Terms of Service
This policy represents the GalaxyWebHost Terms of Service (“TOS”)
in its entirety and supercedes any other written or oral policy. This policy
defines the terms of service all customers agree to when they sign-up for
hosting services with GalaxyWebHost. GalaxyWebHost reserves the exclusive right
to revise, change or amend any portion of this Policy at any time, without
advance notification to customers.
Customers using any services offered by GalaxyWebHost consent
to be bound by and must comply with all policies in this TOS. At the sole
discretion of GalaxyWebHost. any violators of this TOS may have their services
cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for GalaxyWebHost maintaining one or more accounts (each
“Account”), you agree to the following terms of service.
Disclaimer of Warranty
- “We” “Us” or “Provider” GalaxyWebHost.
- GalaxyWebHost – An Online Web Hosting Business
- “You” “Your” “Client” “Customer” or “Member.”
Each person or entity who applies for internet service or is a designate
of any one who applies for internet service.
The Internet is a complex network of equipment, services and providers of
information, thus the Service may not be available to you at all times.
However, GalaxyWebHost offers a 99.9% uptime guarantee. This is valid for
only the connection. GalaxyWebHost will pursue all resources and channels
available to maintain maximum uptime, however, GalaxyWebHost is not
responsible for any down time caused by client’s error.
GalaxyWebHost MAKES NO EXPRESS OR IMPLIED WARRANTIES
(INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR
FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither
GalaxyWebHost nor any one else involved in the provision of Service is liable to
you or any third-party for direct or indirect damages resulting from the use,
non-use of services provided herein, whether or not such damages resulted from
the negligence of GalaxyWebHost, even if GalaxyWebHost has been advised to the
possibility of such damages.
Services provided by GalaxyWebHost
GalaxyWebHost will provide Internet server rental (“the Service”) to its members
for the express purpose of allowing customers to provide http Internet content
to the general public. The Service allows GalaxyWebHost members to maintain
Internet websites, receive and maintain e-mail accounts and access web space via
FTP to upload files for their websites. GalaxyWebHost members will use the
provided services in a manner consistent with any and all applicable laws of the
Province of Ontario and the US Federal Law. GalaxyWebHost provides the
Services exclusively and makes no effort to edit, control, monitor or restrict
the content of data other than as necessary to provide such Services.
GalaxyWebHost reserves the right to refuse customers from utilization of its
services, without notification. If any of the below activities are committed,
GalaxyWebHost can terminate client’s account without notification.
Payment, Renewal, Cancellations
- Client Content: Client agrees that webpages and
files uploaded to servers will not violate any province, federal or
foreign laws or regulations; infringe on any intellectual property
rights of GalaxyWebHost or any third party; be defamatory, slanderous or
trade libelous; be threatening or harassing; be discriminatory based on
gender, race, age; promote hate; or contain viruses or other computer
programming defects which result in damage to GalaxyWebHost or any third
party. Customers may not run IRC, bots or clients. Unacceptable
uses also include: Bulk unsolicited emailing, unsolicited
emailings, newsgroup spamming, child porn or links to such sites, cgi/php
proxy scripts, copyrighted MP3, storing personal backups and/or cPanel
backup files, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers. GalaxyWebHost will
be the sole and final arbiter as to what constitutes a violation of this
policy. GalaxyWebHost does not normally monitor the contents of clients
servers, however if suspicion occurs, GalaxyWebHost reserves the right
to investigate and terminate the clients subscription to the service.
- Bandwidth Usage: GalaxyWebHost offers a generous
amount of data transfer per month. Bandwidth is calculated on a
recurring 30 days. Sites that use over the given limit in 30 days will
automatically be suspended. There is a daily transfer cap of total
bandwidth divided by the number of days in the current month. If you
exceed your bandwidth limit for any given month, your account will be
suspended until you upgrade, warning e-mail’s are sent out before your
account reaches the maximum.
- Excessive Resource User Policy: Resources are
defined as bandwidth, memory and/or processor utilization. A website is
considered using “Excessive amounts of resources” when it monopolies the
resources available using 10% or more of system resources for longer
than 60 seconds. There are numerous problems that could cause such
problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc.
A site that consumes over the account limit of bandwidth is also
considered “excessive resources”. This policy is only implemented in
extreme circumstances and is intended to prevent the misuse of our
servers. The client whom is using “excessive resources” will be asked to
upgrade his/her package to one of our semi-dedicated or dedicated server
packages. GalaxyWebHost will be the sole and final arbiter as to what
constitutes a violation of this policy. GalaxyWebHost does not suspend
accounts utilizing their given space or bandwidth allotments.
Suspensions will only occur if client violates above restrictions.
- No “Spam”: UCE/UBE or “Spam” originating from a
server located on our network or associated with a GalaxyWebHost server
is not tolerated. This includes any e-mail that promotes web sites
hosted on a server located on the GalaxyWebHost network but is sent from
an e-mail address not associated with that GalaxyWebHost account. Client
shall not use their GalaxyWebHost services for chain letters, junk mail,
bulk-email, or any use of distribution lists to any person who has not
given specific permission to be included in such a process.
GalaxyWebHost reserves the right to deactivate or terminate any
account(s) upon any indication of such activity without notice. There
will be a $200 clean up fee if an account was suspended for policy
- False Information: Client agrees not to post false
or inaccurate information to news groups in violation of the news
groups. rules and regulations. If any news groups or service provider
contact GalaxyWebHost concerning unethical, false or unlawful activities
by you, GalaxyWebHost reserve the right to terminate your service
- Licensed Software Only: Client agrees to use only
properly licensed third party software in connection with Client’s use
of the Services.
- Back-Up Files: GalaxyWebHost provides the tools
needed to create back ups of account data. It is the responsibility of
the customer to keep up-to-date archives of their backed up data.
GalaxyWebHost currently does not utilize any back-up services and is not
responsible for any lost data.
- Payment Obligations: Full payment is required in
advance before hosting service is established. GalaxyWebHost sends out
invoices that are due every pay period. You are given fifteen (15) days
to fully pay the invoice. You warrant and represent that the information
you supply in the Order Form (or other information that GalaxyWebHost
may require) is accurate and truthful. All payment-due notices will be
sent by e-mail. No bills or invoices will be sent by postal mail or fax.
If payment was not received by the due-date, your account will be
suspended and possibly sent to collections. To have your account
re-established, you will need to pay the monthly fees, plus any late
fee’s. There is a $35 fee for bounced cheques and a $45 processing fee
for chargebacks. All fees mentioned are in US Dollars.
- Renewals: Your account will be automatically
renewed under the same time and fee structure unless you give written
notice to GalaxyWebHost thirty (30) days before the renewal date that
you do not wish to renew or make changes to such account.
- Cancellation & Refunds: Should you become
unsatisfied with our services within the first 30 days of your account
activation, GalaxyWebHost will refund your hosting fee subject to the
money back guarantee terms listed in this agreement. Refunds are not
available for shared/reseller pre-paid accounts and after the 30 days of
account activation. You may however cancel your account at any time. You
will need to contact email@example.com 30
days before your renewal date and verify information before cancellation
takes place. You will be charged in full for the entire month in which
you canceled your account. Accounts which have negative balances will be
sent to collections and all services will be terminated, including
domain registrations. Customers wishing to switch their FREE domain to
another registrar or cancel their service are subject to a $20 domain
release fee. Refunds are never available for domain registrations,
control panel licenses (cPanel, Plesk, etc) setup fees or dedicated
99.9% Service Level Agreement “SLA”
GalaxyWebHost offers its clients a 99.9% network uptime guarantee for customer
satisfaction purposes and also to ensure that your business is running problem
free. GalaxyWebHost will try to maintain maximum uptime. GalaxyWebHost is not
responsible for any downtime caused by the client. We experience 99.9% uptime on
all servers and network equipment over a 12 month period. That 00.1% is equal to
approximately 9 hours of downtime in a year, not even a full day. We are well
within this limit and will do our best of course to avoid any downtime on our
shared hosting network.
Third Party Script Assistance
GalaxyWebHost retains the right not to assist clients with third party
applications. This includes any script uploaded by the client, installed
using cPanel, it’s scripts library or any installer within. Any assistance,
support, or troubleshooting provided by GalaxyWebHost for ANY third party
script or application will be subject to a $15 service fee.