Cuttyhunk Wifi Group LLC.

Terms of service and Acceptable Usage Policies


♦ From time to time Cuttyhunk Wifi Group LLC. may impose reasonable rules and regulations regarding the use of its services.

♦ Cuttyhunk Wifi LLC. reserves the right to refuse service to anyone at any time for any reason.

♦ The customer is solely responsible for any breaches of security affecting servers, routers, workstations or other systems under customer control.

♦ Customers have a responsibility to use Cuttyhunk Wifi Group LLC.' network responsibly. This includes respecting the other customers of Cuttyhunk Wifi Group    LLC. Cuttyhunk Wifi Group LLC. reserves the right to suspend and or cancel service with any Customer who uses the Cuttyhunk Wifi Group LLC. network in  such a way that adversely affects other Cuttyhunk Wifi Group LLC. customers.

♦ Violations of system or network security are prohibited, and may result in criminal and civil liability.

From time to time Cuttyhunk Wifi Group LLC. may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Usage Policies (AUPs)

The AUPs are not exhaustive and Cuttyhunk Wifi Group LLC. reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.cuttyhunkwifi.com/page4.html or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Cuttyhunk Wifi Group LLC. deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet or Cuttyhunk Wifi Group LLC.' network. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM  CUTTYHUNK WIFI GROUP LLC. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS CUTTYHUNK WIFI LLC' POLICY TO TERMINATE SERVICE OF AND FINE REPEAT INFRINGERS. CUTTYHUNK WIFI LLC. RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers, routers, workstations or other systems under customer control. If a customer's system is involved in an attack on another network or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $150 USD per hour. Enquiries regarding security matters may be directed to Cuttyhunk Wifi Group LLC. Security Department.

Network Responsibility
Customers have a responsibility to use Cuttyhunk Wifi Group LLC.' network responsibly. This includes respecting the other customers of Cuttyhunk Wifi Group LLC. Cuttyhunk Wifi Group LLC. reserves the right to suspend and or cancel service with any Customer who uses the Cuttyhunk Wifi Group LLC. network in such a way that adversely affects other Cuttyhunk Wifi Group LLC. customers. This includes but is not limited to:

Attacking or attempting to gain unauthorized access to servers and services that belong to Cuttyhunk Wifi Group LLC. or its customers (i.e. "hacking" or "cracking"), and/or
Participating in behavior which results in reprisals that adversely affect the Cuttyhunk Wifi Group LLC. network or other customers' access to the Cuttyhunk Wifi Group LLC. network.

Cuttyhunk Wifi Group LLC. will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "social engineering" (tricking other people into releasing their passwords), password theft, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Cuttyhunk Wifi Group LLC. customer, whether or not the attacked account or computer belongs to Cuttyhunk Wifi Group LLC. will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, fines, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Cuttyhunk Wifi Group LLC. is strictly prohibited.

Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.nipc.gov/sites/ipcis/ipcis.htm. Cuttyhunk Wifi Group LLC. will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Cuttyhunk Wifi Group LLC. may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

Unauthorized monitoring ("sniffing") of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Cuttyhunk Wifi Group LLC. Such labor is categorized as emergency security breach recovery and is currently charged at $150 USD per hour required. Enquiries regarding security matters may be directed to Cuttyhunk Wifi Group LLC. Security Department at security@cuttyhunkwifi.com. Cuttyhunk Wifi Group LLC. is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Cuttyhunk Wifi Group LLC. urges its customers to assume that all of their online communications are insecure. Cuttyhunk Wifi Group LLC. cannot take responsibility for the security of information transmitted over Cuttyhunk Wifi Group LLC. facilities.

Password Protection
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Cuttyhunk Wifi Group LLC. service to guess passwords or to access other systems or networks without authorization. Cuttyhunk Wifi Group LLC. will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette
The customer is expected to be familiar with and to practice good Internet etiquette ("Netiquette"). The customer will comply with the rules appropriate to any network to which Cuttyhunk Wifi Group LLC. may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Cuttyhunk Wifi Group LLC. by offended users. Cuttyhunk Wifi Group LLC. reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.


Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any Cuttyhunk Wifi Group LLC. service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Cuttyhunk Wifi Group LLC. services or products is prohibited. Using the Cuttyhunk Wifi Group LLC. network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Cuttyhunk Wifi Group LLC. network are open to the public. You are solely responsible for your usage of the Cuttyhunk Wifi Group LLC. network and servers and any statement you make on servers hosted within the Cuttyhunk Wifi Group LLC. network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Copyright Infringement - Software Piracy Policy
 Cuttyhunk Wifi Group LLC. network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: Cuttyhunk Wifi Group LLC. Abuse Department, Po. Box 42 Cuttyhunk Ma. 02713 or by email to abuse@cuttyhunkwifi.com.


Cuttyhunk Wifi Group LLC.  will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Child Pornography on the Internet
 Cuttyhunk Wifi Group LLC. will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Cuttyhunk Wifi Group LLC. network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes "photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years."

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.

Commercial Advertisements with E-Mail
Cuttyhunk Wifi Group LLC.takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) (or "spam") over our network. Very simply, this means that customers of Cuttyhunk Wifi Group LLC. may not use or permit others to use our network to transact in UCE. Customers of Cuttyhunk Wifi Group LLC. may not host, or permit hosting of, sites or information that are advertised by UCE ("spamvertised") from other networks. Violations of this policy carry severe penalties, including termination of service and monetary fines.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.

Customers of Cuttyhunk Wifi Group LLC. are strictly prohibited from using or permitting others to use UCE or spam over our network. As our Customers are ultimately responsible for the actions of their clients over the Cuttyhunk Wifi Group LLC. network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Cuttyhunk Wifi Group LLC.'s spam policy will result in severe penalties. Upon notification of an alleged violation of our spam policy, Cuttyhunk Wifi Group LLC. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Cuttyhunk Wifi Group LLC. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our spam policy, Cuttyhunk Wifi Group LLC. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Cuttyhunk Wifi Group LLC. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cuttyhunk Wifi Group LLC. will notify law enforcement officials if the violation is believed to be a criminal offense.

For further information on what Cuttyhunk Wifi Group LLC. considers unsolicited e-mail, see http://www.mail-abuse.org/standard.html

Violation of Cuttyhunk Wifi Group LLC.'s spam policy may be reported to abuse@cuttyhunkwifi.com.

IP Addressing Policy
Cuttyhunk Wifi Group LLC. administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Cuttyhunk Wifi Group LLC. staff. Any server found using IPs which was not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

Billing
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension
Cuttyhunk Wifi Group LLC.reserves the right to suspend network access to any customer if, in the judgment of the Cuttyhunk Wifi Group LLC. network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Cuttyhunk Wifi Group LLC. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer's machines were suspended.


Cancellation
Cuttyhunk Wifi group LLC. reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Cuttyhunk Wifi Group LLC. if Cuttyhunk Wifi Group LLC. institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Indemnification
Cuttyhunk Wifi Group LLC.wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Cuttyhunk Wifi Group LLC. for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Cuttyhunk Wifi Group LLC. or the bringing of any claim against Cuttyhunk Wifi Group LLC. by any third-party. This means that if Cuttyhunk Wifi Group LLC. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Cuttyhunk Wifi Group LLC. plus costs and reasonable attorney's fees.

Disclaimer of Responsibility
Cuttyhunk Wifi Group LLC.is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Cuttyhunk Wifi Group LLC. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All sub-networks, resellers and managed servers of Cuttyhunk Wifi Group LLC. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY Y


Due to the shared nature of wireless connectivity, the actions of Cuttyhunk Wifi Group LLC. customers affect the connectivity and performance of the neighboring customers serviced from the same central point. While Cuttyhunk Wifi Group LLC. makes significant efforts to ensure that all wireless customers receive equal minimum bandwidth allocations, there is the possibility that neighboring customers may capitalize on the available bandwidth. To limit this possibility, this Wireless Fair Usage Policy (WFUP) has been enacted.

Minimum Bandwidth Allocation
Cuttyhunk Wifi Group LLC. maintains a minimum of 256kbps allocated for each customer. While customers may experience speeds faster than 256kbps (while "bursting"), any speed over 256kbps is not guaranteed.

Bursting
Customers may "burst", or experience speeds faster than what is allocated, up to 1.5mbps only for reasonable amounts of time necessary to complete retrieval of e-mail, web pages, etc. Continuously using more than the bandwidth allocated to download large files, send large e-mails, or watch high-bandwidth video streams for long periods of time is not acceptable and may affect the performance of other wireless customers. My Cuttyhunk Wireless Internet may take action against customers capitalizing on available bandwidth as defined below.

Acceptable Usage
Residential Cuttyhunk Wifi Group LLC. wireless subscribers may not use their wireless connections to run programs or servers that provide network content or connectivity to any 3rd party not at the location where the connection is installed. Examples of prohibited programs include, but are not limited to, mail, FTP, HTTP, game, newsgroup, proxy, and IRC servers. Cuttyhunk Wifi Group LLC. reminds its customers that illegally distributing copyrighted material over any medium is against U.S. law.

Cuttyhunk Wifi Group LLC. wireless subscribers may not resell or otherwise charge others for the use of their wireless connection. This service is for recreational, residential, personal use only and may not be used for operation of an Internet Service Provider. Commercial wireless customers are held to these same restrictions and may not use their Cuttyhunk Wifi Group LLC. wireless service for hosting services of any kind other than those defined above.

All Cuttyhunk Wifi Group LLC. customers are held to the terms of our Acceptable Usage Policy found at  www.cuttyhunkwifi.com/page4.html.

Violations
Customers determined to be in violation of this policy may have service suspended or bandwidth limited as the individual case warrants. Repeat offenders may have service suspended or terminated as Cuttyhunk Wifi Group LLC. sees fit