POLICIES

The Island of Hawai’i YMCA dba Island of Hawai’i YMCA (hereinafter “YMCA”) – Acceptable Use and Terms of Service Policy: rev 01-2025

You understand that all information, data, text, software programs, music, sound, photographs, graphics, video, messages or other materials (collectively “Content”), whether publicly posted on your website or privately transmitted via email or in any other manner, is the sole responsibility of the person from which such Content originated. This means that you, and not YMCA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. Under no circumstances will YMCA be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available.

YMCA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via our services. Without limiting the foregoing, YMCA and its designees shall have the right to remove any content that violates this Registration Agreement or is otherwise objectionable. Further, you acknowledge and agree that YMCA may preserve content and may also disclose such content if required to do so by law or upon the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Registration Agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of YMCA, its users and the public. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by YMCA, or submitted to YMCA, including without limitation information in Message Boards and all other parts of our services.

You agree to:
a. not upload, post, email, transmit or otherwise make available (collectively, “Transmit”) any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. not harm to minors in any way;
c. not impersonate any person or entity, including, but not limited to, a YMCA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted;
e. not transmit any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. not transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. not transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. not transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. not interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks;
k. not relay email from a third party’s mail servers without the permission of that third party.
l. not use “robots” or otherwise harvesting other’s email addresses from the YMCA site for purposes of sending unsolicited or unauthorized material.
m. not upload, post, email, or transmit the same message, URL, or post multiple times.
n. not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
o. not “stalk” or otherwise harass another; or
p. not collect or store personal data about other users.

Unsolicited email prohibited; consequences of sending unsolicited email:

Unsolicited email prohibited. You are strictly prohibited from mass-mailing unwanted email advertisements or solicitations of any type (e.g. SPAM, UCE) (collectively, “Unsolicited Email”). Further, in conjunction with all state and federal laws (which you should be aware of and in compliance with when sending out any mail), YMCA prohibits a person from sending out or conspiring with another to initiate the transmission of Unsolicited Email that: (a) uses a third party’s internet domain without permission of the third party, (b) misrepresents or obscures any information in identifying the point of origin, IP address, or the transmission path of a commercial electronic mail message; (c) contains false or misleading information in the subject line or inappropriate/adult material (as determined by YMCA) in the message body; (d) contains an ineffective opt-out procedure; or (e) uses an email list without knowledge of its source. Any user that is a sender of an email that is in violation of the rules in this agreement and/or any law or regulation is required to indemnify and hold YMCA harmless due to the sender’s act or omission in sending the email.

Right to Disable Account or Domain. If you send Unsolicited Email and/or are listed on a public spam database, YMCA reserves the right, in its sole discretion, to immediately disable any domain or user account that allegedly sent such unsolicited email(s) in order to forestall further abuse or damage to email systems. Unsolicited Email sent from other networks that reference email accounts of domains registered by YMCA shall be considered to have originated from the account referenced, unless compelling reasons are provided to YMCA, such that YMCA believes that the Unsolicited Email originated with an unrelated third party.

Single complaint of Unsolicited Email. If YMCA receives a complaint regarding Unsolicited Email, YMCA will reasonably investigate the claim by, among other things, contacting the administrative contact and/or the account owner of the domain at the listed email address. If there is no response within five (5) days of our request, YMCA will, in its discretion, take such action as it deems warranted to prevent further sending of Unsolicited Email, including but not limited to suspending and locking the domain. If the domain registrant wishes to reinstate the domain after a ‘lock’ is in place, it must apply to do so with YMCA, take such remedial measures as YMCA may request, and YMCA may unlock the account, in its sole discretion. For those domains approved to be unlocked, an administrative fee and a probationary period may also be imposed at YMCA’s discretion.

Multiple complaints of Unsolicited Email. If YMCA receives two or more complaints for two or more different domains within the same account related to Unsolicited Email, and there is no response to either or both requests for explanation, YMCA may suspend and lock the domains in question and lock and disable the domains in the entire account. For those domains within the account that have not received an Unsolicited Email complaint, such domains may be permitted to be transferred to another registrar at the account owner/domain registrant’s sole expense. However, the domains that have received Unsolicited Email complaints will remain locked and suspended, at YMCA’s discretion.

Additional Unsolicited Email guidelines. Certain YMCA services may have additional Unsolicited Email guidelines explaining appropriate conduct for those services. It is the user’s responsibility to read and comply with each service’s guidelines for additional details regarding Unsolicited Email.

Enforcement of Unsolicited Email policy. In addition to the above actions, violations of this or any section may result in legal action and/or a fine against you and the termination, without notice, of your account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through YMCA computer systems.

Terms of Service

Note: If you have accounts with YMCA or related businesses but choose to not agree to all or any of the following terms and conditions after reading this agreement in full, please call YMCA to cancel your account. You (the YMCA customer and/or user, hereafter collectively referred to as “you”) agree to the terms and conditions of this Service Agreement (“Agreement”). YMCA will exercise no control whatsoever over the content of any information passing through it. No guarantee of end-to-end bandwidth on the Internet is made. You will use YMCA’s services only for lawful purposes. Any transmission or re-transmission of material in violation of any Federal or State laws and/or regulations is expressly prohibited. This extends to include, but is not limited to: any copyrighted materials, materials or communications prohibited by trade secret. As a customer of YMCA and a user of our services, you (as an individual, and/or officer or agent of a company, and/or company) agree to indemnify and to hold harmless YMCA from ANY and ALL claims resulting from the use of the service which causes damage to you or any other party. YMCA shall not be liable, either in contract or in tort, or for protection from unauthorized access of its customer’s transmission facilities or customer-owned equipment on premises, or for unauthorized access to, alteration, theft or destruction of a customer’s data files, programs, or information through accident, fraudulent means or devices, or any other method, even should such access occur as a result of YMCA’s negligence. YMCA shall not be in any way responsible for claims or damages caused by a customer, through fault, negligence or failure to perform customer’s responsibilities, claims against a customer by any other party; any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or YMCA. YMCA will not be responsible for any damages you or your business suffers. YMCA makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED,for services we provide. YMCA also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by YMCA and its employees by its own negligence or your errors or omissions – this also applies to your carrier, equipment and its services. Any and all information you obtain through YMCA data network services (public and or private) is at your own risk. Any and all access to other networks via YMCA must be in compliance with all policies and rules of those networks. This applies to any other network that YMCA attaches to. In the event of cancellation of service for any reason, YMCA may retake possession of any and all hardware and/or software it has supplied you, employees and/or agents (before, during and after any sanctions to recover sums of money). In such a case, you will provide YMCA full and free access to the hardware and/or software for this purpose. YMCA will retain all payments made hereunder, and recover charges you owe as well as any damages YMCA may have sustained due to your default. Title and property rights, including all intellectual property rights to services, are and shall remain with YMCA whether or not they are embedded in any programming, software and/or hardware. You recognize and acknowledge that any and all YMCA services and/or products, programming and software used hereunder constitute valuable trade secrets of YMCA. You will use your best efforts to protect and keep confidential any and all programming and software used by you, your employees, and/or agents and shall never make any attempt to copy, examine in any way, alter or re-engineer, tamper with, or otherwise misuse such services, programs, hardware, etc.

Cancellation: YMCA may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason. Only a written request to terminate service, as applicable to you, relieves you and/or your company from the obligation to pay your charges. An act of default will accelerate payment to be due at once, and any type of credit agreement will be immediately and automatically terminated. You shall provide all necessary preparations required to comply with YMCA’s installation, maintenance and operational specifications. Customers will be responsible for all costs of relocation of service once installed by YMCA and/or its vendors, and will provide YMCA, and its suppliers of communication service and equipment, reasonable access to your premises to perform any acts required by this agreement. Physical Equipment and/or Software products that are NOT provided by YMCA are the responsibility of the customer, company or individual or both as the limits of the law allows for. YMCA will not be responsible for the installation of and/or service on equipment and/or software not provided by Netcom. All customers are responsible for the use and compatibility of hardware and software not provided by YMCA. In the event that the customer uses hardware and/or software that does impair the customer’s use of YMCA services, the customer shall nonetheless be liable for regular payment to YMCA. Upon notice from Netcom that the hardware and/or software not provided by Netcom is causing, or in the sole opinion of Netcom, is likely to cause hazard, interference’s or service obstruction, the customer shall eliminate the hazard, interference or service obstruction at once. Customers will, if necessary, pay Netcom to troubleshoot problems caused by such equipment and/or software not provided by Netcom. Netcom will not be responsible if any changes in hardware, software or services cause equipment not provided by Netcom to become obsolete, require modification or alteration, or in any other way affect the total performance of Netcom on an end-to-end basis and protect the Netcom backbone network and those networks attached to the Netcom network. In the case of customer-owned hardware and/or software connected to the Netcom network, the customer is totally responsible for any and all service to that equipment. Netcom, at its option, may supply technical services in the form of consulting and/or service to Netcom customers at their request. Such services will be billed out at rates set on the Netcom pricing sheet and/or at rates in effect at the time such services are requested. Netcom has the right to refuse any such technical services at its sole option. On leased telephone lines, no matter who the leasing party is, Netcom must have free and open access to such lines. Netcom always reserves the right to change its rates and otherwise modify these Terms and Conditions. These Terms and Conditions hereby supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted. As a Netcom customer you may not sell, assign or transfer your service order without the prior written consent of Netcom. Netcom may at any time sell, assign or transfer this agreement with no notice. Netcom will not be responsible for performance of its obligations thereunder where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors and will attempt to notify customers in the event of any of the foregoing occurrences. Should such occurrences continue for more than 90 days, Netcom or its customers may cancel service for the affected services and/or products with no further liability. Governing laws. This agreement shall be governed by the internal laws of the State of Hawaii.

In the unlikely event of a service outage, clients may be eligible for partial credit. Provider will credit only for the affected service. SLA does not cover the following conditions: (a) any actions or inactions by or on behalf of Client (b) failure or malfunction of Client applications, equipment or circuits not provided and supported by Provider (c) Scheduled Maintenance (d) failure of power or equipment provided by Client or 3rd parties (e) Provider network maintenance

911 EMERGENCY DIALING – By using and paying for any hosted services, you acknowledge and understand that the system may not support or carry emergency calls over an Internet Protocol (IP) connection.

ALL USERS DESIRING SERVICES ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE USE POLICY.

Use of Netcom services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full.

f. not transmit any content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights (“Rights”) of any party;
g. not transmit any unsolicited or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. not transmit any content that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other
users are able to or otherwise act in a manner that negatively affects other users’ ability
to engage in real time exchanges;
j. not interfere with or disrupt servers or networks, or disobey any requirements,
procedures, policies or regulations of networks;
k. not relay email from a third party’s mail servers without the permission of that third
party.
l. not use “robots” or otherwise harvesting other’s email addresses from the YMCA site
for purposes of sending unsolicited or unauthorized material.
m. not upload, post, email, or transmit the same message, URL, or post multiple times.
n. not intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force of law;
o. not “stalk” or otherwise harass another; or
p. not collect or store personal data about other users.
Unsolicited email prohibited; consequences of sending unsolicited email:
Unsolicited email prohibited. You are strictly prohibited from mass-mailing unwanted
email advertisements or solicitations of any type (e.g. SPAM, UCE) (collectively,
“Unsolicited Email”). Further, in conjunction with all state and federal laws (which you
should be aware of and in compliance with when sending out any mail), YMCA prohibits
a person from sending out or conspiring with another to initiate the transmission of
Unsolicited Email that: (a) uses a third party’s internet domain without permission of the
third party, (b) misrepresents or obscures any information in identifying the point of
origin, IP address, or the transmission path of a commercial electronic mail message;
(c) contains false or misleading information in the subject line or inappropriate/adult
material (as determined by YMCA) in the message body; (d) contains an ineffective opt-
out procedure; or (e) uses an email list without knowledge of its source. Any user that is
a sender of an email that is in violation of the rules in this agreement and/or any law or
regulation is required to indemnify and hold YMCA harmless due to the sender’s act or
omission in sending the email.
Right to Disable Account or Domain. If you send Unsolicited Email and/or are listed on a
public spam database, YMCA reserves the right, in its sole discretion, to immediately
disable any domain or user account that allegedly sent such unsolicited email(s) in
order to forestall further abuse or damage to email systems. Unsolicited Email sent from
other networks that reference email accounts of domains registered by YMCA shall be

considered to have originated from the account referenced, unless compelling reasons
are provided to YMCA, such that YMCA believes that the Unsolicited Email originated
with an unrelated third party.
Single complaint of Unsolicited Email. If YMCA receives a complaint regarding
Unsolicited Email, YMCA will reasonably investigate the claim by, among other things,
contacting the administrative contact and/or the account owner of the domain at the
listed email address. If there is no response within five (5) days of our request, YMCA
will, in its discretion, take such action as it deems warranted to prevent further sending
of Unsolicited Email, including but not limited to suspending and locking the domain. If
the domain registrant wishes to reinstate the domain after a ‘lock’ is in place, it must
apply to do so with YMCA, take such remedial measures as YMCA may request, and
YMCA may unlock the account, in its sole discretion. For those domains approved to be
unlocked, an administrative fee and a probationary period may also be imposed at
YMCA’s discretion.
Multiple complaints of Unsolicited Email. If YMCA receives two or more complaints for
two or more different domains within the same account related to Unsolicited Email, and
there is no response to either or both requests for explanation, YMCA may suspend and
lock the domains in question and lock and disable the domains in the entire account.
For those domains within the account that have not received an Unsolicited Email
complaint, such domains may be permitted to be transferred to another registrar at the
account owner/domain registrant’s sole expense. However, the domains that have
received Unsolicited Email complaints will remain locked and suspended, at YMCA’s
discretion.
Additional Unsolicited Email guidelines. Certain YMCA services may have additional
Unsolicited Email guidelines explaining appropriate conduct for those services. It is the
user’s responsibility to read and comply with each service’s guidelines for additional
details regarding Unsolicited Email.
Enforcement of Unsolicited Email policy. In addition to the above actions, violations of
this or any section may result in legal action and/or a fine against you and the
termination, without notice, of your account and/or anything associated with it, including,
but not limited to, email accounts, posts, home pages, and profiles. Nothing in this
policy is intended to grant any right to transmit email to or through YMCA computer
systems.
Terms of Service
Note: If you have accounts with YMCA or related businesses but choose to not agree to
all or any of the following terms and conditions after reading this agreement in full,
please call YMCA to cancel your account. You (the YMCA customer and/or user,
hereafter collectively referred to as “you”) agree to the terms and conditions of this
Service Agreement (“Agreement”). YMCA will exercise no control whatsoever over the
content of any information passing through it. No guarantee of end-to-end bandwidth on
the Internet is made. You will use YMCA’s services only for lawful purposes. Any
transmission or re-transmission of material in violation of any Federal or State laws

and/or regulations is expressly prohibited. This extends to include, but is not limited to:
any copyrighted materials, materials or communications prohibited by trade secret. As a
customer of YMCA and a user of our services, you (as an individual, and/or officer or
agent of a company, and/or company) agree to indemnify and to hold harmless YMCA
from ANY and ALL claims resulting from the use of the service which causes damage to
you or any other party. YMCA shall not be liable, either in contract or in tort, or for
protection from unauthorized access of its customer’s transmission facilities or
customer-owned equipment on premises, or for unauthorized access to, alteration, theft
or destruction of a customer’s data files, programs, or information through accident,
fraudulent means or devices, or any other method, even should such access occur as a
result of YMCA’s negligence. YMCA shall not be in any way responsible for claims or
damages caused by a customer, through fault, negligence or failure to perform
customer’s responsibilities, claims against a customer by any other party; any act or
omission of any party furnishing services and/or products; or for the installation and/or
removal of any and all equipment supplied by any service provider or YMCA. YMCA will
not be responsible for any damages you or your business suffers. YMCA makes NO
WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED,for services we provide.
YMCA also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non
deliveries, wrong deliveries, and any and all service interruptions caused by YMCA and
its employees by its own negligence or your errors or omissions – this also applies to
your carrier, equipment and its services. Any and all information you obtain through
YMCA data network services (public and or private) is at your own risk. Any and all
access to other networks via YMCA must be in compliance with all policies and rules of
those networks. This applies to any other network that YMCA attaches to. In the event
of cancellation of service for any reason, YMCA may retake possession of any and all
hardware and/or software it has supplied you, employees and/or agents (before, during
and after any sanctions to recover sums of money). In such a case, you will provide
YMCA full and free access to the hardware and/or software for this purpose. YMCA will
retain all payments made hereunder, and recover charges you owe as well as any
damages YMCA may have sustained due to your default. Title and property rights,
including all intellectual property rights to services, are and shall remain with YMCA
whether or not they are embedded in any programming, software and/or hardware. You
recognize and acknowledge that any and all YMCA services and/or products,
programming and software used hereunder constitute valuable trade secrets of YMCA.
You will use your best efforts to protect and keep confidential any and all programming
and software used by you, your employees, and/or agents and shall never make any
attempt to copy, examine in any way, alter or re-engineer, tamper with, or otherwise
misuse such services, programs, hardware, etc.

operational specifications. Customers will be responsible for all costs of relocation of
service once installed by YMCA and/or its vendors, and will provide YMCA, and its
suppliers of communication service and equipment, reasonable access to your
premises to perform any acts required by this agreement. Physical Equipment and/or
Software products that are NOT provided by YMCA are the responsibility of the
customer, company or individual or both as the limits of the law allows for. YMCA will
not be responsible for the installation of and/or service on equipment and/or software
not provided by Netcom. All customers are responsible for the use and compatibility of
hardware and software not provided by YMCA. In the event that the customer uses
hardware and/or software that does impair the customer’s use of YMCA services, the
customer shall nonetheless be liable for regular payment to YMCA. Upon notice from
Netcom that the hardware and/or software not provided by Netcom is causing, or in the
sole opinion of Netcom, is likely to cause hazard, interference’s or service obstruction,
the customer shall eliminate the hazard, interference or service obstruction at once.
Customers will, if necessary, pay Netcom to troubleshoot problems caused by such
equipment and/or software not provided by Netcom. Netcom will not be responsible if
any changes in hardware, software or services cause equipment not provided by
Netcom to become obsolete, require modification or alteration, or in any other way
affect the total performance of Netcom on an end-to-end basis and protect the Netcom
backbone network and those networks attached to the Netcom network. In the case of
customer-owned hardware and/or software connected to the Netcom network, the
customer is totally responsible for any and all service to that equipment. Netcom, at its
option, may supply technical services in the form of consulting and/or service to Netcom
customers at their request. Such services will be billed out at rates set on the Netcom
pricing sheet and/or at rates in effect at the time such services are requested. Netcom
has the right to refuse any such technical services at its sole option. On leased
telephone lines, no matter who the leasing party is, Netcom must have free and open
access to such lines. Netcom always reserves the right to change its rates and
otherwise modify these Terms and Conditions. These Terms and Conditions hereby
supersede all previous representations, understanding, or agreements and shall prevail
notwithstanding any variance with terms and conditions of ANY and ALL orders
submitted. As a Netcom customer you may not sell, assign or transfer your service
order without the prior written consent of Netcom. Netcom may at any time sell, assign
or transfer this agreement with no notice. Netcom will not be responsible for
performance of its obligations thereunder where delayed or hindered by war, riots,
embargoes, strikes or acts of its vendors and will attempt to notify customers in the
event of any of the foregoing occurrences. Should such occurrences continue for more
than 90 days, Netcom or its customers may cancel service for the affected services
and/or products with no further liability. Governing laws. This agreement shall be
governed by the internal laws of the State of Hawaii.
In the unlikely event of a service outage, clients may be eligible for partial credit.
Provider will credit only for the affected service. SLA does not cover the following
conditions: (a) any actions or inactions by or on behalf of Client (b) failure or malfunction
of Client applications, equipment or circuits not provided and supported by Provider (c)
Scheduled Maintenance (d) failure of power or equipment provided by Client or 3rd
parties (e) Provider network maintenance

911 EMERGENCY DIALING – By using and paying for any hosted services, you
acknowledge and understand that the system may not support or carry emergency calls
over an Internet Protocol (IP) connection.
ALL USERS DESIRING SERVICES ON THE INTERNET ARE SUBJECT TO THE
ACCEPTABLE USE POLICY.
Use of Netcom services by you as a company and/or an individual constitutes
acceptance of these Terms and Conditions in full.

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