Acceptable Use Policy

1. INTRODUCTION

The Acceptable Use Policy is intended to set forth the terms and conditions of use of service and help protect Hutman customers and the Internet community from abusive use of the Internet. A customer's use of Hutman service constitutes acceptance of this Acceptable Use Policy. Hutman reserves the right to revise and update this Acceptable Use Policy from time to time, so you should periodically review the policy to see if it has been changed.

2. VIOLATIONS OF HUTMAN'S ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.

c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

e. Fraudulent activity. Using the Services 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," and "chain letters."

f. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.

h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hutman's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

i. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

k. Reselling the services. Reselling the Services without Hutman's authorization.

l. Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Hutman Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the user's responsibility to ensure that their network is configured in a secure manner. A user may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A user may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

m. Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Users may stay connected so long as they are actively using that connection for the above purposes. Users may not connect on a standby or inactive basis in order to maintain a connection. Accordingly, Hutman maintains the right to terminate any member's connection following any extended period of inactivity as determined by Hutman.

n. Exceeding Web Site Size and Traffic Limitations: All Hutman Members receive 5MB free webspace for use with their Hutman Internet access account. Each member’s free webspace is allocated 750MB of traffic per month.

3. REPORTING VIOLATIONS OF HUTMAN'S POLICIES

Hutman requests that anyone who believes that there is a violation of this agreement direct the information to Abuse Department, at: abuse@hutman.net.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

Hutman may take any one or more of the following actions in response to complaints:

• issue warnings: written or verbal
• suspend the users's account
• terminate the users's account
• bill the user for administrative costs and/or reactivation charges
• bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

4. TECHNICAL SUPPORT POLICIES

Hutman offers free technical support to assist customers with the setup and configuration of Hutman Internet accounts.

Hutman phone-based technical support is to be used when a customer requires assistance with problems involving the process of dialing into the system and establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet E-Mail. Hutman phone based technical support is not to be used for other applications, including but not limited to, questions regarding writing or setting up WWW pages, nor for assistance on how to use any operating system (e.g.Windows, MacOS, or Unix).

Customers may also receive E-mail based technical support from help@hutman.net. E-mail messages are answered based on priority and most messages will be responded to by the next business day after receipt.

5. DISCLAIMER

The Hutman service provided is provided on an AS IS, AS AVAILABLE, BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HUTMAN EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE HUTMAN SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HUTMAN, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive the termination of this agreement for whatever reason.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HUTMAN, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENITAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE HUTMAN SERVICE, including but not limited to reliance on any information obtained on the Hutman service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Hutman records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT HUTMAN IS GIVEN NOTICE OF THE POSSIBLITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM HUTMAN OR ITS AFFILIATES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

HUTMAN RESERVES THE RIGHT TO MODIFY THIS POLICY AT ANY TIME AND WITHOUT ADVANCE NOTICE.