For HMSA Customer use only.
HMSA employees, contractors, consultants, and those of HMSA’s subsidiaries, affiliates and third-party administrators, with an HMSA issued network login (HM#) are not permitted to use this network.
Terms & Conditions of Service
BY USING THE HMSA PUBLIC WI-FI INTERNET SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE A BINDING AGREEMENT BETWEEN YOU AND HMSA.
Personal Use Only
You may use the service provided to you by Hawaii Medical Service Association (HMSA) for the sole purpose of accessing the Internet while at one of HMSA’s places of business conducting business with HMSA. HMSA will provide you with a password to access the HMSA Public Wi-Fi and it may change or be time restricted. You may not use the HMSA Public Wi-Fi for any other reason. Examples of prohibited activities include, without limitation:
- Child Pornography: It is illegal under federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving persons under the age of 18.
- Inappropriate Content: Using the services to transmit, distribute, redirect, or store material that, as reasonably determined by HMSA, is inappropriate, obscene, defamatory, libelous, threatening, abusive, hateful or which contains or incites violence.
- Denial of Service: Engaging in activity that may or will interfere with the service of another user, host or network on the Internet. Users are also prohibited from activity considered a precursor to attempted security violations including, but not limited to, any form of scanning, probing, or other testing or information gathering activity.
- Distribution of Viruses, Worms, Trojans or other Malware: Distribution of software, programs or messages that may cause damage or annoyance to persons, data, and/or computer systems.
- Forging Headers: Forging or misrepresenting a message header of an electronic transmission originating or passing through HMSA’s network.
- Email Spamming [or Mailbombing]: The transmitting of unsolicited email to multiple recipients, sending large amounts of email repeatedly that annoys, harasses or threatens another person or entity, or attempts to use HMSA servers as a mail drop or name server for SPAM or sending unsolicited bulk email from another Internet service provider’s network advertising or implicating any service hosted or provided by HMSA, including without limitation email, web hosting, FTP and DNS services. The sending of email with added words/characters in an attempt to bypass Bayesian filters is prohibited.
- Fraudulent Activities: Fraudulent activities includes, but is not limited to, intentional misrepresentations or misleading statements, writings or activities made with the intent that the person receiving it will act upon it; obtaining services with the intent to avoid payment; and hosting of phishing websites.
- Unauthorized Access: Unauthorized access includes the illegal or unauthorized access to other computers, accounts, or networks; accessing or attempting to access computer resources belonging to another party; attempting to penetrate security measures of other systems; devising ways to circumvent security in order to access unsubscribed services; using the services in a manner that encumbers disk space, processors or other system resources; and/or interfering with a service or overloading a service.
- Network Sabotage: Use of HMSA products and services in a manner that interferes with others’ use of the Internet or HMSA’s network.
- Pyramid Schemes: Use of a fraudulent system of achieving financial gain, which requires an endless stream of recruits for success.
- Unlawful Acts: Use of HMSA products and services to violate the law or in aid of any unlawful act.
- Non-email Based Spamming: Posting of messages to newsgroups/blogs/services that are irrelevant, blanket posting of messages to multiple newsgroups/blogs/services, and the posting of annoying, harassing and/or threatening messages. Violation of any rules, policies or charters posted online by any search engine, subscription web service, chat area, bulletin board, webpage, or any other service accessed via the HMSA network is prohibited.
- Facilitating a Violation of these terms: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to allow a user to violate these terms. This includes, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
- You may not transmit, retransmit, redirect, or store material in violation of Federal or state laws or regulations, industry or community standards, including, but not limited to, obscenity, indecency, defamatory or material infringing trademarks or copyrights.
Changes in HMSA Terms of Service and HMSA Public Wi-Fi; Termination
We reserve the right to modify the HMSA Public Wi-Fi service and these Terms and Conditions of Service and any accompanying policies, for any reason, and without notice, including the right to terminate the service with or without notice. HMSA reserves the right to terminate your access to the HMSA Public Wi-Fi service immediately and without notice at its sole discretion. Please review these HMSA terms of service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by HMSA to you shall terminate.
We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our Wi-Fi service, and to access, provide, and disclose your demographic account information and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property).
You agree to abide by all of the terms of the internet service provider from whom HMSA obtains service. Any violation of those terms is a violation of this agreement. Currently that service provider is Time Warner Telcom, and the terms are located at http://www.twtelecom.com/support-information/legal-information/acceptable-use-policy/ . You understand that HMSA Public Wi-Fi, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of HMSA Public Wi-Fi. You agree that you are responsible for providing security measures that are suited for your intended use of HMSA Public Wi-Fi. For example, you shall take full responsibility for taking adequate measures for safeguarding your data from loss. Also, other than the Wi-Fi signal provided by HMSA, you must provide all equipment, technology and software to use HMSA Public Wi-Fi.
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. HMSA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HMSA DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER HMSA OR ITS OFFCIALS, REPRESENTATIVES, EMPLOYEES AGENTS OR AFFILIATES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE AND WHETHER OR NOT FORESEEABLE. In addition, HMSA and its officials, representatives, employees, agents or affiliates will not be responsible for any damages, losses, expenses or costs that you suffer AS A RESULT OF: (i) any interruption or failure of the Services OR Products; (ii) the downloading or use of any information, data or materials obtained via the Services OR FROM THE Internet; (iii) any failure to complete a transaction on the Internet OR USING THE SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) ANYTHING BEYOND THE REASONABLE CONTROL OF THE HMSA, INCLUDING BUT NOT LIMITED TO any interruption or failure of a third party’s services, software, equipment or network; (v) any unauthorized use or modification of Services or Products or combination of Services or Products with other services, products or equipment; (VI) viruses, worms, Trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to your data, web-site, computers, or networks.
You agree to defend, hold harmless and indemnify the HMSA, its officials, representatives, employees, agents or affiliates from and against any third party claim arising from or in any way related to your use of HMSA Public Wi-Fi, including any liability, damages or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Governing Law and Arbitration
These HMSA Terms and Conditions of Service, its construction and interpretations shall be governed by and enforced in accordance with the laws of the State of Hawaii, except to the extent federal law supersedes or preempts state law. You agree that the sole venue and jurisdiction for disputes arising from these Terms and Conditions shall be in Honolulu, Hawaii and hereby submit to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision or portion of the HMSA Terms and Conditions of Service to be unenforceable, the remainder of the HMSA Terms and Conditions of Service will continue in full force and effect.
Arbitration. If any dispute arises between you and HMSA (the “Parties”) arising out of these Terms, the Parties shall settle the dispute by binding arbitration in Honolulu, Hawaii pursuant to the Hawaii Uniform Arbitration Act, HRS ch.658A and in accordance with the rules of Dispute Prevention & Resolution, Inc. (“DPR”), or such other arbitration rules as the parties mutually agree to, to the extent those rules are not inconsistent with the provisions below:
- DPR will conduct the arbitration, unless the Parties agree upon another arbitration service within thirty (30) calendar days of receipt of the initial request for arbitration.
- The arbitrator may hear and determine motions for summary disposition pursuant to HRS 658A-15(b). The arbitrator shall also hear and determine any challenges to the arbitration agreement and any disputes regarding whether a controversy is subject to an agreement to arbitrate.
- In order to make the arbitration hearing fair, expeditious and cost-effective, discovery by both parties shall be limited to requests for production of documents material to the claims or defenses in the arbitration. Limited depositions for use as evidence at the arbitration hearing may occur as authorized by HRS §658A-17(b).
- The Parties will split the costs of the arbitration including the arbitrator’s fee, any costs of a reporter and transcript and the fees of an arbitration service. Each party shall pay its own attorney and witness fees, provided that the arbitrator may award attorney fees and costs in an amount authorized by law to a prevailing party related to any claim or contention of a non-prevailing party, that the arbitrator determines was frivolous or wholly without merit.
- The decision of the arbitrator shall be binding on the Parties. Either party may move for judgment to be entered in a court of competent jurisdiction. No action may be brought in any court in connection with this decision except as stated in the Hawaii Uniform Arbitration Act.
- There shall be no consolidation of parties in the arbitration proceeding.
- The arbitrator may award any remedy that can be granted by a court in like circumstances, provided that no award of punitive damages or exemplary damages shall be made.
Nothing in this Agreement shall prevent the parties from settling any dispute by mutual agreement at any time.
These HMSA Terms and Conditions of Service, including HMSA’s Privacy Statement constitute the entire agreement between the parties and supersede and replace all prior understandings or agreements, written or oral, regarding HMSA Public Wi-Fi. Any waiver of any provision of the HMSA Terms and Conditions of Service will be effective only if in writing and signed by the Chief Operating Officer of HMSA.
Acceptance of Agreement by Use
You acknowledge that you have read and understood, and you agree to, each of the provisions in this “HMSA Public Wi-Fi Terms and Conditions of Service” document, and you represent and warrant that you are of legal age and authorized to enter a binding agreement and to accept and agree to become bound by the terms of this document. The agreement applies to you and to anyone who uses the HMSA Public Wi-Fi from your computer or other device. By initiating, activating or using the HMSA Public Wi-Fi from your computer or other device, you will have been deemed to have accepted the current version of the provisions of this “HMSA Public Wi-Fi Terms and Conditions of Service” document. If you do not agree to the terms of this document, you may not use the HMSA Public Wi-Fi from your computer or other device.