GalaxyVisions, Inc.

Review: I had a server colocated with ColoGuard (GalayVisions). I wanted to remove my server from their facility as I was not happy about the quality of service (after having been a customer for two months already). They said that they needed 30 days cancellation notice, and I had to pay for a third month, which I had no problem with. Three days after paying my final invoice, my account was terminated without notice. I contacted them and they said that they had terminated my account because my server had allegedly been attacked. They claimed that such illegal attack (AGAINST me) was against their Acceptable Use Policy, so that is why they terminated my account. What Galaxyvisions/ColoGuard accused me of doing (my colocated server getting DDoSed) was not against their Acceptable Use Policy (they claimed that I violated #2 under their prohibited uses).See their Acceptable Uses Policy Here: http[redacted], I did not cause or attempt to cause disruptions in service. I was attacked illegally. They terminated my account on the spot and did not even notify me of it (which they also should - it's also in their Acceptable Use Policy under the Enforcement section):I received no communications from ColoGuard/Galaxyvisions regarding this matter. Additionally, I am no longer responsible for the alleged annual contract as my account has already been terminated by management (they also said I could cancel at any time for any reason, only with 30 days cancellation notice).I had tried, with no success, to work out an agreement with the owner of the business prior to filing this claim.Desired Settlement: I just want a full refund for the amount I paid ($171.99).

Business

Response:

Hi,

Please find attached is the server removal form, where it states that client authorizes that he has no complaints and/or issues with GalaxyVisions. Moreover, client was presented with our AUP as well as billing policy. He violated our AUP and therefore was terminated. We do not refund money, since the client had a year contract which he terminated earlier than his mature date. We went back and forth with the client about.

Acceptable Use Policy

This policy applies to all persons and entities (collectively, "customers") using the products and services of GalaxyVisions, including Internet service. The policy is designed to protect the security, integrity, reliability and privacy of both the GalaxyVisions network and the products and services GalaxyVisions offers to its customers. GalaxyVisions reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of GalaxyVisions' products and services constitutes your acceptance of the policy that is in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service. You agree not to engage in any unacceptable use of the service.

What uses are prohibited?

Unacceptable use includes, but is not limited to, any of the following:

Posting, transmission, re-transmission, or storing material on or through any of GalaxyVisions' products or services, if in the sole judgment of GalaxyVisions such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.

Deceptive marketing practices.

Actions that restrict or inhibit anyone - whether a customer of GalaxyVisions or otherwise - in his or her use or enjoyment of GalaxyVisions' products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

Introduction of malicious programs into the GalaxyVisions network or servers or other products and services of GalaxyVisions (e.g., viruses, Trojan horses and worms).

Executing any form of network monitoring that will intercept data not intended for the customer.

Circumventing user authentication or security of any host, network or account.

Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of GalaxyVisions' products or services.

Sending unsolicited mail messages, including "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

Harassment, whether through language, frequency, or size of messages.

Solicitations of mail or any other e-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

Use of unsolicited e-mail originating from within the GalaxyVisions network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by GalaxyVisions or connected via the GalaxyVisions network.

Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

Unauthorized use or forging of mail header information.

Failing to comply with GalaxyVisions' procedures relating to the activities of customers on GalaxyVisions-owned facilities.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement

GalaxyVisions may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which may be provided by voicemail or e-mail. Prior to suspension or termination, GalaxyVisions attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, GalaxyVisions reserves the right to suspend or terminate on a first offense.

If you have any questions, please feel free to contact us.

Sincerely,

GalaxyVisions Billing Department