Hawaii Broadband Full Service Agreement
Aloha,
This agreement is intended to protect the interests of Hawaii Broadband and it's ability to provide high quality service to it's customers.
Our objective is to give you Great Service. If any part below seems unclear or too restrictive for your desired use of Hawaii Broadband services,
please ask for clarification.
Definitions
"Customer" means the person(s) who requested,
the person(s) who received, and the person(s) who benefited from the materials and services delivered (jointly and severally).
Services Provided
Internet service must never be used in a manner such that failure of the service could result in injury, death, or other serious loss.
911 emergency services cannot be reliably called using internet telephone services.
The service provided is significantly and principally broadband internet access. No warranty is given or implied regarding suitability of services for Customer's use.
Service is provided on a best effort basis. No warranty is given or implied regarding reliability, continuity, or level of service. If service is judged to be unacceptable or unusable, Customer's sole recourse is to discontinue use of Hawaii Broadband services.
The full installation price will be refunded in any case where Hawaii Broadband does not complete installation and demonstrate satisfactory performance within 30 days of the proposed completion date.
Monthly Service Charges Apply
Recurring monthly service charges apply to service access, and rates vary by geographic location, and level of service. Recurring service charges will be invoiced in advance. To avoid service disconnection all recurring service charges must be fully paid in advance of the service period. Service reconnection is subject to a $50 reconnect fee. Recurring monthly service charges are not refundable.
Customer acknowledges that services, data, content, specifications, programming and their availability, taxes, fees and rates are subject to change without notice.
Hawaii Broadband reserves the right to designate and change bandwidth allotments in real time, and cumulative allowable totals.
Installation Charges
One-time installation, configuration, and connection charges vary by geographic location, level of service, and other factors. These charges are non-refundable and payable in advance of service. Unless otherwise specifically noted on the invoice, these charges are for labor only, and do not represent the sale of equipment to Customer.
Customer Owned Equipment
Hawaii Broadband shall not be responsible for the installation, operation, or maintenance of equipment, cabling, and software not provided by
Hawaii Broadband.
Company Provided Equipment
1. Company Provided Equipment ("CPE") shall mean equipment, hardware, or software that is provided by Hawaii Broadband
to be located within or under Customer's control. CPE does not include cabling and connectors permanently installed in or on Customer's location.
2. Unless specifically noted otherwise, Hawaii Broadband shall retain ownership of CPE.
3. Hawaii Broadband is responsible for maintaining and operating CPE unless otherwise expressly provided under this Agreement.
4. Customer is responsible for providing power for proper operation of CPE.
5. Customer shall not make any addition, alteration, or attachment to the CPE without prior written consent from Hawaii Broadband.
6. The CPE shall not be removed from the installed location without written consent from Hawaii Broadband.
7. Customer will notify Hawaii Broadband of any change in operating conditions which may adversely affect CPE.
8. Customer shall protect Hawaii Broadband's title and keep the CPE free from all claims, liens, encumbrances, and legal processes.
9. Customer shall notify Hawaii Broadband of any claims, liens, encumbrances or legal processes with respect to the CPE.
10. Customer is specifically not responsible for loss, damage, or diminished value of CPE due to normal use, defective product,
improper installation, or storm damage.
11. Customer shall promptly return all CPE to Hawaii Broadband and/or promptly provide Hawaii Broadband with reasonable access
to Customer's facilities in order to recover the CPE immediately upon termination of this Agreement.
12. Customer agrees to immediately pay Hawaii Broadband the replacement cost of any and all CPE not immediately returned
in good condition upon termination of this Agreement.
Limitations of Internet Service
Customer understands that the Internet is not owned, operated, managed by or in any way affiliated with Hawaii Broadband and that all content,
services, information and other materials that may be offered, made available, or are accessible on the Internet are offered,
made available, or are accessible solely by third parties who are not affiliated with Hawaii Broadband or its affiliates.
Use of the Internet by Customer is solely at the Customer's own risk and is subject to all applicable Laws.
Hawaii Broadband does not warrant that the services will be uninterrupted or error-free, or that any information, software, or other material that may be accessible via the services, is free of viruses, disabling code, worms, or any other harmful components.
Customers are solely responsible for their own security and privacy. Internet communications are inherently insecure. You should assume that someone, somewhere is monitoring what you do on the internet.
Without limiting anything contained herein, Customer further understands that the Internet contains
materials which may be sexually explicit or offensive to some people and that Customer's access to such materials are at Customer's own risk.
Hawaii Broadband has no control over and accepts no responsibility of any kind for such materials.
In using Hawaii Broadband provided services, Customer agrees that Customer will comply with the latest Hawaii Broadband "Acceptable Use Policy",
which is available at; www.hibroad.com/terms
Immediately upon discovery or notice from Hawaii Broadband of violation of the "Acceptable Use Policy", Customer shall promptly cause to be stopped any violation originating from equipment under Customer's control.
Restriction, suspension and/or termination of service may result from violations of the Hawaii Broadband "Acceptable Use Policy" at the sole discretion of Hawaii Broadband.
Customer also acknowledges and agrees that Hawaii Broadband reserves all rights and property interest in the IP addresses
that may be assigned to Customer under this Agreement. Static IP addresses are subject to reassignment from time to time
at the sole discretion of Hawaii Broadband.
Service Availability
Service availability generally requires that you have an adequate 'radio path' to the serving access point. Changes in weather, vegetation densities or other obstructions may interfere with this path.
Various factors beyond the control of Hawaii Broadband may temporarily or permanently discontinue service at any time.
Termination
Subscriber may terminate services by giving written request to Hawaii Broadband. Neither installation fees nor monthly fees are refundable.
Hawaii Broadband reserves the right to decline to provide services to any Customer, and to terminate services to any customer for any reason.
Miscellaneous
This Agreement does not establish a license for either party to use the other's names,
logos, trademarks, service marks, brands or any other proprietary rights.
Failure by Hawaii Broadband to insist upon strict compliance with any of the terms
of this Agreement in any instance shall not be construed as a waiver of such terms in the future.
If any provisions of this Agreement shall be hold to be invalid, illegal or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby,
and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
This Agreement shall be interpreted in accordance with the laws of the State of Hawaii.
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