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Terms of Use

Overview

This Directory is operated by Connect96792, a project of the Waianae Economic Development Council (WEDC), a 501(c)(3) non-profit registered in the State of Hawaii. Throughout the site, the terms “we”, “us” and “our” refer to WEDC and Connect 96792. All information, tools and services available from this site to you, the user, will be conditioned upon your acceptance of all terms, conditions, policies and notices stare here.

By visiting our site and/or purchasing a plan from us, you engage in our “Service” and agree to be bound by the following terms and conditions(“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our directory. We have the right to make changes and additions to the Terms of Service at any given time. We will update the information periodically. Our directory is hosted by WordPress.

Service Eligibility

To be eligible to use the Service, you must meet the following criteria and you hereby represent and warrant that you: (1) are 18 years of age or older; 2) are living in the 96792 zip code 3) will not violate any rights of WEDC and Connect96792, including intellectual property rights such as copyright or trademark rights.

Term

The initial service term of the Agreement shall begin on the date that Connect96792 generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless Customer provides the written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

Payments

  • Fees for Upgrades.
  • Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be semi-annual or annual as indicated on the Order, beginning on the Service Commencement Date. Invoiced fees may be issued 14 days before the 1st day of each billing cycle, and the fees shall be due on the 1st day of the month. Payments must be made in United States dollars. Customer is responsible for providing Connect96792 with changes to billing information (such as credit card expiration, change in billing address) At its option, Connect96792 may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Connect96792 may charge interest on overdue amounts at the lesser of 2.5% per month or the maximum non-usurious rate under applicable law. Connect96792 may suspend the service without notice Connect96792 if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Connect96792 reasonable reinstatement fee following a suspension of service for non-payment, and to pay Connect96792 reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
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  • Fee Increases. 
  • Connect96792 may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
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  • Early Termination.
  • Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Connect96792 terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Connect96792 breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
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  • Refunds.
  • The Service is billed in advance on a monthly, yearly, or otherwise defined term or period of time basis and is non-refundable unless requested within forty-eight (48) hours from the original purchase. Any refund requests following the initial 48-hour grace period will not be approved. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Promotional purchases are not eligible for refunds. In order to treat everyone equally, no exceptions will be made.

Customer Information

Customer represents and warrants to Connect96792 that the information he, she or it has provided and will provide to Connect96792 for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Connect96792 that he or she is at least 18 years of age. Connect96792 may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contact. 6 Indemnification. Customer agrees to indemnify and hold harmless WEDC and Connect96792, WEDC contractors affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

WEDC AND CONNECT96792 DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW WEDC AND CONNECT96792 DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF WEDC and Connect96792 AND ANY OF ITS EMPLOYEES,CONTRACTORS, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

Suspension/Termination

  • Suspension of Service.
  • Customer agrees that Connect96792 may suspend services to Customer without notice and without liability if:
  1. Connect96792 reasonably believes that the services are being used in violation of the AUP;
  2. Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
  3. Connect96792 reasonably believes that the suspension of service is necessary to protect its network or its other customers, or
  4. as requested by a law enforcement or regulatory agency. Customer shall pay WEDC and Connect96792 reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
  • Termination. 
  • The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if WEDC and Connect96792 fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by WEDC and Connect96792 prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Connect96792 describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Requests for Customer Information

Customer agrees that WEDC and Connect96792 may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that WEDC and Connect96792 believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Changes to WEDC and Connect96792 Network

Upgrades and other changes in WEDC and Connect96792 network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. WEDC and Connect96792 reserves the right to change its network in its commercially reasonable discretion, and WEDC and Connect96792 shall not be liable for any resulting harm to Customer.

Notices

Notices to Connect96792 under the Agreement shall be given via electronic mail to info.connect96792@thewedc.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majeure

WEDC and Connect96792’s control shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond WEDC and Connect96792 control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing Law/Disputes

The Agreement shall be governed by the laws of the State of Hawaii, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN HONOLULU, HAWAII, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.