Hawaiian Telcom: local, long distance, internet and wireless services for your home

Please accept our High-Speed Internet Terms and Conditions
Residential Dialup and High Speed Internet Access
Terms of Service
WELCOME TO HAWAIIAN TELCOM!
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT
REQUIREMENTS REGARDING YOUR USE OF HAWAIIAN TELCOM'S
RESIDENTIAL SERVICE AND YOUR RELATIONSHIP WITH HAWAIIAN
TELCOM AND ITS THIRD PARTY SUPPLIERS.
READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR RIGHTS AS WELL AS THOSE OF
HAWAIIAN TELCOM.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY
NOT USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE
IMMEDIATELY.
1. These Terms of Service (the "Agreement") are entered into by and between the
subscriber ("you", "your", or "Subscriber") and Hawaiian Telcom Services Company,
Inc. or its affiliate providers as defined in Appendix A of this Agreement ("Hawaiian
Telcom", "us" or "we"). The Agreement sets forth the terms and conditions under which
you agree to use the Service, and under which Hawaiian Telcom agrees to provide the
Service to you.
Acceptance of this Agreement. You are deemed to have accepted this Agreement upon
the earlier of: (a) your submission of an online order; (b) your accepting the Terms of
Service electronically during registration or in the course of installing the Software (see
Paragraph 4) or the Equipment (see Paragraph 2); (c) your use of the Service (see
Paragraph 2); or (d) your retention of the Software or Equipment we provide beyond 30
days following delivery. This Agreement is made up of the terms below, including all
Acceptable Use, Privacy, Civil Subpoena, Newsgroups, Website Use, Email, Alias, Anti-
Spam, Security and other policies as listed in the Appendices to this Agreement and the
other policies and materials specifically referred to in these Terms of Service. The
Agreement and related policies are also set forth on the Hawaiian Telcom Website
located at support.hawaiiantel.net/policies/. You may also receive a hard copy of this
Agreement by writing to us at:
ATTN: Residential Terms of Service Hardcopy Request
Marketing Department
Hawaiian Telcom Services Company, Inc.
PO Box 2200
Honolulu , HI 96841
2. DEFINITION OF SERVICE.
2.1 For purposes of this Agreement the term "Service" shall mean the Hawaiian Telcom
Residential Dialup And High Speed Internet Access service, including all software (as
defined in Paragraph 11 below), equipment, technical support, portal, Domain Name
Service (DNS), Website hosting, newsgroup services, email and other features, products
and services provided by Hawaiian Telcom under the pricing plan applicable to your
Service. The Service does not include voice telephony services over the public switched
telephone network. For purposes of this Agreement, "Equipment" shall mean the modem,
router and/or other equipment provided by Hawaiian Telcom for use with your Service.
The Service may be referred to as Hawaiian Telcom ?Residential Dialup And High Speed
Internet Access?, "DSL", "DSL & Internet Access?, ?High Speed Internet?, ?Ohana?,
?MyOhanaZone?, ?Hi Velocity?, ?Residential Email?, ?Email?, "High Speed Internet
without local service", "High Speed Internet?,? High Speed Internet Access?,
?Broadband?, ?Dialup?, ?Online?, ?Online Consumer DSL?, ?ESG Storm Online?, ?Fast
Packet? and may include? Basic?, ?Plus?, ?Premium?, ?Express?, "Static", ?Dynamic?,
?Internet Email?, "Web Hosting" and/or "Email Service" depending on the specific
services you have selected.
2.2 Changes to Service. We reserve the right to change any of the features, content or
applications offered as part of the Service at any time. Please visit the Hawaiian Telcom
website support.hawaiiantel.net/policies/ for changes to this Terms of Service
Agreement.
3. AUTHORIZED USER, USE, AND RESPONSIBILITIES.
3.1 You acknowledge that you are 18 years of age or older, and you agree that you have
the legal authority to enter into this agreement and affirm that the information you supply
to us is correct and complete. You understand that Hawaiian Telcom relies on the
information you supply and that providing false or incorrect information may result in
Service provisioning or delivery delays or the suspension or termination of your Service.
You agree to promptly notify Hawaiian Telcom whenever your personal or billing
information changes (including for example, your name, address, telephone number, and
credit card number and expiration date).
3.2 We will provide you with or, if available in your area for your chosen Service, you
will choose, a User ID and/or Hawaiian Telcom User Name (collectively, "User ID") and
password for each account purchased to enable you to access the Service. You agree to
protect your User ID and to pay for all activity associated with it.
3.3 You agree that you are responsible for all use on your account, including any
secondary accounts or sub-accounts registered to your primary account. You understand
this means that you accept full liability and responsibility for the actions of anyone who
uses the Service via your account, or any secondary accounts, with or without your
permission. You also agree to use the Dialup Service only in states and countries defined
in paragraph 4 below.
3.4 If you select a pricing plan that includes a predetermined allocation of Services (for
example, 150 hours of Dialup Service), unused allotment of Services from one billing
cycle will not carry over to any other billing cycle. For all usage based pricing, you agree
to pay usage fees as outlined by the dialup usage pricing included in your registration
and/or setup software. Additional usage based pricing policies may be found in Appendix
D of this Agreement.
4. DIALUP ACCESS & HIGH SPEED INTERNET SERVICES.
If you subscribe to Dialup access & global service provider services:
4.1 You agree to comply with the terms of the Hawaiian Telcom?s Dialup Access policies
as found in this paragraph 4. For all dialup services that are priced on usage basis, you
agree to pay the per usage fee as outlined in your pricing agreement at time of signup for
the Service.
4.2 You may not resell the Dialup Service, use it for high volume purposes, or engage in
similar activities that constitute such use (commercial or non-commercial), or use it as a
dedicated line, as determined solely by Hawaiian Telcom. If your account is idle for
fifteen minutes, it will be subject to log-off automatically and without notice. An account
session may be deemed to be idle if there appears to be no interactive, human generated
data received from the remote user's computer system within a prescribed amount of
time. Automated data is not considered interactive or human generated. Automated data
includes but is not limited to data generated by an automatic re-dialer, script or other
program that runs on a computer system for the purpose of avoiding inactivity
disconnects, and the automated checking of email or "pinging" the host to maintain a
constant connection.
4.3 You may only use your account for one log-on session per connection type at a time.
You may not use more than one IP address for each log-on session.
4.4 You may not use the Dialup Service to host any type of server whether personal or
commercial in nature.
4.5 Hawaiian Telcom provides Dialup Service in the 48 contiguous United States ,
Hawaii , Guam and Puerto Rico . Hawaiian Telcom reserves the right to change the
geographical locations supported for Dialup Service customers.
4.6 If you subscribe to High Speed Internet Service:
4.6.1 You may not resell the High Speed Internet Service, use it for high volume
purposes, or engage in similar activities that constitute resale (commercial or noncommercial),
as determined solely by Hawaiian Telcom.
4.6.2 You may connect multiple computers/devices within a single home or office
location to your High Speed Internet Service or High Speed Internet modem and/or router
to access the Service, but only through a single High Speed Internet account and a single
IP address obtained from Hawaiian Telcom.
4.6.3 Where available, High Speed Internet customers may use their Internet accounts to
connect through an analog connection, but these connections will be subject to usage
thresholds and additional per hour and monthly charges, depending on the Service to
which you subscribed.
4.6.4 Additional User IDs provided for High Speed Internet customers email boxes are
not intended for use as Dialup connections. Any usage associated with additional email
box User IDs will be charged the per hour rate associated with usage above the monthly
allotment for analog Dialup Service (where available). The number of mailboxes
available to you depends upon the Service to which you have subscribed.
4.6.5 You may not use the High Speed Internet Service to host any type of server whether
personal or commercial in nature.
4.7 Hawaiian Telcom reserves the right to audit connections electronically to enforce
these or any other provisions of the Agreement.
4.8 Hawaiian Telcom also reserves the right in our sole discretion, with or without notice
to you, to modify or restrict the bandwidth available to download content from our
Usenet Newsgroup services.
5. ACCEPTABLE USE POLICY. You agree to comply with the terms of the
Acceptable Use Policy, which is attached hereto as Appendix B and which also may be
found posted on the Website at support.hawaiiantel.net/policies/.
6. REVISIONS. We may revise the terms and conditions of this Agreement from time to
time (including any of the policies which may be applicable to usage of the Service) by
posting such revisions at the Website at support.hawaiiantel.net/policies/. You agree to
visit these pages periodically to be aware of and review any such revisions. Increases to
the monthly price of the Service (excluding other charges as detailed in Paragraphs
15.1(a)-(d)) shall be effective thirty (30) days after posting; revisions to any other terms
and conditions shall be effective upon posting. By continuing to use the Service after
revisions are in effect, you accept and agree to the revisions and to abide by them. If you
do not agree to the revision(s), you must terminate your Service immediately.
7. ALIASES. Hawaiian Telcom will issue email aliases (alternate email addresses) based
upon availability of the alias selected. If you surrender your alias by changing it, or if
your account is terminated for any reason, Hawaiian Telcom will not reserve that alias for
you or receive or forward emails addressed to that alias. You agree to comply with the
terms of the Email, Alias & Anti-Spam policy, which is attached hereto as Appendix F
and which also may be found posted at support.hawaiiantel.net/policies/.
8. CIVIL SUBPOENA REQUEST POLICY. You agree to comply with the terms of
the Civil Subpoena Request Policy, which is attached hereto as Appendix E and which
also may be found posted on the Website at support.hawaiiantel.net/policies/.
9. SECURITY POLICY. You are responsible for development and maintenance of any
security procedures you deem appropriate, such as logon security and encryption of data,
User ID, alias, and password on your modem and/or router and firewalls, to protect your
information. We are not responsible in the event that any party changes the information
on your account, including without limitation, your alias, User ID, password, or security
information. We are not responsible for backup and restoration of your information. WE
STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF
COMMERCIAL ANTI-VIRUS, FIREWALL & OTHER INTERNET SECURITY
SOFTWARE. You agree to comply with the terms of the Hawaiian Telcom Security
Policy, which is attached hereto as Appendix I and which also may be found posted on
the Website at support.hawaiiantel.net/policies/. Additionally, please visit the Hawaiian
Telcom Customer Security Guidelines page as located at
support.hawaiiantel.net/policies/ for information on ways to further secure yourself
from known security risks.
10. AVAILABILITY OF SERVICE.
10.1 The Service you select may not be available in all areas, may not be available at the
rates, speeds, or bandwidth generally marketed, and some telephone lines may not qualify
for the Service even if initial testing showed that your line was qualified. For High Speed
Internet Access Subscribers, we will provision your qualified line for DSL at the
maximum line rate available to your location based on our standard line qualification
procedures, unless you have selected a level of service with a lower maximum line rate.
All Services are provided on an AS IS basis and throughput speeds, line rate access to
Usenet newgroups and availability of your Service are not guaranteed, (see Paragraph
19). Hawaiian Telcom reserves the right to limit Usenet download speeds.
10.2 Hawaiian Telcom or its suppliers may, at any time, without notice or liability,
restrict the use of the Service or limit its time of availability in order to perform
maintenance activities and to maintain session control.
10.3 Changes to your local voice telephony service. If you change your local telephone
company, or move your local telephone service to a wireless or Internet telephony service
provider, we may in our discretion either terminate your Service or continue to provide
High Speed Internet Access without local service at the then-current rates, terms and
conditions applicable to your new Service arrangement. You agree to pay any higher
monthly fee that may apply to your new Service arrangement. Please see Paragraph
15.1.1 for additional terms relating to price changes. If we elect to terminate your Service
under this Paragraph 10.3, then we reserve the right to charge any early termination fees
that may apply, and you will be required to return any Equipment you received at no
charge from Hawaiian Telcom or an Equipment fee will apply.
11. SOFTWARE LICENSES AND THIRD PARTY SERVICES.
11.1 In connection with our provision of the Service, we may provide to you, via
download, Website Access, CD, other media, or other delivery method, the use of certain
software which are owned by Hawaiian Telcom and/or its third party licensors, providers
and suppliers, and which may be provided free or for a fee, including Website services,
client and/or virus protection software ("Software"). We reserve the right to update,
upgrade or change the Software and related settings on your computer and software
necessary for such update, upgrade, or change from time to time, and you agree to
cooperate in performing such steps as may be necessary to install any updates or
upgrades to the Software. You may use the Software only as part of or for use with the
Service and for no other purpose.
11.2 The Software or website services may be accompanied by an end user license
agreement from Hawaiian Telcom or a third party. Your use of the Software is governed
by the terms of that license agreement and by this Agreement, where applicable. You
may not install or use any Software that is accompanied by or includes an end user
license agreement unless you have first agreed to the terms and conditions of the end user
license agreement.
11.3 With regard to any Software which is not accompanied by an end user license
agreement, you are hereby granted a revocable, non-exclusive, non-transferable license
by Hawaiian Telcom or its third party licensors, providers or suppliers, to use the
Software (and any corrections, updates and upgrades). You may not make any copies of
the Software. You agree that the Software is the confidential information of Hawaiian
Telcom or its third party licensors, providers or suppliers, which you shall not disclose to
others or use except as expressly permitted herein. The Software contains copyrighted
material, trade secrets, patents, and proprietary information owned by Hawaiian Telcom
or its third party licensors, providers, or suppliers. You may not de-compile, reverse
engineer, disassemble, attempt to discover any source code or underlying ideas or
algorithms of the Software, otherwise reduce the Software to a human readable form,
modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce,
sublicense or distribute copies of the Software, or otherwise transfer the Software to any
third party. You may not remove or alter any trademark, trade name, copyright or other
proprietary notices, legends, symbols, or labels appearing on or in copies of the Software.
You are not granted any title or rights of ownership in the Software. You acknowledge
that this license is not a sale of intellectual property and that Hawaiian Telcom or its third
party licensors, providers or suppliers continue to own all right, title and interest,
including but not limited to all copyright, patent, trademark, trade secret, and moral
rights, to the Software and related documentation, as well as any corrections, updates and
upgrades. The Software may be used in the United States only, and any export of the
Software is strictly prohibited.
11.4 We may provide technical assistance and support for the Software in accordance
with our policies. Unless otherwise provided in such policies, Hawaiian Telcom does not
provide technical assistance or support for any third party Software. Technical assistance
or support with regard to third party software provided by the Software supplier is solely
provided in accordance with such third party's policies or other terms of service.
11.5. Your license to use the Software shall remain in full force and effect unless and
until terminated by Hawaiian Telcom , its third party licensors, providers or suppliers, or
until your Service is terminated. Upon termination of your Service for any reason, you
must cease all use of the Software and immediately delete the Software from your
computer.
11.6 Other Third Party Agreements. If you subscribe to or otherwise use any third
party services offered by or through Hawaiian Telcom, your use of any such services is
subject to the terms of services of such third party service provider. You agree to comply
with such provider's terms of service and that the third party provider is solely
responsible for delivery of its service(s) to you and your use of them. Third party services
include, but are not limited to, portal, music, email, web hosting, domain name hosting,
dialup access, newsgroup access, blogware, gaming, storage and photography services
that Hawaiian Telcom may elect to make available from time to time. Violation of such
third party provider's terms of service may, in Hawaiian Telcom?s sole discretion, result
in the termination of your Service. If there is a conflict between the terms of this
Agreement, including all Hawaiian Telcom policies reference herein, and the terms of
service of such a third party provider then the more restrictive or stringent terms will be
enforced.
12. WEBSITE USE, CONTENT & DIGITAL MULTIMEDIA.
Hawaiian Telcom?s website as well as customer?s personal Website Use, Content and
Digital Multimedia Access ("MyOhanaZone?) may be made available to you as an
optional feature of the Service. You agree to comply with the terms of the Hawaiian
Telcom Website Use, Content and Digital Multimedia Policy which is attached hereto as
Appendix H which is located at support.hawaiiantel.net/policies/. In the event of a
breach by you of this Agreement or the terms and conditions applicable to
www.hawaiiantel.net or MyOhanaZone, Hawaiian Telcom reserves the right to
immediately terminate your Website use without notice. Hawaiian Telcom reserves the
right to delete all data, files, and other information stored on or for your MyOhanaZone
site upon termination of your Service for any reason. You understand that we do not
provide telephone technical support for the MyOhanaZone site.
13. EMAIL MESSAGING, ANTI-SPAM & WEBMAIL ACCESS SERVICE.
13.1 Email Service. Use of Hawaiian Telcom?s email service is subject to Hawaiian
Telcom?s email and anti-spam policies, including limitations on the number and/or size
of email that may be sent during a given time period, or the number of recipients of a
particular email. You agree to comply with the terms of the Hawaiian Telcom Email,
WebMail Access, Alias & Anti-Spam Policy, which is attached hereto as Appendix F and
which also may be found posted on the Website at support.hawaiiantel.net/policies/.
14. TERM AND TERMINATION.
14.1 Effective Date and Term.
14.1.1 This Agreement goes into effect upon your acceptance of this Agreement as set
forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph 14, until
terminated by either party as permitted by this Agreement. Billing for your Dialup
Service will automatically begin upon registration of your service. Billing for your High
Speed Internet Service will automatically begin on the date provisioning of your High
Speed Internet is complete and ready for use ("Service Ready Date").
14.1.2 After the end of any Term agreement with us, you may be given the option to enter
into a new annual contract for a new one-year term subject to the terms and conditions for
the annual plan, if any, in effect at that time. If you do not elect to enter into a new annual
plan, your Service will automatically convert to a month-to-month plan at the theneffective
monthly fee.
14.1.3 If you have a twelve (12) month Service commitment and change Service plans,
the balance of your annual term commitment will apply to your new Service plan.
14.2 High Speed Internet Service Money Back Guarantee. Hawaiian Telcom provides
a thirty (30) day money back guarantee as follows:
14.2.1 For High Speed Internet Service, your thirty (30) day money-back guarantee
begins upon your Service Ready Date. During this thirty (30) day period you may cancel
the High Speed Internet Service and receive a full refund of all monthly charges paid as
well as any one-time charges and equipment charges paid to Hawaiian Telcom (provided
you return all Equipment in good working condition.) If you cancel your High Speed
Internet Service prior to your Service Ready Date or within the thirty (30) day moneyback
guarantee period, you will be required to return to Hawaiian Telcom any Equipment
provided to you by Hawaiian Telcom; Hawaiian Telcom will provide you with a pre-paid
mailing label and instructions for the return of your Equipment. In the event you fail to
return the Equipment, an additional charge for the unreturned Equipment will apply.
Early termination fees shall not apply to High Speed Internet Service terminated within
the thirty (30) day money-back guarantee period. The thirty (30) day money-back
guarantee does not apply to customers who change between monthly, annual, bundle or
other pricing plans. The money-back guarantee is limited to one per Subscriber per
Service type per Service address.
14.3 Termination of Service.
14.3.1 High Speed Internet or Dialup Subscribers with Month-to-Month Accounts.
If you are a month-to-month High Speed Internet Service or Dialup Service customer,
either you or Hawaiian Telcom may terminate this Agreement without cause by giving
notice to the other in accordance with the notice provision set forth at Paragraph 21
below. Termination by you will be effective upon your notice to Hawaiian Telcom.
Activation or set-up fees paid at the initiation of your High Speed Internet Service, if any,
are not refundable, except during the thirty (30) day money-back guarantee period.
Additionally, if your Service is terminated for any reason prior to the end of the first year
of service and you received Equipment at no charge from Hawaiian Telcom, you will be
required to return the Equipment to Hawaiian Telcom; failure to do so will result in an
additional equipment charge. We will provide you with a pre-paid mailing label and
instructions for the return of your Equipment. Termination by Hawaiian Telcom shall be
effective thirty (30) days after the date of notice to you, except as otherwise provided in
this Agreement. In the event of termination by Hawaiian Telcom, for any reason, you will
be required to pay the remaining balance of the charges applicable to your Service
through the effective date of termination.
14.3.2 High Speed Internet Subscribers with Annual Service Contracts;
Termination Fee. The term for High Speed Internet Service customers with an annual
service commitment is for twelve (12) consecutive months beginning on: (a) the date you
change your existing High Speed Internet Service plan to an annual Service contract; or
(b) the Service Ready Date, whichever is later, and continuing thereafter on a month-tomonth
basis until terminated by either party as permitted by this Agreement. IN THE
EVENT THAT YOU TERMINATE YOUR HIGH SPEED INTERNET SERVICE
BEFORE COMPLETING TWELVE (12) MONTHS OF SERVICE UNDER YOUR
ANNUAL PLAN, THEN YOU AGREE TO PAY HAWAIIAN TELCOM UPON
DISCONTINUANCE OF THE SERVICE A TERMINATION FEE IN THE AMOUNT
AS SET FORTH IN THE PRICING PLAN YOU HAVE CHOSEN (THE "EARLY
TERMINATION FEE"). In addition to any applicable Early Termination Fees, you will
be required to pay the remaining balance of the charges applicable to your Service
through the effective date of termination. If you terminate Service at your location, your
existing annual plan cannot be carried over to a new Service location.
14.3.3 Termination and/or Suspension by Hawaiian Telcom. If, in the sole discretion
of Hawaiian Telcom: (a) you are in breach of any of the terms of this Agreement
(including but not limited to) all policies regarding abuse and acceptable use of the
service as outlined in Appendix B; (b) your use of the Service is prohibited by law or is
disruptive to, adversely impacts or causes a malfunction to the Service, Hawaiian
Telcom?s network, or the use and enjoyment of other users; (c) Hawaiian Telcom
receives an order from a court to terminate your service; (d) Hawaiian Telcom for any
reason ceases to offer a Service entirely or in a particular geographic area or specific
location; or (e) if you are no longer a Hawaiian Telcom local telephone subscriber as set
for in Paragraph 10.3, then Hawaiian Telcom at its sole election may terminate or
suspend your Service or part of your Service immediately without notice. For termination
in accordance with this Paragraph 14.3.3, you shall be liable for the applicable fees
and/or Equipment charges set forth in Paragraphs 14.3, 14.3.1, or 14.3.2, (depending on
which fees or charges are applicable).
14.4 Terminated Account. Hawaiian Telcom, in its sole discretion, may refuse to accept
your application for Service following a termination or suspension of your use of the
Service. If your Service is terminated for any reason, you agree to pay a reconnection fee
if the Service is reactivated.
14.5 Regulatory Compliance. In the event there is a ruling, regulation, or order issued
by a judicial, legislative or regulatory body that causes Hawaiian Telcom to believe that
this Agreement may be in conflict with such rules, regulations, and orders, Hawaiian
Telcom may terminate or modify your Service and/or this Agreement immediately
without notice.
14.6 Deletion of Data upon Termination. You agree that if your Service is terminated
for any reason, Hawaiian Telcom has the right to immediately delete all data, files, and
other information stored in or for your account without further notice to you.
14.7 Return of Equipment and Software. Upon early termination of this Agreement
(before the 12 month term is satisfied), you agree to return to Hawaiian Telcom all
hardware (other than hardware you have purchased from Hawaiian Telcom) which
Hawaiian Telcom has provided to you in connection with the Service, and to cease use of
all the provided Software and immediately delete such Software from your computer. In
the event such hardware and software is not returned to us within thirty (30) calendar
days following such termination or expiration, Hawaiian Telcom reserves the right to
charge you, and you agree to pay, the undepreciated list price of the unreturned hardware
and software.
15. PRICING AND PAYMENT.
15.1 Prices and Fees. Hawaiian Telcom fees and charges for the Service(s) you select
are supplied to you during the ordering process unless otherwise provided for in this
Agreement. You agree to pay the charges applicable to your selected Service plan. You
also agree to pay all other charges, including but not limited to a) applicable taxes, b)
surcharges, c) recovery fees, d) telephone charges, e) activation fees, f) installation fees,
g) set-up fees, h) equipment charges, i) termination fees, and j) other nonrecurring
charges. The taxes, fees and other charges detailed in this paragraph a)-d) may vary on a
monthly basis; any variations will be reflected in your monthly charge. You also agree to
pay any additional charges or fees applied to your billing account for any reason,
including but not limited to, interest, and charges due to insufficient credit or insufficient
funds. Set up fees, activation fees, installation fees, other non-recurring fees, and
equipment charges, if applicable, will be included in your first month's bill. Monthly
recurring charges will be billed one month in advance; usage charges will be billed in
arrears, if applicable. Hawaiian Telcom or its agent will bill you directly, or bill your
credit card or your local Hawaiian Telcom telephone bill (telephone billing available in
selected areas only), as you request and as approved by Hawaiian Telcom . Hawaiian
Telcom does not accept debit cards for payment of any charges or fees, unless the debit
card has a Visa? or Mastercard? logo. IF YOU ELECT TO BE BILLED ON YOUR
HAWAIIAN TELCOM TELEPHONE BILL, BY USING THE SERVICES YOU
AGREE TO HAVE HAWAIIAN TELCOM HIGH SPEED INTERNET CHARGES
INCLUDED ON YOUR TELEPHONE BILL.
15.1.1 Effect of Changes to Your Service plan. Changes to your Service plan, including
those described in Paragraph 10.3, will be effective immediately and may result in a
higher monthly fee which will apply to your new Service arrangement.
15.2 Discontinuation of Service for Nonpayment. Service to you may be denied or
discontinued without notice at any time in the event the placement of Service charges on
your telephone bill is refused for any reason, or your credit card provider denies or
discontinues providing credit to you for any reason, or you fail to make payments when
due or provide us with a new credit card expiration date before the existing one expires.
15.3 Late Fees. If any portion of your bill is not paid by the due date, Hawaiian Telcom
may charge you a late fee on unpaid balances and may also terminate or suspend your
Service without notice. If your charges are billed by your Hawaiian Telcom local carrier,
the Late Fee will be equal to the late payment charge that the local exchange carrier
applies. If your charges are not billed by your Hawaiian Telcom local carrier, the late fee
will be the lesser of one and one-half percent (1.5 %) per month, or the highest rate
permitted by law. In the event Hawaiian Telcom utilizes a collection agency or resorts to
legal action to recover monies due, you agree to reimburse us for all expenses incurred to
recover such monies, including attorneys' fees.
15.4 Local Telephone, Toll and Long Distance Charges. Whether you are accessing
the Service from your home or away from your home, you are responsible for all
telephone charges, and Hawaiian Telcom does not guarantee or warrant that any Dialup
access numbers provided will be a local call from your location. HAWAIIAN TELCOM
IS NOT RESPONSIBLE FOR ANY CHARGES, INCLUDING BUT NOT LIMITED
TO, LONG DISTANCE AND METERED LOCAL OR TOLL CHARGES INCURRED
WHEN YOU ACCESS THE SERVICE. YOU SHOULD CHECK WITH THE LOCAL
PHONE COMPANY TO DETERMINE WHETHER A DIALUP NUMBER YOU
HAVE SELECTED IS A LOCAL CALL FROM YOUR LOCATION AND WHETHER
ANY CHARGES APPLY. ADDITIONAL CHARGES, WHICH MAY BE
SUBSTANTIAL, APPLY TO REMOTE DIAL UP ACCESS, WHICH IS AVAILABLE
FROM CERTAIN LOCATIONS ONLY.
15.5 You are limited to taking advantage of no more than one special pricing promotion
during any twelve-month period.
15.6 You have the option to change your Service(s) at any time by notifying us, provided
that you qualify for and comply with any requirements of that Service.
15.7 The waiver of any fees or charges lies solely in the discretion of Hawaiian Telcom.
15.8 A third party Global Service Provider (GSP) provides a roaming capability in
conjunction with Hawaiian Telcom Dialup Internet Access Service that allows users
(subject to any applicable roaming surcharge) to dial the local numbers of GSP-provided
POPs to reach the Hawaiian Telcom Internet Service while outside of the Hawaiian
Telcom Internet service areas. If you elect to use such GSP local access, you will be
charged by the GSP and may see a separate charge for such service on your bill. Such
GSP local access service is provided by the GSP on the GSP?s terms and conditions as
outlined in Appendix D and at the prices or surcharges set forth in the customer
agreement as outlined at signup of the Dialup Service.
16. MANAGEMENT OF YOUR DATA AND COMPUTER.
16.1 System Management and Service Performance. You are solely responsible for
obtaining, installing, configuring, and maintaining suitable equipment 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 your computer. You
understand that bandwidth is provided on a per-line basis, and that the speed and
bandwidth available to each computer or device connected to the network will vary
depending upon the number, types and configuration of computers or devices using the
Service and the type of use (e.g., streaming media or downloading larger files, etc.),
network or Internet congestion, and/or the condition of your telephone line and the wiring
inside your location, among other factors.
16.2 Data Management and Responsibility. You are responsible for management of
your information, including but not limited to back-up and restoration of data (for
example, address book and calendaring information), erasing data from disk space you
control and changing data on or settings for your modem and/or router. Hawaiian Telcom
is not responsible for the loss of your data or for the back-up or restoration of your data
regardless of whether this data is maintained on our servers or your computer or server.
16.4 Hawaiian Telcom Network. For the purposes of backup and maintenance, we may
use, copy, display, store, transmit, translate, rearrange, reformat, view and distribute your
information to multiple Hawaiian Telcom or third party hosting servers. We do not
guarantee that these procedures will prevent the loss of, alteration of, or the improper
access to, your information.
16.5 Monitor of Network Performance. Hawaiian Telcom may measure and monitor
network performance and the performance of your Internet connection and our network
as part of this process. We also may access and record information about your computer's
profile and settings and the installation of software we provide in order to provide
customized technical support and you agree to permit us to access and record such data
for the purposes described in this Agreement. We do not share information collected for
the purpose of network or computer performance monitoring or for providing customized
technical support outside of Hawaiian Telcom or its authorized vendors, contractors and
agents. You hereby consent to Hawaiian Telcom?s monitoring of your Internet
connection and network performance, and the access to and adjustment of your computer
settings, as they relate to the Service, Software, or other services which we may offer
from time to time.
17. LIMITATIONS ON USE OF THE SERVICE.
17.1 You agree that your use of the Service and the Internet, without limitation, is your
sole responsibility, is solely at your own risk, and is subject to all applicable local, state,
national and international laws and regulations. This includes US encryption regulations.
17.2 You agree that the Internet is not owned, operated or managed by, or in any way
affiliated with Hawaiian Telcom and Hawaiian Telcom is not responsible and has no
control over the information or materials accessible via the Internet through use of the
Service. You further agree that Hawaiian Telcom does not own or control all of the
various facilities and communications lines through which access may be provided, nor
does Hawaiian Telcom guarantee access to or through Websites, servers or other facilities
on the Internet, whether or not such facilities are owned or controlled by Hawaiian
Telcom. Hawaiian Telcom cannot and does not guarantee that the Service will provide
Internet access that meets your needs.
17.3 You agree and acknowledge that through your use of the Service, you may have
access to information, which may be sexually explicit, obscene or offensive, or otherwise
unsuitable or objectionable, especially for children under the age of 18 years old. You
agree to supervise usage of the Service by any minors who use your account to access the
Service. Hawaiian Telcom is not responsible for access by any users, you, or minors, to
objectionable or offensive information or data. If you discover an acceptable use
violation, as outlined in our Acceptable Use policy located at
support.hawaiiantel.net/policies/ you may send an email to
AcceptableUse@hawaiiantel.net. HAWAIIAN TELCOM STRONGLY
RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT
FILTERING SOFTWARE. We outline popular solutions to security risks of Internet
usage on our Website support.hawaiiantel.net/policies/.
17.4 You agree that Hawaiian Telcom cannot and does not guarantee or warrant that data
available for downloading through the Service will be free of defects, infection or
viruses, worms, Trojan horses or other code that manifest contaminating, malicious or
destructive properties. You are responsible for implementing adequate procedures to
satisfy your particular requirements for accuracy of data input and output and for
maintaining a means external to the Service for the reconstruction of any lost data.
17.5 You agree that the Internet is not a secure network and that third parties may be able
to intercept, access, use, or corrupt the information you transmit or receive over the
Internet. Hawaiian Telcom is not responsible for invalid destinations, transmission errors,
or corruption or security of your data.
17.6 You are not authorized to use any Hawaiian Telcom name or mark as a hypertext
link to any Hawaiian Telcom Website or in any advertising, publicity or in any other
commercial manner without the prior written consent of Hawaiian Telcom. You
understand that your ability to link to a Website through the Service does not, in any way,
represent or imply Hawaiian Telcom?s approval of, or its determination of the quality of
that product or service, and that links are provided for your convenience only. The links
provided through the Service are maintained by their respective organizations, which are
solely responsible for their content.
18. PRIVACY POLICY. Hawaiian Telcom will treat your personal information in
accordance with its current Privacy Policy, subject to change from time to time, which is
attached hereto as Appendix C and posted on the Website at
support.hawaiiantel.net/policies/. You agree to the terms of the Privacy Policy, which
describes Hawaiian Telcom's use and disclosure of information about your account and
your use of the Service.
19. WARRANTIES AND LIMITATION OF LIABILITY.
19.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED
HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH
ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS
AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY
MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY
HAWAIIAN TELCOM (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH
SUCH EQUIPMENT), HAWAIIAN TELCOM (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS
("GSPs"), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NONINTERFERENCE,
TITLE, COMPATIBILITY OF COMPUTER SYSTEMS,
INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE
OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION
GIVEN BY HAWAIIAN TELCOM OR ITS REPRESENTATIVES SHALL CREATE A
WARRANTY. USE OF HAWAIIAN TELCOM TECHNICAL SUPPORT IS AT YOUR
OWN RISK AND IS NOT WARRANTED.
19.2 HAWAIIAN TELCOM DOES NOT WARRANT OR GUARANTEE THAT
SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT
PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE,
EVEN IF HAWAIIAN TELCOM HAS ACCEPTED YOUR ORDER FOR HIGH
SPEED INTERNET SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO
NETWORK AVAILABILITY, CIRCUIT AVAILABILITY AND OTHER FACTORS,
INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF
YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR
COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER
FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY
REASON, NEITHER YOU NOR HAWAIIAN TELCOM SHALL HAVE ANY
DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR
OBLIGATION TO RETURN ANY HAWAIIAN TELCOM-PROVIDED EQUIPMENT,
PURSUANT TO PARAGRAPH 14 ABOVE).
19.3 HAWAIIAN TELCOM DOES NOT WARRANT THAT THE SERVICE OR
EQUIPMENT PROVIDED BY HAWAIIAN TELCOM WILL PERFORM AT A
PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL
BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS,
OR THE LIKE. HAWAIIAN TELCOM SHALL NOT BE LIABLE FOR LOSS OF
YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES
REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER
THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
HAWAIIAN TELCOM MAKES NO WARRANTY REGARDING ANY
TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET.
HAWAIIAN TELCOM MAKES NO WARRANTY REGARDING THE CONTENT
AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS
DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR
USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE
SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO
PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN
ERROR OCCURS.
19.4 IN NO EVENT SHALL HAWAIIAN TELCOM (OR ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPs, BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF
REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE
OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM
OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR
STRICT LIABILITY, EVEN IF HAWAIIAN TELCOM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS
AGAINST YOU BY ANY OTHER PARTY.
19.5 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH 19
ALSO APPLY TO HAWAIIAN TELCOM'S THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GSPs, AS THIRD PARTY
BENEFICIARIES OF THIS AGREEMENT.
19.6 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR
WHICH HAWAIIAN TELCOM (AND ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, AND AFFILIATES), HAWAIIAN TELCOM?S THIRD PARTY
LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPs, ARE
COLLECTIVELY RESPONSIBLE.
19.7 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE
YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL
RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
19.8 HAWAIIAN TELCOM RESERVES THE RIGHT TO PURSUE ANY AND ALL
LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE
OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT
(INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
20. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Hawaiian
Telcom (and their officers, directors, employees, parents, third party suppliers,
subsidiaries, and affiliates) from and against all liabilities, costs and expenses, including
reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws,
regulations or this Agreement by you (or any parties who use your account, with or
without your permission, to access the Service); (b) the use of the Service, Internet,
Website use or the placement or transmission of any message, information, software or
other materials on the Internet by you (or any parties who use your account, with or
without your permission, to access the Service); (c) negligent acts, errors, or omissions by
you (or any parties who use your account, with or without your permission, to access the
Service); (d) injuries to or death of any person and for damages to or loss of any property,
which may in any way arise out of or result from or in connection with this Agreement,
except to the extent that such liabilities arise from the active negligence or willful
misconduct of the other party; or (e) claims for infringement of any intellectual property
rights arising from the use of the Service, software, or the Internet.
21. NOTICES.
21.1 Notices required under this Agreement by you shall be provided to the Customer
Service Department in accordance with the methods set forth under the
www.hawaiiantel.net Website in the Contact Section. Notices by Hawaiian Telcom to
you shall be deemed given: (a) when sent to your Hawaiian Telcom email address, or (b)
when deposited in the United States mail addressed to you at last-known address or (c)
when hand delivered to your home, as applicable. Notice of changes to this Agreement
and these Terms of Service will be deemed given upon posting to the pages on the
Website located at support.hawaiiantel.net/policies/ as set forth in Paragraph 6,
Revisions, above.
21.2 With regard to electronic communications, you and Hawaiian Telcom further agree
that: (a) the User ID and/or alias of a sender, contained in an electronic communication
("email"), is legally sufficient to verify the sender's identity and the authenticity of the
communication; (b) an email sent containing your User ID and/or alias establishes you as
its originator and has the same effect as a document with your written signature on it; and
(c) an email or any computer printout of it, is a valid proof of the validity of the original
content of the electronic communication.
22. GENERAL PROVISIONS.
22.1 All obligations of the parties under this Agreement, which, by their nature, would
continue beyond the termination, cancellation, or expiration of this Agreement, including
by way of illustration and not limitation, those clauses relating to Software Licenses,
Warranties and Limitation of Liability, and Indemnification, shall survive such
termination, cancellation or expiration.
22.2 Hawaiian Telcom will not be liable for delays, damages or failures in performance
due to causes beyond its reasonable control, including, but not limited to, acts of a
governmental body, acts of God, acts of third parties, fires, floods, strikes or other laborrelated
disputes, of other things we do not control, or an inability to obtain necessary
equipment or services.
22.3 You agree not to assign or otherwise transfer, this Agreement in whole or in part,
including the Software or your rights or obligations under it. Any attempt to do so shall
be void. We may assign all or any part of this Agreement without notice and you agree to
make all subsequent payments as directed.
22.4 You and Hawaiian Telcom agree that the substantive laws of the State of
Hawaii , without reference to its principles of conflicts of laws, will be applied to
govern, construe and enforce all of the rights and duties of the parties arising from
or relating in any way to the subject matter of this Agreement. YOU AND
HAWAIIAN TELCOM CONSENT TO THE EXCLUSIVE PERSONAL
JURISDICTION OF AND VENUE IN A COURT LOCATED IN HONOLULU ,
HAWAII FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY
WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS
AGREEMENT OR TO THE SERVICE. Except as otherwise required by law,
including Hawaiian laws relating to consumer transactions, any cause of action or
claim you may have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of action is
barred.
22.5 Use, duplication or disclosure by any Government entity is subject to restrictions set
forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-
Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of
DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Hawaiian Telcom or its licensors and suppliers. The use of
Software and documentation is further restricted in accordance with the terms of this
Agreement.
22.6 In the event of a conflict between this Agreement and any applicable tariff, the tariff
shall prevail. We reserve the right to modify the Service to reflect any change in any
applicable tariff or underlying network service or component affecting the Service.
22.7 Hawaiian Telcom?s failure at any time to insist upon strict compliance with any of
the provisions of this Agreement in any instance shall not be construed to be a waiver of
such terms in the future. If any provision of this Agreement is determined 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.
22.8 This Agreement, including all Appendices and all other policies posted on the
Website, which are fully incorporated into this Agreement either by attachment or by
reference, constitutes the entire agreement between you and Hawaiian Telcom with
respect to the subject matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral. Any changes by you to this Agreement, or any
additional or different terms in your purchase orders, acknowledgements or other
documents, written or electronic, are void.
APPENDIX A
Affiliated Providers Policy
Hawaiian Telcom Policy: HTP-550
The Hawaiian Telcom Services Company, Inc. affiliated providers include:
? Hawaiian Telcom, Inc.
The Hawaiian Telcom Services Company, Inc. may in the future designate other
affiliated providers.
APPENDIX B
Acceptable Use Policy
Hawaiian Telcom Policy: HTP-520
You agree to comply with the terms of the Acceptable Use Policy, which may be found
posted on the Hawaiian Telcom Website at support.hawaiiantel.net/policies/. If you
have any questions or concerns about our Acceptable Use policies, please send us an
email at AcceptableUse@hawaiiantel.net or send a letter via US mail to the following
address:
ATTN: Residential Terms of Service Request
Marketing Department
Hawaiian Telcom Services Company, Inc.
PO Box 2200
Honolulu , HI 96841
1. This is Hawaiian Telcom?s policy on the acceptable use of the Service. It is designed to
help protect the Service, Hawaiian Telcom?s customers and the Internet community, from
irresponsible or illegal activities.
2. Hawaiian Telcom reserves the right to deny Service to you, or immediately to
terminate your Service for material breach, if your use of the Service or your use of an
alias or the aliases of additional users on your account, whether explicitly or implicitly,
and in the sole discretion of Hawaiian Telcom: (a) is obscene, indecent, pornographic,
sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses,
promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any
reason, (d) is objectionable for any reason, or (e) in any manner violates the terms of this
Acceptable Use Policy.
3. You may NOT use the Service as follows: (a) for any unlawful, improper or illegal
purpose or activity; (b) to post or transmit information or communications that, whether
explicitly stated, implied, or suggested through use of symbols, are obscene, indecent,
pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic
nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might
be legally actionable for any reason; (c) to access or attempt to access the accounts of
others, to spoof or attempt to spoof the URL or DNS or IP addresses of Hawaiian Telcom
or any other entity, or to attempt to penetrate or penetrate security measures of Hawaiian
Telcom or other entities' systems ("hacking") whether or not the intrusion results in
corruption or loss of data; (d) to bombard individuals or newsgroups with uninvited
communications, data or information, or other similar activities, including but not limited
to "spamming", "flaming" or denial or distributed denial of service attacks; (e) to transmit
unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or
redirect email intended for third parties using the Service; (f) to introduce viruses, worms,
harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups
which is not in the topic area or charter (e.g. off-topic posting) of the newsgroup; (h) to
interfere with another person's usage or enjoyment of the Internet or this Service; (i) to
post or transmit information or communications that are defamatory, fraudulent, obscene
or deceptive, including but not limited to scams such as "make-money-fast" schemes or
"pyramid/chain" letters; (j) to damage the name or reputation of Hawaiian Telcom, its
parent, affiliates and subsidiaries, or any third parties; (k) to transmit confidential or
proprietary information, except solely at your own risk; (l) to violate Hawaiian Telcom?s
or any third party's copyright, trademark, proprietary or other intellectual property rights,
including trade secret rights; (m) to use more than one IP address obtained from
Hawaiian Telcom ; (n) to generate excessive amounts (as determined by Hawaiian
Telcom in its sole discretion) of Internet traffic, or to disrupt net user groups or email use
by others; (o) to engage in activities designed to or having the effect of degrading or
denying Service to Hawaiian Telcom users or others (including activities that
compromise a server, router, circuit, software or other Internet component); (p) to use any
name or mark of Hawaiian Telcom, its parent, affiliates or subsidiaries, as a hypertext
link to any Website or in any advertising publicity or other commercial manner; (q) to
use the Service to operate a server in a manner that interferes with the network or other
users' use of the Service; (r) to use the Service or the Internet in a manner intended to
threaten, harass, or intimidate; (s) to cause the screen to "scroll" faster than other
subscribers or users are able to type to it, or any action that has a similar disruptive effect,
on or through the Service; (t) to use the Service to disrupt the normal flow of online
dialogue, (u) to use the Service to violate any operating rule, policy or guideline of any
other online services provider or interactive service; (v) to attempt to subvert or to aid
third parties to subvert, the security of any computer facility or system connected to the
Internet; (w) to impersonate any Hawaiian Telcom employee or official or other person
or use a false name while using the Service or implying an association with Hawaiian
Telcom; (x) to install "auto-responders," "cancel-bots" or similar automated or manual
routines which generate excessive amounts of net traffic, or disrupt net user groups or
email use by others; (y) to make false or unverified complaints against any Hawaiian
Telcom subscriber, or otherwise abusing any of Hawaiian Telcom?s complaint response
procedures; (z) to use software or any other device that would allow your account to stay
logged on while you are not actively using the Service, unless you are a High Speed
Internet customer; (aa) to export software or any information in violation of US export
laws; (bb) to use the Service in contravention of the limitations of the pricing plan you
have chosen; (cc) for High Speed Internet customers who use static IP address, to use an
IP address other than the one assigned by Hawaiian Telcom; (dd) for customer who have
been assigned a dynamic IP address to use such IP address to circumvent the changing of
IP addresses assigned by the Service or (ee) to open connections to more than one
Hawaiian Telcom Usenet news service at a time.
Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards
called newsgroups. Usenet access is provided to Internet access customers of Hawaiian
Telcom through the Hawaiian Telcom network. Hawaiian Telcom Usenet may not be
accessed via any other network. You may open no more than five simultaneous
connections to newsgroups at any one time. You may not rapidly open and close or create
connections for users other than yourself (our Subscriber). Hawaiian Telcom will carry
newsgroups at their sole discretion. We also reserve the right in our sole discretion, with
or without notice to you, to modify or restrict the bandwidth available to download
content from our Usenet Newsgroup services. Requests to add a newsgroup, from any
source, will be evaluated on a case-by-case basis and added at Hawaiian Telcom sole
discretion. You must familiarize yourself with the subjects and established guidelines and
restrictions of any newsgroup in which you participate and we reserve the right, in our
sole discretion to terminate your Service in the event you violate newsgroup guidelines or
restrictions.
4. Copyright Infringement/Repeat Infringer Policy. Hawaiian Telcom respects the
intellectual property rights of third parties, including those granted under the US
copyright laws, and the interests of its subscribers and content providers on the Internet.
You may not store material of any type or in any format on, or disseminate such material
over, Hawaiian Telcom?s systems or servers in any manner that constitutes an
infringement of third party intellectual property rights, including rights granted under the
US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA)
and other applicable law, it is the policy of Hawaiian Telcom to terminate, in appropriate
circumstances, the Service provided to any subscriber or account holder who is deemed
to infringe third party intellectual property rights, including repeat infringers. Appropriate
circumstances may exist where (i) a Subscriber or account holder has been found by a
court of competent jurisdiction to have infringed the copyrights of a third party on two or
more occasions, i.e., a repeat infringer, (ii) Subscriber or account holder has entered into
an agreement acknowledging wrongdoing to settle a claim of copyright infringement and
subsequently uses Hawaiian Telcom?s service to violate the terms of that agreement by
engaging in copyright infringement or to otherwise engage in conduct that is found by a
court of competent jurisdiction to constitute copyright infringement, (iii) where a valid,
effective and uncontested notice has been provided to Hawaiian Telcom alleging facts
which are a violation by the Subscriber or account holder of Hawaiian Telcom?s
Copyright Policy prohibiting infringing activity involving Hawaiian Telcom systems or
servers, or (iv) in other cases of repeated flagrant abuse of access to the Internet (e.g.,
willful commercial piracy or malicious attempts to destroy the value of copyrighted
works). In addition, Hawaiian Telcom expressly reserves the right to terminate or
suspend the Service of any Subscriber or account holder if Hawaiian Telcom, in its sole
judgment, believes that circumstances relating to the infringement of third party
intellectual property rights warrant such action. These policies are in addition to and do
not affect or modify any other rights Hawaiian Telcom may have under law or contract. If
you believe that copyrighted material has been used in violation of this policy or
otherwise been made available on the Service in a manner that is not authorized by the
copyright owner, its agent or the law, please follow the instructions for contacting
Hawaiian Telcom?s designated Copyright Agent by sending an email to
copyright@hawaiiantel.net or send a letter via US Mail to the following address:
ATTN: Director of Security
Hawaiian Telcom Services Company, Inc.
P.O. Box 2200
Honolulu , HI 96841
5. You shall comply with all applicable local, state, national and international laws and
regulations, including those related to data privacy, international communications,
encryption and exportation or technical or personal data. You represent that you are not a
specifically designated individual or entity under any US embargo or otherwise the
subject, either directly or indirectly (by affiliation, or any other connection with another
party) to any order issued by any agency of the US Government limiting, barring,
revoking or denying, in whole or in part your US export privileges. You agree to notify
Hawaiian Telcom if you become subject to any such order.
6. You shall not delete any proprietary designations, legal notices or other identifiers
belonging to third parties from any information obtained or sent using the Service and
shall not impersonate any person or use a false name while using the Service. You agree
to obtain all required permissions if you use the Service to receive, upload, download,
display, distribute, or execute Software or perform other works protected by intellectual
property laws including copyright, trademark, trade secret and patent laws. You agree to
cooperate with Hawaiian Telcom and provide requested information in connection with
all security and use matters. You agree to notify Hawaiian Telcom promptly if you
suspect unauthorized use of the Service or of your User ID. You remain liable for
unauthorized use until your notification to Hawaiian Telcom at
AcceptableUse@hawaiiantel.net. You agree that your name, User ID, and other
identifying information may be placed in our user directory.
7. Hawaiian Telcom reserves the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or civil wrong. Such cooperation
may include, but not be limited to, provision of account or user information or email as
well as monitoring of the Hawaiian Telcom network.
8. Hawaiian Telcom may, but is not required to monitor your compliance, or the
compliance of other subscribers, with the terms, conditions or policies of this Agreement.
APPENDIX C
Privacy Policy
Hawaiian Telcom Policy: HTP-530
You agree to comply with the terms of the Privacy Policy, which also may be found
posted on the Website at support.hawaiiantel.net/policies/. If you have any questions or
concerns about our privacy policies, please send us an email at privacy@hawaiiantel.net
or send a letter via US mail at the following address:
ATTN: Residential Terms of Service Request
Marketing Department
Hawaiian Telcom Services Company, Inc.
PO Box 2200
Honolulu , HI 96841
Hawaiian Telcom respects your right to privacy. We adhere to a set of privacy principles
which form the basis of our privacy policy. When you visit this site you may provide
information on two different levels about your visit:
? Anonymous statistics collected as you browse the site, and
? Personal information you knowingly give us.
We want you to be aware of what information we collect, and how we handle this
information. The following areas are discussed in this privacy policy:
What Information Does The Hawaiian Telcom Website Gather?
How Does Hawaiian Telcom Combat Phishing and Email Spoofing?
Network Performance And Your Internet Connection
What Happens To Information When I Fill Out Registration Forms?
Who Has Access To This Information?
Does This Site Send Email To Site Visitors?
What Are Cookies And Why Do You Use Them?
Do You Accommodate Links To Other Sites ?
What Is Hawaiian Telcom?s Position Regarding Online Advertising and Third Party Ad
Servers?
Non-Personally Identifiable Information
Protection Of Children's Personal Information
Personally Identifiable Information
Does Hawaiian Telcom Use The Information Provided Online To Profile Its Customers?
Changes to This Policy
What information does the Hawaiian Telcom Website gather?
Please be assured that we do not collect personal information from you unless you
provide it to us. This means that you can visit our Websites without telling us who you
are or revealing any information about yourself (such as your e-mail address, software
you are using, or any information about yourself).
As you browse the site, our web servers collect information about your visit, not about
you personally. Via web server logs, we monitor statistics such as:
? How many people visit our site
? Which pages people visit on our site
? From which domains our visitors come (e.g., aol.com)
? Which browsers people use to visit our site
None of this information is associated with you as an individual. We use these statistics
to improve our Website, to monitor its performance, and to make the Website easier for
you and other visitors to use.
What Hawaiian Telcom pages ask for personal information?
When visitors supply information about themselves for a specific purpose, we use the
information for that purpose (such as to provide the Service or information the visitor has
requested).
For example, you may be asked to give us individual information to purchase a product
or service, receive information, manage online account registration, or apply for a job.
The information may range from your zip code, to your phone number, account number,
a credit card number, age, gender, mother's maiden name, social security number, e-mail
address, organization URL, resume, or mailing address.
When visitors use our Website to order Services, we may use this individually
identifiable information as we would use the same information obtained in a traditional
non-electronic manner. For example, to publish your name, address, and phone number in
our directories (unless you have requested a non-published number), or to evaluate your
service needs and contact you regarding additional services you may find useful.
Should any changes be made in the way we use personally identifiable information,
Hawaiian Telcom may notify you of this change by posting a notice on its privacy policy
Website located at support.hawaiiantel.net/policies/.
How does Hawaiian Telcom combat phishing & email spoofing?
Hawaiian Telcom does not ask you to disclose sensitive personal information such as
credit card information or banking information in an email. If we provide online access to
your account, you will be asked to enter your login name and password for authentication
purposes. When receiving emails with links requesting such sensitive information, it is
possible they are suspicious forms of Phishing or Email Spoofing. Phishing emails are
attempts to steal consumers' personal identity data and financial account credentials.
'Spoofed' emails are those which mimic an email from a real branded corporate address
such as security@ebay.com to lead consumers to counterfeit Websites designed to trick
recipients into divulging financial data such as credit card numbers, account usernames,
passwords and social security numbers. When replying to such emails, the reply often
goes somewhere other than the email?s address as sent. This is done by hijacking brand
names of banks, e-retailers and credit card companies, phishers often convince recipients
to respond. It is best to simply not respond to such emails, and contact your
bank/financial institution directly to see if there messages or other important information
by following normal logon protocols.
Our normal practice is to send you an email confirming significant changes made to your
account online, such as, updates to the email address registered with us, payments on an
account, or new services added.
You can protect yourself by regularly logging into your online account to ensure that all
transactions are legitimate. Other tips on how you can protect yourself can be found at
http://www.antiphishing.org/consumer_recs.html.
Network performance and your Internet connection
Hawaiian Telcom automatically measures and monitors network performance and the
performance of your Internet connection in order to improve the level of your Service.
Hawaiian Telcom also will access information about your computer's settings in order to
provide customized technical support. You can be assured that no adjustments to your
computer settings will be made without your permission, which you give at the time that
the adjustments are being made, and which you can revoke at any time. Hawaiian Telcom
does not share information collected for the purpose of network or computer performance
monitoring or for providing customized technical support outside of Hawaiian Telcom or
its authorized vendors, contractors and agents.
What happens to information when I fill out registration forms?
We encourage all visitors to register with us, although registration is only required for
certain transaction-related areas of the www.hawaiiantel.net or other Hawaiian Telcom
or co-branded sites. The registration forms request accurate contact information (like
name and e-mail address) and preferences that help us better serve you. Your name and
email address are used to send you information about our company, product updates,
special offers, and newsletters. You may change your email, user ID or password online;
or you can choose to remove your name from our user list by going to contact us and
emailing us a request to remove your name from the online billing application.
For our local phone service customers, you may also be given the option of registering a
profile with us (limited to specific areas). This would store your name, purchase history,
and billing information to make it easier for you to shop and purchase products/services
from us in the future. You may opt out of this feature at any time by either contacting us
by emailing us your request, or in some applications you can cancel/change your profile
within the application itself.
We strive to ensure that the information we obtain and use about customers is accurate.
Please contact us to review or modify any personal information we have previously
collected from you online or if you find an error in your bill. Customers have access to
their account information via our monthly bills. To improve the services we can offer
you, we may decide to expand the site's capabilities for obtaining information about users
in the future. We will update this privacy statement continually to ensure that you are
aware of developments in this area.
Who has access to this Information?
Hawaiian Telcom does not sell or disclose individually-identifiable information obtained
online, or information about you or your account or service, to anyone outside of
Hawaiian Telcom Services Company, Inc. or its authorized vendors, contractors,
affiliates and agents unless you specifically authorize it, disclosure is required by law, or
deemed necessary by Hawaiian Telcom in its sole discretion to protect the safety, rights
or property of Hawaiian Telcom or any other person or entity. If you provide individually
identifiable information to us in the context of an event Hawaiian Telcom sponsors with
another company, such as a contest, or if you register on a co-sponsored site or feature,
you may also be providing the individually identifiable information to the co-sponsor.
For example, on Hawaiian Telcom co-branded sites, our partner will generally co-own
the customer information received through the site. How the partner uses this information
will be explained in the privacy statement at the co-branded site, which will govern the
use of data gathered through the co-branded site.
Hawaiian Telcom may share non-personally identifiable information with non-Hawaiian
Telcom companies in order to assess the results of a promotion or event. This information
is used in aggregate only, and does not contain any information that would personally
identify you.
Does this site send e-mail to site visitors?
At times, online surveys are conducted in which you can choose to participate. In
addition, we may use e-mail to communicate with our customers, to respond to visitors'
e-mail, to confirm orders placed online, and to send information that a visitor has
requested. Occasionally, we may use opt-in e-mail lists from third parties to promote our
latest specials. If you receive an unwanted e-mail from us, you can use the Reply feature
on your browser and simply ask us to remove you from our list.
What are cookies and why do you use them?
A cookie is a small, encrypted data string our server writes to your hard drive that
contains your unique User ID for our Website. We may use cookies to deliver web
content specific to your interests, to keep track of your order as you order services, and to
control access to our premium content. A cookie cannot be used to access or otherwise
compromise the data on your hard drive. You can choose to change your browser settings
to disable cookies if you do not want us to establish and maintain a unique Hawaiian
Telcom User ID. Please be aware that cookies may be required to complete certain
functions on the Hawaiian Telcom Website, such as ordering in our online store.
Do you accommodate links to other sites?
The Hawaiian Telcom Website contains links to other Websites. We are not responsible
for the content or the privacy policies employed by other sites. We are committed to
safeguarding customer privacy on all our Websites. We require our employees to protect
the privacy of information about our customers and expect our partners and suppliers to
do so as well. You can feel confident that your individually identifiable information will
be protected when you access your account or order services from us over the Internet.
What is Hawaiian Telcom?s position regarding online advertising and third party ad
servers?
As part of the online advertising process, we use information supplied from third party
companies in several ways however, this is aggregated data and does not personally
identify any individual online user. This data is used to:
? gain a better understanding of the type of individuals viewing or visiting different
Websites,
? evaluate and prioritize site selection when developing online media plans,
? geographically target advertising,
? deliver product and pricing advertising/information applicable to the customers'
state, and gauge the effectiveness of our online advertising.
Personally identifiable information such as name, address, phone number or email
address is not collected.
In addition, some Hawaiian Telcom Websites may accept advertisements from third party
advertisers. These advertisers are carefully selected to provide information about
products and services that we think may benefit Hawaiian Telcom customers. These third
party advertisers may collect non-personally identifiable information about users of this
Website for the same reasons listed above, but personally identifiable information is not
collected. Hawaiian Telcom does not have control of nor access to any information
contained in the cookies that are set by third party advertisers.
Non-Personally Identifiable Information
Cookies help Hawaiian Telcom to enhance the user's online experience and are used to:
? deliver the appropriate geographic message
? manage frequency of ad exposure; avoid over delivery of the same message
? tailor an advertisement to better match your interests and preferences
? ensure that you see the correct products and pricing applicable to the state in
which you live
? understand advertising effectiveness
However, customers are free to delete Website cookies. Most internet browsers enable
you to erase cookies from your computer hard drive, block all cookies, or receive a
warning before a cookie is stored.
However, you need to understand that some Websites / adserving companies have the
ability to reestablish your history even after cookie deletion, if you reenter the same site
on another occasion, or some other site tracked by the adserving company/network, and
specifically provide personal data.
Deletion of cookies alone does not prevent adserving companies from reestablishing
history on a visitor. The visitor must either continue to decline cookies each time it
reenters the site to keep the tracking severed, if desired, or opt-out. When you opt-out,
your unique user ID cookie is erased and you are reassigned an anonymous, non-id
cookie. This new cookie tells Websites that you have opted out and they will then know
not to attempt to assign other cookies to you in the future. Opt-out cookies do not contain
a unique user ID number therefore Websites are not able to identify your computer
uniquely.
Customers who choose to continually delete cookies and not opt out can have their
browser advise them each time a Website attempts to send a cookie to your system. At
that time, you can choose to either Accept or Cancel a cookie.
Customers who choose to "opt out" after deleting cookies will receive an
anonymous/non-personally identifiable cookie.
Personally Identifiable Information
Personally identifiable information voluntarily supplied by our customers or our visitors,
i.) who receive or provide information on our Website, or ii.) who purchase Hawaiian
Telcom products on our Website, or iii.) who interact with our banners/advertising on
outside Websites, is not shared for use outside Hawaiian Telcom or its authorized
vendors, contractors and agents. This information is Hawaiian Telcom proprietary data
and is not available to any outside company in this personalized form, except with a
customer's or visitor's permission or where disclosure is otherwise required or permitted
by law. No outside company is allowed access to this information.
For example, if you provide us with information (such as phone number or email address)
and ask to be contacted when High Speed Internet Service is available in your area, we
will notify you when High Speed Internet Access is available; or, if you enter such
information online and qualify for High Speed Internet service, we may contact you to
provide additional information and to follow up on your inquiry. If you are contacted by
telephone as a follow up to your inquiry, you may request to be removed from our calling
list at that time. We will not use this information for any other reason nor will we share it
with any outside company.
Should any changes be made in the way we use personally identifiable information,
Hawaiian Telcom will contact you via email, or by other means, notifying you of this
change, and give you the opportunity to choose to opt-out of such use.
Protection of Children's Personal Information
Hawaiian Telcom Website Services are not designed to attract children under the age of
18. Although we do feature sites that may be of interest to young viewers, we do not
collect personally identifiable information on children. Further, Hawaiian Telcom offers
tools for parents to educate young Internet users on safe surfing practices, including
filtering tools to help children and parents avoid objectionable content online.
GetNetWise.org and SafeKids.com are two sites that offer tools for providing
information on safe Internet usage. For more information, go to
support.hawaiiantel.net/policies/.
Does Hawaiian Telcom use the information provided online to profile its customers?
The combination of offline and online information provided by the customer has the
ability to enhance the customer experience, and make the consumer's interaction with
Hawaiian Telcom more meaningful and relevant. Hawaiian Telcom requires notification
of any consumer profiling or purchasing behavior being captured by Hawaiian Telcom
Online and combined with offline information be clearly stated to the consumer at the
time of online data collection. The consumer will have the ability to choose not to have
that information aggregated and be part of subsequent marketing campaigns by choosing
to be identified within the application.
Please note
We may disclose personal information when required by law or when necessary to
protect the safety of our customers, employees or property.
Changes to this Policy
Please check this privacy policy periodically to inform yourself of any changes. Although
we reserve the right to modify or supplement this policy, we will provide notice to you on
the Website located at support.hawaiiantel.net/policies/ of any major material changes
and those changes are effective upon posting unless otherwise noted.
APPENDIX D
Usage Based Pricing Policy
Hawaiian Telcom Policy: HTP-595
Hawaiian Telcom may from time to time charge usage based pricing for any of the
following services including but not limited to: High Speed Internet Access, Dialup,
Website Hosting, DNS Domain Name Service, Dialup Access, Dedicated Internet Access
(DIA) , Email, Web Mail, Content & Digital Media Downloads, and other Internet Based
Services. If usage based pricing is part of the customer?s agreed upon pricing model,
customer agrees to pay a per use fee for any of the items listed below that pertain to
customer?s pricing agreement. Reasons for charging on a usage basis may include:
? When customer exceeds storage quotas
? When customer exceeds email message quotas
? When customer exceeds hourly quotas
? When customer performs dialup services that are charged at a per hour or per use
basis. This is especially common when Hawaiian Telcom customers roam outside
the normal Hawaiian Telcom network area.
? When Hawaiian Telcom is using third party providers for software and/or
services, the usage based pricing of the third party provider will be charged to the
customer and provided in the customer?s bill.
APPENDIX E
Civil Subpoena Policy
Hawaiian Telcom Policy: HTP-560
You agree to comply with the terms of the Civil Subpoena Request Policy, which may be
found posted on the Website at support.hawaiiantel.net/policies/. If you have any
questions or concerns about our civil subpoena policies send a letter via US mail at the
following address:
Custodian of Records
Attn: Legal Compliance, 1st Floor
Hawaiian Telcom Services Company, Inc.
1177 Bishop Street
Honolulu , HI 96813
General. Hawaiian Telcom Internet's Civil Subpoena Policy provides that we will not
release account information or information sufficient to identify a subscriber except
under certain specific circumstances. Our Privacy Policy states:
"Hawaiian Telcom does not sell or disclose individually-identifiable information obtained
online, or information about you or your account or service, to anyone outside of
Hawaiian Telcom Services Company, Inc. or its authorized vendors, contractors,
affiliates and agents unless you specifically authorize it, disclosure is required or
permitted by law, required by court order, warrant or subpoena; requested by government
officials with reasonable grounds to believe that the information is a communication of a
computer trespasser; or deemed necessary by Hawaiian Telcom in its sole discretion to
protect the safety, rights or property of Hawaiian Telcom or any other person or entity."
If you seek the identity of or account information about a Hawaiian Telcom High Speed
Internet subscriber in connection with a civil legal matter, you must serve Hawaiian
Telcom Services Company, Inc. with a valid subpoena at the address below and agree to
compensate Hawaiian Telcom High Speed Internet for our subpoena response services
according to the terms of this policy.
Service of Subpoenas. All civil subpoenas should be directed to the custodian of record
listed below.
Custodian of Records
Attn: Legal Compliance 1st Floor
Hawaiian Telcom Services Company, Inc.
1177 Bishop Street
Honolulu , HI 96813
Notice to Subscribers and Response Time. Upon receipt of a valid subpoena, it is
Hawaiian Telcom Internet's policy to notify the subscriber whose information is sought
via email or U.S. mail. In non-emergency circumstances, Hawaiian Telcom will generally
not produce the subpoenaed subscriber's identity information until approximately two
weeks after receipt of the subpoena, unless legally required to do so.
Fees for Subpoena Compliance. Hawaiian Telcom Services Company, Inc. charges the
following rates for compliance with High Speed Internet & Dialup Service civil
subpoenas. We will invoice the person or entity submitting the subpoena following
receipt and the subpoena proponent must make payment within 30 days from the date of
receipt of our invoice. Checks should be made out to the legal entity to which the
subpoena was directed (see Service of Subpoenas, above).
Hawaiian Telcom Services Company, Inc.'s High Speed Internet & Dialup Service civil
subpoena compliance fees and charges are as follows:
Research - $75.00/hour
Courier Service - Cost as Billed
Copies - $.10/page
These are minimum fees and Hawaiian Telcom reserves the right to change these fees at
its discretion as well as charge additional fees or services provided.
Policies Regarding Email. Hawaiian Telcom Internet is subject to the provisions of the
Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq, which prohibits an
electronic communications service provider from producing the contents of electronic
communications, even pursuant to subpoena or court order, except in limited
circumstances. Furthermore, Hawaiian Telcom?s email servers retain email for a period
of only approximately 30 days after the email has been read and left on our servers. After
that time, the email may be automatically deleted. Unread and sent email is preserved on
our system for approximately 30 days. If a subscriber deletes any email, that email is
automatically deleted hourly from the Hawaiian Telcom email system. In addition,
Hawaiian Telcom Internet subscribers may, at their election, download email to their
computer. Such email is not preserved on Hawaiian Telcom's email system.
Hawaiian Telcom Internet reserves the right to request a copy of the complaint and any
supporting documentation to indicate how Hawaiian Telcom Internet's email address is
related to the pending litigation which underlies a subpoena.
APPENDIX F
EMail, Alias & Anti-Spam Policy
Hawaiian Telcom Policy: HTP-570
You agree to comply with the terms of the Email, Alias & Anti-Spam Request Policy,
which may be found posted on the Website at support.hawaiiantel.net/policies/. If you
have any questions or concerns about our Email, Alias or Anti-Spam policies, please send
us an email at EmailAntiSpam@hawaiiantel.net or send a letter via US mail at the
following address:
ATTN: Residential Terms of Service Request
Marketing Department
Hawaiian Telcom Services Company, Inc.
PO Box 2200
Honolulu , HI 96841
Rules. While visiting the Hawaiian Telcom Email Messaging Site, you may also not:
post, transmit or otherwise distribute information constituting or encouraging conduct
that would constitute a criminal offense or give rise to civil liability, or otherwise use the
Email Messaging Site in a manner which is contrary to law or would serve to restrict or
inhibit any other user from using or enjoying the Email Messaging Site or the Internet;
post or transmit any information or software which contains a virus, cancelbot, trojan
horse, worm or other harmful or disruptive component; upload, post, publish, transmit,
reproduce, or distribute in any way, information, software or other material obtained
through the Email Messaging Site which is protected by copyright, or other intellectual
property right, or derivative works with respect hereto, without obtaining permission of
the copyright owner or rightholder.
Monitoring. Hawaiian Telcom has no obligation to monitor the Email Messaging Site.
However, you agree that Hawaiian Telcom has the right to monitor the Email Messaging
Site electronically from time to time and to disclose any information as necessary to
satisfy any law, regulation or other governmental request, to operate the Hawaiian
Telcom Site properly, or to protect itself or its subscribers. Hawaiian Telcom will not
intentionally monitor or disclose any private electronic-mail message unless required by
law. Hawaiian Telcom reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or
in violation of this Agreement.
Email Messaging Service Termination of Service Policies. Email Messaging Service
may be made available to you as an optional feature of certain High Speed Internet
packages if you have your own domain name. Additional terms and conditions applicable
to Email Messaging Service. In the event of a breach by you of the terms and conditions
applicable to the Email Messaging Service, Hawaiian Telcom reserves the right to
terminate your Email Messaging Service immediately without notice. Hawaiian Telcom
also reserves the right to delete all data, files, and other information stored on or for your
Email Messaging Service upon termination of your Service for any reason. Hawaiian
Telecom also reserves the right to change email addresses in the process of transitioning
services from the previous provider of Email service.
Email Sending. The following are email sending limitations:
? You may send a single email message to a maximum of 100 recipients in one
mailing, not to exceed 500 recipients within a one hour period. All single emails
sent to over 100 addressees will not be delivered. No notice will be given to you
in this case.
? If you send emails to more than 500 recipients within a one hour period, your
ability to send ANY email messages is suspended for 24 hours. You will receive a
Notice regarding this action.
Hawaiian Telcom reserves the right to take all legal and technical steps available to
prevent unsolicited bulk email or other unauthorized email from entering, utilizing or
remaining within the Hawaiian Telcom Network. Such action may include, without
limitation, the use of filters or other network devices, immediate termination of Hawaiian
Telcom service, and prosecution of offenders through criminal or civil proceedings.
Nothing in this policy shall be construed to grant any right to transmit or send email to, or
through, the Hawaiian Telcom Network, and in no event shall any failure by Hawaiian
Telcom to enforce this policy constitute a waiver of Hawaiian Telcom's rights.
Unauthorized use of the Hawaiian Telcom Network in connection with the transmission
of unsolicited bulk email, including the transmission of counterfeit email, may result in
civil and criminal penalties against the sender, including those provided by the Computer
Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); and various state laws on cyberstalking,
theft & fraud, electronic surveillance, law enforcement, etc. as located at the Website
http://www.ncsl.org/programs/lis/legislation/compcrime01.htm
Buying over the Internet. When making purchases or other transactions through the
Hawaiian Telcom Email Messaging Site or the Internet, you may be asked by the
Merchant or information or service provider to supply certain information, including
credit card or other payment mechanisms. You agree that all information you provide any
merchant or information or service provider through the Email Messaging Site will be
accurate and complete. You agree to pay all charges incurred by you or other users of
your account and credit card or other payment mechanisms at the prices in effect when
such charges are incurred. You also will be responsible for paying all applicable taxes, if
any, relating to purchases on the Email Messaging Site. Hawaiian Telcom is in no way
responsible for any charges you or any user of your account incurs when making
purchases or other transactions in this manner.
Email Privacy Policies. Hawaiian Telcom Internet is subject to the provisions of the
Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq, which prohibits an
electronic communications service provider from producing the contents of electronic
communications, even pursuant to subpoena or court order, except in limited
circumstances. Furthermore, Hawaiian Telcom Internet?s email servers retain email for a
period of only approximately 30 days after the email has been read and left on our
servers. After that time, the email is automatically deleted. Unread and sent email is
preserved on our system for approximately 30 days. If a subscriber deletes any email, that
email is automatically deleted hourly from the Hawaiian Telcom Internet email system.
In addition, Hawaiian Telcom Internet subscribers may, at their election, download email
to their computer. Such email is not preserved on Hawaiian Telcom Internet's email
system.
Hawaiian Telcom's Unsolicited Bulk Email (Anti-Spam) Policy: Hawaiian Telcom
specifically does not authorize the use of its proprietary computers, servers, routers and
computer network (the "Hawaiian Telcom Network") to accept, transmit or distribute
unsolicited bulk email sent from the Internet to Hawaiian Telcom subscribers (or to
others). It is also a violation of Hawaiian Telcom policy, and the law, to send or cause to
be sent to, or through, the Hawaiian Telcom Network email that makes use of or contains
invalid or forged headers, invalid or non-existent domain names or other means of
deceptive addressing. Hawaiian Telcom considers such email to be unlawful and a
violation of our policy, and any attempt to send or cause such email to be sent to, or
through, the Hawaiian Telcom Network is unauthorized. Moreover, any email relayed
from a third party's mail servers without the permission of that third party, or any email
that hides or obscures, or attempts to hide or obscure, the source of an email also
constitutes an unauthorized use of the Hawaiian Telcom Network. Email sent or caused
to be sent to the Hawaiian Telcom Network that violates your agreement with Hawaiian
Telcom is also unauthorized. Nor does Hawaiian Telcom authorize the harvesting or
collection of screen names from the Hawaiian Telcom Service for the purpose of sending
unsolicited email. Any such action also constitutes violation of Hawaiian Telcom policy.
Hawaiian Telcom's Email Alias Policy : Hawaiian Telcom will issue email aliases
based upon availability of the alias requested. If you surrender your alias by changing it,
terminating your account, or because your account is terminated for cause, VIS shall not
be obligated to reserve that alias for you or to receive or forward emails addressed to that
alias. This policy may be changed without notice
APPENDIX G
Newsgroup Posting Policy
Hawaiian Telcom Policy: HTP-580
You agree to comply with the terms of the Civil Subpoena Request Policy, which may be
found posted on the Website at support.hawaiiantel.net/policies/. If you have any
questions or concerns about our Newsgroup Posting policies, please send us an email at
Newsgroups@hawaiiantel.net or send a letter via US mail at the following address:
ATTN: Residential Terms of Service Request
Marketing Department
Hawaiian Telcom Services Company, Inc.
PO Box 2200
Honolulu , HI 96841
It is a violation of Hawaiian Telcom policy to add messages to newsgroups 1) that are
clearly inappropriate given the intended purpose or scope of the newsgroup, including
adding commercial postings to newsgroups of a non-commercial nature, or 2) in a
manner that is clearly excessive and intended to annoy or harass. Subscribers that
Hawaiian Telcom determines to be in violation of this policy shall be subject to
immediate termination of service without prior notice, or immediate suspension of
service without prior notice pending results of an investigation.
APPENDIX H
Website Use, Content & Digital MultiMedia Policy
Hawaiian Telcom Policy: HTP-590
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
HAWAIIAN TELCOM WEBSITE USE AGREEMENT
This Website Use Agreement ("Agreement") is entered into by you and Hawaiian
Telcom. The Hawaiian Telcom Websites www.hawaiiantel.net is comprised of various
web pages, tools, information, software, content, software, and features (collectively,
"Hawaiian Telcom Website") operated by Hawaiian Telcom Services Company, Inc.
This Agreement sets forth the terms and conditions under which you use the Hawaiian
Telcom Website and under which Hawaiian Telcom agrees to your use of the Hawaiian
Telcom Website. By using the Hawaiian Telcom Website, you agree to be bound by the
terms of this Agreement. This Agreement includes Hawaiian Telcom's Website Use
Policy located at support.hawaiiantel.net/policies/ and any notices regarding the
Hawaiian Telcom Website (all of which are available for review at
support.hawaiiantel.net/policies/, and are incorporated herein by reference). You may
also receive a copy of this Agreement by writing us at:
ATTN: Residential Terms of Service Request
Marketing Department
Hawaiian Telcom Services Company, Inc.
PO Box 2200
Honolulu , HI 96841
If you do not agree to the terms of this Agreement, you must immediately stop your use
of the Hawaiian Telcom Website, High Speed Internet Access and Dialup Service.
1. SCOPE OF HAWAIIAN TELCOM WEBSITE
Hawaiian Telcom makes part of the www.hawaiiantel.net Websites available to users at
no charge. The features of the Hawaiian Telcom Website may include but are not limited
to, access to email services, search capabilities, account management tools, connections
to certain content (news, weather and sports, for example), MP3 & Digital Multimedia
content, diagnostic tools for troubleshooting and games. The Hawaiian Telcom Website
is intended solely for your private and personal use on your computer. Any other use or
any attempt to use the Hawaiian Telcom Website for commercial or other purposes is
strictly prohibited.
2. REGISTERED USERS
You agree that the information you provide during the Hawaiian Telcom Website
registration is accurate and that you are 18 years of age or older.
3. NO WARRANTY
HAWAIIAN TELCOM (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS)
PROVIDE THE HAWAIIAN TELCOM WEBSITE ON AN "AS IS," AS AVAILABLE,
BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NONINTERFERENCE,
COMPATIBILITY OF SOFTWARE PROGRAMS,
INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF
DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK
OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF
NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK
ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR
PERFORMANCE OF THE HAWAIIAN TELCOM WEBSITE IS WITH YOU. IN
ADDITION, HAWAIIAN TELCOM DOES NOT WARRANT THE SECURITY OF
THE HAWAIIAN TELCOM WEBSITE OR, INFORMATION, SOFTWARE,
CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE
UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY,
OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. HAWAIIAN
TELCOM IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE HAWAIIAN
TELCOM WEBSITE.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL HAWAIIAN TELCOM BE LIABLE TO ANY PARTY FOR (i)
ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES
ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY,
USE, RELIANCE ON, PERFORMANCE OF THE HAWAIIAN TELCOM WEBSITE,
PROVISION OF OR FAILURE TO PROVIDE THE HAWAIIAN TELCOM WEBSITE,
LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE
HAWAIIAN TELCOM WEBSITE OR YOUR USE AND RELIANCE ON
INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE HAWAIIAN
TELCOM WEBSITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN
OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE HAWAIIAN
TELCOM WEBSITE, EVEN IF HAWAIIAN TELCOM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION
IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THE HAWAIIAN TELCOM WEBSITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. IN SUCH STATES OR JURISDICTIONS, HAWAIIAN TELCOM'S
LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
5. RIGHT TO CHANGE, MODIFY OR TERMINATE WEBSITE
Without prejudice to any other rights that Hawaiian Telcom may have, Hawaiian Telcom
reserves the right and sole discretion to change, limit, terminate, modify at any time,
temporarily or permanently cease to provide the Hawaiian Telcom Website or any part
thereof to any user or group of users, without prior notice and for any reason or no
reason. In the event you or Hawaiian Telcom terminates this Agreement, you must
immediately stop using the Hawaiian Telcom Website.
6. INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights (including without limitation, copyrights, patents,
trademarks and trade secrets) in and to the Hawaiian Telcom Website (including but not
limited to, related software and including but not limited to any images, photographs,
animations, video, audio, music, text and "applets," incorporated into the software, and
any copies of the software), are owned by Hawaiian Telcom, its affiliates or suppliers.
All title and intellectual property rights in and to the information and content which may
be accessed through use of the Hawaiian Telcom Website are the property of the
respective content owner and may be protected by applicable copyright or other
intellectual property laws and treaties. This Agreement does not grant you any rights to
use such content, nor does it grant any rights to the Hawaiian Telcom Website other than
the right to use the Hawaiian Telcom Website according to the terms of the Agreement.
7. MANAGEMENT OF YOUR DATA
You are solely responsible for obtaining, installing, and maintaining suitable equipment
and software, including any necessary system or software upgrades, patches or other
fixes, which are or may become necessary to access the Hawaiian Telcom Website.
Minimum systems requirements apply to the use of the Hawaiian Telcom Website and it
is your responsibility to ensure your computer system complies with these requirements.
You are responsible for management of your information, including but not limited to
back-up and restoration of data, erasing data from disk space you control and changing
data on your router. You are also responsible for development and maintenance of any
security procedures you deem appropriate, such as logon security and encryption of data,
user ID and password on your router and firewalls, to protect your information. Hawaiian
Telcom is not responsible for back-up and restoration of your information or for any loss
of or disablement of access to your information, including without limitation, email and
address book information. In addition, you agree that information required by the
Website software (including any personalization information) and other identifying
information requested by Hawaiian Telcom or its portal supplier may be placed in our
user directory.
8. MISCELLANEOUS PROVISIONS
a. If any part of this document is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full force and
effect.
b. By transmitting, uploading, posting or submitting any information or material using
the Website Tools, you (i) represent that such information is not confidential, secret or
proprietary information belonging to someone else; and (ii) warrant that no other party
has rights to the information and that your transmission, posting, uploading or submission
of the information does not violate any copyright or other laws.
c. The Hawaiian Telcom Website contains third party links and it is provided by
Hawaiian Telcom only as a convenience to its users. Any Websites linked to or from the
Hawaiian Telcom Website are not reviewed, controlled, or examined by Hawaiian
Telcom and Hawaiian Telcom is not responsible for the contents of any linked site or any
link contained in a linked site. The inclusion of any linked sites or content from the
Hawaiian Telcom Website does not imply endorsement of the linked site or content by
Hawaiian Telcom. In no event shall Hawaiian Telcom be liable to anyone for any damage
arising from or caused, directly or indirectly, by the creation or use of a third party's
Website, or the information or material accessed through such Websites.
d. The terms of this Agreement apply only to your use of the Hawaiian Telcom Website
and do not apply to your use of any other Hawaiian Telcom product or service. The terms
and conditions applicable to such other Hawaiian Telcom products or services shall apply
to and govern your rights and obligations (and ours) with respect to your use of such
other products or services.
e. You and Hawaiian Telcom agree that the substantive laws of Hawaii, without
reference to its principles of conflicts of laws, will be applied to govern, construe and
enforce all of the rights and duties of the parties arising from or relating in any way
to the subject matter of this Agreement. YOU AND HAWAIIAN TELCOM
CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND
VENUE IN A COURT LOCATED IN HONOLULU, HAWAII, FOR ANY SUITS
OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR
INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO
THE HAWAIIAN TELCOM WEBSITE. Except as otherwise required by law,
including Hawaii laws relating to consumer transactions, any cause of action or
claim you may have with respect to the Hawaiian Telcom Website must be
commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred.
f. For your reference, you may refer to the copy of this Agreement that can be found on
support.hawaiiantel.net/policies/ located on Hawaiian Telcom's home page.
g. You agree to cooperate with Hawaiian Telcom and provide requested information in
connection with all security and use matters. You agree to notify Hawaiian Telcom
promptly if you suspect unauthorized use of the Service or of your User ID. You remain
liable for unauthorized use until your notification to Hawaiian Telcom at
WebsiteUse@hawaiiantel.net. You agree that your name, User ID, and other identifying
information may be placed in our user directory.
9. Hawaiian Telcom reserves the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or civil wrong. Such cooperation
may include, but not be limited to, provision of account or user information or email as
well as monitoring of the Hawaiian Telcom network.
10. Hawaiian Telcom may, but is not required to, monitor your compliance, or the
compliance of other subscribers, with the terms, conditions or policies of this Agreement.
APPENDIX I
Security Policy
Hawaiian Telcom Policy: HTP-525
Hawaiian Telcom respects your right to security. We adhere to a set of security principles
which form the basis of our security policy. If you have any questions or concerns about
our Security policies, please send us an email at InternetSecurity@hawaiiantel.net or send
a letter via US mail at the following address:
ATTN: Director of Security, 1 st Floor
Hawaiian Telcom Services Company, Inc.
PO Box 2200
Honolulu , HI 96841
How do I know I am on a secured site?
Every secure page on our Websites has been secured with a digital certificate by
Verisign. To view this certificate, click on image of the closed lock on the bottom bar of
your browser window. This certificate will show that you are sending your personal
information to Hawaiian Telcom.
How does Hawaiian Telcom prevent unauthorized access to my information?
Your password is set at a minimum of six characters, which provides added protection for
your personal information. On secured pages, this site uses SSL encryption up to 128-
bits.
Information that you share about yourself in chat rooms, message boards, instant
messaging communications and similar forums becomes immediately available to others
who have access to those fora. These areas are considered public spaces and Hawaiian
Telcom cannot protect the privacy of information disclosed therein. Please exercise
caution when disclosing personal information in theses areas.
What information is stored by the site or in cookies?
Registration information, bill and online shopping, data and contact email addresses are
not stored by the Hawaiian Telcom site. They are stored in the Hawaiian Telcom
databases, physically secure environments that are not accessible via the Internet. This
information is only available to you through the use of a secure ID and password, and the
information is transferred from our databases for your viewing.
A cookie is a small, encrypted data string our server writes to your hard drive that
contains your unique User ID for our Website. Cookies help us to identify returning
visitors to our Websites, which allow us to give you a more personalized, useful
experience on our Website. We use cookies to deliver web content specific to your
interests, to keep track of your order as you order services, and to control access to our
premium content. A cookie cannot be used to access or otherwise compromise the data
on your hard drive. You can choose to change your browser settings to disable cookies if
you do not want us to establish and maintain a unique Hawaiian Telcom User ID. Please
be aware that cookies may be required to complete certain functions on this Website,
such as ordering in our online store. To disable cookies, see next section.
Here is How to Set Your Cookie Preferences:
? Netscape Navigator 3.x: In the Options menu, select Network Preferences. In
Network Preferences, click on the Protocols tab and there you may choose to be
warned before accepting cookies.
? Netscape Navigator 4.x: In the Edit menu, select Preferences. In the Preferences
dialog box, in the left hand side menu, click on 'Advanced' and 4 options
concerning cookies will appear on the lower right. Choose Help for further
details. You can find more information about cookies and Netscape on the
Netscape Website.
? Microsoft Internet Explorer 3.x: In the view menu, select Options. Click on the
Advanced tab. You may choose to be warned before accepting cookies.
? Microsoft Internet Explorer 4.x: In the view menu, select Options. Click on the
Advanced tab and scroll down to a yellow triangle icon with an exclamation point
labeled 'Cookies' where you have 3 options.
? Microsoft Internet Explorer 6.x In the Tools Section Choose ?Internet Options?
then choose ?Privacy? and scroll the bar from ?Accept all Cookies? to ?Block all
Cookies?.
? Other Browsers: Contact the manufacturer of the browser for information.
Copyright 2006 Hawaiian Telcom Services Company, Inc. All rights reserved.
Start Here ? Register Your New Hawaiian Telcom Account
By registering your new Hawaiian Telcom account online you will have access to email as well as other value added services. IMPORTANT ? You will need to register a valid Hawaiian Telcom email address or hosted business email address to get FREE access to over 100 conveniently located WiFi spots across the state.
Keep Your Computer Safe
Download your FREE copy of McAfee Internet Security Suite. This is a proactive 10-in-1 always-updating security bundle that protects what you value, your identity and your computer from viruses, spyware, email and IM scams, hackers and online predators, and provides automated backup for important files. Use the promotion code that came with your modem package.
Switch Your Email
Switching from your current ISP to Hawaiian Telcom High-Speed Internet has never been so easy with TrueSwitch from Hawaiian Telcom.
Hardware Setup Diagram
See detailed instructions on how to setup either your wired or wireless modem and filters properly.
Need Help? See Our Frequently Asked Questions
If you have questions regarding the setup of your Hawaiian Telcom High-Speed Internet, email, or wireless modem see our Frequently Asked Questions.
System Requirements
Be sure that your computer has the sufficient hardware and settings needed to connect to Hawaiian Telcom High-Speed Internet service. Consult your system manual to get the appropriate specifications.
Contact Us
If you are having trouble getting your internet connection established please call us at 643-4375 for assistance. If you are connected, but your service seems to be having issues please contact our repair department online here.
Tutorials
Need some help setting up your Outlook or Mac mail accounts? Check out our online tutorials.
Remote Dial Up Access for High-Speed Internet
If you have a high-speed internet account you can set up a remote access dial up account. Register your new remote dialup access account here.
Dial up Only Customers
Register your new account here.
Dial Up Connection Numbers (nationwide)

HI - Big Island Hilo 808 933-2160

HI - Oahu Honolulu 808 942-2844

HI - Kauai Lihue 808 245-6403

HI - Maui Wailuku 808 244-6916

HI - Oahu Waipahu 808 677-2981
SYSTEM REQUIREMENTS
OPERATING SYSTEM	MINIMUM PROCESSOR SPEED	MINIMUM RAM	MINIMUM HARD DRIVE SPACE	MINIMUM MODEM SPEED
Microsoft Windows 98/98SE/ME	233 MHZ	32 MB	50 MB	14.4 Kbps
Microsoft Windows 2000 Pro	233 MHZ	128 MB	50 MB	14.4 Kbps
Microsoft Windows XP	300 MHZ	128 MB	50 MB	14.4 Kbps
Microsoft Windows Vista	300 MHZ	128 MB	50 MB	14.4 Kbps
Apple OS 9.X or Higher	300 MHZ	250 MB	50 MB	14.4 Kbps