1. PURPOSE These Terms of Service (‘TOS’) represent the basis of a contract between you, or the entity on whose behalf you are executing this agreement (‘you’ or ‘your’), and Galaxyinternet.com.au which is operated by Galaxy Internet. So, for the purposes of these Terms and Conditions, ‘https://galaxyinternet.com.au’ and any references to ‘Galaxy Internet’, ‘we’, or ‘us’ shall mean Galaxy Internet, an Australian Entity. (‘galaxyinternet.com.au’, ‘we’, ‘us’, or ‘our’). Entity information can be found on our Contact Page . By corresponding with us, browsing our web properties, or using our Services you accept these TOS and you agree to abide by the then-current version of: these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy, each of which is integrated into the TOS by reference (together, the ‘Policies’). These Policies may be modified from time-to-time by us and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here. 2. CUSTOMERS While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your instance of such products and services (‘End Users’). 3. SERVICES Galaxyinternet.com.au provides a number of services and products to its customers, which are collectively referred to in these TOS as the ‘Services’. Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone full price or discounted service or for free, any Service you request or allow to be provided by Galaxyinternet.com.au is included as part of the “Services” we refer to in these TOS and the other Policies. All Services are subject to each of our Policies. However, if any of our Policies, service descriptions, knowledgebase, as applicable, do not coincide with the TOS, these TOS prevail. Certain Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of such Services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering at any time, including between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services. 3.1 Services Offer Galaxyinternet.com.au offers a number of different products and services, including but not limited to: Web Hosting E-Mail Hosting SSL Certificates Backup Services Domain Registrations For the usage limits of all Services offered by Galaxyinternet.com.au, please refer to our Acceptable Usage Policy . 3.2 Terms Specific to Domain Name Services i. We resell domain names. The domain name registrations will be processed by the relevant accredited registrars of record being an ICANN-accredited domain name registrar. By using our Domain Name Services, you agree to be bound by our partner registrar’s domain name registration policies and procedures. Please read your registrar’s policies and procedures. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse and is timely renewed and we are not responsible for any lapse or any damages caused by any lapse. We will make commercially reasonable efforts to renew any domain names that are set to auto-renew. NOTWITHSTANDING THE FOREGOING, ANY SUCH RENEWAL IS YOUR RESPONSIBILITY AND WE SHALL HAVE NO LIABILITY FOR THE FAILURE OF ANY SUCH RENEWAL OR AUTO RENEWAL, ANY RELATED DOMAIN EXPIRATION OR THE REGISTRATION OF ANY EXPIRED DOMAIN BY A THIRD-PARTY. ii. It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal or intellectual property rights of others. We do not check to see whether a domain name you register or use infringes on the rights of any third party and we suggest you seek advice of legal counsel before registering any domain. iii. Galaxyinternet.com.au will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN’s Transfer Policy requires a 60 day transfer lock to apply to your domain name(s) in the event of any ‘Change of Registrant’. Galaxyinternet.com.au currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60 day transfer lock. Any ‘Change of Registrant’ as defined by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60 day lock are subject to change. The current parameters which trigger the 60 day lock include: Change of registrant First Name Change of registrant Last Name Change of registrant Organisation Name Change of registrant Email You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact. More information can be found here: https://www.icann.org/en/resources/registrars/registrant-rights/educational https://www.icann.org/en/resources/registrars/registrant-rights/benefits 3.3 Terms That Apply to All Hosting Services Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion. We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred. In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers. 3.4 Terms That Apply To Particular Hosting Services If you utilise the cPanel Service associated with your Web Hosting Account, you acknowledge that you are solely responsible for any changes you make while using such access and Galaxyinternet.com.au may not be able to correct any changes, recover data, or reverse any damage you do when using Root Access capabilities. We will use commercially reasonable efforts to troubleshoot issues upon request, as stated in our Support Policy. Where and if applicable and in respect to our Web Hosting and Reseller Hosting, the terms ‘unlimited’ and ‘unmetered’ are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Your Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website). You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data. For our cPanel Shared Web Hosting and cPanel Reseller Hosting Services, we will provide backups of your data if you purchase our ‘Back-Up Service’. These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Complimentary backups are limited to an aggregate 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally. Email Hosting enables a user to use specific Services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage storage limits. We may also delete mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits. Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails. Email accounts may be subject to storage quotas specified in a particular package. Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all. IP address blacklisting beyond our control may also affect email delivery. 4. ACCESS You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment. 5. CONTROL PANELS a. cPanel i. cPanel Services are provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: https://cpanel.com/legal-store.html . Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services. ii. Starting on January 1, 2021 (the ‘New cPanel License Start Date’), if your web hosting plan comes with access to cPanel-related Services, a cPanel license will be applicable to your plan. Your web hosting plan will determine which type of cPanel license will be applicable. Each cPanel license type comes with a set number of cPanel accounts that can be created. If you need additional cPanel accounts than what is included with your plan’s default cPanel license, you may be required to either upgrade your plan or purchase additional cPanel accounts. b. Plesk Services are provided through a third party. When you subscribe for use of Plesk with any of the Services, you agree to be bound by Plesk End User License Agreement, available at: https://www.plesk.com/eula/ . Please be sure to review Plesk’s End User License Agreement before use of Plesk-related Services. c. Jetpack for WordPress Jetpack Services are provided through a third party, Automattic Inc. When subscribing to Jetpack services in connection with hosted WordPress sites with us, you agree to be bound by Jetpack’s End User License Agreement, available at: https://wordpress.com/tos/ . Please review Jetpack’s End User License Agreement before using any Jetpack Services on websites hosted with us. d. Titan Titan email services are provided and operated through a third party, Titan Solution Ltd SEZC. By subscribing to Titan services through us, you agree to be bound by Titan’s Agreements and Policies (including Titan’s Customer Terms and Privacy Policy, available here ), which may be updated by Titan from time to time. Please review these carefully before using Titan services.Galaxyinternet.com.au is not responsible for the operation, availability, or content of Titan’s services and disclaims any liability for interruptions, errors, or damages arising from your use of the Titan services. Your use of Titan services is solely governed by Titan’s terms and policies. This does not affect our responsibilities with respect to services provided directly by galaxyinternet.com.au.When you use Titan email services, certain personal data (such as your email content, metadata, and account usage) will be processed by Titan in accordance with Titan’s Privacy Policy, not ours. Our Privacy Policy continues to apply solely to the personal data we process directly in connection with your galaxyinternet.com.au account, e.g. subscription management. e. Enhance Enhance services are provided through a third party. When you subscribe for use of Enhance with any of the Services, you agree to be bound by Enhance’s End User License Agreement, available at https://enhance.com/terms . Please be sure to review Enhance’s End User License Agreement before using Enhance-related services. f. Usage Note that with respect to any control panel Services, whether Plesk or cPanel, your use of such Services may not exceed that of similarly situated customers and you agree that we may place restrictions on your use of the Services to the extent that they exceed the use of these resources by similarly situated customers. Restrictions may include a requirement to remove inactive or unused accounts, logins or licenses to moderate your use of control panel Services. 6. ENROLMENT ; ACCOUNT INFORMATION 6.1 Enrolment YOU WARRANT THAT BEFORE YOU USE ANY OF THE SERVICES OR SIGN UP FOR AN ACCOUNT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY YOU REPRESENT TO THESE TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to Galaxyinternet.com.au that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services. 6.2 Account Information You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application, including as a result of your failure to maintain updated account and contact information or for circumstances beyond our control. 6.3 Account Security i. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Galaxyinternet.com.au is not liable for any damages, direct or indirect, that result from unauthorized account access or use. ii. In addition to terms under the Support Policy, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data. iii. You agree to give Galaxyinternet.com.au permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our Policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature. 7. TERM OF AGREEMENT; BILLING & PAYMENT 7.1 Term We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the ‘Effective Date’). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services located at your customer panel (‘Initial Term’). 7.2 Automatic Renewal The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a ‘Renewal Term’). For more information on automatic renewal, please see our Refund and Billing Policy. If you wish to discontinue the Services, you need to notify us by using one of the methods below before automatic renewal for a Renewal Term. You can notify us by: Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form found at your customer panel. 7.3 Termination Regardless of the method of termination by you, valid proof of account ownership and authorisation to cancel are required to terminate an account. Termination for Convenience Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form found at your customer panel. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term. For details on our Money Back Guarantee, please see our Refund & Billing Policy. Before cancelling, we request that you, but do not require you to, contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact us prior to canceling to determine what your charges will be in connection with the termination. All cancellation requests need to be submitted through our online cancellation form found at your customer panel. Galaxyinternet.com.au Termination Galaxyinternet.com.au Termination. We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Galaxyinternet.com.au’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted to the extent permitted by law, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit. For Breach You may terminate the Services upon the occurrence of a material breach by Galaxyinternet.com.au, which has not been cured within thirty (30) days of our receipt of written notice of the breach. A material breach does not include any of the items listed in Section 19(b). Notice of a material breach must contain sufficient detail for us to identify the breach and attempt to take corrective action. Post Termination Access There is no obligation of galaxyinternet.com.au nor the right of the customer, who terminated his/her contract with us, to maintain and/or obtain backup data. Even if we are able to provide data from backup in an account that has been terminated, there is no obligation on galaxyinternet.com.au to import the backup data free of charge. If you want us to provide you with the backup recovery service, you and galaxyinternet.com.au would need to enter a separate agreement, which includes the reimbursement of the cost incurred onto galaxyinternet.com.au. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled. Billing, Refund & Payment Please see our Refund & Billing Policy for additional details on billing, refunds, and payment processes and procedures. 8. USE OF THE SERVICES Your use of the Services is governed by these TOS, including our Policies. GALAXYINTERNET.COM.AU PROVIDES NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL BE ABLE TO ACCESS GALAXYINTERNET.COM.AU’S NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSMITTED BY GALAXYINTERNET.COM.AU IS ACCURATE, ERROR FREE, VIRUS FREE, SECURE, OR INOFFENSIVE. 9. TESTIMONIALS You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (‘Endorsement’). The Endorsement will be the actual first-hand account of your experience using our Services. Any Endorsements you provide will be owned by us and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 18 and we will cease using the Endorsement soon after processing your request. 10. DATA BACKUPS YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF GALAXYINTERNET.COM.AU’S NETWORK. Galaxyinternet.com.au is not responsible for any data loss or corruption, including that result from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension. 11. LICENSES; INTELLECTUAL PROPERTY; DATA OWNERSHIP a. Services performed or provided by Galaxyinternet.com.au are either Galaxyinternet.com.au’s original work or are the works of third parties from which Galaxyinternet.com.au has obtained necessary permissions to provide and are not “works made for hire”. We hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or Galaxyinternet.com.au terminates the Services. b. All right, title and interest in Galaxyinternet.com.au’s technology and the Services shall remain with Galaxyinternet.com.au, or Galaxyinternet.com.au’s licensors. You are not permitted to circumvent any devices designed to protect Galaxyinternet.com.au, or its licensors’, ownership interests in the technology or Services provided to you. In addition, you may not reverse engineer this technology or the Services. c. We use all information we gather as specified under the terms of our Privacy Policy. You hereby grant Galaxyinternet.com.au, and any third parties used by Galaxyinternet.com.au to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services. d. For information on how we share data and other confidential information, please see our Privacy Policy. 12. OUR WARRANTY (Galaxyinternet.com.au) Galaxyinternet.com.au warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify Galaxyinternet.com.au in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and Galaxyinternet.com.au’s sole and exclusive obligation, in the case of a breach of this warranty is, at Galaxyinternet.com.au’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY. 13. YOUR REPRESENTATIONS AND WARRANTIES a. You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services. b. It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services. c. You have read and agree to the terms outlined in the Galaxyinternet.com.au Support Policy. d. You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any. e. You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the the Treasury, Department of Foreign Affairs and Trade. f. You agree to refrain from sending or receiving any material which may be in breach of any third-party intellectual property rights (including but not limited to copyright and trademark), confidentiality, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should seek independent legal advice. 14. DISCLAIMERS a. EXCEPT FOR THE WARRANTY IN SECTION 14 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO GALAXYINTERNET.COM.AU), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Galaxyinternet.com.au, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. GALAXYINTERNET.COM.AU DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS. b. Galaxyinternet.com.au is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. Galaxyinternet.com.au is not responsible for any loss of data, for any reason. Galaxyinternet.com.au is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network. c. Galaxyinternet.com.au is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date. d. GALAXYINTERNET.COM.AU SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY THESE THIRD PARTY ENTITIES TO GALAXYINTERNET.COM.AU SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF THOSE WARRANTIES REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to Galaxyinternet.com.au shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties. e. SOME STATES DO NOT ALLOW GALAXYINTERNET.COM.AU TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE. 15. LIMITATION OF LIABILITY a. It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. YOU AGREE THAT GALAXYINTERNET.COM.AU HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS ACCESS FROM THE INTERNET. b. IN NO EVENT SHALL GALAXYINTERNET.COM.AU BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “GALAXYINTERNET.COM.AU” SHALL BE INTERPRETED TO INCLUDE GALAXYINTERNET.COM.AU’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES. c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS OR ANY OF THE OTHER POLICIES, GALAXYINTERNET.COM.AU SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE SUSPENSIONS, AND VIOLATION OF THESE POLICIES. d. IN NO EVENT WILL GALAXYINTERNET.COM.AU’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY GALAXYINTERNET.COM.AU FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. e. Galaxyinternet.com.au will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies. 16. INDEMNIFICATION a. You agree to indemnify, defend, and hold harmless Galaxyinternet.com.au and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Galaxyinternet.com.au personnel or authorize Galaxyinternet.com.au personnel to conduct; (ii) any violation by you of these TOS or any of Galaxyinternet.com.au’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us. b. Galaxyinternet.com.au shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by Galaxyinternet.com.au hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Galaxyinternet.com.au. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Galaxyinternet.com.au shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Galaxyinternet.com.au promptly in writing of the claim and giving Galaxyinternet.com.au full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in Galaxyinternet.com.au’s opinion is likely to occur, Galaxyinternet.com.au shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable. 17. NOTICES a. Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date. b. Please refer to our website for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Galaxyinternet.com.au Policies should be directed to:Galaxy Internet PO Box 300 Miranda NSW 1490 Australia 18. LEGAL a. Compliance with Law i. U.S. export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws. More information about U.S. export laws may be found at: https://www.export.gov/ . ii. We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment. b. Force Majeure Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event. c. Choice of Law, Jurisdiction, and Venue These Terms of Use and your use of the services are governed by and construed in accordance with the laws of the State of New South Wales applicable to agreements made and to be entirely performed within the State of New South Wales, without regard to its conflict of law principles. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. d. All Claims All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys. e. No Waiver No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies. f. Assignment These TOS may be assigned by Galaxyinternet.com.au. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties. g. Severability In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect Galaxyinternet.com.au’s intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect. h. Survival Sections 11 through 18 shall survive the termination of these TOS. i. Construction The terms ‘including’, ‘includes’, and ‘include’ shall be deemed to be followed by the words ‘without limitation’ and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only. j. Claims Period No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.

1. REPRESENTATION BY US 1.1 Application of these Terms in respect of representations You acknowledge and irrevocably agree that: Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 1.2; You can only expect Services in accordance with the terms of this Agreement, and In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement. 1.2 Setup It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if: Payment is not cleared or received in full. We believe the order, information or payment is fraudulent. You have any funds outstanding with relation to any other account. The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy. There is any other reason which we deem satisfactory. We may send notification of hosting activation however: Your contact details must be correct and up to date. This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional. You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control. 1.3 Service Levels We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that: We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory. We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party We may, at our discretion provide notification of outages whether planned or unplanned. You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party. 1.4 Third Party Services We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third-party suppliers. 1.5 Terms/Representations We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available. This is not an archival service. You are solely responsible for maintaining independent back-up copies of your data. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your data, distribution lists, or any other content. 2. IP ADDRESSES 2.1 IP Address Upgrade The IP Address upgrade enables you to obtain a unique IP address for your hosting account. This is traditionally used for custom DNS control or for separating your account from others on shared hosting services which share one single IP address. 2.2 Resumption of IP Addresses You acknowledge and irrevocably agree that you must use at least 90% of the IP addresses that you have purchased, and that have been assigned to you, within 30 days of the date of assignment. Failure to utilise 90% of the IP addresses assigned to you may result in the unused IP addresses being reclaimed by us. You acknowledge and irrevocably agree that you release all rights that you may have to such reclaimed IP addresses in the event that the above occurs. 3. REFUNDS 3.1 Money-Back Guarantee Period For the purposes of clause 18, the ‘Money-Back Guarantee Period’ refers to within the first sixty (60) calendar days of the applicable Services under clause 18 being purchased by you for the first time, and being from the date that the Service was provisioned with reference to the invoice creation date. 3.2 Agreement You expressly and irrevocably agree that: It is your responsibility to ensure that Services are utilized to their full potential; It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing; You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase; We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us if your request for a cancellation of the Services has not been received by us within the ‘Money-Back Guarantee Period’. We reserve the right, subject to these terms and at our absolute discretion, to offer you; An account credit; or A refund; in circumstances where a cancellation request has been received by us outside of the ‘Money-Back Guarantee Period’. We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website, and cannot be refunded or redeemed as cash credits under any circumstances. You expressly acknowledge that upon accepting, using, or otherwise receiving an account credit in your account, any entitlement you may have to cash credits in respect of your purchase under a Money-Back Guarantee is waived and ceases with immediate effect. We may choose, on your request to downgrade an account however no refund or account credit will be applied if: We have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided; or You have made your request outside of the ‘Money-Back Guarantee Period’. You are liable to pay any administrative costs incurred by us as a result of refunding any Service outside of the ‘Money-Back Guarantee Period’; Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered; Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge; Your request for refund will be denied where we: Determine that you have not claimed your refund in strict compliance with clause 18.3.3; Determine that Service on the claim has been used illegally or outside the terms of service (including but not limited to spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, such as a website being compromised due to a vulnerability of an application installed by the user); Believe you have breached your agreement with the terms of this Agreement in any way; Have sent communication to you, and we do not receive a response to our communication within 1 week of us transmitting such communication to you; or Believe the request is fraudulent. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 18.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms. 3.3 Process of Claiming Refund In order to claim a refund or account credit, you undertake to clearly, via email to us: request a cancellation of your Services; and request a refund or account credit (and provide reasons for the request). In order to receive a refund under a Money-Back Guarantee, we must receive your email within ‘the Money-Back Guarantee Period’. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for any refund or account credit is subject to your compliance with, and subject to in any case the entirety of the terms of this Agreement. Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available on our website. 4. SUSPENSION & CANCELLATION You expressly and irrevocably agree that we reserve the right to suspend/cancel your Web Hosting Service/s if: You have any outstanding invoice or account. Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination. You fail to comply with any provision in this agreement or those referenced in this agreement. There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights. We deem your use of our services may jeopardize the operation of the service, us or our suppliers. We deem any other reason as satisfactory to protect us, our staff and/or our suppliers. Any suspension or cancellation is subject to Clause 2. If your account is cancelled under this agreement: You must pay all outstanding charges to us immediately. We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation. We may immediately delete all data held prior to cancellation. We may perform any action without notice. 5. WEB HOSTING CANCELLATION If your contract for the Web Hosting Product is subject to a Minimum Term, and you terminate the Web Hosting Product before the end of such Minimum Term, you may be charged an Early Termination Fee. We further hold the right to suspend/cancel/terminate any hosting service for any of the following: Non-payment or failure to renew service. Chargeback/reverse of payment. If we have reason to believe you are not using the services in accordance with this service agreement. If a competent regulatory authority/body requires us to do so. At our sole discretion. Service provision may also be suspended/cancelled or terminated: If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame. If you do not comply with our breach notice. You release us of any claim arising from suspension, cancellation or termination of any service. 6. WEB HOSTING TRANSFER The Web Hosting Transfer service is available as an opt-in addon to a Web Hosting plan purchase and is prescribed to assist with transferring hosted email and websites from another provider to Galaxy Internet. You may only apply and process one Web Hosting Transfer per unique Web Hosting account/package. If you wish to transfer additional websites you must process a new Web Hosting Transfer with a new Web Hosting package included. We do not make any guarantees in transferring email and web hosting regarding: Success of transfer. We may only be able to migrate a portion of your account, other elements may require your partial or complete management. Speed of transfer. We will endeavour to complete the migration within 48 business hours, however there may be instances where completion of the migration may extend well beyond this time frame. Compatibility. It is important to note that whilst we will make every effort to ensure that there is maximum email and web hosting compatibility from the old host to Galaxy Internet, due to software complexity it is not always possible to ensure 100% compatibility of applicable software with the new server. It is your responsibility to ensure that you have purchased a web hosting plan specified to support your email and website as well as performing a complete test of your services post transfer. Completion. It is your responsibility to ensure that all necessary files and settings have been migrated to completion. We endeavour to ensure that all of the above items and any other factors relating to a web hosting transfer are done to maximum effect and have installed a solid process and policy to govern the management of a migration however we shall not be held liable for any failure, damaged or lost data to Galaxy Internet. It is your sole responsibility to maintain a full back up of your data and files. 6.1 Refunds In addition to other terms and policies contained within this document this clause, which specifically applies to a refund following an order for a Web Hosting Transfer shall apply. As per clause 18.6, we will take every measure available to us to conclude a migration to the maximum success possible, however we cannot guarantee 100% success. As such we may offer a credit or refund for any purchase web hosting plan when combined with a web hosting transfer order. We maintain full discretion as to when this should and shouldn’t be offered. 7. REACTIVATION In the event that your web hosting service has expired we will charge a re-activation fee of $99 provided it is within zero to 10-days of your service being suspended/de-activated. Re-activation of your service from 10-28 days of suspension/deactivation will incur fees of up to $199. And any re-activation of a web hosting service which has been inactive, deactivated or suspended for 28+ days will incur a fee of up to $499 depending on the size of your website as we will then have to revert to manual web server back-ups to restore your service if we have chosen to go to the liberty of storing your data off site on your behalf. 8. CUSTOMER RESPONSIBILITY As a Web Hosting Client/Customer, you accept full responsibility for the safeguarding of your intellectual property. It is your responsibility to create downloads and backups of your service if you allow your Web Hosting Service to lapse for longer than 28+ days. If you lose your data as a result of non-payment and non-renewal of your Web Hosting Services you accept full responsibility and will not hold Galaxy Internet accountable. We do not guarantee off site back-ups of your services unless you request for this service specifically and pay for this service separately to your main Web Hosting Service.

Terms & Conditions - Galaxy Internet

The below Terms and Policies collectively constitute our Website Terms and Conditions and also our Standard Business Terms and Conditions.

Acceptable Usage Policyajadmin2025-10-21T20:05:15+11:00

Acceptable Usage Policy

In order to protect the stability of our service (‘Services’), we require clients (‘you’) to adhere to our Acceptable Usage Policy (‘AUP’ or ‘Policy’). This Policy is designed to ensure that we can provide all customers with a reliable service through efficient management of resources and to make sure that our Services are used as intended. Please read it thoroughly before using our Services. We reserve the right to update and modify this Policy at any time.

Last updated on: May 1, 2025

1. YOUR GENERAL OBLIGATIONS ON ACCEPTABLE USAGE

1.1 It should be legal.
You must not use your website or any of our Services to promote or distribute any material or content that is illegal (under any current or future legislation) in either the country where you reside (‘Your Country’), where the content is hosted (the server location for your account), or under US, EU, Australian, New Zealand, law. You should be aware that the internet is a global communications network and what may be legal in Your Country may be illegal elsewhere and leave you, or us, liable to prosecution in another country.

1.2 It should not violate third party intellectual property rights.
It is your sole responsibility to ensure that the content and materials on any website owned or operated by you only contains material that you have created or have permission to use. You are responsible for the content they publish and must ensure it does not violate copyright, trademark, or other intellectual property rights (‘IP Rights’). You must have the right to store, use, and publish files from the copyright holder. Any copyrighted material may be deleted without warning.

1.3 You are responsible for IP disputes.
It is your sole responsibility to resolve any dispute involving IP Rights associated with your website or web service. You agree to indemnify us against all costs, including legal costs, of defending any claim against us from any third party regarding your use of IP rights in relation to any claims made against you or us worldwide.

1.4 Our investigation.
We reserve the right to undertake investigation of financial transaction data, identification documents and content stored on our servers if potential abuse is brought to our attention and to remove or block public access to any content on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service, in our sole discretion, will be liable for immediate suspension or termination.

1.5 Prohibited Activities.
You are prohibited from the following activities:

Any form of illegal or malicious activity, including but not limited to hacking, phishing, spamming, botnets, port scanning or distribution of malware;
Any activity that violates the privacy or security of others, including unauthorised access to data or systems;
Operating VPN or proxy services on any of our Services;
Any of the activities elaborated in this Policy under each category hereafter as not permissible and/or prohibited.

2. ACCEPTABLE RESOURCE USAGE

2.1. Resource allocation.
Users are allocated a certain amount of resources based on their chosen hosting plan. Resources include but are not limited to bandwidth, disk space, CPU, and memory. Resource allocations are intended for normal website operation and usage. You may use allocated resources for hosting websites, emails, and related services within the scope of their hosting plan and this Policy.

2.2. No excessive consumption allowed.
You are not allowed to excessively consume the resources and adversely affect server performance or otherwise disrupt the quality of service for other users. We reserve the right to monitor resource usage and take appropriate action against you if you use excessive resources. Actions may include limited resources, suspension or termination of service, with or without notice, at the discretion of us.

2.3. Imposing of Limits.
We reserve the right to impose limits on the number of email accounts, inbox size, database size, account disk usage, bandwidth/data transfer, and any other resource usage for accounts that violate this Policy.

3. ACCEPTABLE WEB HOSTING USAGE

3.1 Fair use limit.
Fair use limits enable us to maintain the speed, reliability and integrity of our services for all users. You are bound to the following limits:

Multimedia, including, but not limited to, video and images should not exceed 10GB in total per hosting account;
Email account disk usage should not exceed 20GB per mailbox;
In a Web hosting account, a database using more than 10GB disk usage shall be considered excessive;
Local generated backups must be kept to a minimum. We reserve the right to permanently delete backups in order to maintain effective operation of our shared services;
Software downloads created by the account holder should not exceed 1GB total. We may require the use of a CDN service for download distribution.
Reseller accounts with ‘unlimited’ disk usage, but using more than 400GB disk usage in total, will be required to ensure sub-account overall disk usage does not exceed 50GB per account.
Using our Services as an offsite backup facility is prohibited;
File storage, including self-hosted file sync services (e.g., NextCloud, OwnCloud, Pydio, Sparkleshare) is prohibited;
File/Software download sites or repositories are not allowed

3.2 Adult Content use limit.
If you intend to upload adult content of any type onto your website or web service, you must contact us prior to placing any order. The determination of whether the contents are legally defined ‘adult content’ or not will be made pursuant to any and all applicable law, considering Your Country, server location and any other circumstance in relation to your account at our sole discretion.

3.3 Regulated Industries.
We reserve the right to conduct an additional verification process for websites that we deem as regulated such as financial services, pharmaceutical, or lottery, to name a few. We may ask for an explicit proof that you are legally authorised to operate such business in Your Country or any other jurisdiction that your business reaches through the website, as required by any and all applicable law. In case we fail to verify that you are operating in line with the legal requirements, we reserve the right to terminate our Services immediately.

3.4 Mailbox Usage.
We may provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system. In relation to mailboxes, you should be aware of the below:

Mailboxes are intended for direct use by you as the hosting plan owner and should not be resold or offered for use by third parties.
You are responsible for managing your mailbox size to ensure compliance with the fair use limit.
In an effort to safeguard overall server performance, we apply reasonable email sending limits in line with normal email usage in order to protect the integrity of our email Services.
We reserve the right to limit the volume of email messages you may deliver through our Services. We may, at our sole discretion, limit email volume by queuing users’ email messages internally, or by temporarily rejecting requests to send email through our Services. We may block any message users attempt to submit using our Services, for any reason whatsoever, with or without notifying the users of such blocking. Under no circumstances will we be liable to you or any other party for any direct, indirect, special, economic or consequential damages, including without limitation any lost profits, arising out of email blocking or queuing.

3.5 Visibility of Files.
All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, except for hidden files needed to operate the website. We reserve the right to delete files not meeting these criteria without notice. You are responsible for ensuring your uploaded files are accessible and compliant with this Policy.

4. ACCEPTABLE EMAIL USAGE

4.1 Zero-tolerance policy against spam.
We have a zero-tolerance policy against spam and sending bulk, unsolicited e-mail is prohibited. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated or blocked.

4.2 Email Usage Agreement.
By purchasing the Services, you agree to the following:

not to send emails that might cause annoyance, inconvenience or anxiety to a recipient;
not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful;
to have a clear opt out policy in all non-transactional communications;
not to use our mail services or network to send email to any user who does not wish to receive it;
not to use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually;
not to use our mail services or network with intent to deprive others of service (‘mail bomb’);
not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;
not to use any email address that you are not authoriSed to use;
to ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’;
to take full responsibility for your own email reputation;
not to take any action that would put you or us in breach of obligations under the laws and regulations of Australia and New Zealand, US federal or state laws, including CAN-SPAM and relevant data protection laws or the EU General Data Protection Regulation or any other legal requirement applicable to the jurisdiction where your email service is hosted.

5. ACCOUNT SUSPENSION

5.1 Account Terminations.
In the event of an account Suspension, please note that we reserve the right to terminate the suspended account after 60 days. We do not keep any backups. You are encouraged to communicate with your Galaxy Internet Account manager regarding account suspensions to avoid any unintended data loss.

6. NOTIFICATION & RESOLUTION

6.1 Violation Policy.
In the event of resource abuse or violation of this Policy, we reserve the right to take immediate measures, including, but not limited to, suspension or termination of the service, and notify you. We may provide you with an opportunity to remedy the situation. Timely resolution is expected, and failure to comply may result in limitations being placed on the Service, suspension or termination of Services.

6.2 Grace period.
In case of fair use limit violations, you may be provided with a grace period to rectify it. Where possible we aim to provide 24 to 72 hours to resolve fair use violations before suspending services. However, we reserve the right to, at our sole discretion, immediately suspend service where not doing so would negatively impact other users. Failure to comply with the fair use limits specified in this Policy within the grace period may result in further action, imposing limits on inbox size, which may prevent new emails from being received while the inbox size is over the fair use limit.

7. INDEMNIFICATION

7.1 You for yourself and all of your representatives, successors and assignees, hereby fully release, remise, and forever discharge us and all of our affiliates, and all officers, agents, employees, and representatives, and all of their personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kinds and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and use thereof, including, but not limited to, the provision of the our Services and its agents and employees.

7.2 You agree to defend, indemnify and hold harmless us and any of our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorney’s fees, arising out of (i) any breach of any representation or warranty provided by this AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by you or by anything using the Services from your computer; (iii) any IP Rights of any person or entity; (iv) any information or data you supplied to us, including, without limitation, any misrepresentation in your registration, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your website hosted by us; or (vii) any negligence or willful misconduct by you, or any allegation that your account infringes a third person’s IP Rights, or misappropriates a third person’s trade secrets.

7.3 This indemnification is in addition to any indemnification required of you elsewhere. Should we be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, we may seek a written confirmation from you concerning your obligation to defend, indemnify us. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this Policy. You still agree that we shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify us of any such claim promptly in writing and allow us to control the proceedings. You agree to cooperate fully with us during such proceedings.

7.4 The terms of this section survive any termination or cancellation of your contract with us.

8. REVISION OF ACCEPTABLE USE POLICY

8.1 Please note that we reserve the right to update and modify this Policy at any time. While we will make reasonable efforts to notify customers of significant changes, it is ultimately the responsibility of customers to regularly review this Policy for compliance. We encourage all customers to stay informed about any updates or modifications to ensure ongoing adherence to our policies.

8.2 If you have any questions or concerns regarding these updates, please feel free to reach out to our support team through our customer support portal.

Maintenance Policyajadmin2025-11-13T16:48:54+11:00

Maintenance Policy

1. PURPOSE

This is Galaxyinternet.com.au’s (‘Galaxyinternet.com.au’, ‘we’, or ‘our’) Server Maintenance Policy. Galaxyinternet.com.au is operated by Galaxy Internet. So, for the purposes of this Policy, ‘Galaxyinternet.com.au’ and any references to ‘Galaxy Hosting ‘, ‘we’, or ‘us’ shall mean Galaxy Internet, an Australian Entity. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions. Capitalised terms used but not defined in this policy have the meaning given to them in our Terms of Services.

2. AVAILABILITY

We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (‘Scheduled Downtime’) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

We are committed to providing a service credit for unscheduled downtime for your website or services in excess of 0.1% of the total time per month.

A credit in the amount of 5% of service fee is applied to your account for every hour your service is unavailable due to an internal network or equipment failure. Downtime must be confirmed by a staff member of our support team. Maximum service credit given will be the equivalent of a full months of web hosting on which the outage occurs, excluding fees for additional services. Submit a ticket to request a credit.

We are not responsible for outages or circumstances beyond our control that hinder access to your site or server such as the following:

Network conditions across the internet (outside of our network), such as between your ISP and our data center.
DDoS or other attacks on our servers
Problems with Your ISP’s network
Browser or DNS caching issues

Occasionally, servers and related hardware need to be brought down for routine maintenance and upgrades to ensure that our network is secure and performing optimally. We do our best to keep such incidents to a minimum and we will attempt to give you advance notice of any scheduled maintenance. These scheduled service outages do not qualify for the uptime commitment.

3. MAINTENANCE

Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment. Galaxyinternet.com.au will make a reasonable effort to advise Galaxyinternet.com.au customers as far in advance as possible of any predicted extended outages.

4. DEFINITIONS

Three types of maintenance downtimes are defined:

‘Routine Maintenance’ means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
‘Comprehensive Maintenance’ means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
‘Emergency Maintenance’ means a service affecting maintenance that is so severe it requires immediate attention.
‘Scheduled Downtime’ includes (i) and (ii) above.
All the time references in this policy follow the time zone in where the server is located.

5. INTERVALS

The Scheduled Downtime intervals are as follows:

Routine Maintenance Window (Weekly): Sunday mornings, from 12:00 AM until 5:00 AM, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
Comprehensive Maintenance Window (Monthly or Scheduled): First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
Emergency Maintenance: This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.

6. LIMITATIONS

This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support. Major system upgrades may require additional Scheduled Downtime.

7. BACKUP OF DATA

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ALL YOUR DATA. Galaxyinternet.com.au is not responsible for any data loss or corruption, including that resulting from: (i) our authorised actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

8. CUSTOMER RESPONSIBILITIES

The following Customer Responsibilities apply:

It is the responsibility of the customer to make sure that all Services being provided on Customers Web Hosting Accounts are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. Galaxyinternet.com.au will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.
We take NO RESPONSIBILITY for downtime resulting from your actions.
Please contact support at Ph: 1300 797 130 for more info.

Refund & Billing Policyajadmin2025-10-21T21:11:23+11:00

Refund & Billing Policy

1. PURPOSE

This is Galaxyinternet.com.au’s (‘Galaxyinternet.com.au’, ‘we’, or ‘our’) Refund & Billing Policy. Galaxyinternet.com.au is operated by Galaxy Internet. So, for the purposes of this Policy, ‘Galaxyinternet.com.au’ and any references to ‘Galaxy Hosting’, ‘we’, or ‘us’ shall mean Galaxy Internet, an Australian Entity. This Refund & Billing Policy discusses the ways in which we charge customers for use of the Services (as defined in the TOS) and related questions about charges, refunds and billing disputes. Capitalised terms used but not defined in this policy have the meaning given to them in our Terms of Service.

2. AUTOMATIC RENEWAL

2.1 Package Renewal
As set forth in our policies, all hosting plans and Domain Names are set to AUTOMATICALLY RENEW on their Renewal Date after the initial term and any following renewal terms to prevent any disruption to your services. Your initial Renewal Date will appear on the Checkout Screen when you initially purchase services. Subsequent Renewal Dates will be located in the My Account Section of our website where you can manage your account and your Subscriptions, as well as in your Domain Name Management Portal.  You will also be emailed an invoice for the renewal term at the email address in your account in advance of any renewal with the terms of the upcoming Renewal Term, including duration and price of such renewal. If you wish to cancel, you may do so as set forth in Section 8(b)(i) of our Terms of Service.

2.2 Domain Name Renewal
Domain names are set to AUTOMATICALLY RENEW   on their respective due date (shown as next invoice date in your customer panel) to avoid any disruptions to your domain name due to expiry since some registries for certain domain extensions require renewal well before the expiry date of record. Please note that all payment methods that allow charges to be automatically applied will be charged at the domain’s due date per the invoice UNLESS YOU CANCEL MORE THAN five(5) days before the due date. If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse.

2.3 Charges
The Due Date for Fees for renewed packages is the package renewal date.

2.4 Failure to Renew
Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that are more than 14 days overdue are considered abandoned and are be subject to termination. Termination includes removal of all associated data on our system. Please see the Post Termination Access section for more information.

3. RESPONSIBILITY FOR PAYMENT

3.1 Responsibility
You are responsible for all charges, costs, expenses and other fees (the ‘Fees’) associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. An invoice, which will include the duration and price of such renewal for any Renewal Term, is generated fourteen (14) days prior to the first day of the Renewal Term (the ‘Due Date’) and charged three (3) days before the renewal date to ensure continuity of service unless other arrangements have been made or a cancellation request has been submitted from the client portal. The invoice will also be available in the ‘My Invoices’ section of the Client Portal. You are responsible for the fees and charges set out within the emailed invoice you pay on the Effective Date and any other invoice generated for a Renewal Term. If paying by credit card, Paypal Billing Agreement, or any other payment method capable of automatic charge, we will attempt to take payments 3 days prior to the invoice due date to ensure service continuity for things like domain names. New Services, packages or domains that are ordered and unpaid after seven (7) days will be cancelled. In the event that the customer fails to pay for services given, Galaxyinternet.com.au may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse Galaxyinternet.com.au for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.

3.2 Failed Payments
In the event that the customer fails to pay for Services given, Galaxyinternet.com.au may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse Galaxyinternet.com.au for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.

3.3 Price Adjustments
To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.

i) To remain competitive, we occasionally make changes to our plans and pricing for reasons that include, but are not limited to, fluctuations in non-US Dollar denominated currencies, as detailed in Section 7(b) below. Except for fluctuations in non-US Dollar denominated currencies as detailed in Section 7(b) below, no price changes will be effective without your consent in the middle of an initial term or any Renewal Term provided that the relevant term has already been invoiced and paid in full, but prices may change between Renewal Terms. All price changes will be reflected in the emailed invoice sent to you.

ii) The charges, which may include an adjusted price, will be applied on the Due Date, as specified above. YOU MUST CANCEL YOUR SUBSCRIPTION TO AVOID AN INVOICE TRIGGERING PAYMENT OF THE ADJUSTED PRICE BEING PROCESSED FOR A RENEWAL TERM.

iii) You may also opt to change plans in the middle of a term or Renewal Term. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan, and adjust prices for Services, for new invoices that have not yet been paid for any Renewal Term.

iv) Cancellation or Consent to Mid-Term Price Changes:
In the event a material change in our business or our supplier’s prices or services requires us to alter our Services offering to you in the middle of the initial or Renewal Term, we will provide you a notice specifying the proposed change(s) in reasonable detail. In the event of such material change(s) to the Services, including but not limited to a change to the duration of the then-current term, the scope or type of Services being offered or the price for such Services, you will have thirty (30) days from the date of such notice to either: (i) consent to the change(s) and accept the altered terms for the Services from the date of your consent or (ii) allow the Services to be terminated after the thirty (30) day period expires. If you do not consent to the changes and accept the altered scope within the thirty (30) day time period, you acknowledge and agree that Galaxyinternet.com.au may terminate the Services before the end of the then-current term without further notice or consent.

4. REFUNDS

Accounts that are terminated due to Terms of Service violations are not eligible for a refund or any service credits. Domain registrations, setup fees and migration fees are not refundable at any circumstance. Service credits (or Account Credits) have no cash value and are extended at our discretion. Service credits expire at the earlier of your account expiring, being terminated, or twenty-four (24) months from the date it was issued.

All refunds are subject to the terms of service for any third party payment processor and those terms take precedence over the terms in the TOS and our Policies. In the event we are unable to refund any fees or charges via the method of payment, we will use commercially reasonable efforts to return or credit the appropriate funds to you.
If you paid us by credit card we will credit the card on file. If you paid us by PayPal, we will take steps to refund the PayPal account. If you paid us through another payment processor, we will take steps to refund the appropriate fees through that payment processor. If the information we have on file for your account is not up to date, your refund may not be completed. Refund requests of payments made to Galaxyinternet.com.au by bank transfer, check or money order or after one hundred twenty (120) days have passed on a credit card payment will be issued via PayPal only. If you cannot accept PayPal payments, you will not be eligible for a refund via other methods. Galaxyinternet.com.au is not responsible for fees deducted from any refund processed by PayPal.

5. SERVICE CREDIT ELIGIBILITY

Customers who at the time of the report of the claimed outage are not current on their invoices for the Services do not qualify for service Credits related to any outages.
Customers who have not paid their invoices on time more than three times in the 12 months preceding the claimed outage are not eligible for service credits.
In order to deliver a secure high-performance hosting environment, we utilize certain automated systems to limit malicious and resource-intensive activity. In some instances, non-malicious activity can appear to be malicious and trigger our systems, which may limit your ability to use our Services as set forth in Section 3(d)(iii) of the TOS. Such limitations may result in bandwidth throttling or suspension or termination of your account, in our sole discretion. In these situations, any interruption, suspension or change in the availability of the Services will not be considered downtime and will not be eligible for a service credit.

6. PAYMENT METHODS & CURRENCIES

We accept payment via Visa, MasterCard, Discover, American Express, JCB, Diner’s Club, PayPal, Skrill, UnionPay (for China-based customers), check, money order, and wire transfers. By providing us with your account payment information, you give us consent to charge you on the Due Date of any invoices linked to the account. Please see our invoice for wire transfer banking information. Returned checks will incur a twenty-five dollar ($25) fee per instance.
We accept AUD Dollar and limited non-AUD currencies as found on our website. All fees for Services are calculated in AUD Dollars and, whenever possible, we will attempt to charge in the currency you select upon checkout unless the payment gateway does not support the currency. In this case, the currency will be converted to AUD and charged in AUD.  Prices displayed in other currencies are shown according to exchange rates posted that day but may differ from your final rate given to you by your bank.  Additionally, RATES ARE SUBJECT TO CHANGE, which may result in increases or decreases in non-AUD Dollar denominated prices charged for the Services.  We will adjust renewal prices for non-AUD customers based on the current Services prices, using exchange rates posted the day invoices are produced. Depending on your billing cycle, we may choose not to adjust the renewal price for all invoices. Failure to adjust the renewal price does not waive our right to adjust the renewal price for future invoices.  Further, you may be subject to additional fees or other charges assessed or imposed by the administrator of your selected method of payment. Galaxyinternet.com.au is not responsible for these charges.

7. CHARGES FOR ACCOUNT UPGRADES, DOWNGRADES & MIGRATIONS

7.1 License
In connection with any data migration, you hereby authorize Galaxyinternet.com.au to access your data for data migration purposes. Before requesting Services that may require a data migration to occur, you hereby agree to backup all of your data on both the source and the target servers, as appropriate.

7.2 Upgrades
When upgrading to a higher-priced hosting plan, we will migrate your account to the new Service at no charge. The data center migration fee is also waived if you choose to move to a new data center during the upgrade process. Upgrade requests are processed and effective only after payment for the package price difference is paid. If you would like to move to another data center without upgrading your account, there is a twenty-five dollar ($25) migration fee.

7.3 Downgrades
When downgrading to a lower-priced plan, the difference between the amount of the current package price already paid over the new package price will be placed on the billing account as a service credit. Refunds will not be issued and a twenty-five dollar ($25) downgrade migration fee may be charged. Please contact the sales or billing department if considering an upgrade or downgrade to determine what options are suitable and to discuss pricing.

7.4 Migrations From Other Hosts
All migration-related work is included as a Service for purposes of our Policies.

All complementary migrations require the user to provide cPanel account credentials for their previous hosting environment. Clients who migrate from non cPanel hosting environments may incur a charge determined by the migration team and assessed based on the complexity of the migration.
Other Migration Situations. Some clients have specific migration needs, depending on our migration workload, we may be able to accommodate those needs. We reserve the right to deny a migration request based on our discretion.

8. Billing Errors; Chargebacks

8.1 If you discover an error on your invoice please notify us as soon as possible by either calling or submitting a ticket to our Billing Department at your customer panel.  We will honor invoice errors as long as we are notified of them within ninety (90) days. If more than ninety (90) days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice. Service credits have no cash value.

8.2 If at any time you have questions or concerns regarding a charge from Galaxyinternet.com.au, please contact us 1300 797 130. Any received chargebacks will incur a fifty-dollar ($50) investigation fee on the associated billing account and all services will be immediately suspended pending investigation. Galaxyinternet.com.au may reject the future use of payment methods from an account for which a chargeback has been previously issued. Upon receipt of a chargeback or payment reversal, the account related to the payment may be suspended or terminated.

9. Tax

Canary Island (Las Palmas), Spain residents are considered ‘tax exempt’ and are not charged a Tax. Galaxy Internet do not charge GST.

10. Feedback

You have no obligation to provide us any suggestions, enhancement requests, recommendations, or other feedback regarding our products and services (‘Feedback’). To the extent you provide us with any Feedback, we may use and include the Feedback in our products and services without restriction or payment.

Service Termsajadmin2025-10-21T22:50:59+11:00

Service Terms

1. PURPOSE

These Terms of Service (‘TOS’) represent the basis of a contract between you, or the entity on whose behalf you are executing this agreement (‘you’ or ‘your’), and Galaxyinternet.com.au which is operated by Galaxy Internet. So, for the purposes of these Terms and Conditions, ‘https://galaxyinternet.com.au’ and any references to ‘Galaxy Internet’, ‘we’, or ‘us’ shall mean Galaxy Internet, an Australian Entity. (‘galaxyinternet.com.au’, ‘we’, ‘us’, or ‘our’). Entity information can be found on our Contact Page.

By corresponding with us, browsing our web properties, or using our Services you accept these TOS and you agree to abide by the then-current version of: these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy, each of which is integrated into the TOS by reference (together, the ‘Policies’). These Policies may be modified from time-to-time by us and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.

2. CUSTOMERS

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your instance of such products and services (‘End Users’).

3. SERVICES

Galaxyinternet.com.au provides a number of services and products to its customers, which are collectively referred to in these TOS as the ‘Services’. Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone full price or discounted service or for free, any Service you request or allow to be provided by Galaxyinternet.com.au is included as part of the “Services” we refer to in these TOS and the other Policies. All Services are subject to each of our Policies. However, if any of our Policies, service descriptions, knowledgebase, as applicable, do not coincide with the TOS, these TOS prevail.

Certain Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of such Services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering at any time, including between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.

3.1 Services Offer
Galaxyinternet.com.au offers a number of different products and services, including but not limited to:

- Web Hosting
- E-Mail Hosting
- SSL Certificates
- Backup Services
- Domain Registrations

For the usage limits of all Services offered by Galaxyinternet.com.au, please refer to our Acceptable Usage Policy.

3.2 Terms Specific to Domain Name Services

- i. We resell domain names. The domain name registrations will be processed by the relevant accredited registrars of record being an ICANN-accredited domain name registrar. By using our Domain Name Services, you agree to be bound by our partner registrar’s domain name registration policies and procedures. Please read your registrar’s policies and procedures. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse and is timely renewed and we are not responsible for any lapse or any damages caused by any lapse. We will make commercially reasonable efforts to renew any domain names that are set to auto-renew. NOTWITHSTANDING THE FOREGOING, ANY SUCH RENEWAL IS YOUR RESPONSIBILITY AND WE SHALL HAVE NO LIABILITY FOR THE FAILURE OF ANY SUCH RENEWAL OR AUTO RENEWAL, ANY RELATED DOMAIN EXPIRATION OR THE REGISTRATION OF ANY EXPIRED DOMAIN BY A THIRD-PARTY.

- ii. It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal or intellectual property rights of others. We do not check to see whether a domain name you register or use infringes on the rights of any third party and we suggest you seek advice of legal counsel before registering any domain.

- iii. Galaxyinternet.com.au will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN’s Transfer Policy requires a 60 day transfer lock to apply to your domain name(s) in the event of any ‘Change of Registrant’. Galaxyinternet.com.au currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60 day transfer lock. Any ‘Change of Registrant’ as defined by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60 day lock are subject to change. The current parameters which trigger the 60 day lock include:

- - Change of registrant First Name
  - Change of registrant Last Name
  - Change of registrant Organisation Name
  - Change of registrant Email

You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact. More information can be found here:

- - https://www.icann.org/en/resources/registrars/registrant-rights/educational
  - https://www.icann.org/en/resources/registrars/registrant-rights/benefits

3.3 Terms That Apply to All Hosting Services

Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.
In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.

3.4 Terms That Apply To Particular Hosting Services

If you utilise the cPanel Service associated with your Web Hosting Account, you acknowledge that you are solely responsible for any changes you make while using such access and Galaxyinternet.com.au may not be able to correct any changes, recover data, or reverse any damage you do when using Root Access capabilities. We will use commercially reasonable efforts to troubleshoot issues upon request, as stated in our Support Policy.
Where and if applicable and in respect to our Web Hosting and Reseller Hosting, the terms ‘unlimited’ and ‘unmetered’ are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Your Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website).  You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice.  We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.
For our cPanel Shared Web Hosting and cPanel Reseller Hosting Services, we will provide backups of your data if you purchase our ‘Back-Up Service’.  These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Complimentary backups are limited to an aggregate 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally.

Email Hosting enables a user to use specific Services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings.  Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage  storage limits. We may also delete mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits.  Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails. Email accounts may be subject to storage quotas specified in a particular package.
Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all.  IP address blacklisting beyond our control may also affect email delivery.

4. ACCESS

You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.

5. CONTROL PANELS

a. cPanel
- i. cPanel Services are provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: https://cpanel.com/legal-store.html. Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services.
- ii. Starting on January 1, 2021 (the ‘New cPanel License Start Date’), if your web hosting plan comes with access to cPanel-related Services, a cPanel license will be applicable to your plan. Your web hosting plan will determine which type of cPanel license will be applicable. Each cPanel license type comes with a set number of cPanel accounts that can be created. If you need additional cPanel accounts than what is included with your plan’s default cPanel license, you may be required to either upgrade your plan or purchase additional cPanel accounts.
b. Plesk
Services are provided through a third party. When you subscribe for use of Plesk with any of the Services, you agree to be bound by Plesk End User License Agreement, available at: https://www.plesk.com/eula/. Please be sure to review Plesk’s End User License Agreement before use of Plesk-related Services.

c. Jetpack for WordPress
Jetpack Services are provided through a third party, Automattic Inc. When subscribing to Jetpack services in connection with hosted WordPress sites with us, you agree to be bound by Jetpack’s End User License Agreement, available at: https://wordpress.com/tos/. Please review Jetpack’s End User License Agreement before using any Jetpack Services on websites hosted with us.

d. Titan
Titan email services are provided and operated through a third party, Titan Solution Ltd SEZC. By subscribing to Titan services through us, you agree to be bound by Titan’s Agreements and Policies (including Titan’s Customer Terms and Privacy Policy, available here), which may be updated by Titan from time to time. Please review these carefully before using Titan services.Galaxyinternet.com.au is not responsible for the operation, availability, or content of Titan’s services and disclaims any liability for interruptions, errors, or damages arising from your use of the Titan services. Your use of Titan services is solely governed by Titan’s terms and policies. This does not affect our responsibilities with respect to services provided directly by galaxyinternet.com.au.When you use Titan email services, certain personal data (such as your email content, metadata, and account usage) will be processed by Titan in accordance with Titan’s Privacy Policy, not ours. Our Privacy Policy continues to apply solely to the personal data we process directly in connection with your galaxyinternet.com.au account, e.g. subscription management.

e. Enhance
Enhance services are provided through a third party. When you subscribe for use of Enhance with any of the Services, you agree to be bound by Enhance’s End User License Agreement, available at https://enhance.com/terms. Please be sure to review Enhance’s End User License Agreement before using Enhance-related services.

f. Usage
Note that with respect to any control panel Services, whether Plesk or cPanel, your use of such Services may not exceed that of similarly situated customers and you agree that we may place restrictions on your use of the Services to the extent that they exceed the use of these resources by similarly situated customers. Restrictions may include a requirement to remove inactive or unused accounts, logins or licenses to moderate your use of control panel Services.

6. ENROLMENT; ACCOUNT INFORMATION

6.1 Enrolment

YOU WARRANT THAT BEFORE YOU USE ANY OF THE SERVICES OR SIGN UP FOR AN ACCOUNT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY YOU REPRESENT TO THESE TOS.  You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening.  Further, before using the Services, you represent and warrant to Galaxyinternet.com.au that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.

6.2 Account Information

You are required to provide us with accurate information when setting up your account.  You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application, including as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.

6.3 Account Security

- i. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Galaxyinternet.com.au is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
- ii. In addition to terms under the Support Policy, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.
- iii. You agree to give Galaxyinternet.com.au permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our Policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.

7. TERM OF AGREEMENT; BILLING & PAYMENT

7.1 Term

We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the ‘Effective Date’). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services located at your customer panel (‘Initial Term’).

7.2 Automatic Renewal

The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a ‘Renewal Term’). For more information on automatic renewal, please see our Refund and Billing Policy. If you wish to discontinue the Services, you need to notify us by using one of the methods below before automatic renewal for a Renewal Term. You can notify us by:

Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form found at your customer panel.

7.3 Termination

Regardless of the method of termination by you, valid proof of account ownership and authorisation to cancel are required to terminate an account.

Termination for Convenience

1. 1. 1. Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form found at your customer panel. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term. For details on our Money Back Guarantee, please see our Refund & Billing Policy.
    2. Before cancelling, we request that you, but do not require you to, contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact us prior to canceling to determine what your charges will be in connection with the termination. All cancellation requests need to be submitted through our online cancellation form found at your customer panel.

Galaxyinternet.com.au Termination
Galaxyinternet.com.au Termination.  We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Galaxyinternet.com.au’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted to the extent permitted by law, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications.  If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.
For Breach
You may terminate the Services upon the occurrence of a material breach by Galaxyinternet.com.au, which has not been cured within thirty (30) days of our receipt of written notice of the breach. A material breach does not include any of the items listed in Section 19(b). Notice of a material breach must contain sufficient detail for us to identify the breach and attempt to take corrective action.
Post Termination Access
There is no obligation of galaxyinternet.com.au nor the right of the customer, who terminated his/her contract with us, to maintain and/or obtain backup data. Even if we are able to provide data from backup in an account that has been terminated, there is no obligation on galaxyinternet.com.au to import the backup data free of charge. If you want us to provide you with the backup recovery service, you and galaxyinternet.com.au would need to enter a separate agreement, which includes the reimbursement of the cost incurred onto galaxyinternet.com.au. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.
Billing, Refund & Payment
Please see our Refund & Billing Policy for additional details on billing, refunds, and payment processes and procedures.

8. USE OF THE SERVICES

Your use of the Services is governed by these TOS, including our Policies. GALAXYINTERNET.COM.AU PROVIDES NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL BE ABLE TO ACCESS GALAXYINTERNET.COM.AU’S NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSMITTED BY GALAXYINTERNET.COM.AU IS ACCURATE, ERROR FREE, VIRUS FREE, SECURE, OR INOFFENSIVE.

9. TESTIMONIALS

You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (‘Endorsement’). The Endorsement will be the actual first-hand account of your experience using our Services. Any Endorsements you provide will be owned by us and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 18 and we will cease using the Endorsement soon after processing your request.

10. DATA BACKUPS

YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF GALAXYINTERNET.COM.AU’S NETWORK. Galaxyinternet.com.au is not responsible for any data loss or corruption, including that result from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.

11. LICENSES; INTELLECTUAL PROPERTY; DATA OWNERSHIP

a. Services performed or provided by Galaxyinternet.com.au are either Galaxyinternet.com.au’s original work or are the works of third parties from which Galaxyinternet.com.au has obtained necessary permissions to provide and are not “works made for hire”. We hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or Galaxyinternet.com.au terminates the Services.
b. All right, title and interest in Galaxyinternet.com.au’s technology and the Services shall remain with Galaxyinternet.com.au, or Galaxyinternet.com.au’s licensors. You are not permitted to circumvent any devices designed to protect Galaxyinternet.com.au, or its licensors’, ownership interests in the technology or Services provided to you. In addition, you may not reverse engineer this technology or the Services.
c. We use all information we gather as specified under the terms of our Privacy Policy. You hereby grant Galaxyinternet.com.au, and any third parties used by Galaxyinternet.com.au to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services.
d. For information on how we share data and other confidential information, please see our Privacy Policy.

12. OUR WARRANTY (Galaxyinternet.com.au)

Galaxyinternet.com.au warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify Galaxyinternet.com.au in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and Galaxyinternet.com.au’s sole and exclusive obligation, in the case of a breach of this warranty is, at Galaxyinternet.com.au’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance.  SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.

13. YOUR REPRESENTATIONS AND WARRANTIES

a. You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
b. It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
c. You have read and agree to the terms outlined in the Galaxyinternet.com.au Support Policy.
d. You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
e. You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the the Treasury, Department of Foreign Affairs and Trade.
f. You agree to refrain from sending or receiving any material which may be in breach of any third-party intellectual property rights (including but not limited to copyright and trademark), confidentiality, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should seek independent legal advice.

14. DISCLAIMERS

a. EXCEPT FOR THE WARRANTY IN SECTION 14 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO GALAXYINTERNET.COM.AU), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Galaxyinternet.com.au, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS.  GALAXYINTERNET.COM.AU DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
b. Galaxyinternet.com.au is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us.  Galaxyinternet.com.au is not responsible for any loss of data, for any reason. Galaxyinternet.com.au is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
c. Galaxyinternet.com.au is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
d. GALAXYINTERNET.COM.AU SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY THESE THIRD PARTY ENTITIES TO GALAXYINTERNET.COM.AU SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF THOSE WARRANTIES REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to Galaxyinternet.com.au shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
e. SOME STATES DO NOT ALLOW GALAXYINTERNET.COM.AU TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.

15. LIMITATION OF LIABILITY

a. It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. YOU AGREE THAT GALAXYINTERNET.COM.AU HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS ACCESS FROM THE INTERNET.
b. IN NO EVENT SHALL GALAXYINTERNET.COM.AU BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “GALAXYINTERNET.COM.AU” SHALL BE INTERPRETED TO INCLUDE GALAXYINTERNET.COM.AU’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS OR ANY OF THE OTHER POLICIES, GALAXYINTERNET.COM.AU SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE SUSPENSIONS, AND VIOLATION OF THESE POLICIES.
d. IN NO EVENT WILL GALAXYINTERNET.COM.AU’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY GALAXYINTERNET.COM.AU FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
e. Galaxyinternet.com.au will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy.  Our uptime commitment described in the Server Maintenance Policy, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.

16. INDEMNIFICATION

a. You agree to indemnify, defend, and hold harmless Galaxyinternet.com.au and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Galaxyinternet.com.au personnel or authorize Galaxyinternet.com.au personnel to conduct; (ii) any violation by you of these TOS or any of Galaxyinternet.com.au’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
b. Galaxyinternet.com.au shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by Galaxyinternet.com.au hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Galaxyinternet.com.au. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Galaxyinternet.com.au shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Galaxyinternet.com.au promptly in writing of the claim and giving Galaxyinternet.com.au full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in Galaxyinternet.com.au’s opinion is likely to occur, Galaxyinternet.com.au shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.

17. NOTICES

a. Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.
b. Please refer to our website for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Galaxyinternet.com.au Policies should be directed to:Galaxy Internet
PO Box 300
Miranda NSW 1490
Australia

18. LEGAL

a. Compliance with Law
- i. U.S. export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws. More information about U.S. export laws may be found at: https://www.export.gov/.
- ii. We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.
b. Force Majeure
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.

c. Choice of Law, Jurisdiction, and Venue
These Terms of Use and your use of the services are governed by and construed in accordance with the laws of the State of New South Wales applicable to agreements made and to be entirely performed within the State of New South Wales, without regard to its conflict of law principles. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

d. All Claims
All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.

e. No Waiver
No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies.

f. Assignment
These TOS may be assigned by Galaxyinternet.com.au. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

g. Severability
In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect Galaxyinternet.com.au’s intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect.

h. Survival
Sections 11 through 18 shall survive the termination of these TOS.

i. Construction
The terms ‘including’, ‘includes’, and ‘include’ shall be deemed to be followed by the words ‘without limitation’ and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only.

j. Claims Period
No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.

Web Hosting Policyajadmin2025-10-21T21:43:21+11:00

Web Hosting Policy

1. REPRESENTATION BY US

1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that:

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

1.2 Setup
It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

Payment is not cleared or received in full.
We believe the order, information or payment is fraudulent.
You have any funds outstanding with relation to any other account.
The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
There is any other reason which we deem satisfactory.

We may send notification of hosting activation however:

Your contact details must be correct and up to date.
This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional.

You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.

1.3 Service Levels
We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:

We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
We may, at our discretion provide notification of outages whether planned or unplanned.
You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

1.4 Third Party Services
We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third-party suppliers.

1.5 Terms/Representations

We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
This is not an archival service. You are solely responsible for maintaining independent back-up copies of your data. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your data, distribution lists, or any other content.

2. IP ADDRESSES

2.1 IP Address Upgrade
The IP Address upgrade enables you to obtain a unique IP address for your hosting account. This is traditionally used for custom DNS control or for separating your account from others on shared hosting services which share one single IP address.

2.2 Resumption of IP Addresses
You acknowledge and irrevocably agree that you must use at least 90% of the IP addresses that you have purchased, and that have been assigned to you, within 30 days of the date of assignment. Failure to utilise 90% of the IP addresses assigned to you may result in the unused IP addresses being reclaimed by us. You acknowledge and irrevocably agree that you release all rights that you may have to such reclaimed IP addresses in the event that the above occurs.

3. REFUNDS

3.1 Money-Back Guarantee Period
For the purposes of clause 18, the ‘Money-Back Guarantee Period’ refers to within the first sixty (60) calendar days of the applicable Services under clause 18 being purchased by you for the first time, and being from the date that the Service was provisioned with reference to the invoice creation date.

3.2 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us if your request for a cancellation of the Services has not been received by us within the ‘Money-Back Guarantee Period’. We reserve the right, subject to these terms and at our absolute discretion, to offer you;
1. An account credit; or
2. A refund;

in circumstances where a cancellation request has been received by us outside of the ‘Money-Back Guarantee Period’.

We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website, and cannot be refunded or redeemed as cash credits under any circumstances. You expressly acknowledge that upon accepting, using, or otherwise receiving an account credit in your account, any entitlement you may have to cash credits in respect of your purchase under a Money-Back Guarantee is waived and ceases with immediate effect.
We may choose, on your request to downgrade an account however no refund or account credit will be applied if:
1. We have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided; or
2. You have made your request outside of the ‘Money-Back Guarantee Period’.
You are liable to pay any administrative costs incurred by us as a result of refunding any Service outside of the ‘Money-Back Guarantee Period’;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where we:
1. Determine that you have not claimed your refund in strict compliance with clause 18.3.3;
2. Determine that Service on the claim has been used illegally or outside the terms of service (including but not limited to spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, such as a website being compromised due to a vulnerability of an application installed by the user);
3. Believe you have breached your agreement with the terms of this Agreement in any way;
4. Have sent communication to you, and we do not receive a response to our communication within 1 week of us transmitting such communication to you; or
5. Believe the request is fraudulent.
We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 18.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

3.3 Process of Claiming Refund

In order to claim a refund or account credit, you undertake to clearly, via email to us:

request a cancellation of your Services; and
request a refund or account credit (and provide reasons for the request).

In order to receive a refund under a Money-Back Guarantee, we must receive your email within ‘the Money-Back Guarantee Period’. You understand that it is your responsibility to ensure that we have received your email within this timeframe.

Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for any refund or account credit is subject to your compliance with, and subject to in any case the entirety of the terms of this Agreement.

Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available on our website.

4. SUSPENSION & CANCELLATION

You expressly and irrevocably agree that we reserve the right to suspend/cancel your Web Hosting Service/s if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement.
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to Clause 2.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.

5. WEB HOSTING CANCELLATION

If your contract for the Web Hosting Product is subject to a Minimum Term, and you terminate the Web Hosting Product before the end of such Minimum Term, you may be charged an Early Termination Fee.

We further hold the right to suspend/cancel/terminate any hosting service for any of the following:

Non-payment or failure to renew service.
Chargeback/reverse of payment.
If we have reason to believe you are not using the services in accordance with this service agreement.
If a competent regulatory authority/body requires us to do so.
At our sole discretion.

Service provision may also be suspended/cancelled or terminated:

If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
If you do not comply with our breach notice.

You release us of any claim arising from suspension, cancellation or termination of any service.

6. WEB HOSTING TRANSFER

The Web Hosting Transfer service is available as an opt-in addon to a Web Hosting plan purchase and is prescribed to assist with transferring hosted email and websites from another provider to Galaxy Internet. You may only apply and process one Web Hosting Transfer per unique Web Hosting account/package. If you wish to transfer additional websites you must process a new Web Hosting Transfer with a new Web Hosting package included.

We do not make any guarantees in transferring email and web hosting regarding:

Success of transfer. We may only be able to migrate a portion of your account, other elements may require your partial or complete management.
Speed of transfer. We will endeavour to complete the migration within 48 business hours, however there may be instances where completion of the migration may extend well beyond this time frame.
Compatibility. It is important to note that whilst we will make every effort to ensure that there is maximum email and web hosting compatibility from the old host to Galaxy Internet, due to software complexity it is not always possible to ensure 100% compatibility of applicable software with the new server. It is your responsibility to ensure that you have purchased a web hosting plan specified to support your email and website as well as performing a complete test of your services post transfer.
Completion. It is your responsibility to ensure that all necessary files and settings have been migrated to completion.

We endeavour to ensure that all of the above items and any other factors relating to a web hosting transfer are done to maximum effect and have installed a solid process and policy to govern the management of a migration however we shall not be held liable for any failure, damaged or lost data to Galaxy Internet. It is your sole responsibility to maintain a full back up of your data and files.

6.1 Refunds
In addition to other terms and policies contained within this document this clause, which specifically applies to a refund following an order for a Web Hosting Transfer shall apply.

As per clause 18.6, we will take every measure available to us to conclude a migration to the maximum success possible, however we cannot guarantee 100% success. As such we may offer a credit or refund for any purchase web hosting plan when combined with a web hosting transfer order. We maintain full discretion as to when this should and shouldn’t be offered.

7. REACTIVATION

In the event that your web hosting service has expired we will charge a re-activation fee of $99 provided it is within zero to 10-days of your service being suspended/de-activated. Re-activation of your service from 10-28 days of suspension/deactivation will incur fees of up to $199. And any re-activation of a web hosting service which has been inactive, deactivated or suspended for 28+ days will incur a fee of up to $499 depending on the size of your website as we will then have to revert to manual web server back-ups to restore your service if we have chosen to go to the liberty of storing your data off site on your behalf.

8. CUSTOMER RESPONSIBILITY

As a Web Hosting Client/Customer, you accept full responsibility for the safeguarding of your intellectual property. It is your responsibility to create downloads and backups of your service if you allow your Web Hosting Service to lapse for longer than 28+ days. If you lose your data as a result of non-payment and non-renewal of your Web Hosting Services you accept full responsibility and will not hold Galaxy Internet accountable. We do not guarantee off site back-ups of your services unless you request for this service specifically and pay for this service separately to your main Web Hosting Service.