Standard Terms & Conditions
Compliance with Law
Transmission, distribution, or storage of any information, data or material in violation of regulation or law is prohibited. Such data or material includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, as to which transmission or use is unauthorized or constitutes an infringement of intellectual property rights.
1. The Customer shall be solely responsible for providing, updating, uploading and maintaining content and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Content shall also include any registered domain names provided by the customer or registered on behalf of the customer
2. Customer shall not transmit any material that is, in ALESCO's sole judgement, unlawful, obscene, of an "adult nature", pornographic, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local or international law.
3. Customer further represents and warrants that all files, media or other materials transmitted via or hosted by Alesco on customer's behalf, shall not contain any false or misleading advertising and do not constitute unfair competition, defamation, invasion of privacy, misappropriation of rights of celebrity, violation of any anti-discrimination laws, or violation of any other right of any individual or organization or contain anything libelous.
4. The customer warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting, including all intellectual property rights.
5. The customer agrees to indemnify Alesco against actions brought by a third party as a result of such material or information, or as a result of the customer's use in any way of the Services provided by Alesco.
Mass E-Mail Restrictions
1. ALESCO has a policy of zero tolerance for Unsolicited Commercial E-mail ("UCE") that is in any way associated with Alesco, its Customers, or any of its Customers' associates. Customer is specifically prohibited from using UCE as a means of advertising data or services hosted on Alesco's network, or using the network to distribute such materials.
2. Customer is further prohibited from: selling bulk E-mail software (spamware) which has a "stealth" or filter avoidance mode; selling software designed to harvest E-mail addresses from the net; selling E-mail addresses extracted from the net, "targeted" or not; selling services, media or software with spammer specific features; providing bulk mailing services; providing services for spammers; redirecting to or promoting links to web sites which do any of the above; causing any Alesco IP address to be "black listed".
3. Violation of this policy may result in any one of the following:
3.1. removal of the domain name server ("DNS") for the advertised / originating site,
3.2. temporary shutdown of the server or a block on outgoing mail, or
3.3. permanent disconnection of service.
Violations of this policy include, but are not limited to:
1. sending mail to users who have not specifically requested receipt of such mail,
2. sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at Alesco to users that have not specifically requested the mail and
3. forging of message headers to mask the originator of the message.
Right to Deactivate account
1. When ALESCO becomes aware of an alleged violation of this Agreement, ALESCO will initiate an investigation. During the investigation, ALESCO may restrict customer’s access in order to prevent further potentially unauthorized activity.
2. Depending on the severity of the violation, Alesco may, in its sole discretion, restrict, suspend, or terminate customer's services and/or pursue other civil remedies. If such violation is a criminal offence, Alesco will notify the appropriate law enforcement authorities of such violation.