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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
- DSL Service
- The following terms and conditions apply to DSL Service:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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