THE KAUAIAN USE POLICY

A. I have given accurate information on my registration form.B. I am responsible for the security of my user ID name and password.C. I will not place unlawful material on The Kauaian, specifically included, but not limited to material   that violates copyrights or intellectual rights.D. I will not use The Kauaian to harass, abuse, intimidate or otherwise treat other users in an objectionable manner.E. I will abide by any rules and regulations that may be publicly announced from time to time by The Kauaian.F. I will not put defamatory material on The Kauaian, and I will not bring a legal action against The Kauaian LLC, and/or staff, if a user places defamatory information on the system.G. I will not tamper with, hack or otherwise attempt to invade or abuse The Kauaian.H. I will not use The Kauaian to send unsolicited email which is considered to be large scale broadcasting of messages to inappropriate newsgroups, listserves, mailboxes, bulletin boards, etc., also known as "spamming".

5. I understand and hold harmless The Kauaian in connection with the following:

A. That The Kauaian's policy is to respect the privacy of its members. Therefore, The Kauaian will not monitor, edit, or disclose the contents of your e-mail unless required to do so by law or in the good faith belief that such action is necessary to:

a. Conform to the edicts of the law or comply with legal process served on The Kauaian.b. Protect and defend the rights or property of The Kauaian or its members.c. Act under exigent circumstances to protect the personal safety of The Kauaian's members or the public.

B. That The Kauaian does not guarantee that the System will function error-free or uninterrupted, or that it will meet any specific requirements I may have.C. That The Kauaian is not liable for any indirect, incidental, or consequential damages caused by the use or operation of the System, or the inability to use the System.D. That The Kauaian is a community network and that views I may disagree with have a right to be placed on The Kauaian as long as they adhere to The Kauaian's Acceptable Use guidelines.E. That The Kauaian has the right to review, add or remove services provided by the System.

7. I release The Kauaian, LLC, Staff, and any institutions with which they are affiliated, from any and all claims of any nature arising from my use of and/or my inability to use The Kauaian.

8. I agree to reimburse The Kauaian, LLC for any loss suffered by any of them by my improper use of The Kauaian Site.

MEMBER CONDUCT WHILE USING THE KAUAIAN SITE

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Kauaian, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Under no circumstances will The Kauaian 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 via the Service.

You agree to not use the Service to:

•upload, post, email, transmit or otherwise make available 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;

•harm minors in any way;

•impersonate any person or entity, including, but not limited to, a The Kauaian official, Message Board leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

•forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

•upload, post, email, transmit or otherwise make available 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);

•upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

•upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;

•upload, post, email, transmit or otherwise make available any material 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;

•interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

•intentionally or unintentionally violate any applicable local, state, national or international law;

•"stalk" or otherwise harass another; or

•collect or store personal data about other users.

You acknowledge that The Kauaian Site does not pre-screen all of its Content in the Kauaian Message Boards, but that The Kauaian 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 the Service. Without limiting the foregoing, The Kauaian and its designees shall have the right to remove any Content that violates the Terms of Service Agreement or is otherwise objectionable. 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 The Kauaian or submitted to The Kauaian, including without limitation information in The Kauaian Message Boards, and in all other parts of the Service.

You acknowledge and agree that The Kauaian may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF SERVICE AGREEMENT ; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Kauaian, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

MESSAGE BOARDS AND PUBLIC COMMUNICATION

"Discussion Board" means a chat area, message board, or e-mail function offered as part of any THE KAUAIAN Site. If you participate in any Discussion Board within a THE KAUAIAN Site, you must not:

•defame, abuse, harass or threaten others;

•make any bigoted, hateful or racially offensive statements;

•advocate illegal activity or discuss illegal activities with the intent to commit them;

•post or distribute any material that infringes and/or violates any right of a third party or any law;

•post or distribute any vulgar, obscene, discourteous or indecent language or images;

•advertise or sell to, or solicit others;

•use the Message Board for commercial purposes of any kind;

•post or distribute any software or other materials which contain a virus or other harmful component; or

•post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any THE KAUAIAN Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.

We reserve the right to remove or edit content from any Message Board at any time and for any reason.

By uploading materials to any Message Board or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a Message Board, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Message Board may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Kauaian has no control over such sites and resources, you acknowledge and agree that The Kauaian, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Kauaian, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

THE MATERIALS IN THE KAUAIAN SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY THE KAUAIAN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY THE KAUAIAN SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY THE KAUAIAN SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any THE KAUAIAN Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any THE KAUAIAN Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Classifieds and message boards is a free service offered by us. Because the Web changes constantly, we explicitly disclaim any responsibility for the content or availability of information contained in our classifieds and message boards.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY THE KAUAIAN SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY THE KAUAIAN SITE.