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Terms & Conditions

Table of Contents:

Terms & Conditions
General
Acceptable Use Policy
Payment & Billing
Additional provisions for specific products/services
Internet Usage

General
  1. Assignment - Neither party may assign this Agreement without the written consent of the other party, except that HOL may assign its rights and/or obligations: (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.
  2. Confidentiality - Each party agrees to maintain in strict confidence all plans, designs, drawings, trade secrets, and other proprietary information of the 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 the prior written consent of the other party.
  3. Disclaimer - 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.
  4. Limitation of Liability - 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 UNDER 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 CHARGE FOR ONE MONTH OF SERVICE.
  5. Indemnification - 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.
  6. Governing Law - 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, except as to claims properly brought before the FCC or a state regulatory authority.
  7. Severability - If any provision of this Agreement is held by a court or other governmental entity to be invalid, void, or unenforceable, the remainder of this Agreement nevertheless shall remain unimpaired and in effect.
  8. Entire Agreement - This Agreement sets forth the full agreement of the parties with respect to the subject matter of this Agreement, and supersedes any prior agreement or understanding.
  9. Notice - 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
  10. 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 the 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 has no responsibility to replace or refund the license fee or purchase price of media damaged by accident, abuse, or misapplication.
 
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