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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

Additional provisions for specific products/services

  1. DSL Service - The following terms and conditions apply to DSL Service:
    1. HOL DSL Service uses DSL transport services provided by the local Hawaiian Telcom telephone company. Customer will be billed with a single bill by HOL for both the Hawaiian Telcom DSL conditioning and the HOL Internet access. However, Customer is still responsible directly to Hawaiian Telcom for payment of the monthly charges for the basic residential or business telephone line itself. If Customer makes any changes (such as a cancel or move order) through Hawaiian Telcom to the telephone line/number on which the DSL transport is provided, DSL capability will be automatically terminated and cannot be reinstated without a new order.
    2. A business DSL Customer may not resell the DSL Service, use it for high volume purposes, or engage in similar activities that constitute resale (commercial or non-commercial), as determined solely by HOL.
    3. Multiple computers/devices may be connected within a single home or office location to the DSL modem and/or router to access the Service, but only through a single DSL account and a single IP address obtained from HOL.
    4. HOL will provide a suitable DSL modem free of charge if available and requested by Customer, subject to the return policy stipulated in subparagraph viii below. Alternatively, Customer may pay for a DSL modem and not be under any obligation to return such modem upon early termination of service. In addition, Customer is solely responsible for obtaining, installing, configuring, and maintaining all other required hardware and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Service and to operate Customer's computer.
    5. A residential DSL Customer has no static public IP addresses and will depend on the Dynamic Host Control Protocol (DHCP) for its IP addressing needs. A business DSL Customer will receive a minimum of one static public IP address for its system. Business DSL Customers may also purchase the use of additional public IP addresses (in blocks of 5, 13 or 29 only) for an additional monthly fee.
    6. DSL bandwidth is provided on a per-line basis and the speed and bandwidth available to each computer or device connected to the network will vary depending upon the number, types and configuration of devices using the Service and the type of use (e.g., streaming media or downloading large files, etc.), network or Internet congestion, and/or the condition of Customers telephone line and the wiring inside Customers location, among other factors. Use of the DSL Service to host a dedicated or commercial server (such as a mail server or web server) will be at Customer own risk. HOL cannot guarantee any specific bandwidth or throughput in excess of the advertised Committed Information Rate (CIR) for the bandwidth provided, which is a fixed amount governed by the local DSL transport provider.
    7. DSL Service provides only for packet data transport, and specifically does not include any additional Internet services such as mail hosting, SMTP service, web hosting, domain name hosting, DNS services. These additional Internet services may be included within a "DSL package" at full charge, a discounted charge, or no charge for billing purposes, but they are not functionally a part of DSL Service.
    8. If DSL Service is terminated by Customer prior to the end of one year of Service and Customer received a DSL modem at no charge from HOL, Customer will be required to return the DSL modem to HOL. HOL will provide Customer with a pre-paid mailing label and instructions for the return of the DSL modem. Failure to do so will result in an additional equipment charge. This additional charge will be the unamortized value of the modem calculated as follows: original retail cost of the modem plus HOLs cost of shipping it to Customer, divided by 12 months, times 12 minus the number of months already used since inception of DSL Service. DSL modem costs vary but, as an example, if the original cost of the modem was $100 and the HOL shipping cost was $5.00 and the DSL was in service for 7 months, then the additional equipment charge upon early cancellation would be: ($100 + $5) /12 x (12mo - 7mo) = $8.75 x 5 = $43.75.
  2. 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 (http://www.aloha.net, http://mahiai.aloha.net). HOL provides two types of web hosting: (i) personal webpage hosting is provided at no extra charge to every customer who maintains a dialup access account. Storage space is limited to 20 Mb, the URL for this type of web hosting is, by definition, http://www.aloha.net/~username, and there is no linkage of a domain name; (ii) virtual web and email hosting is provided for other customers who require more robust web services. HOL will not be responsible for maintenance of any content, which will be provided and maintained solely by Customer. HOL reserves the right to disable and/or cancel any website at its sole discretion. 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 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 under this Agreement , 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 under this Agreement 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.
  3. Domain Name Hosting and DNS 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 IACC-sanctioned 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 Customer by the domain name agency (Network Solutions, Inc. or other official domain registrar). It is Customers 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 Customers 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, nor to link a second domain name to a page subsidiary to the main index page of a primary domain name.
 
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