Terms of uses

1. For the purpose of this document

1.1. The term “Services” shall mean the set of messaging services and other related services that are made accessible to business customers on the Alinto platform. 1.2. The term “Customer” shall mean a contractor to Alinto or to one of its resellers who has been granted the right to use the Services for itself and for its employees or any of its representatives. 1.3. The term “User” shall mean a person, group of persons or an entity, within the organization of the Customer or in relation to the Customer, for which was created a personal account on the Alinto service platform and which is therefore autorized to access the Services. Each User is associated a mailbox, an email address and disk storage space as well as personal data that enables to identify the corresponding person or a representative of the corresponding entity or group of persons. 1.4. The term “Content” shall mean any information, data, text, software, music, sound, photograph, graphics, video, or other material that a User may generate, receive, post, transmit or store when using the Services.

 2. Purpose and extent of the Policy

2.1. The purpose of this Policy is to set the terms and conditions under which the User shall use the Services, especially the respective liabilities of User and Alinto in using the Services as well as the fair behavior expected from the User. 2.2. This Policy shall apply without restriction to any User, who implicitly accepts it at the time he is being provided an account to access the Services.

 3. Liabilities

3.1. User recognizes that every Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. Therefore User shall be considered entirely responsible for every Content that he may upload, generate, transmit or otherwise make available via the Services. 3.2. Alinto does not perform any preliminary check on any Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. User therefore understands and accepts that by using the Service, he may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances shall Alinto 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, transmitted, received, stored or otherwise made available via the Services. 3.3. Alinto exerts best effort in the implementation of Services to ensure high quality thereof, namely high quality of transport and storage of messages and related data. Nevertheless, Alinto’s liability shall not be engaged, and User accepts it, in the event that Services do not operate properly due to any reason out of control of Alinto. This includes but is not limited to:

• 3.3.a. Because of the nature of the Internet network and of public networks, any delay, loss, duplication or corruption of messages when using Services,
• 3.3.b. Any incorrect behavior or insufficient performance of technical control software such as AntiVirus,
• 3.3.c. Any unavailability or inadequate performance of Services or any technical problem arising in using them when these are due to network failures, failures of any network or processing equipment not controlled by Alinto or incompatibility of the hardware and/or software configuration used by Customers or Users.

3.4. User acknowledges that Alinto cannot be held liable for the possible losses, modifications, corruptions, and degradations of any kind of any data of a User related to the Services once these losses, modifications, corruptions, or degradations are a direct or indirect consequence of any action performed by the User or the Customer. 3.5. Alinto reserves the right to consider any complaints regarding any User of the Customer, including but not limited to complaints about the behavior thereof in using the Services, to also apply to the Customer.

 4. Usage rules and non acceptable user behavior

4.1. User shall not do anything which is contrary to the acceptable use policies of any connected networks and Internet standards and comply with all applicable ethical rules in using the Services. 4.2. User shall not send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities. In particular, User is not allowed to send large mass mailing without the prior information and acceptance thereof by Alinto. Alinto Business Product Line End User Acceptable Usage Policy V1.0. 4.3. User shall not send unsolicited bulk email – known as spam – including but not limited to advertisements or solicitations, commercial or otherwise. 4.4. User shall not insert or knowingly or recklessly transmit or distribute a virus. 4.5. Where applicable User is responsible for maintaining the confidentiality of its username and the password assigned to it on registration. As a result User is fully responsible for all activities which occur under them. User must notify Alinto immediately if it becomes aware of any unauthorized use of its username and password. 4.6. User shall not use the Services to intentionally or unintentionally violate any applicable regulation or local, national or international law. Transmission, distribution or storage of any information, data or material which is in violation of the above mentioned regulations or laws is prohibited and Alinto reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activities. 4.7. Not including any possible additional action, including any legal action, User who would deliberately and repeatedly not comply with the herein listed usage rules may have its account disabled or disallowed further service, namely to forestall further abuse or damage to email systems. Should this occur, Customer shall be notified as soon as possible.

 5. Confidentiality of data

5.1. Alinto shall not use or reveal any personal data of the User for promotional or commercial purposes. 5.2. Alinto shall not reveal any information regarding the User, namely any Content or any data exchanged by it, to any third party, except upon presentation of a valid request to do so by a legal authority in the framework of a legal action involving the User.

 6. Quality of service

6.1. User recognizes that Services are made available to him “in the state of Art”. User shall use the Services at its own risks and shall hold Alinto harmless in case of any damage, such as damage caused by viruses or obliteration of data, arising from its use of Services. 6.2. Alinto reserves the right to suspend temporarily Services for maintenance purposes and User accepts, without any compensation thereof, that Services may therefore from time to time not be available to him. 6.3. User acknowledges that no more message can be delivered to him as long as the size of its mailboxes is over the maximum size allowed, if any, that was set at the creation of its account and User understands that it is his responsibility to clean its mailbox in that case. 6.4. User acknowledges that the quality of the Services may be limited by the technical capabilities of the equipment used to access them and that the way messages or data are delivered to the User may depend on the equipment used.

 7. Updates

7.1. User acknowledges that the present Policy may be updated from time to time and implicitly agrees on the terms and conditions of the future version of the present Policy as long as he uses the Services.