Service Agreement
Terms & Conditions

Services

Internet Access. Hawaii Pacific Networks, Inc. provides access to the Internet via T-1 connections to GST and GTE. Hawaii Pacific Networks, Inc., makes no warranty, express or implied, as to the reliability or performance of GST or GTE and their Internet backbone connection services. From time to time a failure of service may occur at any point within the Internet Network, either at Hawaii Pacific Networks, Inc.'s control center or at a GST, GTE, or other Internet Network hub. Hawaii Pacific Networks, Inc., while attempting at all times to minimize interruptions to service and downtime, makes no warranty, express or implied, of uninterrupted service, or of specific throughput and bandwidth. Hawaii Pacific Networks, Inc. makes no warranty, express or implied, as to a CIR for dial up subscribers.

Acceptable Use Policy

Customer shall not misuse or abuse the service or the Internet in any way or conduct any illegal or inappropriate activities such as spamming, harassment, hacking violation of intellectual property rights laws, libel laws, slander laws, obscenity laws, pornography laws, invasion of privacy laws, indecency laws, inter-state commerce laws, nor operate his/her site in an unlawful manner nor in any way in violation of the laws of the State of Hawaii or the Federal Government of the United States. Customer's account may be terminated immediately without notice by Hawaii Pacific Networks, Inc. if such violations are detected. Customer is solely responsible for any works of any kind that Customer posts or transmits using any Hawaii Pacific Networks, Inc. services. Customer is responsible for the use of and obtaining permission to use copyrighted or otherwise protected material.

Customer agrees to provide his/her actual legal name when subscribing to a Hawaii Pacific Networks, Inc. service. Customer agrees that he/she may not establish anonymous accounts, nor transmit any form of data under a false name or by means of another person's e-mail address. Users may not store files outside of their designated directories. Users are prohibited from any activity that compromises the security of Hawaii Pacific Networks, Inc.. Users may not run IRC "bots" or any other scripts or programs not provided by Hawaii Pacific Networks, Inc. or Hawaii Pacific Networks, Inc.'s upstream providers.

Hawaii Pacific Networks, Inc. reserves the right to refuse service to anyone, with or without cause. Hawaii Pacific Networks, Inc. reserves the right to terminate service to any person or entity that violates the USE POLICY stated herein. Hawaii Pacific Networks, Inc. reserves the right to monitor Customer actions when necessary to help Customer or to protect itself or other users or systems. Any use of Hawaii Pacific Networks, Inc.'s services that disturbs the normal use of the Internet or other Hawaii Pacific Networks, Inc.'s systems by Hawaii Pacific Networks, Inc. or its customers or consumes excessive amounts of memory for long periods of time may result in Customer being temporally disconnected.

Customer shall not spam. Customer shall not cause to be released or transmit in any way any software or hardware virus or similar contaminating or destructive device in any form.

Hawaii Pacific Networks, Inc. is not responsible for the content of the Internet outside of those websites directly under the control of Hawaii Pacific Networks, Inc.. There may be materials on the Internet that may be offensive to some customers. The responsibility to monitor websites visited and used by the Customer belongs solely to the Customer. Hawaii Pacific Networks, Inc. makes no warranties nor takes no responsibility for the content of the Internet nor the acceptability of that content to Customer. Customer agrees that any use of Customer's account by an individual less than eighteen years of age shall be the sole responsibility of the Customer.

Customer agrees that Hawaii Pacific Networks, Inc. Acceptable Use Policy is reasonable and agrees to abide by its terms and conditions. Furthermore, Customer agrees that Hawaii Pacific Networks, Inc. may terminate the Service Agreement or any Service Agreement between Hawaii Pacific Networks, Inc. and Customer, or suspend services with prior written notice should the following occur: (1) Customer's failure to pay any amounts as provided in the operative Service Agreement, (b) Customer's breach of any provision of the operative Service Agreement or any law, regulation or provision governing the services provided, (c) any insolvency or bankruptcy, assignment for the benefit of creditors, appointment of a trustee or a receiver or similar event with respect to Customer; or (d) any governmental prohibition or required alteration of Services. Hawaii Pacific Networks, Inc. may terminate or suspend Services without notice, in the event it becomes necessary to protect Hawaii Pacific Networks, Inc.'s network or if Hawaii Pacific Networks, Inc. reasonably determines that Customer is engaged in a fraudulent or illegal use of Hawaii Pacific Networks, Inc.'s services, or is required to do so by legal authority. Any such termination shall not relieve Customer of the obligation to pay any and all charges incurred prior to such termination. Should the Customer terminate a Service Order prior to the expiration of the term of the Service Order, then the Customer is responsible for the remaining monthly recurring charges and any unpaid non-recurring charges.

BILLING

Recurring charges will be invoiced on a monthly cycle, either on the fifteenth of each month or the 1st of each month and shall be billed in advance. Billing for the recurring charges will pro-rated to the 15th of the month or the 1st of the month depending on the date of subscription and service is commenced. Non-recurring charges will be invoiced prior to initiating service. Hawaii Pacific Networks, Inc. reserves the right to verify credit and /or require a deposit equal to one months service charges prior to rendering any services and to hold such deposit through the term of the service contract. Credit allowances will be made at such time as a service interruption occurs because of a failure of any of Hawaii Pacific Networks, Inc. facilities or equipment. Any service interruption that occurs as a result of Telco equipment, Telco systems failure, Telco service failure or other event that is beyond the control of Hawaii Pacific Networks, Inc. shall not result in any credit allowance to customer.

Customer agrees to pay all charges, within the terms of the Service Agreement, that appear on his/her credit card, direct debit account , or invoice based on the service plan Customer has chosen.

Customer agrees to the following:
1. To pay the charges that appear on your credit card, direct debit account, or invoice.
2. To pay all surcharges for usage-based services.
3. That all services fees will be billed monthly in advance regardless of usage.
4. That all one time service fees are not refundable.
5. To give 30 days notice of cancellation from your next billing statement date either in writing or by phone; calling the number on your billing statement during business hours.

Additional billing information:
To obtain billing and account information customer can access his/her account by calling Hawaii Pacific Networks, Inc. at 999-9999, or by e-mailing a request to billing@hawaiipacific.net

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