“Aloha Broadband” agrees to provide you (“User”) with those services (“Service”) set forth on the Application subject to User’s compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
A. CUSTOMER PREMISES EQUIPMENT
1. All the Equipment ordered and deployed at the Customer’s premises under this Agreement shall remain the property of Aloha Broadband.
2. Customer agrees and understands that it shall be responsible for ensuring that it operates the Equipment within the parameters of the manufacturer’s specifications, and that the availability of the Services are dependent upon the Equipment. Especially customer agrees to protect the Equipment with at least the adequate surge protector to prevent the damage from adversary power conditions. Under no circumstances shall Aloha Broadband will be held responsible and/or replace defective Equipment due to the damages caused by inadequate protection against the adversary power conditions.
3. Equipment type and configuration to be used shall be determined solely by Aloha Broadband. Aloha Broadband may choose at its sole discretion to provide software or hardware upgrades.
4. In the event of the Service Termination, Customer agrees to return the Equipment in its original state within 7 business days to Aloha Broadband via insured carrier or by requesting the Equipment be picked up from the Customer’s premises.
5. Negligence to return the Equipment which is the property of Aloha Broadband will result in default and Customer will be invoiced for the full amount of the Equipment Replacement Value.
6. The terms of the Equipment use are subject to changes and amendments at Aloha Broadband’s sole discretion.
7. Service is provided on a per dwelling basis. Any resale or distribution of services beyond the limits of the customer dwelling by any means is monitored and strictly forbidden.
Violation of this clause is grounds for immediate service termination.
8. Customer can not move equipment from its assigned location, either to a new location on the property, or to a new property. Equipment must be moved by an Aloha Broadband contractor or employee. Violation of this clause is grounds for immediate service termination.
9. If Customer wishes to place their account in “vacation” status, a credit card is required. Internet Access will be suspended and an antenna hold fee of $5 will be charged each month the customer is in “vacation” status. Failure to pay the $5 fee will result in Aloha Broadband recovering the Customer Premise Equipment. A $75 fee is required if service is requested again after equipment has been recovered.
10. Aloha Broadband reserves the right to suspend or terminate customer’s Service for Abusive or slanderous actions towards staff or resources, or for any other reason at its discretion and without notice. Aloha Broadband reserves the right to define what constitutes abusive actions towards staff or resources.
1. All accounts must have a credit care on file and will be charged automatically on the first of the month. Exceptions can be made by our Customer Service Manager.
2. Customer agrees to purchase the Services described herein on the month to month basis
3. All charges due under this Agreement must be paid by the Due Date set forth in the invoice.
4. A reactivation fee of $20 will be charged for all accounts that are past due 50 days. Payments are due on the first day of the current month of service.
5. Account is considered to be in default if the payment has not been received for 20 days or more from the due date stated on the invoice. Suspension of Services will occur after 20 days past due.
6. Accounts 60 or more days past due will be deemed abandoned and subject to termination of service.
If any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, then the validity and enforceability of the remaining portions thereof will not be affected thereby and effect will be given to the intent manifested by the provision or portions thereof, and will be held to be enforceable and valid.
D. THE INTERNET
1. Please be aware that Aloha Broadband is a provider that allows access to the Internet, but is not the Internet. Aloha Broadband does not control the content, services, or areas available through the Internet (with minor exceptions, such as the Aloha Broadband website), and providers of Internet sites or services have separate data and privacy practices independent of Aloha Broadband.
2. The Internet is not owned, operated, or managed by Aloha Broadband or any of its affiliates. You agree that your Internet use is solely at your own risk and is subject to all applicable local, state, national, International and foreign laws and regulations. Neither Aloha Broadband, nor its affiliates, shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available through the Internet, or your inability to access the Internet or any of its sites.
1. Member expressly agrees that use of Aloha Broadband, Aloha Broadband software and the Internet are at member’s sole risk. Aloha Broadband, Aloha Broadband software, and the Internet are provided “as is” and “as available” for your personal use, without warranties of any kind, either expressed or implied, unless such warranties are legally incapable of exclusion. Aloha Broadband provides the Aloha Broadband service on a commercially reasonable basis and does not guarantee that members will be able to access the service at a time or location of their choosing. Aloha Broadband’s entire liability and your exclusive remedy with respect to use of Aloha Broadband, Aloha Broadband software, and the Internet shall be the replacement of any Aloha Broadband software found to be defective. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Aloha Broadband’s liability shall be limited to the extent permitted by law. Aloha Broadband does not endorse, warrant or guarantee any product or service offered through Aloha Broadband, except as expressly provided elsewhere, and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
2. Spamming is strictly prohibited. “Spamming” is sending unsolicited email – whether “mass” or ostensibly targeted – to people who have not asked for such email. Spam is also posting a single cross-post to many newsgroups, or many individual posts to multiple newsgroups that are not related to the topic of your article, or where doing so is in violation of a group’s charter or common use. Posting identical or nearly identical Usenet posts on a regular (daily, weekly) basis – with the exception of FAQ’s and other informational content posts – is similarly prohibited. Spam sent via other networks, but referencing email addresses or websites at Aloha Broadband is similarly prohibited. You may not use Aloha Broadband as a drop off address for replies to Spam mail or Spam posts sent from other networks. We encourage the appropriate use of email and newsgroups, and we do not censor for content.
F. VIOLATIONS OF ALOHA BROADBAND’S ACCEPTABLE USE POLICY
The following is a non-exclusive list of actions prohibited by Aloha Broadband, and discussed in further detail following this Section:
Using the Services for any activity that violates any local, state, federal or International law, order or regulation.
Using the Services to make available, to the general public, any material (by email, publishing, uploading, posting or otherwise) which is inappropriate, profane, obscene, indecent, pornographic, libelous, harassing, constitutes a threat or encourages bodily harm or destruction of property, or otherwise unlawful.
Using the Services to make fraudulent offers to buy or sell products, items, or services or to advance any type of financial/soliciting scams including, but not limited to: “pyramid schemes,” “Ponzi schemes,” “mail bombing,” and “chain letters.”
Using the Services to transmit, distribute, store or access any material (by email, publishing, uploading, posting or otherwise) that infringes copyright, trademark, patent, trade secret or other proprietary rights of any third party. You assume all risks regarding the determination of whether material is in the public domain.
Any fraudulent activities including impersonating any person or entity or forging anyone else’s digital or manual signature.
Disrupting or interfering with the Services in any way, including through the uploading of files which contain viruses, worms, “Trojan horses,” or other software or programs that may be damaging to the Services or another user’s computer.
Using the Services to transmit, or to facilitate the transmission of any unsolicited commercial email or unsolicited bulk email.
Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Aloha Broadband’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Reselling the Services without Aloha Broadband’s authorization.
Using the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet.
Using “residential” or “home” Services for high volume or commercial use. Residential and Home Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Subscribers may stay connected so long as they are actively using that connection for the above purposes, and Aloha Broadband maintains the right to terminate any Subscriber’s connection or email account(s) following any extended period of inactivity as determined by Aloha Broadband.
Using the service to provide a live camera feed that uploads to an offsite server 24 hours a day is not allowed.
Using the Services for excessive posting or cross-posting of the same or substantially similar messages, or binary files to newsgroups not specifically named for that purpose, or flooding or disruption of Usenet newsgroups. Using the Services to perform chat “flooding”, using the Services to connect to chat servers or channels from which they have been previously banned, or forging, altering, or obscuring your identity while participating in chat sessions.
Using the Services for excessive downloading from Torrents and other P2P software can result in our discontinuing the Services. If your connections to the internet go beyond 50 at one time, we have reserve the right to terminate the connection. We reserve the right to determine what excessive use means.
Abusing Aloha Broadband staff, including swearing, insulting, threatening, etc..
Aloha Broadband reserves the right to terminate service at any time.
G. REFERRAL PROGRAM
The referral program is non-transferable and the credit can only be used by the person referring. The referral credit can not be exchanged for cash. If you cancel service before using your referral credit, the referral credit will not be transferred or saved.The NEW customer must mention your name as the referrer in order to qualify for the credit.