Maui Global Communications, Corp.
IMPORTANT NOTICE TO MAUI NET CUSTOMERS
Acceptable Use Policy & User Agreement
This Agreement is made between Maui Global Communications, Corp. ('Maui Net') and the Customer that has subscribed to the Maui Net Internet Services. Maui Net is pleased to provide the services and facilities set forth hereunder on the terms and conditions contained herein and in any exhibits or attachments hereto. Customer and any persons using any services or facilities provided by Maui Net hereunder accepts the terms and conditions contained in this Internet Services Agreement ('the Agreement').
1. SERVICE AND FACILITIES: Maui Net agrees to provide, and Customer and users under the Customer (hereinafter the 'Customer') agrees to receive, access to the Maui Net network, including but not limited to, the Internet, DSL, Email, Web Hosting or Dial-up service, according to the terms and conditions of this Agreement.
2. PRICE: Customer agrees to pay Maui Net all charges relating to the use of Customer's accounts according to rates and prices stated on said fee schedule at the time of commencement,. Maui Net will charge a $20.00 service fee (plus applicable taxes) for any Customer logon name changes made after service is initiated. All prices are subject to Hawaii State General Excise Tax (GET).
3. PAYMENT: Customer shall be invoiced and billed according to the billing plan selected. Payment will be deemed made when received by Maui Net.
3.1 If the customer has chosen the credit card payment plan to have a credit card charged for usage fees, Maui Net reserves the right to charge the credit card when services fees are due.
3.2 When paying by check, Customer expressly authorizes Maui Net to debit Customer's account for the amount of a check returned unpaid by Customer's bank, plus a $20 returned check fee.
3.3 Payment made with any restrictive writing will be processed without Maui Net losing any rights under this Agreement. No payment made with any restrictive language, including but not limited to "paid in full" shall operate as an accord and satisfaction without the prior written approval of Maui Net's Accounting Manager.
4. TERM: The Agreement shall become effective on the date activated by Customer by payment of Maui Net's fees, and shall remain in effect until Maui Net receives a written, or on-line cancellation notice, or until terminated by Maui Net. Maui Net reserves the right to refuse service to anyone. Further, Maui Net may terminate this agreement at any time, for any reason, subject to five days advance written notice delivered via e-mail.
5. LIMITATIONS OF LIABILITY; CREDIT:
5.1 GENERALLY. After Service is initiated, there will be no credits or reductions against the charges for Service for downtime or interruption of Service. Maui Net service is provided on an 'as is, as available' basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to service provided by Maui Net or any information or software therein. This includes but is not limited to any reimbursement for losses of income due to disruption of service by Maui Net or its providers. All Customer accounts are subject to events of beyond the control of Maui Net, for which customer agrees Maui Net shall have no legal liability. Even when Customer is in compliance with all of the terms and conditions of this Agreement, Service may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Service. The temporary unavailability of the Service shall not constitute ground for any claim by Customer against Maui Net, and Customer waives any and all such claims.
5.1 NON LIABILITY & INDEMNITY: Maui Net is not responsible for any damages arising from Customer's use of Maui Net or by Customer's inability to use Service, including but not limited to any consequential, special or similar damages, even if Maui Net has been advised of the possibility of such damages. Customer acknowledges and agrees that the liability of Maui Net, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Service, shall not exceed the fees actually paid by Customer during any one year period during which Customer subscribed to and paid for the Service.
Customer agrees to indemnify, defend and hold harmless Maui Net, along with any parties from whom Maui Net obtains network services, from, and against any loss, cost, claim, liability, damage, or expense, (including reasonable attorneys' fees) to any third party which in any way relates to or arises out of the use of the Service by Customer, it agents, employees, and independent contractors, whether or not Customer has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Customer has used, connected, or combined the Service with the products or services of others).
6. CUSTOMER RESPONSIBILITY: Customer shall ensure that all parties using its account shall comply with the terms and conditions of this Agreement, the Internet protocol and the Maui Net protocol. For reference, Maui Net's Acceptable Use Policy may be found at http://www.terms.maui.net.
7. COMMERCIAL USE: Use of Maui Net for advertising, promoting or selling a commercial product or service without a Maui Net Business Account is prohibited without prior written approval of Maui Net. Taking credit card orders requires the Secure Forms Service in addition to a Maui Net Business Account. Reselling of web space on the Maui Net server is restricted to Hosting Reseller Accounts only. All other reselling of web space on the Maui Net server is prohibited without prior written approval of Maui Net.
8. Customer is responsible for all usage of Customer's account(s) and confidentiality of password(s). Maui Net will suspend access or change access to Customer's account(s) immediately upon notification by Customer that the password may have been lost, stolen, or otherwise compromised.
9. Customer is responsible for all local and long distance telephone charges incurred by connecting to Maui Net.
10. Monthly dues must be paid on a timely basis to maintain Customer's membership privileges. Monthly dues charges will continue regardless of use or nonuse until Customer cancels the account by notifying Maui Net in writing 30 days in advance. Customers may cancel at any time with the 30 day written notice, unless bound by a specific term or Agreement. Payments more than 30 days late will be assessed a $5.00 late payment fee and/or result in suspended services. Accounts suspended for non-payment may be assessed an additional reactivation charge. In the event of cancellation of service, Customer is responsible for the full current month's charges unless Maui Net receives a cancellation notice 30 days prior to the next billing cycle. Cancellation notice must be signed by the original subscriber of the account and may be submitted by U.S. mail or emailed to accounting@maui.net. On-line cancellations may be made at http://close.maui.net.
11. Maui Net reserves the right to change prices upon 30 days notice published online. Maui Net may modify these terms and conditions upon notice published online via Maui Net. Customer's use of Maui Net services after such notice shall constitute Customer's acceptance of the modifications to this Agreement.
12. USE OF SERVICE: Customer and users of Customer's account agree to abide by and comply with the following:
12.1 MISUSE OF SERVICE: Service may only be used for lawful purposes. The use of the Service for illegal activities of any kind will result in termination of the account. It is the responsibility of the Customer to be aware of both U.S. and state regulations concerning:
12.1 (a) Unauthorized use of equipment, software, or processes used in connection with furnishing the Service.
12.1 (b) Impersonation of another person with fraudulent or malicious intent.
12.1 (c) The use of copyrighted material, material that is threatening or obscene, or material protected by trade secret.
12.1 (d) In the event that this account is not used in accordance with all applicable laws, Maui Net reserves the right to cooperate with any and all law enforcement agencies.
12.2 E-MAIL: Sending harassing or mass unsolicited email (commonly referred to as 'UCE' or 'Spam') is prohibited. Forging header information in e-mail is prohibited. Use of telecommunications messaging programs or software designed for mass spamming or storage of such programs on Maui Net's servers is prohibited. Impersonating other users by forging one's email address is prohibited.
12.3 INTERNET RELAY CHAT: Use of IRC 'bots' or storing them on Maui Net's servers is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited.
12.4 WORLD WIDE WEB: Pages containing pornography or nude images may not be stored on Maui Net's web servers. Any other adult-oriented material should have warning and disclaimer pages, if not password protection. Use of text or images created by others without their permission is copyright infringement and is prohibited.
12.4 (a) For information about charges which may apply to high-traffic web sites, see Maui Net's information about setting up home pages. Sites which receive extremely high traffic may, at Maui Net's sole discretion, be required to move from the Customer web server to another Maui Net web server.
12.5 PUBLIC SITES: Use of Maui Net's servers for advertising purposes requires a Maui Net Business account. Reselling space is restricted to Hosting Reseller Accounts only. All other reselling of space is prohibited. Files containing pornography or nude images may not be stored on Maui Net's servers. Using Maui Net's servers for the exchange of pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited.
12.6 STORAGE/TRANSFERRING OF FILES: Storing, transferring, or allowing to be transferred (this includes FTP and the Web) any internal Maui Net file that is not located in the Customer's own directory structure and owned by the Customer is prohibited. This includes, but is not limited to, sending via FTP, allowing outside access to, mailing, or otherwise giving access to any file that is not owned by the Customer.
12.7 HACKING/CRACKING SOFTWARE, UTILITIES, OR FILES: Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.
13. CAUSES FOR ACCOUNT TERMINATION. Violation of any of the provisions of this section may, IN MAUI NETS SOLE DISCRETION, result in termination of Customer's account.
13.1 FAILURE TO OBEY RULES AND REGULATIONS: Any Customer covered by this Agreement fails to obey any present or future Maui Net rule or regulation.
13.2 LATE PAYMENTS: Maui Net does not receive a monthly payment on or before its due date.
13.3 FALSE STATEMENTS: Any material statement by the Customer in this Agreement is false.
13.4 NON-PAYMENT OF FUNDS: Failure to use this account(s) does not relieve the Customer of payment obligations, except as specifically provided in this Agreement.
13.5 DEFAULT ON THIS AGREEMENT: In the event the Customer defaults on this Agreement, Maui Net may suspend or revoke the Customer's membership privileges and the Customer may have to reapply for membership at the price Maui Net is charging to new members. The Customer agrees to pay Maui Net's reasonable attorneys' fees and court costs, where permitted, in collecting the amount remaining in the Customer's contract as stated in the sales order.
13.5 (a) MAUI NET, AT ITS SOLE DISCRETION, MAY TERMINATE THIS AGREEMENT IMMEDIATELY, OR SUSPEND CUSTOMER'S ACCESS TO THE SERVICE UPON ANY BREACH OF THIS AGREEMENT BY CUSTOMER, INCLUDING, BUT NOT LIMITED TO, REFUSAL, OR FAILURE TO PAY FOR SERVICES PROVIDED,
OR BY SOLE JUDGEMENT OF MAUI NET THAT CUSTOMER MAY BE PERFORMING ACTIVITIES HARMFUL TO MAUI NET OR ITS USERS, EMPLOYEES, VENDORS, BUSINESS RELATIONSHIPS, OR ANY OTHER USERS OF THE INTERNET.
14. MISCELLANEOUS: This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Hawaii. Non-enforcement of any section of this Agreement does not constitute waiver or consent and Maui Net reserves the right to enforce this Agreement at its sole discretion. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Customer's and Maui Net's Agreement on all other paragraphs shall remain valid.
14.1 Maui Net reserves the right to change, without notice, the Service, including, but not limited to, access, procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
14.2 Maui Net reserves the right in its sole discretion to delete any information entered into Maui Net by Customer. Maui Net and its authorized representatives shall have the right, but shall not be obligated, to remove publicly viewable information.
14.3 Customer hereby warrants and agrees that any material submitted for publication on Maui Net through Customer's accounts does not violate or infringe on any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on Maui Net.
14.4 Maui Net may assign this Agreement, its rights here under and its ownership of said service and commitment at anytime without notice
14.5 Maui Net reserves the right to terminate or change priority of any process started by said Customer.
14.6 Maui Net is not responsible for Customer's personal files residing on Maui Net. Customer is responsible for independent backup of Customer's data stored on Maui Net.
14.7 Maui Net reserves the right to delete Customer's personal files after one or both parties terminates this Agreement.
14.8 Maui Net reserves the right to terminate this agreement, and the Service to any Customer at any time, for any reason, subject to five days advance written notice delivered via e-mail.
