TERMS OF SERVICE:

1. Agreement: This is an agreement between Hawaii IPTV and the Customer (the "Agreement"), to provide access to Hawaii IPTV broadcasts, Video on Demand and video related services (the "Services"). By (i) the Customer's submission of an online order; (ii) Customer's acceptance of the Terms of Service electronically during registration; or (iii) Customer's use of Services, you agree to be bound by this Agreement, including future revisions and to use the Services in compliance with the then current Hawaii IPTV Authorized Use Policy. 

2. Authorized User, Use, and Responsibility: Customer acknowledges that he or she is 18 years of age or older, and has the legal authority to enter into this Agreement and affirms that the information Customer supplied is correct and complete. Customer understands that Hawaii IPTV relies on the information Customer supplies and that providing false or incorrect information may result in provisioning or delivery delays or the suspension or termination of Customer's Services. Customer agrees to promptly notify Hawaii IPTV whenever Customer's personal or billing information changes (including for example, Customer name, address, telephone number, and credit card number and expiration date). 

3. Term: This Agreement goes into effect upon Customer's acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement. This is a 1 year service agreement from the start billing date of this agreement and will automatically be renewed on the anniversary of this agreement unless canceled by Hawaii IPTV or the Customer through proper notification. Customer will have a 30 day period (from time of purchase) to cancel service and return the equipment in working order to receive a reimbursement for the purchase price of the STB and any monthly or annual subscription fees paid during the term. Customer will not be reimbursed for the activation fee and shipping and handling fees. 

4. Payment of Charges: 
A. Customer will provide Hawaii IPTV with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while Customer's membership is active. Hawaii IPTV will automatically charge Customer's designated credit card for subscription fees, one-time equipment fees and deposits, applicable service fees, shipping and handling fees as may occur during the course of Customer's membership and any additional charges related to their Hawaii IPTV service. Types of fees for which credit card payment will be utilized include: 

i. For Monthly Subscriptions, Hawaii IPTV will automatically charge the Customer's designated credit card a one time fee at the time of purchase for the STB and a one time fee to activate the service plus a charge each month for the balance of that month's fees. Customer will be billed monthly at the beginning of each calendar month for the Monthly Subscription Fee. In addition, Customer will be billed monthly for Video on Demand (VOD) based on actual usage or orders placed during the previous month if applicable, however, each title will be charged only once during the same calendar month. Billing for new Monthly Subscriptions will begin on the earlier of (i) seven (7) days after the date Hawaii IPTV receives and processes the new order or (ii) the date Customer starts using the Services. If the billing start date falls in the middle of the month, Customer will be charged the full monthly fee at the beginning of the next month and a pro-rated fee for the partial month subscription. Applicable sales, usage, and other taxes may apply to these transactions and will be charged in accordance with applicable state and local law. Customer agrees to pay any such taxes, in addition to the monthly balance for Services and Equipment provided. Customer must pay all undisputed monthly charges as itemized on the Hawaii IPTV monthly statement and/or notify Hawaii IPTV of disputed items within thirty (30) days of receipt, or such greater amount of time as permitted by law. Customer authorizes Hawaii IPTV to automatically debit the Customer's credit card on record each month for the balance of that month's subscription fee, any additional VOD usage fees, taxes and any other fees. 

ii. For Annual Subscriptions, Hawaii IPTV will automatically charge the Customer's designated credit card the one time fee to purchase the STB and the one time activation fee plus the Annual Subscription Fee at the time the order is received, however, the billing start date will begin on the earlier of (i) seven (7) days after the date Hawaii IPTV receives and processes the new order or (ii) the date Customer starts using the Services. Hawaii IPTV will provide Customer access to the Services for the 12 consecutive month period beginning from the billing start date.. At the end of the Annual Subscription period, Customer has the option to: (a) prepay for another Annual Subscription; (b) change to a Monthly Subscription; or (c) cancel. If Customer does not specifically elect one of the aforementioned options at least thirty (30) days before the expiration of the Annual Subscription period, Customer's subscription will automatically renew for another Annual Subscription of the same package at the current price in effect at the time of renewal. Customer authorizes Hawaii IPTV to automatically debit Customer's credit card for all fees under the Annual Subscription for that package. Hawaii IPTV Customers under Annual Subscription will be billed monthly for any applicable VOD fees for VOD orders placed during the previous month in addition to the initial Annual Subscription Fee. 

iii. Shipping and Handling, and Applicable Service Fees, Hawaii IPTV will automatically charge the Customer's designated credit card for shipping and handling fees, as well as applicable service fees that Customer has pre- approved either during Customer's initial subscription order or during the course of Customer's usage of Hawaii IPTV. Customer acknowledges and agrees that ALL shipping and handling, and applicable service fees are non-refundable. 

B. Hawaii IPTV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Hawaii IPTV. If the charge transaction against the credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), Hawaii IPTV will disable access and Customer agrees to pay all amounts due upon demand by Hawaii IPTV. Customer may access and view monthly statements online through his or her Hawaii IPTV account. Every time Customer uses a Hawaii IPTV Service, Customer reaffirms that (i) Hawaii IPTV is authorized to charge Customer's designated credit card; (ii) Hawaii IPTV may submit charges incurred under Customer's account for payment; and (iii) Customer will be responsible for such charges, even if Customer's membership is canceled or terminated. 

5. Renewal Unless cancelled in accordance with Section 19 of this Agreement: Monthly Subscriptions will automatically renew on the anniversary of this agreement’s billing start date at the then prevailing subscription fee for the same package and Annual Subscriptions will automatically renew at the completion of the pre-paid Annual Subscription period as calculated from that period's billing start date at the then prevailing subscription fee for the same package. 

6. Communication Charges: Customer is responsible for obtaining and maintaining at Customer's expense all equipment and services needed to access Hawaii IPTV Services. Customer is also responsible for any communication charges incurred by accessing Hawaii IPTV Services through a third-party network, such as a cable or wireless carrier. 

7. Disruption of Service: In no event shall Hawaii IPTV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond Hawaii IPTV's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), Hawaii IPTV, upon prompt notification of such failure or interruption from Customer, will either provide Customer with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. Hawaii IPTV shall not be liable for any incidental or consequential damages. 

8. Repair of Hawaii IPTV Equipment: For one year from the start billing date of this agreement, Hawaii IPTV will repair and/or replace defective Equipment as long as such damage was not caused by misuse or other improper operations or handling by Customer. Hawaii IPTV is not responsible for the maintenance or repair of Customer-provided equipment, including by not limited to television sets, VCRs or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. A service charge may be imposed if damage to Hawaii IPTV Equipment is due to negligent use or abuse or if no fault is discovered in Hawaii IPTV's system or Equipment. Hawaii IPTV makes no warranties, with respect to Equipment or Services provided by Hawaii IPTV or with respect to the Equipment's compatibility with any Customer-owned equipment. 

9. Customer Property: Hawaii IPTV assumes no responsibility for the condition or repair of any Customer-provided equipment. Customer is responsible for the repair and maintenance of any Customer-provided equipment. 

10. Customer Information: Hawaii IPTV maintains Customer-supplied personal identification information for the purpose of account management, billing and collections, and customer support and service management. Hawaii IPTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of Hawaii IPTV Services.

11. Reproduction of Programs: Customer agrees that the programs provided by Hawaii IPTV will be utilized solely for Customer's personal, non-commercial use and will not be duplicated except in compliance with applicable law.

12. Hawaii IPTV's Rights: 
A. Hawaii IPTV has no obligation to monitor content or Services accessible by means of the Hawaii IPTV STB or wireless card. However, Customer acknowledges and agrees that Hawaii IPTV has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers. 

B. Hawaii IPTV shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of Hawaii IPTV's Equipment and Services. 

13. Care of Hawaii IPTV Property: Customer agrees that neither Customer nor any other person (except Hawaii IPTV's authorized personnel) will open, tamper with, service, make any alterations to, or remove any Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of Services and is prohibited. 
16. Assignment or Transfer: This Agreement and the Equipment are not assignable or otherwise transferable by Customer. 

14. Cancellation: Cancellation of Customer's Monthly Subscription following the 30 day trial period and prior to the completion of the 1 year service agreement will be subject to a cancellation fee equal to the monthly subscription cost multiplied by the remaining number of months on the service contract. This amount will be charged to the customer’s credit card upon cancellation of service. Customer can cancel this service at the end of the 1 year service agreement without penalty. 

15. Breach of Agreement: If Customer breaches this Agreement or fails to abide by Hawaii IPTV's rates, rules and regulations, Hawaii IPTV, at its option, may terminate the Services and remove the Equipment. Failure of Hawaii IPTV to remove such Equipment shall not be deemed abandonment thereof. Customer shall pay reasonable collection and/or attorney's fees to Hawaii IPTV in the event that Hawaii IPTV shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. 

16. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of Hawaii IPTV and are subject to change at any time in accordance with applicable law. 

17. Disclaimer: Hawaii IPTV assumes no liability for any program or information distributed over the system unless locally produced by Hawaii IPTV. Hawaii IPTV shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by Hawaii IPTV. 

18. Limitation of Liability: Hawaii IPTV does not warrant that the Services or Equipment provided by Hawaii IPTV will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Hawaii IPTV. In no event shall Hawaii IPTV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) 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 Services, 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 Hawaii IPTV has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party. 

19. Choice of Law: Customer and Hawaii IPTV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and Hawaii IPTV, shall be construed by and covered under and in accordance with the laws of the State of Hawaii without reference to its principles of conflicts of laws.