email Address is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that the End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruptions in the Services provided hereunder.

29. FORCE MAJEURE. Galaxy shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Galaxy as may occur in spite of Galaxy's best efforts. QUANTITIES ARE SUBJECT TO AVAILABILITY. In the event of production or network difficulties or product shortages, Galaxy may allocate sales, services and deliveries at its sole discretion.

30. GOVERNING LAW. This agreement is governed by the laws of the State of Massachusetts. End User acknowledges and agrees that Massachusetts courts have jurisdiction over this agreement and customer.

31. ENTIRE AGREEMENT. These terms and conditions (but expressly not including any terms and conditions of End User's documents, including any purchase order) constitute the entire agreement with regards to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to said sale. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.

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