Hawaiian.net
Acceptable Use Policy & Terms of Service
Updated
9-21-2006
Table of Contents
This Terms of Service Agreement ("Agreement")
is made between Hawaiian.net ("Hawaiian.net")
and you (referred herein as "you," "User,"
or "Subscriber") and governs the use of the
Hawaiian.net Internet access service and related features
("Services"). By establishing an account or
using these Services, you agree to be bound by this Agreement
and to use these Services in compliance with this Agreement
and the Hawaiian.net Acceptable Use Policy (“AUP”)
incorporated herein. If at any time you choose not to
agree to any or all of the terms and conditions set forth
in the Agreement and the AUP, you must terminate your
use of these Services as set forth in Section 3. Hawaiian.net
reserves the right to modify this Agreement and the AUP
in its discretion by posting changes online at least 30
days in advance of the effective date of any changes.
You are responsible for regularly reviewing the Agreement
and related documents to obtain timely notice of such
changes. Your non-termination or continued use of these
Services after changes become effective constitutes your
acceptance of this agreement as modified by the posted
changes.
You must be at least 18 years of age
in order to subscribe to these Services. Local access
and dial-up numbers may not be available in all areas.
You are solely responsible for determining if use of a
particular dial-up number will cause you to incur long-distance,
toll, or other charges. Hawaiian.net is not responsible
for any long-distance, toll, or other telecommunications
charges you incur.
You are fully responsible
for all usage and charges incurred by the use of our services,
including but not limited to the use of the login name/password
or network connection assigned to you. If you use Hawaiian.net's
service at any time during the billing period during which
you cancel, you will be responsible for that months service.
After the 5th day of your service period, you will be
responsible for the full months charges even if you cancel
the account and regardless of usage during that billing
period.
If you lose your
password or suspect that it has been compromised you should
promptly contact Hawaiian.net. It is required of all users
that any services purchased from Hawaiian.net not be used
in any manner that would be considered illegal under local,
state or federal law.
All invoices are due and payable in advance
of services rendered, on or before the due date stipulated
on invoice unless other payment terms have been authorized.
Alternative payment terms can only be authorized by 1)
completing a Hawaiian.net credit application and receiving
an approved term credit account and/or 2) a specific alternative
contractual agreement.
You agree that you understand and accept
these Terms and Conditions and agree to pay for these
services according to the billing policies currently in
effect using the rates as posted on Hawaiian.net's website
or available in print at the Hawaiian.net office. Hawaiian.net
will not raise prices on prepaid contracts. Prepaid account
balances or credits do not constitute prepaid contracts.
Any setup fees that have been paid are non-refundable.
Hawaiian.net will not accept or honor
post-dated checks, nor any form of payment which contains
any limitation or condition to immediate payment or how
that payment is applied to customer’s account.
Checks not honored by either party’s
bank and returned unpaid for any reason will be assessed
a return check fee of $25.00 per item. Checks not accepted
by by either party’s banking institution will not
be returned except at Hawaiian.net’s sole discretion
and only upon customer’s written request and payment
in full of outstanding balance, including late charges
and returned item fees, if any.
If you have requested automatic credit
card or debit card payments, by giving us your charge
card information you authorize Hawaiian.net to perform
repetitive credit card billing until notified in writing
that your account is terminated or payment method is modified.
If any payment by charge card is refused by the credit
card agency more than three times for any reason other
than input error, you will immediately be deemed in default
and subject to a $25.00 service charge.
If you are using a credit card or debit
card for prepayment of regular billing, you are responsible
for notifying Hawaiian.net of any changes to your credit
card or debit card account status, including any changes
in charge card numbers and/or expiration dates. Failure
to do so could cause the termination of your account without
notice.
If you require a printed invoice to be
sent to you, your invoice will include a $2.00 / month
invoice fee. If you do not want this fee assessed on any
future bills, please contact Customer
Service and change your invoicing method to either
"email only" or "credit card".
3.2.1 PROPER NOTIFICATION OF DESIRED
CHANGES TO ACCOUNTS Back
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Proper notification includes timely direct
contact with a member of the Hawaiian.net Customer Service
staff in person or via mail, phone, fax or email to:
Hawaiian.net.
P.O.Box 31000
Honolulu, HI 96849-5463
Email: csr@hawaiian.net
Phone numbers
You agree to keep Hawaiian.net properly
informed of your contact information including your name,
postal mailing address, and telephone number. This includes
your email address if you normally use an email address
other than the one assigned and provided for you by Hawaiian.net’s
service.
If payment has not been received by the
10th day after the stipulated due date, a two percent
(2%) per month (as permitted by law) late charge will
be assessed, with a minimum late charge of $5.00 per month.
If payment is not received within the terms specified
under these Terms of Service, service can be suspended
without further notice.
You agree to pay reasonable late charges
as permitted by law, attorney fees, collection agency
fees and other costs associates with collection efforts
on all amounts due and owing that have not been disputed
in writing. Items disputed in writing will be exempt from
late charges until a formal written determination and
response in resolution of the dispute has been sent by
Hawaiian.net, at which time late charges will begin to
accrue if applicable.
We can accept late payments, partial payments
or checks and money orders marked “payment in full”
and any other restrictive endorsement without losing any
of our rights or entitlements under our Terms of Service
for any remaining balance due, including but not limited
to late fees and other collections costs.
You agree that if your account does not
comply with these Terms of Service, Hawaiian.net may,
at its sole discretion, require that all future payments
be made in advance of service by credit card.
If we do not receive your payment when
due, a monthly late fee will be assessed in accordance
with Section 3.2.2. Accounts more than 30 days past due
will be forwarded to our Collections Department.
This Agreement applies to you for as long
as you remain a subscriber to any of the Services ("Term").
You may terminate this Agreement and your use of the Services
at any time and for any reason by providing notice to
the Hawaiian.net Customer Service Department in person
or via mail, phone, fax or email to csr@Hawaiian.net.com.
Failure to pay a proper billing invoice does not constitute
proper notification, and you are responsible for all fees
accrued to your account until proper notification is received,
regardless of usage.
Hawaiian.net may terminate this Agreement,
your password, your account, and/or your use of these
Services without prior warning for any reason, including
but not limited to failure to pay any charges when due,
if someone using your account has violated this Agreement
or the AUP. All terms and provisions of this Agreement
shall survive its termination, including, without limitation:
Section 1, Section 3, Section 11, Section 12, and Section
13.
Hawaiian.net may elect to send notice
of any violations to you before termination, but is not
required to do so. When an account has been terminated,
the reactivation of the old account or the acquisition
of a new account will only be allowed by the express approval
of Hawaiian.net. The account may be held responsible for
any charges associated with installation or activation,
whether it is for a new account, or a suspended or terminated
account. Section 1, Section 3, Section 11, Section 12,
and Section 13 shall survive the termination of this agreement.
3.3.1 REFUNDS
Back to Table of Contents
Refund requests must be submitted on Hawaiian.net’s
Refund
Request Form, and the account holder’s signature
must be received prior to processing. Refunds will be
provided for all prepaid full months. Prepaid accounts
that received special discounts will be charged for the
period(s) of service up to the date of cancellation at
the standard monthly rate(s). There will be a $10.00 processing
fee deducted from the total refund.
Please allow 4-6 weeks for reimbursement
payment.
If your service is cancelled for misuse
according to these Terms and Conditions, Hawaiian.net
reserves the right to apply additional fees and/or administrative
costs incurred to your account prior to reimbursement.
3.3.1.1 METHOD OF
REFUND Back
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Refunds will be issued back to the credit
card or debit card on file for customers that have paid
by credit card or debit card. If this information has
been cleared from our records for security purposes, Hawaiian.net
may request that your credit card or debit card information
be resubmitted in order to process the refund. (Refund
Request Form - PDF)
Refunds will be issued in the form of
a company check to customers that have paid by cash, check
or money order.
3.4 TEMPORARY SUSPENSION
OF SERVICE Back
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3.4.1 SUSPENSION
OF SERVICE FOR NON-PAYMENT
Back to Table of Contents
If your account is in default for non-payment,
your service may be interrupted. Such interruption will
not relieve you from the obligation to pay Hawaiian.net's
monthly account charges. You agree to pay Hawaiian.net
its reasonable expenses, including attorneys and collection
agency fees, incurred in enforcing its rights. Termination
of your account does not remove your responsibility under
this agreement to pay all fees incurred up to the date
the account was cancelled or suspended, including any
collection fees incurred by Hawaiian.net.
3.4.2 VOLUNTARY
SUSPENSION OF SERVICE Back
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You may temporarily suspend your Internet
access account for a minimum of one month up to a maximum
of three months by properly notifying Hawaiian.net of
your request to suspend your account. While your account
is suspended, you may not login to the modem communications
devices at Hawaiian.net. While your account is suspended,
your email account will also be inaccessible. (Hawaiian.net
does have an Email Only service if you need to access
your email during this time.)
You agree that you will be the only user
of your user name/password or network connection and that
you will not transfer or disclose either your user name
or password to any other person, except that you may at
your own risk and responsibility permit other members
of your family or business associates to access these
Services using your user name and password. You shall
ensure that any such users comply with this Agreement
and the AUP and you will be responsible for all usage
of these Services and any other services accessed through
these Services on your account whether or not authorized
by you. You acknowledge that you are aware that certain
content accessible through these Services may contain
material that is unsuitable for minors. You agree to supervise
any minor’s use of these Services through your account.
You are entitled to use only one Internet
login at a time per account unless your account type specifically
(in writing) provides for more than one simultaneous dial-up
login. Using more than one Internet login at a time, or
any usage contrary to these Terms and Conditions by any
party knowingly allowed to use the account are grounds
for appropriate billing of the services used plus reasonable
charges to cover administrative costs for such transgressions
and/or termination of service.
Unlimited access accounts are for intermittent
usage/connection to our system as long as you are physically
in front of your computer and actively using the connection.
This use includes sending and receiving mail, downloading
files, surfing the web and using Internet Relay Chat (IRC).
Furthermore, all connections are limited to a single concurrent
dial-up modem connection unless specifically authorized
otherwise in the terms of a specific access account. You
may not act as an Internet server while connected to Hawaiian.net
unless specifically agreed to in writing.
We expect that you will promptly disconnect
your modem from our dial-up facility when you are not
actively using the connection. If we discover that your
system is connected to Hawaiian.net but idle (not sending
or receiving data) we may disconnect its session.
Using auto-dialers and programs that
send small amounts of data to mimic the appearance of
activity is strictly forbidden. This rule is intended
to be a deterrent to those users who may use these programs.
In order to ensure that all users have
an opportunity to access the system, while still allowing
us to provide service at a fair cost, any usage over 200
hours per month on a standard dial-up account will be
considered "dedicated access". This equates
to approximately 6.5 hours per day or 8.25 hours per business
day. For standard dial-up service, sessions will be disconnected
after approximately 6 hours of continuous connect time.
If we discover you are violating this
policy, your account may be automatically upgraded to
a "dedicated dial-up access" billing rate, you
may be disconnected immediately, and / or your account
may be terminated immediately without warning.
If you need a full-time connection or
multiple concurrent connections, please refer to our Rates
and Services information for pricing and availability,
or contact our Sales department at
sales@hawaiian.net.
We expect that you will promptly disconnect
your modem from our dial-up facility when you are not
actively using the connection. If we discover that your
system is connected to Hawaiian.net but idle (not sending
or receiving data) we may disconnect you.
In any case, you will be disconnected
after approximately 6-8 hours of continuous connect time.
These procedures are designed to ensure that all of our
users will have an opportunity to access the system. We
expect customers to follow these basic rules and help
to make everyone's online experiences more enjoyable.
If you need a full-time connection or
multiple concurrent connections, please refer to our Rates
and Services information for pricing and availability,
or contact our Sales department at sales@hawaiian.net.
Customers are bound to all standard Hawaiian.net
Terms of Service in addition to those of the telecommunications
company providing their DSL line.
Hawaiian.net reserves the right to limit
or disable users that are deemed to be using resources
in excess of their account provisions. The use of a hardware
firewall to protect your systems from the open nature
of the fiber networks is strongly recommended.
Residential fiber optic service is a
“High Speed service” and does not provide
Business
Class/Heavy Usage service to the end
user. Business Class/Heavy Usage service is defined as
any customer using more than 7GB of usage within one month
of service.
Hawaiian.net’s Shared Tenant Services
is an amenity provided to multi-unit complexes used
for high-speed access. The nature of
the connection does not guarantee any specific rate of
connection for the end user. For the purposes of this
service, Hawaiian.net’s Customer is the property
owner, not the end user.
5.6 VIOLATIONS OF Hawaiian.net’S
ACCEPTABLE USAGE POLICY Back
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The following constitutes violations
of this policy:
- Using our services to transmit material that either
intentionally or unintentionally violates any applicable
local, state, national, or international law.
- Using our services to transmit material that either
threatens or encourages bodily harm or destruction of
property.
- Using our services to transmit material that harasses
another.
- Using our services for fraudulent activity (such
as “chain letters”,” pyramid schemes”,
and/or “Ponzi schemes”)
- Users may not add, remove, or modify identifying
network header information to further their efforts
to deceive or mislead.
- Users may not attempt to impersonate any person by
using forged headers or other identifying information.
Using anonymous remailers or nicknames does not violate
this policy. Nor does using deliberately misleading
headers in news postings in order to avoid spam email
address collectors.
- Using our services to transmit unsolicited commercial
email or unsolicited bulk email.
- Using our services to access or attempt to access
the accounts of others.
- Performing port scanning.
- Using our services to penetrate or attempt to penetrate
security measures of Hawaiian.net or another entity’s
computer software or hardware, electronic communications
system, or telecommunications system, whether or not
such action results in loss of or corruption of data.
- Using our Services for any activity that adversely
affects the ability of other people or systems to use
or access Hawaiian.net Services and/or the Internet.
This includes “denial of service” (DoS)
attacks against another network host or individual user.
- Using our services to transmit any material that
infringes any copyright, trademark, trade secret, patent,
or other proprietary rights of any third party (such
as copying copyrighted material, the digitization and
distribution of photographs from magazines, books, etc,
and unauthorized transmittal of copyrighted software).
- Using our services to attempt to collect personal
information about third parties without their knowledge
or consent whether successful or not.
- Reselling our services without our explicit authorization
(in writing). Interference with or disruption of other
network users, network services or network equipment
is prohibited. It is the Member's responsibility to
ensure that their network is configured in a secure
manner. A Member may not, through action or inaction,
allow others to use their network for illegal or inappropriate
actions. A Member may not permit their network, through
action or inaction, to be configured in such a way that
gives a third party the capability to use their network
in an illegal or inappropriate manner.
- Using our services to run a server without prior
written approval (such as a server used for file sharing,
web page hosting, etc).
IP addresses are assigned & rented,
not given, are not portable, and do not become property
of the recipient. Hawaiian.net may reduce, reallocate,
or reassign IP address assignments at any time and for
any reason. Assignment of an IP address to a customer
does not constitute approval to run servers.
All Internet access service accounts
may include up to five individual email accounts with
separate email user id's and passwords. All multiple email
services for a single account will alternately use the
same solitary dial-up connection provided for the account
by Hawaiian.net. Up to 25MB of temporary storage space
are provided for email messages.
Hawaiian.net may email its users with
billing invoice notices or notify users of important announcements
regarding changes to terms of service or impending actions
that may affect services provided by Hawaiian.net.
See below for description, policy, and
consequences of violations regarding email usage.
Web Site Hosting is a service in which
Hawaiian.net provides the Customer with space on one of its
web servers. The Customer is provided with access to this
space and is fully responsible for any content they upload
to the server. Hawaiian.net highly reccomends that Customers
using this service keep a current back-up copy of their
site on their local machine or other storage medium. Customer
agrees not to sublet any server capacity to any party
without the prior express written consent of Hawaiian.net.
You acknowledge and agree (i) that the
use of your web site hosting and any content, information,
and all other aspects of your web site will not violate
the AUP, any applicable law, or any rights of another,
(ii) that you are solely responsible for the content,
quality, performance, and all other aspects of the information
or other content contained in or provided through your
personal web site and (iii) that Hawaiian.net has no proprietary,
financial, or other interest in any of the content or
information that may be described in or made available
through your personal web site. Hawaiian.net may, without prior
notice, terminate your personal web site if Hawaiian.net, in
its sole discretion, believes that you have violated this
Section.
If Hawaiian.net provides you with a domain
name that has the names or marks of Hawaiian.net embedded
therein ("Hawaiian.net Domain Name"), you may
use the Hawaiian.net Domain Name only during the Term.
Hawaiian.net shall own the Hawaiian.net Domain Name and
the Hawaiian.net Domain Name may be subject to change
by Hawaiian.net or the applicable domain name registry.
Other than for identifying the location of your web site,
you may not use the name or any marks of Hawaiian.net
or any of its affiliates in any press release, promotional
materials, or other manner without the express written
approval of Hawaiian.net.
The Customer site will be allowed up to
5 Gb of throughput per month. If monthly throughput is
consistently exceeding the allotted 500 megabytes, the
customer will be notified. Additional throughput will
be made available to the customer, in increments of 2
Gb at $10.00 per month (before discount).
Hawaiian.net will create a directory on the
Hawaiian.net Web Server for Customer's Web documents. Customer
agrees that any fees charged by any third party associated
with the registration of Customer's Domain Name (e.g.,
InterNIC) are the sole responsibility of Customer. Hawaiian.net
will provide general support of FTP settings required
to transfer files to the Web Space. For assistance with
web page developement, Hawaiian.net has a Web Design and Development
department.
Some account types include Personal Web
Space. This Web Space is not designed, intended, nor is
to be used as commercial-grade service. This service is
provided for customers to post their own personal web
page, learning about basic web page development, or to
store small files. Hawaiian.net reserves the right to limit
access to personal web sites that exceed 500MB/month of
data throughput or contain content defined as unacceptable
in section 8.5.1.
Hawaiian.net is in no way responsible for the
content of these pages and does not provide any kind of
back-up or data-recovery services for the personal web
server. It is highly reccomended that customers keep a
current back-up of files that they post in their web space.
All terms and conditions under section
8.1. shall apply to Personal Web Space. Also, you hereby
acknowledge and accept that you will only use the space
for non-commercial purposes and will not incorporate any
advertisements in the content.
You shall own all graphics, text or other
information or content supplied by you for incorporation
into or delivery through your personal website. Hawaiian.net
shall own any software developed or modified by Hawaiian.net
and all graphics, text or other information or content
materials supplied by Hawaiian.net for incorporation into your
web site ("Hawaiian.net Materials"). You may only
use the Hawaiian.net Materials in association with your personal
website and only during the Term.
If Hawaiian.net provides you with domain
registration services, you agree to our Registration Agreement
terms found here.
Hawaiian.net has no obligation to monitor
these Services, but may do so and disclose information
regarding use of the Services for any reason if Hawaiian.net,
in its sole discretion, believes that it is reasonable
to do so, including to: (i) satisfy laws, regulations,
or governmental or legal requests; (ii) operate these
Services properly; or (iii) protect itself and its Subscribers.
You agree to indemnify, defend, and hold
harmless Hawaiian.net and its subsidiaries, affiliates,
officers, employees, agents, suppliers, or other partners
from any and all third party claims, liabilities, costs,
and expenses, including reasonable attorneys fees, arising
from your use of these Services, your violation of this
Agreement, or your violation of any rights of another.
12. LIMITATION OF LIABILITY AND DISCLAIMER
OF WARRANTIES Back
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YOU ASSUME TOTAL RESPONSIBILITY FOR USE
OF THESE SERVICES AND THE INTERNET AND ACCESS THE SAME
AT YOUR OWN RISK. Hawaiian.net EXERCISES NO CONTROL OVER
AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT ACCESSIBLE
OR ACTIONS TAKEN ON THE INTERNET AND Hawaiian.net EXPRESSLY
DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS.
Hawaiian.net SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE,
LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INFORMATION
OR DATA, OR INTERRUPTED COMMUNICATIONS, ARISING OUT OF
OR RELATED TO THE SERVICE. UNDER NO CIRCUMSTANCES WILL
Hawaiian.net BE LIABLE TO YOU OR ANY THIRD PARTIES FOR
AN AMOUNT GREATER THAN THE TOTAL AMOUNT OF SERVICE FEES
PAID BY YOU DURING A SIX MONTH PERIOD.
THESE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Hawaiian.net
MAKES NO WARRANTY OF ANY KIND, WRITTEN OR ORAL, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Hawaiian.net
DOES NOT WARRANT THAT THESE SERVICES SHALL BE UNINTERRUPTED,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
A. Governing Law. This agreement will
be construed and enforced in accordance with the laws
of the State of Washington
B. Venue. You hereby irrevocably consent
to the exclusive jurisdiction and venue in Washington
Superior Court in Kitsap County, or in the United States
District Court for the Western District of Washington
in Tacoma.
If any provision of this agreement is
determined invalid, the remainder of this agreement shall
remain valid and enforceable.
The parties agree that this Agreement
is the complete and exclusive statement of the agreement
between the parties, which supersedes and merges all prior
proposals, understandings, and all other agreements, oral
or written, between the parties relating to this Agreement.
This Agreement and the Acceptable Use
Policy constitute the entire agreement between you and
Hawaiian.net with respect to your use of these Services.
Hawaiian.net may assign this Agreement and your rights
and obligations under this Agreement, in whole or in part,
at any time without notice to you. You may not assign
this Agreement without Hawaiian.net's prior written consent.
Hawaiian.net's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not
be construed as a waiver of any provision or rights.
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