Terms And Conditions - Cisco Hawaiian Telcom User Manual

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hAwAiiAn telCoM tv terMS AnD ConDitionS
Welcome to Hawaiian Telcom TV Service (the "Service"). Please review these Terms and Conditions carefully prior
to using the Service. Your use of the Service and the equipment provided to you for use with this Service is subject
to these Terms and Conditions. These Terms and Conditions, which incorporate by reference any rules and policies
applicable to the Service of which you have been notified, form an agreement between you and Hawaiian Telcom
Services Company, Inc. ("Hawaiian Telcom") relating to the Service. By using the Service, you are agreeing to these
Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE
SERVICE. For the purposes of these Terms and Conditions, "you" refers to the person or business whose name
appears on the Hawaiian Telcom bill.
1. What Hawaiian Telcom Will Provide
a) Hawaiian Telcom TV Service
Hawaiian Telcom will provide you with the ability to receive the video and audio programming of the Hawaiian
Telcom TV Service at your premises through the Hawaiian Telcom telecommunications network in accordance
with the distribution licenses held by Hawaiian Telcom. The Service will make available video on demand and
pay per view programming, interactive programming, and related personal video services and applications. You
acknowledge and agree that the Service must include certain minimum levels of programming required by federal
regulations and that such programming requirements may change from time to time without notice. You also
acknowledge and agree that from time to time certain programming channels may be suspended or cancelled,
that individual programs may be blacked out in your local viewing area due to restrictions imposed by the providers
of such programming, or the rights of United States programming, and that Hawaiian Telcom may at its discretion
substitute alternative programming to replace the suspended, cancelled or blacked-out programming. Your sole
remedy, available only when programming channels have been cancelled, is to cancel your subscription to the
programming package containing such affected channels, effective at the end of your current billing period. You
are responsible for the use of the Service at your premises by any person.
b) Equipment
Hawaiian Telcom will supply, install, maintain, and repair all facilities and equipment necessary to provide the
Service up to the point of connection with the facilities or equipment owned by you. All Hawaiian Telcom
equipment will remain the property of Hawaiian Telcom and must be returned to Hawaiian Telcom upon termination
of the Service. Hawaiian Telcom will continue to charge for the Service until all equipment is returned, or may bill
you for the cost of the equipment if your Service is terminated involuntarily, if the equipment is not returned to
Hawaiian Telcom within a reasonable amount of time after your Service is terminated, or if the equipment is lost,
stolen, or damaged. Hawaiian Telcom is not responsible for the maintenance or repair of facilities or equipment
owned by you, and does not guarantee that the Service will operate with all television sets, remote controls, home
theatre components or other audio/visual equipment. The Service requires electrical power to operate, which you
must supply at your expense, and you acknowledge and accept that you may lose service during a power outage
unless you supply, install, and maintain at your own expense a battery backup power system. Hawaiian Telcom
may, from time to time, offer you the right to purchase certain equipment necessary to receive the Service,
including, without limitation, set top boxes. If you choose to purchase such equipment from Hawaiian Telcom,
(i) the terms and conditions of such purchase shall be governed by Hawaiian Telcom's terms of sale for such
equipment, and (ii) you will provide access and otherwise permit Hawaiian Telcom to maintain and install software
upgrades on such equipment.
c) Billing
Hawaiian Telcom or its affiliate may deliver your monthly bill for the Service in an electronic format available via the
Internet, setting forth the charges incurred for use of the Service. Your monthly bill will be sent in paper form if
you do not request such electronic billing. If Hawaiian Telcom makes your monthly bill available over the Internet,
it is your responsibility to create an online account management profile, to subscribe to electronic bill notification,
and to check your online account every month for your bills. Regularly recurring charges are billed in advance and
charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still
responsible for making the required payment to Hawaiian Telcom. For questions or problems regarding your bill,
please call us at 643-4888.
d) Changes in Service
Hawaiian Telcom will inform you in advance of any change in the Service you receive, including changes in the
programming or the charges for the Service, by posting notice of the change at hawaiiantel.com/tv and/or by
sending you written notification via email, letter or your monthly/email bill notice.
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Terms and Conditions

e) Maintenance
You agree to provide Hawaiian Telcom's agents and employees with adequate access to your premises where you
receive the Service in order to inspect the Hawaiian Telcom facilities and equipment used to provide the Service
and to perform maintenance work. Hawaiian Telcom will provide reasonable notice of any such inspection or
maintenance work on your premises, except in cases of emergency.
f) Service Limitations
Hawaiian Telcom may refuse to provide the Service when the provision of the Service would necessitate unusual
expenses which you do not agree to pay, or is impractical because Hawaiian Telcom cannot reasonably acquire the
equipment, facilities or rights required to extend its network facilities to your premises. Hawaiian Telcom reserves
the right to change its telecommunications network at any time, which may result in changes to the rates for the
Service or to the availability of programming. Hawaiian Telcom assumes no liability whatsoever for any claims,
damages, losses or expenses arising out of any change to the availability of the Service in any of the circumstances
described in this paragraph.
2. Your Responsibilities
a) Requesting Service
After you request the Service, you will need to provide Hawaiian Telcom with a location on your premises to
provide access to the Services and to allow Hawaiian Telcom to enter your premises in order to install, maintain
and repair Hawaiian Telcom's facilities and equipment. You agree to pay any unusual expenses required to extend
Hawaiian Telcom's network facilities to your premises, including the cost of any trenching and backfilling work,
poles, conduits and other facilities and work required to extend its network facilities from your property line to
the point of access to the Service on your premises, and any expenses incurred to secure rights of way, access
and occupancy. You must supply all facilities and equipment necessary to connect your facilities and equipment
to Hawaiian Telcom's network facilities, including all wiring inside your premises. All facilities and equipment you
supply must meet all applicable federal technical standards for certification. If you cancel a request for the Service
after installation work has started, you will be charged the costs incurred for the installation, including the cost
of equipment, materials and supplies specifically provided or used for the installation, the cost of labor, fees for
engineering design and supervision, and any other expenses resulting from the installation and subsequent
removal work.
b) Compliance with Terms and Conditions
You agree to comply with these Terms and Conditions and agree that the use of the Service by other persons
will be in compliance with these Terms and Conditions. Hawaiian Telcom reserves the right to amend these
Terms and Conditions at any time. Hawaiian Telcom will notify you of any such amendments by posting notice
of the amendment at hawaiiantel.com/tv (the "Service Web Site"), and/or by sending you written notification via
email, letter or your monthly/email bill notice that the Terms and Conditions have been amended, directing you to
where the amendment may be reviewed. If you have access to the Internet, it is your responsibility to visit the
Service Web Site periodically to be aware of any amendments posted on the site, and you agree to review any
amendments about which you were notified via email, letter or your monthly/email bill notice. You are not obligated
to continue using the Service if you disagree with an amendment to the Terms and Conditions, and in the event you
choose not to accept an amendment, your sole remedy would be to cancel the Service, effective at the end of your
current billing period. Your continued use of the Service following any amendment will be deemed your acceptance
of the amended Terms and Conditions and agreement to pay for the Service in accordance with the amended
Terms and Conditions.
c) Your Account
You are responsible for all charges properly billed by Hawaiian Telcom to your account, including charges for all
video on demand and pay per view programming ordered from any set top box within your premises or via any
other method, regardless of who ordered such programming. You are responsible for setting and securing a
password on your set top boxes to prevent unauthorized purchases. All programming charge disputes must be
reported to Hawaiian Telcom within 30 days of the charge appearing on your Hawaiian Telcom bill if you do not
believe the programming in dispute was ordered from a set top box within your premises.
d) Acceptable Use
You may use the Service only at your premises and only for your own private home viewing. Your use of the
Service must be in compliance with applicable laws, and you may not redistribute or publicly display any portion
of the Service, or use the Service for any commercial purpose. You may not attempt to circumvent any encryption
technique or other copy protection method used to restrict access to programming on the Service. You may not
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