TERMS OF SERVICE



Last updated: August 27, 2017

1. General

GalaxyNode agrees to furnish services to the client, subject to the following (“Terms of Service”). GalaxyNode, the company here after referred to as, (“GalaxyNode”), (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”). Use of GalaxyNode's service constitutes acceptance and agreement to AUP (“Acceptable Use Policy”) and TOS (“Terms of Service”). The below terms apply to services provided on https://galaxynode.com or any other lined or CNAME domains. All provisions of this contract are subject to change from time to time at the discretion of GalaxyNode. Client understands that change to the TOS of GalaxyNode shall not be grounds for early contract termination or non-payment.

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service

The Terms of Service may also be referred to as (“Terms and Conditions”), (“Terms and Agreement”), (“Terms”) or anything other that refers to, or is similar to, “Terms”.

1.2 Basics

All customers must agree to the terms and conditions, if there is any breach of these terms their account and all active services will be terminated with immediate effect, GalaxyNode nor their providers take liability for any losses suffered due to such termination. Please read the full terms for more information. Please note that if you have active services or you have a active account you have already agreed to the terms.

2. Refunds and Disputes

2.2 Dedicated Servers

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 pro-rated refunds for dedicated servers.

2.3 VPS Plans

If you are not satisfied with our services within the first 48 hours after payment is received on our end. You have the option to request a full refund. Refunds MUST be submitted via ticket, from your account. Simply filling a cancellation request will not suffice, as all that does is cancel any future invoices.

All refunds will be provided as credit or via the original payment method at our discretion.

Once a refund is issued, any associated services will be terminated.

Only new client is only eligible to claim our 48 hour refund once.

The client will be asked to confirm their refund request. If they do not confirm within 48 hours, eligibility to claim will be lost.

Any client found to be creating multiple accounts in order to claim refunds multiple times will be denied the refund, also will result their IP permanently blocked from our website after three or more times.

2.4 Chargebacks

If at any time a chargeback creates a fee for GalaxyNode, the customer is responsible for paying the fee and may be billed for such. Unpaid chargeback fees may be outsourced to a collection agency.

Creating a chargeback will result in suspension of all services until chargeback is cancelled, and void any refund eligibility.

3. Promotions

Promotions ("Coupons") are usually limited to one per client. Creating multiple client accounts to bypass is prohibited. We reserve the right to suspend the service on dulicate account(s) and invoice the amount discounted off before unsuspending the service.

GalaxyNode cannot guarantee that all promotion codes will work all of the time, as some may expire. We do not take responsibility for invalid codes or offers given by members of the general public. If you are found in possession of a premium code, such as one given to a staff member or one that’s used for testing, your account and any services related to the promotion will be cancelled or suspended without refund if applicable. If the code was reproduced the first person to have used the code, will have their IP permanently blocked from our website.

4. Termination

Additionally we reserve all rights to terminate your service upon any violation of the terms or any other basis if deemed needed by staff. This can be done without the user being informed or receiving any information prior the Termination. If you’ve broken any terms you will be informed and we’ll ask you to not do it again, or correct it. If appropriate we will terminate the service on at the time of the violation.

Also, your service will be suspended after 1 days overdue notice, and then terminated on the 7 days later. Please make sure you pay your invoices, you’re given plenty of time and options so we take no excuses. If your server has been terminated then all of the files were cleared from the hard drive. To prevent this, we offer the ability to ‘add funds’ which means that you can add money to the account which will automatically be added to your due invoices; you can also pay in advance, all invoices are made 15 days before the due date; you can subscribe to the payment, which means that PayPal will automatically send us money.

5. Support

Any support requests required for products from GalaxyNode shall be submitted through the billing system via tickets. Any other form of contact other than the predetermined ticket system is not guaranteed a proper answer from an official representative and can be punished with full termination of account and services due to non-logged support. We require you to contact us via our billing system for your own safety.

6. Legal Contact, Law Suits, and Authorites

GalaxyNode retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring involvement of law-enforcement agencies. GalaxyNode regards any communication between parties as confidential, upon distribution of any communication, unless prior approval is in place, we will take action to the full extent of the law. By purchasing a service from GalaxyNode you permit us to modify your service, this includes, but is not limited to, changing memory size, updating OS and other tasks related to running a Virtual Private Server. Any verbal or written threats to compromise our systems or any other equipment owned by GalaxyNode will be taken seriously and will result in further investigation and possible lawsuits. Upon cancellation of payments to GalaxyNode your server will be suspended then terminated unless prior arrangements are made. Files will be kept as long as possible after termination or suspension however the guaranteed amount of time is unspecified, and is most likely none. GalaxyNode retains the sole right to stop, start, and modify your services as they remain in the ownership of the company.

6.2 Illegal Use

GalaxyNode's services may not be used for illegal purposes, or in support of illegal activities. GalaxyNode reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing. We will protect any client who is a victim, this can be in physical, verbal, written or technical ways.

6.3 Adult Content

It is against our terms to use any of the provided services, for adult content. A consumer breaking these terms will be permanently blocked from this website. Use of VPS or Dedicated Servers for adult related content is not allowed. This will result in full account and service termination, as well as immediate IP ban.

6.4 Threats

Using of GalaxyNode's services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property (online or not). Harassment using GalaxyNode's services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is not allowed and will be punished by law. Harassment of staff is also illegal, we may also take rudeness as harassment and this may be punished by termination.

7. Forgery and/or Impersonation

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Please note that we also allow only one user per account, consequently all services may be terminated. The use of anonymous remailers or nicknames does not constitute impersonation. If you wish to give access for multiple users, create sub accounts. *Links with section 6.6 & 6.7*

7.2 Fraudulent Activity

Use of GalaxyNode's service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters” is not permitted and may be punished by law or charge (“Fee”).

7.3 Fraud

Fraud involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited and offenses will be investigated. Third-party Links, Sites and Services Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GalaxyNode. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from GalaxyNode, you do so at your own risk and you agree that GalaxyNode will have no liability arising from your use of or access to any third-party website, service, or content.

7.4 Orders

If your order is deemed suspicious or is fraudulent in any way, our staff reserves the right to remove the order and perform appropriate actions. If your order is removed in the process of payment you will not be refunded, after all your order was removed for a reason.

7.5 Payment

GalaxyNode reserves the right to decline or cancel any payments from any payment gateway if necessary, and not provide refunds if appropriate.

7.6 Information

If the information provided isn’t the same as the information you paid with or all of it does not match, you may be asked to provide further details such as copies of a document that contain a billing address or photo ID. If everything matches, such as your email addresses then there will not be a problem and your products will be provisioned as the order stated. However, if we find payments that don’t match we reserve the right to ask for any government issued documents.

8. Unauthorized Access

Use of the GalaxyNode's service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of GalaxyNode or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending GalaxyNode account is subject to immediate termination and further investigation.

9. Network Disrupt and/or Unfriendly Activity

Use of the GalaxyNode's service for any activity which affects the ability of other people or systems to use GalaxyNode's Services or the Internet. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. GalaxyNode will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

10. Damage of IPs (Intellectual Property)

Damage of Intellectual Property is against the law, and includes Minecraft servers and any web based content. This includes griefing and destruction of worlds or permission based systems. If you damage a IP (Intellectual Property) hosted by us, and you’re already a client, your account will be terminated along with all active services.

11. Dedicated Hardware

Our dedicated servers are provided with the newest hardware available. Because the servers are setup by our data centre, we cannot offer any form of refund or discount on these. These can be used in any way wanted, as long as legal. If illegal activity is detected the servers may be terminated.

12. Consequences

If any of the above terms are broken legal charges may apply. Staff can refuse sale or terminate any ongoing services at anytime without refund if they feel necessary




DISCLAIMER

WE PROVIDE THE SERVICES .AS IS., .WITH ALL FAULTS. AND .AS AVAILABLE.. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A GALAXY NODE REPRESENTATIVE SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE SERVICES AT YOUR OWN RISK.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

CONCLUSION

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.



This document was last updated on August 27, 2017