Terms Of Service

Terms Of Service

Terms of Service

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Galaxy Node is a provider of hosting services for Minecraft, Web, RDP, VPS, and Dedicated Servers. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your creation and usage of any account on Galaxy Node servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to create an account on Galaxy Node's servers or to use our services in any way. By proceeding to create or reconfigure an account you agree to the terms and conditions below.

 

1. USER CONDUCT

Galaxy Node services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Galaxy Node, your local jurisdiction, or any jurisdiction that you, your site, or your sales area may be subject to is strictly prohibited.

 

While using the service, you may not:

 

A. Restrict or inhibit any other user from using and enjoying the Internet;

 

B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;

 

C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;

 

D. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);

 

E. Use your Galaxy Node services to facilitate the sale of any information, software, hardware, product, or other material which violates any local, state, federal, or international laws which may apply to Galaxy Node, your local jurisdiction, the jurisdiction of the consumer purchasing from you, or any jurisdiction that you or your site may be subject to, and our own jurisdiction;

 

F. Use your Galaxy Node services to gather sensitive payment information from any internet consumer including but not limited to credit card information for any purpose other than the ethical use of such information to obtain payment in exchange for goods and service provided to said consumers;

 

G. Post, publish, transmit, reproduce or distribute internet consumer credit card information in such a manner as to readily expose such information to those who would use such information for criminal purpose;

 

H. Use your Galaxy Node services in conjunction with any promotion or sale of goods by or for the purpose of Unsolicited Commercial E-Mail (UCE) or Spam. This includes the sale of lists of E-mail addresses or software to be used for the purpose of sending UCE or Spam;

 

2. INDEMNIFICATION 

You agree to indemnify, defend, and hold harmless Galaxy Node from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Galaxy Node, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account.

 

3. REFUSAL OR DISCONTINUANCE OF SERVICE 

Galaxy Node reserves the right to refuse or discontinue service to anyone at Galaxy Node's sole discretion. Galaxy Node may deny you access to all or part of the service without notice if you engage in any conduct or activities that Galaxy Node in its sole discretion believes violates any of the terms and conditions in this agreement. Galaxy Node shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Galaxy Node has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or consumers of products or services sold via the shopping cart service. Galaxy Node reserves the right to refuse to facilitate sales of any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

 

4. NO WARRANTIES 

Galaxy Node makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Galaxy Node or its agents or employees shall create a warranty. Galaxy Node provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on or via the service is free from viruses or other harmful components. Under no circumstances shall Galaxy Node be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, Shopping Cart Service, any other service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Galaxy Node service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

 

You understand that by placing information on Galaxy Node servers, including but not limited to uploads done by you to facilitate usage of Galaxy Node, that such information becomes available to all Internet users and that Galaxy Node has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Galaxy Node servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Galaxy Node or on the Internet generally.

 

Galaxy Node will provide you a reasonable amount of technical support to assist you. You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of Galaxy Node, and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will succeed.

 

5. ECPA NOTICE 

Galaxy Node reserves the right to monitor any and all communications through or with our facilities. You agree that Galaxy Node is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

 

6. IDENTIFICATION INFORMATION 

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Galaxy Node with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any checks or credit card account that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent payment acts.

 

You agree to inform Galaxy Node in advance of any substantive changes in the nature of the services facilitated via your Galaxy Node Account, and understand that implementing such changes may cause Galaxy Node at its sole discretion to discontinue your service if such changes would cause violation of this agreement.

 

7. NO INTERFERENCE WITH OPERATION OF SYSTEM 

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

 

You agree to adhere to system policies as published online by Galaxy Node, including restrictions on account usage, services available with your account, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Galaxy Node. You agree to abide by any and all future Galaxy Node policy decisions.

 

8. SECURITY 

You agree that the security of your account password is solely your own responsibility. You further agree that if you believe that your account password has been compromised in any way, you will notify Galaxy Node immediately via email to security@Galaxy-node.com. You shall be held fully responsible for any misuse or compromise to your account for which Galaxy Node is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, Galaxy Node has the right to suspend all access to the account pending an investigation and resolution. You also agree that Galaxy Node has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to facilitate sales of pirated software, illegal products or information, or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.

 

9. BACKUP OF DATA 

Your use of the service is at your sole risk. Galaxy Node is not responsible for data residing on our servers. Any storage of such is strictly for your convenience, and you recognize your obligation to maintain your data on your own computer systems. You specifically agree that Galaxy Node is not responsible for storage data of any type whatsoever for any amount of time.

 

You further agree that Galaxy Node has the right at its sole discretion to purge any and all data stored on Galaxy Node servers without notice and to whatever degree deemed necessary by Galaxy Node to free up space on our servers.

 

10. TRANSMITTAL OF MATERIALS 

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Galaxy Node or any other service with reference to services obtained through Galaxy Node, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Galaxy Node, or any other party or parties resulting from any such conduct.

 

11. PAYMENT 

You agree to supply appropriate payment in advance for the paid services received from Galaxy Node, in accordance with invoices received via email from Galaxy Node. You understand that failure to supply such payment in accordance with the instructions contained in the invoice will result in service suspension and/or termination. You understand that Galaxy Node at its sole discretion has the right to refuse to reinstate a suspended services regardless of subsequent payment attempts by you. Further, you understand that there may be fees associated with reinstatement of a suspended service.

 

You understand that invoices for Galaxy Node service are sent out via email only, and that it is your responsibility to maintain working email addresses in your account configuration. You understand that your failure to receive these invoices for any reason does not alleviate your responsibility to keep your account current.


12. REFUNDS

You agree that all subscription fees are non-refundable and understand the need to choose the subscription period carefully to meet your needs.

 

Due to the nature of our industry and the costs involved with provisioning and maintaining your service, we do not offer any form of refunds or pro­rated refunds for dedicated servers.

 

13. PRIOR AGREEMENTS 

This agreement supersedes any written, electronic, or oral communication you may have had with Galaxy Node or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

 

14. SEVERABILITY 

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

 

15. TERMINATION OF AGREEMENT 

The provisions of Section 2 (INDEMNIFICATION) and Section 4 (NO WARRANTIES) shall survive any termination of this agreement.

 

16. APPLICABLE LAW, JURISDICTION, AND SERVICE 

This agreement shall be governed by the applicable laws of the United States. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

 

17. ACKNOWLEDGEMENT 

By creation of an account, or continuing to maintain an account on Galaxy Node servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

Acceptable Use Policy

Acceptable Use Policy for Galaxy Node:

 

You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of the Galaxy Node Terms of Service (the “Terms of Service”) and this Acceptable Use Policy (this “AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.

 

The following terms constitute an agreement between you and Galaxy Node. This AUP governs your use of the services provided by Galaxy Node (the “Services”).

 

BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THIS AUP.

 

Statement of Purpose:

 

The Primary Purpose of Galaxy Node is to provide our clients with the resources necessary to put their internet services online reliably in a fast, high availability environment that responds quickly to each client’s individual needs.

 

Regarding Ultimate Liability:

 

The client is ultimately responsible for individual server security. Galaxy Node disclaims all liability for server content.

 

Network Misuse:

 

All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by Galaxy Node, and an appropriate course of action shall be taken as determined by Galaxy Node in its sole discretion including suspension or termination of service. We reserve the right to install and use any appropriate devices including devices designed to filter or terminate access to the IP. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. In instances involving child pornography, Galaxy Node complies with all applicable federal and state laws.  Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

 

Sabotage:

 

Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.

 

Network Security:

 

Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.

 

Monitoring Policy:

 

Galaxy Node does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Galaxy Node, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

 

Blacklist Policy:

 

If any client or any third-party user that is a customer of our client uses Galaxy Node services, network, or its physical infrastructure in a manner that causes Galaxy Node, or any IP addresses issued by Galaxy Node to be “blacklisted” or “blocked”, Galaxy Node reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Galaxy Node service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

 

If a violation of any of the above policies occurs, Galaxy Node reserves the right to suspend service immediately and without notice at its sole discretion.

 

IP Addresses:

 

All IPs addresses issued by Galaxy Node are the sole property of Galaxy Node. Clients retain no ownership rights to any IP addresses issued by Galaxy Node. Clients may not transfer IPs from Galaxy Node. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired.

 

IRC/Bittorrent/P2P:

 

IRC Usage shall NOT be allowed Galaxy Node services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client’s servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then Galaxy Node may null-route, filter, suspend, or terminate that client’s service. Galaxy Node does NOT allow the use of Peer to Peer, IRC or Bit Torrent.  We do not allow the transfer of illegal content ever.

 

DDOS:

 

Distributed Denial of Service(“DDOS”) is grounds for immediate termination.  If involved in initiating a DDOS attack we reserve the right to terminate your server without notice.

 

Law Enforcement:

 

Galaxy Node may be required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. Galaxy Node will notify the client of the information request as allowed by the subpoena.

 

Violation Claims:

 

Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by Galaxy Node, including without limitation the customers, clients and other users of our clients.

Galaxy Node reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. Galaxy Node also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.

Privacy Policy

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, Use Live Chat, Open a Support Ticket or enter information on our site.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      • To allow us to better service you in responding to your customer service requests.
      • To quickly process your transactions.
      • To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
      • Help remember and process the items in the shopping cart.
      • Understand and save user's preferences for future visits.
      • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:
If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders
.

Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. 

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en 

We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.
Users will be notified of any privacy policy changes:
      • On our Privacy Policy Page
Users are able to change their personal information:
      • By logging in to their account
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It's also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
      • Within 1 business day
We will notify the users via in-site notification
      • Within 1 business day
We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
      • Send information, respond to inquiries, and/or other requests or questions.
      • Process orders and to send information and updates pertaining to orders.
      • We may also send you additional information related to your product and/or service.
To be in accordance with CANSPAM we agree to the following:
      • NOT use false or misleading subjects or email addresses.
      • Identify the message as an advertisement in some reasonable way.
      • Include the physical address of our business or site headquarters.
      • Monitor third-party email marketing services for compliance, if one is used.
      • Honor opt-out/unsubscribe requests quickly.
      • Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
      • Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.

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