Waikiki Business Plaza Public Wi-Fi

Waikiki Business Plaza Wi-Fi Terms and Conditions (T&C)

Welcome to the wireless Internet access system (“Wi-Fi System”) at the Waikiki Business Plaza (“WBP”). These “Terms and Conditions (T&C) of Use”, govern your rights and responsibilities and our rights and responsibilities relating to the use of the Wi-Fi System at the Waikiki Business Plaza.

  1. Acceptance of Terms and Conditions of Use:

BY CLICKING ON “ACCEPT” ON THE WI-FI SYSTEM LOGON PAGE, YOU REPRESENT that:

YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND

YOU ARE AT LEAST 18 YEARS OF AGE AND ARE AN ACTIVE TENANT OF WAIKIKI BUSINESS PLAZA

If you do not agree to the terms of this Agreement, you may not use the WiFi System. Your electronic acceptance of the Agreement by clicking on “ACCEPT” on the logon page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you click on “ACCEPT”.

Acceptance of T&C’s by Use: Your electronic acceptance and use of Waikiki Business Plaza’s Wi-Fi constitutes your acceptance of the T&C’s. Your electronic acceptance of the T&C’s shall have the same force and effect as if you had actually signed the T&C’s. The effective date of this Agreement is the date that you first used the Wi-Fi System.

  1. Description of Wi-Fi System:

The Wi-Fi System is provided at locations selected solely by Waikiki Business Plaza “free of charge” as a service for active tenants of Waikiki Business Plaza.

  1. Your Responsibilities:

You must (1) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Wi-Fi System, (2) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. Waikiki Business Plaza does not undertake the security of any data you send through the Wi-Fi System and it is your responsibility to secure such data.

  1. Wi-Fi System Availability:

Actual Wi-Fi System wireless access, coverage, speeds, locations and quality may vary. The Wi-Fi System is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. Waikiki Business Plaza is not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Wi-Fi System or communications services or networks. Waikiki Business Plaza may impose usage limits, suspend access, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data transmitted or received is not guaranteed; delays or omissions may occur.

  1. Acceptable Use Policy:

From time to time, Waikiki Business Plaza may impose reasonable rules and regulations regarding the use of its services. All users of the Wi-Fi System must comply with this Acceptable Use Policy (AUP). The rules under the AUP are not exhaustive and Waikiki Business Plaza reserves the right to modify these. You agree to abide by these rules. Any violation of these rules may result in the suspension or termination of your service. Any unlisted activity may also be a violation of these rules if it is illegal, irresponsible, or disruptive to the network and/or operations of Waikiki Business Plaza. Please visit https://waikikibusinessplaza.com/aup/ to see the full policy.

  1. Disclaimer of Warranties:

THE WI-FI SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. WAIKIKI BUSINESS PLAZA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SOFTWARE VIRUSES OR OTHER HARMFUL COMPONENTS. WAIKIKI BUSINESS PLAZA MAKES NO EXPRESS WARRANTIES AND USERS WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH WAIKIKI BUSINESS PLAZA OR THE INTERNET GENERALLY. USERS EXPRESSLY ACKNOWLEDGES THAT THERE ARE, AND ASSUMES ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND WAIKIKI BUSINESS PLAZA DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY WAIKIKI BUSINESS PLAZA OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

  1. Limitation of Liability:

Waikiki Business Plaza, ITS EMPLOYEES, AGENTS, VENDORS, AND LICENSORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WI-FI SYSTEM OR THE INTERNET, SPECIFICALLY INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

  1. Privacy:

Use of the Waikiki Business Plaza Wi-Fi System constitutes consent to monitoring, retrieval, and disclosure by authorized personnel, and the user acknowledges that he/she is subject to, and agrees to abide by, all laws, rules, and regulations of the federal and state government that are applicable to Internet use. Inappropriate use may subject violators to criminal, civil and/or disciplinary action. USERS HAVE NO REASONABLE EXPECTATION OF PRIVACY IN THE USE OF THIS SYSTEM.

  1. Termination:

You agree that Waikiki Business Plaza may terminate this Agreement and cancel your access to the Wi-Fi System at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of termination for any reason, Waikiki Business Plaza will have no liability for termination, and no obligation to you.

  1. Modifications:

Waikiki Business Plaza may, at its sole discretion, modify the terms and conditions of this Agreement, including the AUP, at any time and without notice. Such modifications shall be binding and effective upon posting to https://waikikibusinessplaza.com/wifi-terms-and-conditions/. You agree to periodically review this page to maintain awareness of any modifications. By continuing to use the Wi-Fi System after such postings, you accept and agree to any and all such modifications.

  1. Indemnification:

You shall defend, indemnify and hold Waikiki Business Plaza and its respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against any and all losses, claims, damages, settlements, costs and liabilities, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Wi-Fi System or any breach of this Agreement.

  1. Entire Agreement and Applicable Law:

The T&C’s represents the final and entire agreement between Users and Waikiki Business Plaza regarding the Wi-Fi System. You represent that you are of legal age and have the legal capacity to agree to the T&C’s. The T&C’s are governed by the laws of the State of Hawaii, foreign laws do not apply.