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Phishing feed - terms of use

1. Introduction

1.1. These are the terms and conditions for the use of Nominet's [Phishing Feed] service (the "Service").

1.2. These terms and conditions should be read in conjunction with Nominet's standard terms and conditions for Registrars which are incorporated into these terms and conditions and apply to your use of the Service. If there is any conflict between these terms and conditions and Nominet's standard terms and conditions for Registrars, these terms shall prevail.

1.3. To provide the Service, Nominet receives feed(s) of domain names from a third party service provider(s) which are thought to be used for phishing purposes. If you accept these terms and conditions and agree to receive the Service, Nominet may send you details of domain names it is notified of and for which you are the Registrar.

2. Use of the Service

2.1. You may only use the Service only for the purposes of defending the Internet community from phishing attacks.

3. Cost of the Service

3.1. Nominet does not charge for providing the Service.

4. Availability of the Service

4.1. Nominet relies on a third party service provider to provide it with the information it requires to provide the Service. As a result, Nominet is unable to guarantee that the Service will be available.

5. Accuracy of the Service

5.1. Nominet does not check the information received from its third party service provider and does not warrant or provide any guarantee that any information sent to you as part of the Service is accurate.

5.2. It is your responsibility to check that the domain names we send to you are being used for phishing (or other illegal) purposes before taking any action in respect of those domain names. Nominet will not be responsible for any claims that are made against you because of action you take in respect of any domain names notified to you as part of the Service.

6. Limitation of Liability

6.1. Nothing in these terms and conditions limits:

6.1.1. our liability for death or personal injury arising from our negligence;

6.1.2. our liability for fraudulent misrepresentation; or

6.1.3. any other liability which cannot be excluded or limited under applicable law.

6.2. Subject always to Clause 6.1:

6.2.1. Nominet shall not be liable for any interruptions, faults, interferences, delays, omissions or errors of any kind in the Service (or in any information you receive from Nominet in respect of the Service) or for any loss or damage arising therefrom, whether or not such loss was known or anticipated by Nominet;

6.2.2. Nominet's total liability (whether in contract, tort (including negligence) or otherwise) under or in connection with the provision of the Service shall not exceed £5,000 (five thousand pounds);

6.2.3. Nominet shall not be liable for any loss of production or corruption to software or data, loss of profits or of contracts, loss of business or of revenues, loss of operation time, loss of goodwill or reputation, whether caused directly or indirectly or for any other indirect or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused, whether arising under contract, tort (including negligence) or otherwise.

6.3. You acknowledge and agree that Nominet's obligations and liabilities in respect of Service are exhaustively defined in these terms and conditions which shall, to the fullest extent permitted by applicable law, be in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind, express or implied by law, statutory or otherwise relating to the Service.

7. Governing Law

7.1. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of England and Wales.

7.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

8. Entire Agreement

8.1. Save for fraudulent misrepresentations made by either party, these terms and conditions are the entire agreement of the parties concerning the Service and supersede any prior agreements, communications, representations and arrangements, written or oral.

8.2. You acknowledge that you have placed no reliance on any statements, warranties, representation (oral or written) made but not set out in or incorporated into these terms and conditions.