Table of Contents:
Terms & Conditions
Acceptable Use Policy
Payment & Billing
Additional provisions for specific products/services
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.
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.
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.
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.
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.
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.
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.
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.
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
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.