Wireless Access Terms of Service and Acceptable Use Policy

Access to the Service
The Brookline wireless (Wi-Fi) Service is provided by Galaxy Internet Services Inc. in connection with The Town of Brookline. Your access to the Service is completely at the discretion of Galaxy Internet Services Inc., and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for Galaxy Internet Services Inc. or its owners, disruption of access to other Users or networks, and violation of applicable laws or regulations. Galaxy Internet Services Inc. may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.

Acceptable Use of the Service
Galaxy Internet Services Inc. supports the free flow of information and ideas over the Internet. Your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of Galaxy Internet Services Inc., or any third party.

The use of the Service for the following activities is prohibited:

Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's' privacy.

Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

Defamatory or Abusive Language
Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.

Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Hacking
Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment.  Certain high bandwidth or potentially destructive protocols may not be available on the Service.

Facilitating a Violation of this Agreement of Use
Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations
The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.

Obscene or Indecent Speech or Materials
Using the Service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. Galaxy Internet Services Inc. will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with any illegal activity.  Certain content or web sites may be filtered or unavailable due to inappropriate content.    

Other Illegal Activities
Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating or inappropriately distributing copywritten material, or making fraudulent offers to sell or buy products, items, or services.

Resale
The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.

Notice of Violations of the AUP
Galaxy Internet Services Inc. requests that anyone who believes that there is a violation of the AUP direct the information to: wifi@gis.net

Agent to Receive Notification of Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringes your copyright, you (or your agent) may send Galaxy Internet Services Inc.'s Designated Agent a notice requesting that the item, information or material be removed, or access to it blocked. You can contact Galaxy Internet Services Inc.'s Designated Agent at: wifi@gis.net

Disclaimer
You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) that Galaxy Internet Services Inc. does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that Galaxy Internet Services Inc.'s and that its owners ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable. THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY Galaxy Internet Services Inc., OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Payment Terms

A subscriber must pay fees per Galaxy's rate schedule in effect from time to time as a condition to obtaining access to Galaxy's services and system. A subscriber must also pay any applicable sales, use or like taxes, as well as any applicable regulatory fees (eg: FUSF). All credit card payments will be withdrawn from your card on your next billing date. In the event your billing date falls on a weekend or holiday your card will run the day before. Please keep your card information updated to avoid any interruption of your services. Rate changes will be effective when published on-line or otherwise provided to subscribers. All Galaxy service charges are due in advance of the service. Payments not received on the due date are considered delinquent and are subject to immediate suspension. Past due amounts are subject to a 2.48% late fee. Payments not made within 7 days of original billing date are subject to immediate termination without notice.

If you pay by check, a bounced check will result in a $15 service charge.

To re-activate a suspended account, a subscriber must call Galaxy to make acceptable arrangements for payment.

A "month" is not a calendar month, but is based on the subscriber's billing date (i.e. the day of the month the subscriber signed up on) and extends until the same day of the following month. A month is considered "paid for" if any day of that monthly billing period has already passed.

A subscriber's account is billed based on its existence on our system. Accounts are not billed based on a subscriber's usage.

Refund Policy

If an account is cancelled within 7 days of the initial sign-up date, the customer is entitled to a refund of some or all of the amount charged. If payment is by credit card, the customer is entitled to a full refund, consisting of the setup fee and first months charge, credited to their credit card. If payment is by check or refund by check is requested, the customer is entitled to a full refund, consisting of the setup fee and first months charge, less a $20.00 service charge for processing.

If you previously had an account with Galaxy, the trial period does not apply. No refunds will be issued for cancellations in the first 7 days.

In Accordance With The Federal Consumer Protection Law Covering Credit Card Transactions, Galaxy Will No Longer Discuss Credit Card Billing Issues On Charges That Exceed The Billing Dispute Date (60 Days After The Charge Is First Shown On Their Credit Card Statement). The Customer Has A Responsibility To Look At Their Statements, And To Respond To Any Billing Questions In A Timely Manner.

Suspension & Cancellation

Upon notification of a subscriber's intention to cancel service with Galaxy, the subscriber's account will remain active on our system until the end of the subscriber's billing period. Cancellations can only be accepted via the telephone with one of our customer service representatives. We cannot and will not accept cancellation requests submitted by fax or electronic mail.

We will not grant refunds for cancellations after the trial period end date.

Declined Credit Cards. When a credit card declines we notify the customer first by email, then we follow up with a phone call.

Note: Your Galaxy email address is the default for billing notification. Please inform us if you would like us to use a different email address for contact purposes. Also, please keep email and phone number contact information up to date.

If the declined credit card issue is not resolved within 7 days the account will be temporarily suspended*. After 28 days the account will be cancelled. If you wish to reactivate the account after this time there will be no setup or re-activation fee, however, you may still owe us for a previously unpaid balance.

Please call us if you get a new card, your expiration date changes, your address or phone number changes or you would like to switch to an alternate form of payment.

Note: Your Galaxy email address is the default for billing notification. Please inform us if you would like us to use a different email address for contact purposes. Also, please keep email and phone number contact information up to date.

If we do not receive payment within 7 days of the renewal date the account will temporarily be suspended*. After 28 days the account will be cancelled. If you wish to reactivate the account after this time there will be no setup or re-activation fee, however, you may still owe us for a previously unpaid balance.

Please call us if your address or phone number changes or you would like to switch to an alternate form of payment.

*Suspended Accounts - When an account is suspended, we normally just change the password. Email addresses are still valid but the customer will not be able to log into the mailbox or access the Internet until all payment issues have been resolved and the account is reset.

Accounts terminated for non-payment will be re-activated only upon the receipt of the full amount past due and a written request to re-instate the account.

Please note, Galaxy reserves the right to cancel any account at any time.

No Consequential Damages
UNDER NO CIRCUMSTANCES WILL GALAXY INTERNET SERVICES INC., ITS OWNERS, THEIR SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT Galaxy Internet Services Inc. OR ITS owners MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED $100. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.

Indemnity
You agree to indemnify and hold harmless Galaxy Internet Services Inc., The Town of Brookline, its owners, and its and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that Galaxy Internet Services Inc. may assert under this Agreement or by law.

Arbitration
You agree to submit any and all controversies or claims arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, to an arbitrator. The arbitrator may, at either party's request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this Section will prevent the parties from seeking interim injunctive relief against one another.

Interpretation
This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. Galaxy Internet Services Inc.'s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede Galaxy Internet Services Inc.'s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Galaxy Internet Services Inc. with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and Galaxy Internet Services Inc. with respect to its subject matter and supersedes all prior writings or understanding.