This Policy represents Internet Galaxy's Acceptable Use Policy ("Policy") applicable to the customers ("CUSTOMER") of Internet Galaxy and its subsidiaries and supersedes any other written or oral Policy.  Upon notice published on-line via Internet Galaxy's web page. Internet Galaxy may modify this Policy, amplify this Policy, as well as discontinue or change services offered.

Internet Galaxy reserves the right to revise this Policy at any time. CUSTOMER may view the most up-to-date version of this policy at any time at http://www.igalaxy.net .

By using any of the services offered by Internet Galaxy, CUSTOMER is bound by and must comply with this Policy in its entirety.  Violations of the guidelines, delineated below, will result in cancellation of the CUSTOMER Account(s) or such other action as Internet Galaxy, in its sole discretion, may deem appropriate.

1. CUSTOMER may not tamper with other accounts, or commit unauthorized intrusion into any part of Internet Galaxy's system, or use any of Internet Galaxy's machines, files, accounts, networks to intrude without authorization into any other system.

2. CUSTOMER may not use Internet Galaxy services not included in CUSTOMER's account, nor devise ways to circumvent security in order to access services CUSTOMER is not paying for. This clause includes, but is not limited to, the scanning of Internet Galaxy's or other networks with intent to breach and/or evaluate security.

3. CUSTOMER may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account.  CUSTOMERS may not make deliberate attempts to interfere with a service, overload a service nor attempt to disable a host.

4. Internet Galaxy will react strongly to the use or attempted use of Internet services or systems without the owner's authorization.  This clause includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.).  Additionally, customers may not use programs, scripts, commands nor send messages with the intent to interfere with a user's terminal session.

1. CUSTOMER may not send unsolicited e-mail to any account that has not specifically requested such unsolicited information or causes complaints from the recipients of such unsolicited e-mail.  Internet Galaxy services should not be used to send unsolicited advertising messages to other network users.  CUSTOMER may not flood/spam newsgroups with commercial or non-commercial postings.

2. CUSTOMERS may NOT continue to send commercial e-mail to a recipient if recipient has requested that CUSTOMER discontinue such communication.

3. Internet Galaxy prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.

4. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is impermissible.

5. "Mailbombing" (i.e. flooding a user or site with large or numerous e-mail messages) is strictly prohibited.

6. CUSTOMERS may NOT forge header information.

7. Internet Galaxy prohibits the use of CUSTOMER's account, or network connection, to collect replies of messages sent from any provider that violates the rules of this Policy or those of the originating provider.

8. The rules and regulations contained within this Policy apply to other means of Internet-based transmissions, including, but not limited to Internet fax or Internet phone.

1. Internet Galaxy may provide CUSTOMERS with uncensored newsfeed.  Internet Galaxy does not control newsgroup content nor is Internet Galaxy responsible for postings by Internet Galaxy's CUSTOMERS.

2. It is the responsibility of posters to determine a newsgroup's etiquette.  Therefore, CUSTOMERS that submit content to newsgroups must refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup's charter or FAQ's.  Posters are expected to submit messages relevant to the newsgroup's topic and agree not to submit the same message to large numbers of forums or newsgroups. As this is constituted as SPAM.

3. CUSTOMERS are prohibited from forging header information and from posting chain letters of any type.

4. CUSTOMERS may only post binary files to newsgroups designed for that purpose.

5. CUSTOMERS may not cancel nor supersede a posting of a message other than their own unless they serve as newsgroup moderators in the performance of their online responsibilities.

6. Internet Galaxy prohibits the use of CUSTOMER's account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.

1. Internet Galaxy does not maintain an IRC server, however, CUSTOMERS may use their Internet connection to access the server of another provider.  In such a case, CUSTOMER is obligated to abide by the rules set forth by that provider as well as follow proper IRC etiquette.

2. Intentionally disrupting an IRC users connection or using a third party program to flood another person chatting, off their internet connection is impermissable.

1. Internet Galaxy does not warrant that the POP (Point of Presence) dial in phone numbers provided are local, non-toll calls from CUSTOMER's location. CUSTOMER should check with the local exchange carrier (Phone Company) in their area to verify local calling areas from their phone number. Internet Galaxy is not responsible for charges incurred by CUSTOMER from any telephone. Internet Galaxy is also NOT responsible for toll calls placed to Internet Galaxy. In other words, Internet Galaxy is not and will not be held responsible for your phone bill.

2. Although use of a dial-up account is unlimited (i.e. we do not bill for usage), it is not intended to be a full time connection nor are multiple concurrent logins permitted. After 15 minutes of inactivity, line will be disconnected. CUSTOMER agrees not to use any automatic method to avoid inactivity (Idle) disconnect or automatic reconnection procedures to keep the connection active when the registered member is not actively using it.

3. Internet Galaxy accounts cannot be transferred or used by anyone other than the CUSTOMER. No more than one login session can be used at any time by the CUSTOMER on any system account. If the CUSTOMER has multiple accounts, the CUSTOMER is limited to one login session per system account at any time.

1. Internet connections and all other services provided to the CUSTOMER by Internet Galaxy may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Internet Galaxy reserves the right to remove any and all materials that infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and/or notice of alleged copyright infringement.

2. Certain Internet services may contain language, pictures or other content which some individuals may find offensive, inflammatory, or of an adult nature. Internet Galaxy does not endorse such materials and disclaims any and all liability for such content. Access to such materials is at CUSTOMER's own risk.

3. Use of any information obtained via Internet Galaxy is at your own risk. Internet Galaxy specifically denies any responsibility for the accuracy or quality of information obtained through its services.

4. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

5. CUSTOMER agrees not to resell Internet Galaxy's products without the prior written consent of Internet Galaxy.

6. If Internet Galaxy cancels CUSTOMER's account for any reason, CUSTOMER agrees not to reregister without Internet Galaxy's written consent. In the event CUSTOMER reregisters without Internet Galaxy's prior written consent, Internet Galaxy will cancel CUSTOMER's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears, will be made due and payable immediately.

7. Internet Galaxy requires that CUSTOMER is qualified to contract. Internet Galaxy cannot accept payments from persons who are not at least eighteen (18) years of age. CUSTOMER will be held responsible for keeping all billing data for Internet Galaxy accurate and up to date. False data supplied for the contract between Internet Galaxy and CUSTOMER will be grounds for account termination.

8. Internet Galaxy exercises no control whatsoever over the content of the information passing through it.

9. The CUSTOMER agrees to defend, hold harmless, and expeditiously indemnify Internet Galaxy from any and all liability, claim, loss, damage or expense arising out of CUSTOMER's breach or violation of any covenant contained in this Policy, or resulting from the CUSTOMER's use of the service.

10. CUSTOMER agrees to waive and hold Internet Galaxy harmless from any claims relating to any action taken by Internet Galaxy as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, CUSTOMER cannot sue or recover any damages whatsoever from Internet Galaxy as a result of the decision to remove material from its server, or to suspend or terminate CUSTOMER's account.

1. When Internet Galaxy becomes aware of an alleged violation of its Acceptable Use Policy, Internet Galaxy will initiate an investigation. During the investigation, Internet Galaxy may restrict CUSTOMER's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Internet Galaxy may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Internet Galaxy will notify the appropriate law enforcement department of such violation.

1. If Internet Galaxy becomes aware of material that could be infringing on a third party's copyright, posted by CUSTOMER, it will initiate an investigation. If Internet Galaxy receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the CUSTOMER'S materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, Internet Galaxy, in its discretion, may, at any time, deny access to the challenged material of CUSTOMER.

2. Internet Galaxy will notify CUSTOMER of the copyright infringement allegation and will allow CUSTOMER to respond to the allegation(s).

3. Internet Galaxy shall have no liability, directly or indirectly, to Complainants or third parties for CUSTOMER'S infringing copyrighted materials. CUSTOMER shall reimburse Internet Galaxy for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.

1. Any party seeking to report any violations of Internet Galaxy's policy may contact via e-mail: abuse@igalaxy.net

1. Internet Galaxy will bill customer directly for services recurring monthly. Service fees will be billed on the 20th of the month, and based on a 30-day cycle. This monthly billing will contain any past due charges. Any account not paid within 10 days after the due date will incur a monthly finance charge on the unpaid amount, computed at the rate of 18% annual or the maximum lawful rate plus a late service charge of $5.00 per month. Any returned check or disallowed credit card charge is also subject to a $25.00 handling and collection charge.

2. Any account seriously past due will result in the addition of substantial interest, as well as $15.00 collection fees and $19.95 deactivation fees, to your outstanding balance by our collection department.

3. A $10.00 re-activation fee will be applied to accounts which have been closed due to delinquent payment. Termination of Customer's account does not remove Customer's responsibility under this agreement to pay all fees including any collection fees that were incurred by Internet Galaxy.

1. You may cancel your Internet Galaxy account at any time. You can send your cancellation notice to us by e-mail, fax, or US postal mail. Your cancellation will be effective at the end of your current billing period, which is the 20th of every month. No refund will be given for the service fees paid for the month you send in your cancellation, nor will there be any refunds for setup fees. Yearly accounts are refundable within the first 15 days from account activation date.

2. Webspace content and any e-mail residing on Internet Galaxy systems will be deleted upon cancellation of service.

    

1. Any violation or misuse of service will result in an immediate termination.


2. Internet Galaxy may terminate service if customer fails to pay outstanding balance in full within 30 days after written notice.

I, the customer, hereby agree to all terms and conditions outlined, and that in the event of default in the payment of any amount due, and if this account is placed in the hands of any agency or attorney for collection or legal action, to pay an additional charge equal to the cost of collection including agency or attorney fees and all court costs incurred and permitted by law governing these transactions

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