1. INTRODUCTION.
The Acceptable Use Policy (“AUP”) of Galaxy Broadband Communications Inc. (GBC) and the GBC Service is intended to help enhance the use of the Internet by preventing unacceptable use. All users of GBC service (the “Service”) – those who access some of our Service but do not have accounts (“Visitors”), as well as those who pay a monthly service fee to subscribe to the Services (“Subscribers”) – must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services, except for certain proprietary Websites. However, in accordance with our Subscriber Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. GBC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Service and/or your GBC account.

2. VIOLATIONS OF ACCEPTABLE USE POLICY.
The following constitute violations of this AUP:

2.1 UNSOLICITED BULK COMMUNICATIONS.
You may not use the Service to send unsolicited bulk communications, including through email. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about GBC users from the GBC Service, including screen names, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your subscription and further legal action. You agree that GBC may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within the GBC Service or its facilities.

2.2 OTHER PROHIBITED CONDUCT.
You agree not to use the Service as follows: (a) for any unlawful, improper or criminal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are libelous, defamatory, invasive of another person’s privacy, obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes, or incites bigotry, hatred, or racism, or might be legally actionable for any reason, or hurts minors in any way; (c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (d) to intentionally or unintentionally violate any applicable local, provincial, state, national, or international law, including, but not limited to, rules, orders, and regulations having the force of law; (e) to attempt to access or access the accounts of others, to spoof or attempt to spoof the URL or DNS address, or to attempt to penetrate or to penetrate our security measures or other entities’ systems (“hacking”) whether or not the intrusion results in corruption or loss of data; (f) to bombard individuals or newsgroups with uninvited communications, data, or information, or other similar activities, including but not limited to “spamming,” “flaming,” or denial or distributed denial of service attacks; (g) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with, or redirect email intended for third parties using the Service; (h) to introduce viruses, worms, harmful code, and/or Trojan horses on the Internet; (i) to post information on newsgroups which is not in the topic area of the newsgroup; (j) to interfere with another person’s usage or enjoyment of the Internet or this Service; (k) to post or transmit information or communications that are defamatory, fraudulent, obscene, or deceptive, including but not limited to scams such as “make-money-fast” schemes or “pyramid/chain” letters; (l) to damage the name or reputation of GBC, or its affiliates and subsidiaries, or any third parties; (m) to transmit confidential or proprietary information, except solely at your own risk; (n) to violate our or any third party’s copyright, trademark, proprietary, or other intellectual property rights, including trade secret rights; (o) to generate excessive amounts (as determined in our sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (p) to engage in activities designed to or having the effect of degrading or denying Service to GBC users or others (including activities that compromise a server, router, circuit, or software); (q) to use any name or mark of GBC, or its affiliates, or subsidiaries, as a hypertext link to any Website or in any advertising publicity or other commercial manner; (r) to use your GBC account for the purpose of operating a server of any type; (s) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (t) to cause the screen to “scroll” faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (u) to use the Service to disrupt the normal flow of online dialogue; (v) to use the Service to violate any operating rule, policy, or guideline of any other online services provider or interactive service; (w) to attempt to subvert, or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (x) to impersonate any person or using a false name while using the Service; (y) to install “auto-responders,” “cancel-bots,” or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (z) to make false or unverified complaints against any GBC subscriber, or otherwise abusing any of our complaint response procedures; (aa) to export software or any information in violation of Canadian or US export laws; or (bb) to use the Service in contravention of the limitations of the pricing plan you have chosen.

2.3 NOTICE REGARDING GBC’s POSITION ON CHILD PORNOGRAPHY.
GBC takes its commitment to protect children from exploitation over the Internet extremely seriously. Consequently. GBC further commits that all complaints received shall be investigated promptly, generally within three (3) business days or less. No GBC facilities or services may be used by in any fashion for the transmission or dissemination of images containing child pornography.

3. REVISIONS TO THIS ACCEPTABLE USE POLICY.
GBC may revise, amend, or modify this AUP, at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the terms set forth in the Subscriber Agreement.


© 2013 Galaxy Broadband Inc. All rights reserved.

THIS POLICY STATES IMPORTANT REQUIREMENTS REGARDING USE OF GALAXY BROADBAND SATELLITE SERVICE, AND YOUR RELATIONSHIP WITH GALAXY BROADBAND. YOU SHOULD READ THIS POLICY CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

At GALAXY BROADBAND, our goal is to give each of our customers the fastest service possible at the lowest possible price. We are always striving to develop programs and policies that help make that possible. Our Soft Cap Policy is designed to impact the fewest customers while helping ensure the best speeds for the vast majority of our customers.  Our Soft Cap Policy policy is based on an analysis of usage data, Galaxy Broadband servers have established a usage threshold well above the maximum typical usage rates (usage rates are unique to individual plans). When a customer exhibits patterns of system usage which exceed that threshold for an extended period of time, the Soft Cap Policy may temporarily limit that subscriber’s throughput to ensure the integrity of the system for all Galaxy subscribers.

GALAXY BROADBAND estimates that a small percent of customers account for a disproportionate share of data usage on the GALAXY BROADBAND network. To ensure that all GALAXY BROADBAND customers have equitable access to the GALAXY BROADBAND network, GALAXY BROADBAND has implemented this Soft Cap Policy. GALAXY BROADBAND sets usage thresholds on the amount of data each end user can upload and download within stated time periods. If an end user exceeds these thresholds, GALAXY BROADBAND will temporarily limit the speed at which the end user can send and receive data over the GALAXY BROADBAND network. The end user will still be able to use the SKYDATA service but upload and download speeds will be slower. In cases of extreme and continued violation of the Soft Cap Policy limitations, service may be suspended. GALAXY BROADBAND may use other traffic management and prioritization tools to help ensure equitable access to the GALAXY BROADBAND network for all customers.

Based on an analysis of typical customers, we have set a rolling 8 hour refresh limit on data usage per customer modem based on the service plan type, called a Usage Threshold. This period is renewed every 8 hours. As shown in the table below, this threshold varies based on the service plan selected. For each service plan, the Usage Thresholds are significantly above the amount of data that is used by a typical customer. We continuously measure each modems upload and download data usage (“Actual Usage”) to determine if total Actual Usage, as
aggregated over the 8 hour period (“Usage Total”), exceeds the Usage Threshold for the service plan type selected.

If at any time an end user’s modem Usage Total exceeds either the Upload or Download Usage Threshold, we will reduce that end user’s SkyDATA access speeds, typically to 128 kbps in the downstream (from the Internet to end user) and 28 kbps in the upstream (from end user to the Internet). The end user’s access speeds will be restored to the original speed levels within 8 hours from the time the account was subject to the Soft Cap Policy.


An end user is likely to avoid any limitations imposed by the Soft Cap Policy if use is typical of the majority of Internet users and consists primarily of Web surfing and a reasonable amount of
downloading. The table below shows the daily Usage Thresholds for each plan. These limits specify the amount of data that an end user can upload and download per modem before GALAXY BROADBAND will reduce access speeds under the Soft Cap Policy. Please note that an end user’s Usage Total is far more likely to exceed the Usage Thresholds below if the end user uses peer-to-peer file sharing programs, a webcam, or downloads full length movies, large quantities of music files, gaming, full software applications or similar high-bandwidth activities.

GALAXY BROADBAND MAY REVISE THIS SOFT CAP POLICY FROM TIME TO TIME WITHOUT NOTICE BY POSTING A NEW VERSION OF THIS DOCUMENT ON www.galaxybroadband.ca OR ANY SUCCESSOR URL(S). ALL REVISED COPIES OF THE POLICY ARE EFFECTIVE IMMEDIATELY UPON POSTING. ACCORDINGLY, CUSTOMERS AND USERS OF GALAXY BROADBAND’S SATELLITE BROADBAND SERVICE SHOULD REGULARLY VISIT THESE WEB SITES. QUESTIONS REGARDING THIS SOFT CAP POLICY AND COMPLAINTS OF VIOLATIONS OF IT BY CUSTOMERS AND USERS CAN BE DIRECTED TO GALAXY BROADBAND VIA “HELP” EMAIL OBTAINABLE AT  www.galaxybroadband.ca.

The undersigned has received and reviewed the above GALAXY BROADBAND Soft Cap Policy and acknowledges that the above agreements are part of the terms of the Services Agreement between the undersigned and GALAXY BROADBAND, and that failure to comply with these agreements is a breach of that Services Agreement.

Thank-You for choosing SkyDATA provided to you by Galaxy Broadband Communications Inc. (the “Service”).

Agreement: This agreement is between you the undersigned subscriber of the Service, and Galaxy Broadband Communications Inc. (“GBC”). By creating an account with and using the Service, you agree to be bound by this Agreement as well as the Subscriber Agreement, Acceptable Use Policy and Fair Access Policy as outlined on the GBC Website (collectively, the “Agreement”). This Agreement may be changed by GBC at any time without providing prior notice to you. Any changes to this Agreement will be posted on the GBC Website. If you disagree with the changes you accept that your sole and exclusive remedy is to stop using the Service and notify GBC that you are terminating the Agreement. Your continued use of the Service after changes to the Agreement acknowledges your acceptance of the changed Agreement.

Service:  GBC cannot guarantee upload or download speeds.  The speed will vary depending on location, weather, wiring, internet traffic, content of a particular website, as well as overall performance and configuration of your computer.

Technical Support:  Included in the fees paid for Services, GBC shall provide you with telephonic technical support during our business hours as posted on the GBC website.

Term:  This Agreement is effective as of the date your account is created with GBC and the Service is activated. The minimum initial term is 18 or 36 months, depending on the term selected at time of activation.  After which time has passed you will be renewed automatically for a 12 month term.  If monthly contract term is selected service contract will be on a monthly basis and can be preempted by Galaxy with 30 days notice.

Cancellation:  If you would like to cancel before the initial term you will be charged an Early Termination Fee.  For 18 and 36 month terms, the Early Termination Fee is the remainder of the Term (the monthly fee for your selected Service plan times the number of months remaining).  Requests for cancellation before the initial term will not be processed unless the request is received by GBC in writing 30 days prior to deactivation.  If you would like to cancel the Service after the initial 18 or 36 month period, you must notify GBC in writing 30 days prior to deactivation.  If you are on a no contract plan, you must notify GBC in writing 30 days prior to deactivation.  If a request to cancel is not received the service will automatically be renewed for a 12 month term.  If these Terms and Conditions are not followed GBC has the right to terminate the Service without notice and without any liability whatsoever.

Changes:  Any changes you request to your Service are subject to a $49.95 processing fee, including satellite changes and service level changes and must be received by GBC in writing.  If you would like to change to a Custom QoS plan the Customer Configuration fee applies.

Payment:  The monthly fees are payable when due.  You must provide GBC with accurate and complete billing information, as well as the location in which the Service has been installed.  If your account is past due it is subject to a late payment fee.  Delinquent accounts may be suspended or cancelled at the sole discretion of GBC, however your monthly service charges will continue until your account has been cancelled in writing.  A suspended account is subject to the $49.95 processing fee.  A minimum period of 1-2 business days required to re-activate suspended accounts.  Payments returned from the bank or credit card company for insufficient funds are subject to a $30.00 service charge.  If you are purchasing used equipment you are responsible to pay all outstanding balances before the system can be re-activated. Prices are subject to change without notice.

Installation:  Industry Canada has very strict regulations for installing and pointing a transmitter, therefore only certified installers must install the equipment.  You are responsible for all costs due to the inside and outside wiring and mounting of the system. GBC, its agents, employees, representatives, or contractors have no liability for any damage to or loss or destruction of any of your hardware, software, files or data.  It is your responsibility to backup all existing files.

Required Equipment:  You certify that the computer you are using meets the minimum requirements, and if not it is your responsibility to upgrade it so it meets the requirements or GBC cannot support the system in any way.

Warranty:  The equipment is covered by a 12 month warranty.  Normal time frame for replacement is 10 days from the time it is resolved defective.  This warranty does not cover labour or installation charges that may be required to replace the defective unit.

Protection of System:  GBC reserves the right to: (a) turn off any system operating on the network for an indefinite period in order to comply with Governmental requests; (b) the extent required by law, intercept traffic on the network and route it to Government law enforcement agencies; (c) suspend or deny Service to any system found to be interfering with satellite communications.

Peer 2 Peer Traffic:  Peer 2 Peer file sharing protocols are not actively supported on the SkyDATA network.  Galaxy Broadband offers no assistance in attempting to use these protocols.

GBC VoIP features: Galaxy Broadband VoIP lines include the following non-service critical services: voicemail, call display, call waiting and voicemail included in the $100 monthly service charge.

3rd Party VoIP: Galaxy support cannot be held liable for 3rd party VoIP support or setup.  VoIP configurations must be approved by GBC before allowed network access.  Only G.729 and G.723 are accepted VoIP protocols. Voice call QoS is primarily affected by bandwidth, packet loss and jitter. The SKYDATA service plan with 3rd party VoIP support will ensure that the bandwidth is available with very low packet loss. The one parameter that is beyond our control for non-Galaxy VoIP solutions is the packet jitter from the remote site. Intermixing voice packets with large data packets can result in unacceptable quality, such as ‘choppy’ or ‘broken voice’ transmissions. Should this problem occur we recommend that your ATA configuration should be modified to prioritize voice packets.

Seasonal Holds: Seasonal holds are not available on 18 or 36 month contracts.  No contract terms are available for customers looking to access Galaxy Network on a month to month basis.

Force Majeure:  Neither GBC or you shall be liable to the other should its performance under this Agreement be prevented, restricted or interfered with by reason of any circumstance or event beyond the reasonable control of the party so affected.  A force majeure event includes (i) acts of God, such as fire, flood, earthquake or other natural cause; (ii) terrorist events, riots, insurrections, war or national emergency; (iii) strikes, boycotts, lockouts or other labour difficulties, (iv) the lack of or inability to obtain permits or approvals, necessary labour, materials, energy, components of machinery, telecommunication ground failures; (v) satellite or transponder failure, and (vi) judicial, legal or other action of any Governmental Authority.

Assignment:  You shall not assign any of the rights or obligations under this Agreement without the prior written consent of GBC.

Governing Law:  This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario.  You irrevocably submit to the jurisdiction of the courts of the Province of Ontario, and irrevocably waive any objection at any time to the venue or convenience of forum of any suit, action or proceeding arising out of this Agreement brought in any such court.

Entire Agreement:  This Agreement together with the Service Level Agreement and Acceptable Use Policy and any applicable Order(s) set forth the entire understanding of the Parties with respect to the subject matter of this Agreement and supersede all prior agreements or understandings pertaining to the subject matter hereof.

DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE NOR ANY OF OUR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR ANY OF OUR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, 

SkyDATA Services Agreement                                                

INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF, EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SUBSCRIBER AGREEMENT. IN PARTICULAR, BECAUSE WE MAY PROVIDE SERVICE SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE SERVICE, WHICH CONTENT MAY BE ORIGINATED BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS AND WHICH CONTENT IS NOT AUGMENTED BY OURSELVES, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION AS ORIGINATED BY SAID INDEPENDENT PUBLISHERS AND/OR PROVIDERS, AND WE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY ERRORS, OMISSIONS, OR INACCURACIES RELATING THERETO. IF DEFECTIVE, YOU – NOT OURSELVES, OUR DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER – ASSUME THE CONSEQUENCES RESULTING THEREFROM.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OURSELVES, OUR DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER SHALL CREATE ANY WARRANTY IN OR TO THE GALAXY BROADBAND SERVICE OR THE CONTENT, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.