Hawaiian Telcom Business WiFi

Terms of Use

Welcome to Hawaiian Telcom, Inc.'s ("Hawaiian Telcom") HotSpot. BY ACTIVATING OR USING
THE HAWAIIAN TELCOM HOTSPOT SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS ("T&C's"). PLEASE READ THESE T&C 's CAREFULLY. They affect your legal
rights by, among other things, requiring MANDATORY REVIEW OF ANY DISPUTES (SEE SEC. 2),
charging an EARLY CANCELLATION FEE FOR CERTAIN SUBSCRIPTIONS (SEE SEC. 3), AND
LIMITING OUR LIABILITY (SEE SEC. 6 & 7). IF YOU DO NOT AGREE TO THESE T&C's, DO NOT
ACTIVATE OR USE THE SERVICE.

This is an agreement between you and Hawaiian Telcom for wireless local area network
communications services and related services and features (collectively referred to as the "Service").
These T&C's, any Hawaiian Telcom HotSpot Service Agreement you have agreed to, and the
specific rate plan information that applies to your account (see http://www.Hawaiian Telcom .com)
(collectively referred to as the "Agreement"), govern the use of the Service purchased from us for
use with the Service. These T&C's supersede all earlier versions. You acknowledge that no
employee, dealer or other agent is authorized to make any representation or warranty (other than as
described in the Agreement or our current materials) with respect to the Agreement, the Service or
equipment purchased from us for use with the Service or to waive or modify any terms or provisions
of the Agreement. Hawaiian Telcom reserves the right to designate its vendors and venue, roaming
and other partners as intended third party beneficiaries of the Agreement.

1. Acceptance of Agreement by Use/Activation. Your electronic acceptance on our web site, your
activation or use of the Service or your signature below constitutes your acceptance of the
Agreement. Your electronic acceptance of the Agreement shall have the same force and effect as if
you had actually signed the Agreement.

2. YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY
SENDING YOUR CLAIM TO US IN WRITING WITH SPECIFIC DETAILS AND FACTS ON WHICH
YOUR BASE YOU CLAIM AT HAWAIIAN TELCOM CUSTOMER RELATIONS, 1177 Bishop St, Hon,
HI 96813 AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE
NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE,
THEN YOU OR WE MAY TAKE FURTHER ACTION INCLUDING BUT NOT LIMITED TO
DISUPTING THE CHARGE(S) WITH THE APPROPRIATE FINANCIAL INSTITUTION.
FAILURE TO NEGOTIATE WITH US IN GOOD FAITH BEFORE CONTACTING YOUR FINANCIAL
INSTITUTION TO DISPUTE A CHARGE IS A VIOLATION OF THE T&CS AND WILL
AUTOMATICALLY RESULT IN HAWAIIAN TELCOMS CONTESTING OF THE DISPUTE WITH
THE FINANCIAL INSTITUTION AND PROVIDING THE LANGUAGE IN THIS T&C TO SUPPORT
OUR DISPUTE.

3. Changes to the Agreement or Charges. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IF
WE INCREASE THE CHARGES FOR A SERVICE AND YOU WOULD BE CHARGED A
TERMINATION OR OTHER FEE TO CANCEL THAT SERVICE. WE WILL NOTIFY YOU OF THE
INCREASE (AS PROVIDED IN SEC. 15) AND YOU CAN CANCEL THE AFFECTED SERVICE
WITHOUT PAYING THE TERMINATION OR OTHER FEE (WHICH IS YOUR ONLY REMEDY) BY
FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL
THE SERVICE BY FOLLOWING THE INSTRUCTIONS IN THE NOTICE, THEN YOU AGREE TO
THE INCREASE OR MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE
NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS
AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IF
WE INCREASE CHARGES FOR SERVICE TO WHICH NO TERMINATION OR OTHER FEE TO
CANCEL SERVICE APPLIES, WE WILL NOTIFY YOU OF THE INCREASE, BUT YOU WILL STILL
BE RESPONSIBLE FOR ANY TERMINATION FEE APPLICABLE TO ANY SERVICES YOU MAY
HAVE IF YOU CANCEL SERVICE.

4. Service Availability. A wireless local area network compatible device (a ”Device”) is required in
order to use the Service. Hawaiian Telcom does not sell or support Devices. You must ensure that
your Device is compatible with the Service. Availability and performance of the Service are subject to
all memory, storage and other limitations in the Device. Service is only available at designated
Hawaiian Telcom HotSpot locations, and unless otherwise stated by us on our website or in writing,
is not available outside the U.S. Service is available to your Device only when it is within the
operating range of our system or of an operator with which we have an applicable roaming
agreement (roaming may not be available with all plans). Hawaiian Telcom HotSpot locations and
maps are subject to change at any time without notice. Actual Service coverage, speeds, locations
and quality may vary. Service 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. We are not
responsible for data, messages or pages lost, not delivered, delayed or misdirected because of
interruptions or performance issues with the Service or communications services or networks (e.g.,
HSI access). We may impose credit, usage or Service limits, suspend Service, or block certain kinds
of usage in our sole discretion to protect users, our network or our business. Network speed is an
estimate and is no indication of the speed at which your Device or the Service sends or receives
data. Actual network speed will vary based on Device configuration, compression, distance, network
congestion, interference and other factors. The accuracy and timeliness of data received is not
guaranteed; delays or omissions may occur. We may, but do not have to, change or improve the
Service by, among other things, changing or upgrading the 802.11 a/b/g/n/ac standard.

5. Use of Service. Unless otherwise set forth by us in writing, you are receiving a single User
Account solely for your use of the Service through one Device per login session. You agree not to
resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your User
Account or connection with anyone, access the Service simultaneously through multiple units or to
authorize any other individual or entity to use the Service. You agree that sharing the Service with
another party breaches the Agreement and may constitute fraud or theft, for which we reserve all
rights and remedies. You have no proprietary or ownership rights to a specific IP or other address,
log-in name, or password that you use on our network. We may change your address, log-in name
or password at any time. We will assign you an IP address each time you access the Service, and it
will vary. You shall not program any other IP address into your Device. You may not assign your login
name, password or IP address to any other person or Device. You agree that we may access your
Device and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to
the Device or network; enable, operate and update the Service and software; investigate activity that
may be in violation of the Agreement; or to comply with law. You agree not to use or attempt to use
the Service, the Hawaiian Telcom network or website, or your Device for any fraudulent, unlawful,
harassing or abusive purpose, or so as to damage or cause risk to our business, reputation,
employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to: (a)
Violating any applicable law or regulation; (b) Downloading, Posting or transmitting content in any
way that you do not have the right to post or transmit; (c) Downloading, Posting or transmitting
content in any way that infringes a third party's trademark, patent, trade secret, copyright, publicity,
privacy, or other right; (d) Downloading, Posting or transmitting content in any way that is unlawful,
untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful,
abusive, harmful or otherwise objectionable as determined in our sole discretion; (e) Attempting to
intercept, collect or store data about third parties without their knowledge or consent; (f) Deleting,
tampering with or revising any material posted by any other person or entity; (g) Accessing,
tampering with or using non-public areas of the Service, Hawaiian Telcoms computer systems and
network or any Hawaiian Telcom website; (h) Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures; (i) Attempting to access or
search the Service, the Hawaiian Telcom network or any Hawaiian Telcom website with any engine,
software, tool, agent, device or mechanism other than the software and/or search agents provided
by us or other generally available third party web browser; (j) Sending or attempting to send
unsolicited messages, including without limitation, promotions or advertisements for products or
services, "spam", "chain mail" or "junk mail"; (k) Using or attempting to use the Service, the Hawaiian
Telcom network or any Hawaiian Telcom website to send altered, deceptive or false sourceidentifying
information; (l) Attempting to decipher, decompile, disassemble or reverse engineer any
of the software comprising or in any way making up a part of the Service, the Hawaiian Telcom
network or any Hawaiian Telcom website; (m) Interfering or attempting to interfere with the access of
any user, host or network, including without limitation, sending a "virus" to the Service, the Hawaiian
Telcom network or any Hawaiian Telcom website, overloading, "flooding," "spamming," "crashing,"
or "mailbombing" the Service, the Hawaiian Telcom network or any Hawaiian Telcom website; (n)
Impersonating or misrepresenting your affiliation with any person or entity; (o) Using the Service to
make fraudulent offers to sell or buy products, items, or services or to advance any type of financial
scam such as "pyramid schemes", "Ponzi schemes", unregistered sales of securities, and securities
fraud; or (p) Excessively high volume data transfers or bandwidth consumption, hosting of a web
server, internet relay chat server or any other server, and non-traditional end user activities.
If we suspect violations of any of the above, we may: (i) Institute legal action, (ii) Immediately,
without prior notice to you terminate the Agreement and the Service, (iii) Terminate any other
Hawaiian Telcom agreements between us and you and the Hawaiian Telcom service provided under
those agreements, and (iv) Cooperate with law enforcement authorities in bringing legal proceedings
against violators. You agree to cooperate fully with us in investigating suspected violations.
Hawaiian Telcom reserves the right to install, implement, manage and/or operate one or more
software, monitor or other solutions designed to assist us in identifying and/or tracking activities that
we consider to be illegal or violations of these T&C's, including but not limited to any of the activities
described in this Sec. 5. We may, but are not obligated to, in our sole discretion, and without notice,
remove, block, filter or restrict by any means any materials or information (including but not limited to
emails) that we consider to be actual or potential violations of the restrictions set forth in these
T&C's, including but not limited to those activities described in this Sec. 5 and any other activities
that may subject Hawaiian Telcom or its customers to harm or liability. Hawaiian Telcom disclaims
any and all liability for any failure on its part to prevent such materials or information from being
transmitted over the Service and/or into your Device.

6. Content Disclaimer: Cautions and Restrictions. We do not control, nor are we responsible or liable
for, data, content, services, or products (including software) that you access, download, receive or
buy via the Service. The Internet may provide access to content you consider harmful to minors, or
otherwise offensive or inappropriate. If you wish to limit access to such content, there are a number
of commercially available products that can help you do so. We may, but do not have to, block
information, transmissions or access to certain information, services, products or domains to protect
us, our network, the public or our users. Therefore, messages and other content may be deleted
before delivery. The Internet contains unedited materials, some of which may be offensive to you.
We are not a publisher of third party content accessed through the Service and are not responsible
for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages,
services, graphics, data or any other information provided to or by third parties as accessible through
the Service. You are responsible for paying all fees and charges of third party vendors whose sites,
products or services you access, buy or use via the Service. If you choose to use the Service to
access web sites, services or content, or purchase products from third parties, your personal
information may be available to the third-party provider. How third parties handle and use your
personal information related to their sites and services is governed by their security, privacy and
other policies (if any) and not ours. We have no responsibility for third party provider policies, or their
compliance with them. If you elect to download into your Device or otherwise enable any software,
including any "client" designed to facilitate your access of the Service, you shall be solely
responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged,
accepted or waived, any disclosures, notices or options otherwise made available to you for viewing
as part of the log-in process for the Service.

7. Term; Termination of Service. The Agreement begins on the date Service is activated or used (or
is otherwise deemed to have been accepted as provided in Sec.1) and will continue until terminated
or logged off the Service.

8. Digital Millennium Copyright Act ("DMCA") Notice. In operating the Service, we may act as a
"services provider" (as defined in the DMCA) and offer services as an online provider of materials
and links to third party web sites. As a result, third party materials that are not owned or controlled by
us may be transmitted, stored, accessed or otherwise made available using the Service. If you
believe any material available via the Service infringes a copyright, you should notify us using the
notice procedure for claimed infringement under the DMCA. Our designated agent (the proper party
for notice) to whom you should address infringement notices under the DMCA is Corporation
Services Company, 1010 Union Ave. SE, Olympia, WA 98501. We will respond expeditiously to
remove or disable access to material we determine may be infringing and will follow the procedures
specified in the DMCA to resolve the claim between the notifying party and the party who has
allegedly infringed.

9. Disclaimer of Warranties. EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE
PROVIDED WITH A DEVICE YOU PURCHASE FROM US, THE SERVICE IS PROVIDED ON AN
"AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE
WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR
USE OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY
KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY
STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF
OUR AGENTS (EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED
WITH A DEVICE YOU PURCHASE FROM US), ARE PROVIDED FOR INFORMATIONAL
PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY KIND. NEITHER WE NOR OUR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS,
SUBSIDIARIES OR AFFILIATES ("HAWAIIAN TELCOM AFFILIATES") WARRANT THAT THE
INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE
SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE,
USEFUL, FUNCTIONAL OR ERROR FREE.

10. Limitation of Liability. We shall not be liable for any deficiency in performance caused in whole or
in part by the act or omission of an underlying carrier or service provider, dealer, equipment or facility
failure, network problems, interference, lack of coverage or network capacity, acts of God, strikes,
fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control.
EVEN IF HAWAIIAN TELCOM OR ANY OF THE HAWAIIAN TELCOM AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO YOU OR ANY
OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY
DAMAGES ARISING FROM USE OF THE SERVICE OR ANY DEVICE, INCLUDING WITHOUT
LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY
DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR
FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO
UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST
OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE
CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED
TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE
INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM
ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR
OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE
EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF HAWAIIAN TELCOM AND ANY HAWAIIAN TELCOM
AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE
AGREEMENT FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL
CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE OR DEVICE, SHALL BE TO
RECOVER THE PRORATED MONTHLY OR OTHER CHARGES TO YOU FOR THE APPLICABLE
SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE
AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO ANY VENUE PARTNER
WHERE THE SERVICE IS USED AND ANY THIRD PARTY NETWORK PROVIDER FROM WHICH
ROAMING SERVICES ARE PROVIDED OR MADE AVAILABLE TO YOU AS PART OF THE
SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT
WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.

11. Indemnification. You agree to defend, indemnify and hold us, any underlying carrier or network
provider (including any carrier or network provider from which roaming services are provided or
made available to you as part of the Service), and any Hawaiian Telcom Affiliates harmless from and
against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of
the Service or a Device or your violation of the Agreement. You further agree to pay our reasonable
attorneys' and expert witnesses' fees and costs arising from any actions or claims hereunder and
those incurred in establishing the applicability of this section.

12. Privacy and Security. Wireless systems use radio channels to transmit voice and data
communications over a complex network. Privacy cannot be guaranteed, and we are not liable to
you or any other party for any lack of privacy you experience while using the Service. If you use the
Service in a public location, you understand that others may be able to see and observe your use of
the Service. We have the right, but not the obligation to monitor, intercept and disclose any
transmissions over or using our facilities, and to provide customer billing, account, or use records,
and related information under certain circumstances (for example, in response to lawful process,
orders, subpoenas, or warrants, or other information, in good faith reliance on legal process, if
required by law or to protect our rights, business, network, customers or property). You acknowledge
that the Service is not inherently secure and that wireless communications can be intercepted by
equipment and software designed for that purpose. Notwithstanding efforts to enhance security with
respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable
to you or any other party for any lack of security that may result from your use of the Service or your
Device. You acknowledge that you are responsible for taking such precautions and providing such
security measures best suited for your situation and intended use of the Service. We strongly
encourage and support certain customer-provided security solutions, such as virtual private
networks, encryption and personal firewalls, but do not provide these to our users and are not
responsible for their effectiveness. You agree to protect your username and password and you are
responsible for any usage of your account. You agree to immediately notify us of any unauthorized
use of your account or other security breach. If you are roaming on another network, Hawaiian
Telcom cannot guarantee the security of such network, the privacy of your data or the ability of your
solution to work on such network. You are strongly encouraged to review the user policies applicable
to any such roaming network, including those related to security and privacy, before commencing a
roaming session.

13. Assignment. We may assign in whole or in part our rights or duties under the Agreement without
prior notice to you and upon such assignment we shall be released from all liability hereunder. You
may assign the Agreement only with our prior written consent. Subject to this restriction, the
Agreement shall inure to the benefit of and be binding upon the heirs successors, subcontractors,
and assigns of the respective parties.

14. Notices and Communication. Written notices to you shall be considered given and received by
you on the third day after the date deposited in the U.S. Mail addressed to you at your address in our
billing records or immediately upon delivery using electronic means such as e-mail. Written notice to
us shall be considered given when received by our office: Hawaiian Telcom, "Customer Relations"
1177 Bishop St, Hon, HI 96813 You agree that we may contact you through the Service to notify you of
changes to or information about your account, the Service, additional services or the Agreement.

15. Severability. All terms and provisions of these T&C's are independent of each other. If any term
or provision of these T&C's is held to be inapplicable or unenforceable, including without limitation
any terms or provisions in Secs. 2, 9 or 10, then: (a) such term or provision shall be construed, as
nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full
force and effect, (b) the Agreement will not fail its essential purpose and (c) the balance of the terms
and provisions shall remain unaffected and in full force and effect, unless our obligations hereunder
are materially impaired, in which event we reserve the right to terminate the Agreement.

16. Entire Agreement/Applicable Law/Venue/Miscellaneous. The Agreement represents the final and
entire agreement between you and us regarding the Service purchased from us. Electronic images
of the Agreement will be considered originals. You acknowledge that you have not relied on any
other representations not specifically included in the Agreement. If we don't enforce our rights under
any of the provisions of the Agreement, we may still require strict compliance in the future. You
represent that you are of legal age and have the legal capacity to enter into the Agreement. If you
are contracting on behalf of a company, you represent that you are authorized to enter into the
Agreement and agree to be personally liable for all accounts if you are not so authorized. You
acknowledge that you are responsible for (a) all charges incurred by any person you authorize to
access your account, or to use your Device or the Service and (b) ensuring that any person you
authorize to access your account complies with the Agreement. The Agreement is governed by the
Federal Arbitration Agreement, applicable federal law, and the laws of the state in which your billing
address in our records is located. Foreign laws do not apply. Arbitration proceedings or any actions
to enforce an arbitration award must be in the state where your Service is principally provided, but
not outside the U.S.

17. Survival. The following provisions, and any other provisions which may reasonably be construed
as surviving, and the rights and obligations of the parties thereunder, shall survive any termination of
the Agreement for any reason: Secs 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 and the terms
and conditions related to your use of other Hawaiian Telcom services.

Hawaiian Telcom, Inc. Privacy Policy

Effective: May 2020

Hawaiian Telcom, Inc. ("Hawaiian Telcom") is committed to protecting your privacy. We have
updated our Privacy Policy to describe the information that is collected when you use our Web site,
our other products or services, or when you otherwise interact with us. In this policy we also tell you
how we use, disclose and protect the information that we collect.

How to contact us

 We value your privacy and welcome your comments, suggestions, and questions regarding
our privacy practices. You can reach us at 643-9434.

Changes to this policy

We will update this policy if our practices change or if laws or regulations require that we change it. If
we decide to disclose personal information in a way that is materially different from that which was
stated in this policy at the time the personal information was collected, we will notify you by posting
notice of the change on our site's home page and on this page for a reasonable period before we
implement that change and will give you an opportunity to opt out of the proposed use of personal
information.