Sophos alert service terms and conditions
1. Definitions:
'Services' means, individually and collectively, the service option(s) selected by You during the registration process for the ZombieAlert™ Service and/or the PhishAlert™ Service.
'Sophos' means Sophos Plc and its subsidiaries, or, as the context so applies, any of them.
'You' means the licensee and 'Your' means belonging to You or engaged by You or otherwise pertaining to You as the context so allows, whether on a temporary basis or otherwise.
'Your Internal Business Purpose' means use the Services for Your internal business purpose, relating specifically to the integrity of Your website address, email addresses, documents and other data.
2. Sophos's obligations
Sophos will provide You with the Services described above for Your Internal Business Purpose in accordance with the terms herein in consideration of receiving the fee. Although Sophos seeks to offer You the best service possible, Sophos does not monitor changes in IP address ownership and makes no promise that the Services will meet Your requirements or be fault free.
Provision of the Services may be occasionally restricted to allow for SophosLabs™ maintenance, updates or the introduction of new facilities or services. In such circumstances, Sophos will attempt to resume provision of the Services as soon as it is reasonably is able. If Sophos has difficulty delivering information to a particular email address, Sophos reserves the right to stop using that address.
The Services are provided solely as an 'alert service' and Sophos shall have no obligation to provide an analysis of the data nor to maintain records of past data. Sophos, at its option, may delete specific information from the data provided as part of the Services, including without limitation email addresses, company names, and the names of individuals, but shall have no obligation to do so.
3. Your obligations
- You agree that Sophos may provide the Services to You.
- You may use the Services for Your Internal Business Purpose only.
- You acknowledge that the Services are provided only as notification of the activities described above and that Sophos has no obligations other than notification with respect to such activities.
- You may use the Services for evaluation purposes only without payment of a fee for a maximum of 30 days or such other duration as is specified by Sophos at its sole discretion.
- The Services may include confidential information that is secret and valuable to Sophos. You are not entitled to disclose that confidential information to third parties other than as may reasonably be considered necessary in dealing with 'phishing' or 'zombie' attacks against You.
- You agree that You will use the Services in accordance with these Terms and Conditions and shall comply with all applicable laws and regulations.
4. Limitation of liability
Sophos seeks to ensure that the information contained in the Services is as accurate as possible. However, the Services are provided by Sophos without any warranties or guarantees. Sophos does not warrant the accuracy, completeness, currency, or reliability of any of the content or data provided as part of the Services or the service levels of the Services, including without limitation the timing and availability of the Services, and Sophos expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the Services will be error-free or that such errors will be corrected, all of which are hereby excluded to the fullest extent permitted by law.
To the full extent allowed by applicable law, You agree that Sophos shall not be liable for any injury, loss, claim, damage, or any exemplary, punitive, direct, indirect, incidental or consequential damages or any kind (including but not limited to lost profits or lost savings) whether based in contract, tort, strict liability or otherwise which arises out of or is in any way connected with the Services including (without limitation):
- a) any use of the Services or content provided therein;
- b) any failure or delay (including but not limited to the use of or inability to use any component of the Services) and any errors or interruptions in the Services;
- c) unsuitability, unreliability or inaccuracy of the Services;
- d) inadequacy of the Services to meet Your requirements;
- e) incompatibility of the Services with any of Your equipment, software or telecommunications links or any impact on Your bandwidth, etc.;
- f) any damage to or viruses that may infect Your computer equipment or other property on account of Your use of the Services;
- g) receipt by You of obscene or pornographic materials on account of Your use of the Services;
- h) any false positive results resulting from the Services;
- i) any encryption or lack thereof of the data provided as part of the Services.
Sophos's liability shall not be limited in the case of death or personally injury directly caused by Sophos's negligent act or omission.
5. General
- You may not assign, sub-licence or otherwise transfer any of Your rights under these Terms and Conditions without Sophos's prior written consent.
- By requesting a license to use the Services, You agree to fully and effectively indemnify Sophos for any third party claim, action, proceeding, liability or expense suffered by Sophos as a result of Your use of the Services.
- These Terms and Conditions shall be deemed severable. The illegality, invalidity or unenforceability of any part of these Terms and Conditions will not affect the legality, validity or enforceability of the remainder.
- Failure by Sophos to enforce these Terms and Conditions shall not be construed as a waiver of any of its rights under it.
- Sophos shall not be responsible for any breach by it of these Terms and Conditions caused by circumstances beyond its reasonable control.
- A party who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from such Act.
- Sophos reserves the right to make changes to these Terms and Conditions at any time. Your use of the Services following such changes constitutes Your acceptance of these changes.
- Sophos may amend these Terms and Conditions at any time by reasonable notice, including without limitation by posting revised terms on its website at the URL www.sophos.com/legal, which amended Terms and Conditions shall be binding upon You.
- These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter. These Terms and Conditions shall be governed and submitted to the laws of England and Wales and the non-exclusive jurisdiction of the English courts. Notwithstanding the foregoing, Sophos shall have the right to seek injunctive, or similar, relief in any courts of competent jurisdiction.
