Terms and Conditions

This contract is between Hawaii Multimedia Corporation., a Hawaii corporation doing business as Rainbows Network(TM), hereinafter referred to collectively and singularly as Rainbows.Net, with its main office at 1019 University Avenue, Suite 2A, Honolulu, HI 96826 and the person listed above whose principal address is also listed above, hereinafter referred to as the Customer, for the provision by Rainbows.Net , or its subcontractors, of certain electronic communications in exchange for the payment of fees and compliance with the conditions stated herein.

Service

1. Rainbows.Net shall provide PPP to internet access services at maximum rates of 33.6k bits per second via analog connection, 56k bps via a digital X2 or 56K flex modem connection, or up to 128k bits per second via 2 channel ISDN connection as chosen by the customer. Actual throughput rates are not guaranteed due to the nature of of the Internet and and existing phone line capabilities.
2. Rainbows.Net shall provide up to five (5) megabytes of data storage per account. Arrangements can be made for additional space subject ot availability and for an additional charge. Pricing for additional space varies with quantity and term. Rainbows.Net will not be responsible for denial of storage above the customer's quota.
3. Due to inherent instability of the Internet and network dial-up connections, Rainbows.Net will not be responsible for any consequential or subsequential direct or indirect damages or loss resulting from any direct or indirect network outages. customers may apply for a prorated refund of the monthly access if there is a total downtime of the internet feed, if such downtime lasts in excess of one continuous twenty-four (24) hour period. In such a case, proration will be done on an accrued whole day (24 hours) period only. Such refund will be applied as a credit toward the next monthly access fee due, unless otherwise arranged.

Limitation of Liability

In no case shall Rainbows.Net and its officers or its representatives be responsible for any consequential or subsequential damages or loss resulting either directly or indirectly from any activity on Rainbows.Nets system. Rainbows.Net is known to be a "common carrier" and as such is not responsible for the content, accuracy or inaccuracy of any information gathered from the Customer's use of Rainbows.Net's system. All information is provided as-is without any regard for merchantability or fitness for any particular purpose.

Acceptable Use

Rainbows.Net makes no restrictions on usage provided that such usage is legal under the laws and regulations of the State of Hawaii and the United States of America, that usage follows Rainbows.Net's Acceptable Use Policy and that this does not adversely affect the customer. The Customer is responsible for obtaining and adhering to the Acceptable Use Policies of any network accessed through Rainbows.Net's Acceptable Use Policy is displayed on the Rainbows.Net's home page.

Payment / Non-payment

1. All Payments shall be paid in the legal currency of the United States of America. If any payment obligation is not paid in a timely manner, the Customer agrees and promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit commences as part of the collection process.
2. If any of the following events of default occur, this agreement and any other obligations of the Customers to Rainbows.Net, shall become due immediately, without demand or notice:
   1. Death to the customer.
   2. The filing of bankruptcy proceedings involving the customer as a debtor.
   3. The application for appointment of a receiver for the customer's creditors.
   4. The making of a general assignment for the benefit of the customer's creditors.
   5. The insolvency of the creditor, or
   6. The misrepresentation by the customer to Rainbows.Net for the purpose of obtaining or extending credit.
3. If determined by either Rainbows.Net that the account and access should be put on hold for any reason, including but not limited to non-payment of account, the customer agrees to pay a $20.00 reinstatement fee when the account is reactivated. customer's, who choose to place their account on hold, agrees to pay a $10.00 reinstatement fee when the account is reactivated.

Access Code

Once a log-on name, or access code, has been assigned, neither the customer nor Rainbows.Net has the right to reassign the name to another individual without the written consent of both parties. The log-on name is for the customer only, and the customer acknowledges that he is responsible for payment assigned to that log-on name, whether the customer or another party uses it. Once an account has been canceled, Rainbows.Net reserves the right to reissue the assigned log-on name or access code.

Severability

If any provisions of this contract is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the contract shall remain in full force and effect.

Jurisdiction

The validity, construction, and performance of this contract shall be governed by the laws of the State of Hawaii and the United States of America.

Renewal of Services

All accounts will be renewed on the payment plan that the customer has requested on the sign-up form, unless otherwise stated or of the account has been canceled by the customer.

Entire Agreement

This contract represent the complete agreement and understanding of the parties with the respect to the subject matter herein, and supercedes any other agreement or understanding, oral or written. This contract may be modified only by verifiable authenticated document, hardcopy or electronic, signed by the parties hereto.

I have read, understand and agree to abide by all the terms stated above in this agreement.