Terms and Conditions
DMCA, Copyright and Trademark Takedowns
Terms and Conditions ("Terms")
Last updated: 18 September 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Phishing Takedown Service, Legal Takedown Service and/or DMCA Badge (together the “Services”) offered by PhishFort as indicated on thehttps://www.phishfort.com/
website operated by PhishFort ("us", "we", or "our").
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services.
PhishFort offers two takedown services: the Phishing Takedown Service and the Legal Takedown Service (together the “Takedown Service”).
The Phishing Takedown Service includes:
(1) reporting the phishing site into both PhishFort’s blacklist and third party blacklists; and
(2) reporting the phishing site to the hosting provider and domain registrar for websites, the relevant app store for apps, and social media platform for social media incidents.
The Legal Takedown Service involves the sending of the requisite DMCA, copyright, and/or trademark notice to the owner and/or hosting provider for websites, the relevant app store for apps, and social media platforms for social media incidents. The notice shall be sent by PhishFort on your behalf in compliance with applicable law.
PhishFort will first investigate a request for the Takedown Service and assess whether there is a legitimate infringement and/or phishing incident before proceeding with the relevant Takedown Service.
No guarantee is implied or offered in any way as to the success of the takedown or removal of infringing and/or phishing content.
Takedown Service purchases and fees
1) If you wish to make use of and purchase the Takedown Service (the “Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your: contact details (including name, email address and phone number); credit card information for payment; and declaration of good faith.
2) The Takedown Service and Purchase thereof will be billed a once-off fee in advance (the “Fee”).
3) In the event we are of the opinion that the Takedown Service is unable to be rendered, 100% of the Fee may be refunded (the “Guarantee”).
Indemnity and Limitation of Liability
1) PhishFort is not a law firm and does not purport to provide legal advice of any kind. PhishFort agrees to act as the non-exclusive agent for purposes of the copyright and/or trademark takedown notification process only. Should your matter require legal assistance, PhishFort will advise you to seek the counsel of a lawyer.
2) PhishFort shall not be held liable for any legal or other fees incurred by, from or on you as a result of the copyright and/or trademark infringement, and/or the requisite takedown notification process.
3) You indemnity PhishFort against any and all expenses and losses, including all legal and attorneys’ fees and costs, as a result of acting on your behalf as your non-exclusive agent, or for any breach by you of this Agreement.
(1) By making the Purchase, paying the Fee, and accepting these Terms and Conditions you expressly appoint PhishFort to act as your non-exclusive agent for the purposes of the Takedown Service only.
(2) PhishFort accepts the appointment to act on your behalf only for the Takedown Services as described herein.
The DMCA Badge
DMCA Badge Terms and Conditions
1)PhishFort provides a badge for website, webpage, and other platform owners (“Site Owner(s)”) to place upon their website and/or webpage. The DMCA Badge allows PhishFort to monitor, track, and detect copyright and/or trademark infringements carried out against DMCA Badge holders.
(2) The DMCA Badge is provided as follows:
Option 1: As a monitoring, tracking, and detection service only. The takedown or removal of content may therefore be provided at the request of the Site Owner in accordance with the terms of the Takedown Service.
Option 2: As a monitoring, tracking, detection and takedown service. The price and number of takedowns included in the service is to be determined based on the Site Owner’s needs as discussed with PhishFort. (Option 1 and Option 2 together referred to as the “Service Options”).
3) If PhishFort detects an infringement, the Site Owner will be notified. Depending on the Service Option selected, the Site Owner will have the choice to takedown the site unassisted, or to engage PhishFort for the Legal Takedown Service. The costs of the agreed Service Option apply.
DMCA Badge Acceptable Use Policy (“AUP”)
In the event that any of the terms of this AUP are not being met, PhishFort reserves the right to terminate the provision of the DMCA Badge, and, where required, report any illegal activity to the relevant authorities.
1) The DMCA Badge shall be displayed and used on a website/webpage to promote PhishFort’s protection of the website and/or webpage.
2) The DMCA Badge shall only be used as it is intended, displayed, designed, and promoted in this Agreement and on the PhishFort website.
3) The DMCA Badge must link directly to the PhishFort website without any interference, redirect, advertising (both direct and indirect), or additional webpages not belonging to PhishFort. Users who access or click on the DMCA Badge must experience the intended, designed, and promoted click through process as created by PhishFort.
4) The DMCA Badge shall be added to the Site Owner’s website/webpage following the instructions of PhishFort’s staff, management, authorised agent, or as described on the PhishFort website. Any use of the DMCA Badge without the direct instruction of PhishFort is deemed unacceptable.
5) The DMCA Badge shall not be displayed or used on a website/webpage or other platform where impermissible content is being displayed.
6) The DMCA Badge shall not be displayed or used on a website/webpage or other platform to protect or promote the protection of content which has been obtained without permission or illegally.
7) The DMCA Badge shall not be displayed or used on a website/webpage or other platform to promote harm or hatred toward any person, party, organisation, or group.
8) The DMCA Badge shall not be displayed or used on a website/webpage or other platform to protect or promote the protection of content which is prohibited by the laws of the jurisdiction in which the host provider of the website/webpage or other platform is located and/or incorporated.
Removal of the DMCA Badge
1) PhishFort reserves the right to terminate the delivery of the DMCA Badge without notification to the Site Owner, if the website/webpage or domain displaying or using the DMCA Badge is promoting content which is, in PhishFort’s sole discretion, illegal, violating, or infringing any copyright and/or trademark rights, or content which may violate the AUP, or may subject PhishFort to any liability.
2) PhishFort may inform the Site Owner of the reason of removal.
3) PhishFort shall not, under any circumstances, be liable or responsible for the removal of the DMCA Badge, or for the illegal and/or unauthorised replication, access, or redistribution of the Site Owner’s content.
Limitation of Liability and Indemnity in Relation to DMCA Badge
1) PhishFort, its employees, management, contractors, or agents shall not be held liable, responsible, or be included in any legal proceeding/action against a Site Owner resulting from the inclusion of the DMCA Badge or related content on their website/webpage.
2) PhishFort, its employees, management, contractors, or agents shall not be held liable or responsible for any issues resulting from the inclusion of the DMCA Badge on a website, webpage, or other platform. PhishFort makes no statement regarding the performance, function, or other technical aspect of a website once the DMCA Badge has been included.
3) PhishFort shall not be held liable for any unauthorised use, access, replication, redistribution, infringement, misappropriation, or violation by the Site Owner on any copyright, trademark, trade secret, patent, or other rights held by a third party.
4) The Site Owner indemnifies PhishFort against any and all expenses and losses, including all legal and attorneys’ fees and costs, as a result of the inclusion of the DMCA Badge, the Site Owner’s misconduct as stated in (3) above, or for any breach by the Site Owner of this Agreement.
PhishFort confirms that any information submitted to it (including all names, email addresses and phone numbers), is strictly confidential. We will not share or sell any information provided us with anyone not required for the purposes of the copyright and/or trademark takedown. All communication regarding any takedown is held in strict confidence.
Links to Third Parties
Our Services may contain links to third-party services or web sites that are not owned or controlled by PhishFort.
PhishFort has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services or web sites. You further acknowledge and agree that PhishFort shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 10 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.
PhishFort makes no guarantees of service of any kind, whether expressed or implied, for the Services it is providing.