SPAMHAUS COMMUNITY SUBMISSION PORTAL - TERMS AND CONDITIONS

(“Terms and Conditions”)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. Overview

1.1. These Terms and Conditions tell you the rules for using our website: submit.spamhaus.org (our site).

1.2. submit.spamhaus.org is a site operated by The Spamhaus Project SLU ("we" “us”). We are registered in Andorra under company number 18159 and have our registered office at Av. Princep Benlloch 26-30, Edifici Rabassa 2a planta, Andorra la Vella, AD500, Andorra.

1.3. To contact us, please complete this form.

1.4. By using our site, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use our site.

2. Applicable Terms

2.1. These Terms and Conditions refer to the following additional terms, which also apply to your use of our site:

• 2.1.1. Our Privacy Policy; and
• 2.1.2. Our Document Storage Policy; which is 5 years.

3. Changes to these terms

3.1. We may amend these Terms and Conditions from time to time without notice to you. Every time you wish to use our site, please check these Terms and Conditions to ensure you understand the terms that apply at that time.

3.2. We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

4. Purpose of our site

4.1. Our site can be used by you to submit content for us to review and consider whether any such content should be included in our datasets.

4.2. All content submitted by you must be provided in a format compatible with our site’s designated standards and specifications. We will not be responsible if you are unable to submit any information to us on our site due to your information not meeting our required standards and specifications.

4.3. Where guest submissions are made you will be required to verify your email address before the submission can be completed.

4.4. Accounts can be opened to remove the requirement of verifying your email address for each submission. Authentication for accounts can be done via GitHub, Google and LinkedIn.

4.5. Once authenticated submissions can be made via an API using a token for authentication.

4.6. We do not guarantee that any content that has been submitted by you will be included in our datasets or will be used by us in anyway.

5. Site availability

5.1. Our site is made available free of charge.

5.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

5.3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.

5.4. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

5.5. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

5.6. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

6. Uploading content to our site

6.1. You must only use our site in a manner and for a purpose that is lawful and in compliance with any and all applicable laws and regulations.

6.2. You warrant that any use of our site is lawful and in compliance with any and all applicable laws and regulations, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

6.3. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain your ownership rights in your content (if any), but you are required to grant us a limited licence to use, store and copy that content and to distribute in any way we wish and make it available to third parties.

6.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

6.5. We have the right to remove any submission you make on our site if, in our sole opinion, your submission is unfair or potentially illegal.

7. Unauthorised content

7.1. You may not upload or submit any content that:

• 7.1.1. is sexually explicit;
• 7.1.2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
• 7.1.3. promotes violence;
• 7.1.4. promotes or assists in any form of unlawful activity;
• 7.1.5. could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence;
• 7.1.6. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
• 7.1.7. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• 7.1.8. is calculated or is otherwise likely to deceive another person;
• 7.1.9. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
• 7.1.10. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
• 7.1.11. implies any form of affiliation with us where none exists;
• 7.1.12. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
• 7.1.13. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.2. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

7.3. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

• 7.3.1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• 7.3.2. any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

7.4. The provisions in this clause 7 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

7.5. If you upload or submit content that is clearly illegal or in breach of clause 7 of these Terms and Conditions, we may suspend your access to our service for any period of time. We may also inform law enforcement if we suspect that any content has been uploaded by you which is illegal.

7.6. If you submit content that are clearly unfounded, we may suspend the processing of any content from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your content.

8. Rights you are giving us to use content you upload

8.1. When you upload or post content to our site, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable licence to use, publish, reproduce, distribute, prepare derivative works of and display the content in any way we wish across different media.

9. Our intellectual property rights

9.1. We are the owner or the licensee of all intellectual property rights in our site, and in the content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

9.3. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

9.4. If you print off, copy, download, share or repost any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. Keeping your account details protected

10.1. If you choose to register an account with us and are provided with, a user identification name or code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

10.2. We have the right to disable any user account, identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

10.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via this contact form [inset link].

11. Our liability

11.1. To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our site or the use of or reliance upon any content included on our site.

11.2. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our site or any content included on our site.

11.3. If you are a business user, we will not be liable for:

• 11.3.1. loss of profits, sales, business, or revenue;
• 11.3.2. business interruption;
• 11.3.3. loss of anticipated savings;
• 11.3.4. loss of business opportunity, goodwill or reputation; or
• 11.3.5. any indirect or consequential loss or damage.

11.4. If you are a consumer user:

• 11.4.1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.5. We exercise all reasonable skill and care to ensure that our site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our site (including the downloading of any content from it) or any other site referred to on our site.

11.6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

12. Third party sites

12.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

12.2. This site may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

13. Your personal data

13.1. We will only use your personal information as set out in our privacy policy.

14. Content complaints

14.1. If you wish to complain about any content, please contact us via this form

15. Governing law and jurisdiction

15.1. If you are a consumer, please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.

15.2. If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.