Table of Contents: Terms & Conditions General Acceptable Use Policy Payment & Billing Additional Service Notes Terms & Conditions a. Agreement - This Agreement, by and between Hawaii Online, hereinafter referred to as "HOL", and the Customer of HOL consumer internet services, hereinafter referred to as "Customer", is intended to set forth the Terms & Conditions under which certain internet-related telecommunications services are provided to Customer by HOL. b. Description of Services - These Terms and Conditions cover the provision by HOL, and acceptance by Customer, of any or all of the following internet services:  (1) Dialup modem access to the internet, (2) POP Email services, (3) Virtual Web & Email hosting and (4) Domain Name Hosting and Domain Name Services (DNS). A full description and current pricing of these products can be found at the HOL websites, http://www.aloha.net and http://mahiai.aloha.net. c. Commencement and Term - This Agreement becomes legally binding upon the date of service activation, which is the day on which HOL notifies Customer that the Service is available for use. The Term of Service shall be month-to-month. No written notice of termination is required. d. Contract: The reading and acknowledgement of these Terms and Conditions will constitute a binding agreement by Customer. Acknowledgement may be effected either by Customer's dated signature on a paper copy of same, or by electronic agreement via clicking the "I Agree" button on an html representation of this document on the worldwide web. e. Termination by HOL - HOL may terminate this Agreement or suspend Services with prior written notice, upon: (a) Customer's failure to pay any amounts as provided in this Agreement, (b) Customer's breach of any provision of this Agreement or any law, rule, or regulation governing the Services, (c) any insolvency, bankruptcy, assignment for the benefit of creditors, appointment of trustee or receiver or similar event with respect to Customer; or (d) any governmental prohibition or required alteration of the Services. HOL may terminate or suspend Services without notice, if: (a) necessary to protect HOL's network, (b) HOL has reasonable evidence of Customer's fraudulent or illegal use of the Services, or (c) required by legal or regulatory authority. Any termination shall not relieve Customer of the obligation to pay any charges incurred hereunder prior to such termination, or for unaffected Services.  f. Termination by Customer - Not applicable. This is a month-to-month agreement and Customer may cancel at any time, with obligation to pay only through the end of the current month. Cancellation Policy: To cancel your service with HOL, call the number on your billing statement.  You will be given a confirmation number. Your cancellation is not valid without a confirmation number. For security reasons we must confirm the identity of those requesting cancellations. DO NOT SEND E-MAIL. Upon cancellation, your account will be terminated at the end of your monthly billing cycle.  You are still responsible for usage and other surcharges incurred until the account is terminated. Prepaid monthly fees are not refundable General a. Neither party may assign this Agreement without the written consent of the other party, except that HOL may assign its rights and/or obligations hereunder; (a) to any subsidiary, parent company or affiliate of HOL; (b) pursuant to any sale or transfer of substantially all its assets, (c) pursuant to any financing, merger or reorganization of HOL. b. Each party agrees to maintain in strict confidence all plans, designs, drawings, trade secrets, and other proprietary information of other party which is disclosed pursuant to this Agreement. Neither party shall use the other's name, trademark or service mark in press releases or marketing collateral without prior written consent. c. OTHER THAN AS SPECIFICALLY STATED IN THIS AGREEMENT, THERE ARE NO WARRANTIES, REPRESENTATIONS OR AGREEMENTS, EXPRESSED OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. d. HOL shall not be liable for any direct, indirect, incidental, consequential, special or punitive damages arising out of, or related to, the provision of Services hereunder or otherwise arising out of this Agreement, including any claims made by or through third parties, even if HOL is informed of their possibility. Under no circumstances shall HOL's liability of any kind exceed the monthly charges for service. e. Customer shall indemnify, defend and hold HOL harmless from, and against, all losses or damages arising from, or related to, injury to persons and property arising from Customer's, or its employees,' agents' or contractors,' negligence, willful misconduct, or breach of this Agreement including, but not limited to, violations or infringements of copyrights, or other intellectual property rights of third parties. f. Except as to claims properly brought before the FCC or a state regulatory authority, this Agreement shall be governed by the laws of the State of Hawaii and any and all disputes arising from this Agreement shall be brought solely within the City and County of Honolulu, Hawaii. g. If any provision hereof is held by a court or other governmental entity to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain unimpaired and in effect. h. This Agreement sets forth the full agreement of the parties with respect to the subject matter hereof, and supersedes any prior agreement or understanding. In the event of a conflict, this Agreement shall prevail. i. Whenever written notice is required to be provided by this Agreement, HOL shall provide such notice to the Customer's billing address or email address and Customer shall provide such notice to HOL at 737 Bishop St. Suite 1900, Honolulu, HI 96813, Attn: Manager. j. SOFTWARE AND LICENSES - No licenses or property interests, including, but not limited to, intellectual property interests, express or implied, are granted by HOL pursuant to this Agreement. HOL is not responsible for the installation, maintenance, compatibility or performance of software used in conjunction with HOL Services. HOL may require Customer to sign a separate license agreement for any software which may be provided by HOL. HOL does not warrant that the SOFTWARE and/or SERVICE will meet Customer's requirements, that operation of the SOFTWARE and/or SERVICE will be uninterrupted or error-free, or that the SOFTWARE and/or SERVICE will be restored. HOL is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems. HOL will have no responsibility to replace or refund the license fee or purchase price of media damaged by accident, abuse, or misapplication. Acceptable Use Policy Customer shall not abuse the service or the Internet in any way or conduct any illegal or inappropriate activities with Customer's account, including but not limited to, spamming, harassment, hacking, violation of intellectual property rights laws, libel laws, slander laws, obscenity laws, pornography laws, invasion of privacy laws or indecency laws. Customer's account may be terminated immediately without notice by HOL personnel if such violations are detected. Customer is solely responsible for any works - writings, files, pictures, or any other work - that Customer posts or transmits using any of HOL's services: email, conferencing, the World Wide Web, USENET, the MUSE, or any other service that allows interaction or dissemination of information. For example, if Customer desires to post, transmit or store a copyrighted work, Customer is responsible for obtaining the copyright holder's permission. Customer agrees to provide his/her actual, legal name when signing up for service. HOL does not permit anonymous accounts. Customer also agrees that he/she may not transmit any message under a false name or by means of any other person's email address. Users may not store files outside of their designated directories. Users are strictly prohibited from any activity that compromises the security of HOL's facilities. Users may not run IRC "bots" or any other scripts or programs not provided by HOL. Users are responsible for knowing and following acceptable Internet use policies. Dial-up connections may be dropped for inactivity or excessive duration, but can be immediately re-established. HOL reserves the right to refuse service to anyone, with or without cause. If Customer is a merchant, an Internet Service Provider, or any business providing access to end-users, Customer shall be responsible for its end-users who use the services, and shall be required to immediately terminate service to any end-user who violates any provision of this Service Agreement. It is Customer's sole responsibility to inform its end-users of their obligations in using HOL services. HOL may terminate services to Customer if Customer fails to terminate service with its end-user(s) who have violated this Service Agreement after notification by HOL. HOL reserves the right to monitor Customer actions when necessary to help Customer or to protect itself or other users or systems. Any use of HOL services that disturbs the normal use of the system by HOL or by other customers or consumes excessive amounts of memory for long periods of time may result in termination pursuant to paragraph 5 of the Service Agreement. Customer shall not spam. Spamming is defined herein as any instance where a customer or other user of customer's account sends one or more postings, messages, emails, or any other digital or electronic communication to one or more unsolicited recipients. Customer agrees that spamming causes HOL and the recipient to incur unintended extra costs for network services and may violate laws and regulations. Customer shall not cause, release or perpetuate the existence of any virus or similar contaminating or destructive device in any form. HOL is not responsible for Internet content, activity, or availability of specific resources. Some materials may be offensive to some customers. Customer expressly agrees that any use of Customer's account by an individual younger than eighteen (18) years shall be the sole responsibility of Customer. HOL and Customer agree that the terms and conditions of this Acceptable Use Policy are reasonable and necessary for HOL to be able to provide services hereunder and to protect the proper, efficient functioning of the Internet. In all instances, HOL's interpretation of the Acceptable Use Policy terms and conditions shall control. Payment and Billing Customer agrees to the following terms and conditions: Payment - Recurring charges will be invoiced monthly, in advance. Billing for recurring charges shall begin on the date of service activation. Non-recurring charges, if any, will be invoiced prior to initiating Service. HOL reserves the right to conduct credit verification or require a deposit throughout the term of the Service Order. The recurring and non-recurring charges do not include applicable taxes, fees and/or surcharges. Such taxes, fees and/or surcharges will appear on Customer's invoice and will be due in the same manner as all other amounts owed. All amounts owed are due and payable upon receipt of the invoice, regardless of whether or not Customer uses the Service. HOL reserves the right to charge a Late Payment Charge of 1.5%, or the highest rate allowed by law, on all past due amounts. Past due amounts are those amounts not paid within twenty (20) calendar days of the invoice date, unless otherwise provided by state law. If Customer suspects an error in the invoice, Customer must notify HOL within forty-five (45) days of the invoice date, unless otherwise permitted by state law. Credits - A credit allowance may be made when a service interruption occurs because of a failure of any facilities, equipment or personnel furnished by HOL, subject to the following conditions. A service interruption will be deemed to have occurred only where the interruption is not the result of: (i) acts of, or failure to act by, Customer or its agents; (ii) the failure or malfunction of non-HOL equipment or systems, including the negligent acts of other common carriers; or (iii) a service interruption caused by service maintenance, alteration or implementation requested by Customer. In no event shall such credit amount to more that one month’s worth of recurring charge. The foregoing states Customer's sole remedy for service interruption under this Agreement. General - To pay the charges that appear on your credit card, direct debit account, or invoice based on the pricing plan you have selected within the payment terms of the company. To pay all surcharges for usage-based services such as, but not limited to nationwide 800 dial-up access, web site traffic surcharges (if any), disk space surcharges (if any), or any other surcharged service. That the monthly service fee is billed monthly in advance regardless of usage. That the service fees are not refundable. To pay all fees regardless of our ability to bill and/or collect. To give us 30 days notice of cancellation from your next statement date either in writing or by calling the number on your billing statement, during business hours. That if you were offered a trial period, you will notify us in writing or by calling our sales department during business hours at least 24 hours prior to the end of the trial period if you do not wish to continue service. To notify us within 60 days of any billing discrepancy and agree to be responsible for all billed fees if you fail to notify us within 60 days that a discrepancy exists. Additional Billing Information - To obtain billing information on your account, please call the number on your billing statement or write:      HOL Hawaii Online, Inc.      Attn: HOL Billing      737 Bishop St. Suite 1900      Honolulu, HI 96813      Additional charges may apply to your account:      NSF or returned check charge: $25      Late Fee: 1.5% ADDITIONAL SERVICE NOTES : Website Hosting, Storage and Data Transfer - Web hosting, storage and data transfer (web traffic), or any related service is provided according to the rates published on the applicable website (www.aloha.net, mahiai.aloha.net). HOL shall not be responsible for maintenance of any content, which shall be provided and maintained solely by Customer. HOL reserves the right to disable and/or cancel any website at its sole discretion.      HOL will provide web hosting services to Customer. Customer agrees that, except for information, products, services or information clearly identified as being supplied by HOL, HOL does not supply, control or endorse any products, services or information that may be offered on the Internet or accessed using the services purchased under this Agreement in any way. HOL assumes no liability for any products or services that may be purchased or sold by means of the services provided hereunder or for any information that may be contained in the websites on which such products or services may be offered. Any questions, comments or complaints regarding any products or services that are purchased by means of the services provided hereunder should be directed to Customer as the seller of the product or service, and not to HOL. Customer agrees to inform HOL promptly if there is any change in the information which Customer provides to HOL, including change of address and any credit, debit, or charge card numbers and expiration dates. Customer shall remain responsible for any unauthorized use of the services occurring on Customer's account. Customer shall remain responsible for the security of all accounts of its customers, including, without limitation, credit card, financial, and related information. HOL advises Customer to secure its computer equipment and access its account so that only authorized users can gain access to its account. Customer agrees to pay any and all charges incurred by Customer or its clients for any purchase or sale made through use of the services and all applicable taxes relating to the use of services by Customer and its clients. Customer authorizes HOL to charge any amounts due from or to Customer in connection with purchases or sales to the registered credit card identified by Customer at the time such purchase or sale is ordered, subject to the terms and conditions of the agreement between Customer and the credit card issuer.  Customer's right to use the services provided hereunder is subject to any limits established by Customer's credit card issuer. Customer understands that HOL does not guarantee or warrant in any way any products and services that may be purchased from third parties using service provided hereunder, or that files available for downloading will be free from infective viruses, worms, Trojan horses or other code containing contaminating and destructive properties.  Customer is responsible for implementing sufficient procedures and checkpoints to satisfy its particular requirements for accuracy of data input and output, and for maintaining a means external to the services provided hereunder for the reconstruction of any lost data. Customer understands and agrees that HOL is providing only a mechanism by which credit cards are processed, and does not actually process credit card transactions. Domain Name Hosting and Services- HOL may assist, when requested by Customer, in registering a domain name with a recognized domain name registrar (such as Network Solutions, Inc. or other official registrar) but in no event will HOL actually register a domain name in behalf of Customer. Customer understands and agrees that HOL is not responsible for the availability (current or future) of any domain name, and that any fees for establishing and maintaining domain name registration will be billed directly to the customer by the domain name agency (Network Solutions, Inc. or other official domain registrar). It is Customer's sole responsibility to pay all fees relating to the registration and maintenance of domain names and to maintain records of the expiration of domain name registration. Customer further agrees to be bound by the terms and conditions of the domain name registration agency. HOL will host a Customer's domain name on its nameservers and provide normal dns services for web hosting and mail services in accordance with the product definition and pricing information found at http://www.aloha.net and http://mahiai.aloha.net. In no event will DNS be provided to link a domain name to a personal website on aloha.net.