Welcome to shieldalliance.com (the “Web Site”), which is a site owned and operated by Shield Alliance International Limited (together with its parent company, subsidiaries, divisions, branches, affiliates and/or any other entities under common ownership or control of Shield Alliance International Limited, collectively referred to herein as “OhPhish”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor of this Web Site.

Your access to and use of shieldalliance.com is subject to compliance with the terms and conditions set forth below (the “Terms & Conditions”) and if you are an End User, the End User License Agreement located at https://portal.ohphish.com/licence/eula.html shall apply to you and if you are an MSSP (Managed Service Security Provider) or MSP (Managed Service Provider), as applicable, the Managed Service Security Provider Agreement located at https://portal.ohphish.com/licence/mssp-agreement.html shall apply to you in addition to the EULA.

Your access to this Web Site (or portions thereof) and use of any materials (or portions thereof) is not intended, and is prohibited, where such access or use violates any applicable laws, rules or regulations.

Trial

If you are using OhPhish Technology for trial purposes, the trial related terms and conditions as specified in the EULA shall apply to you.

Modification of these Conditions of Use

Shield Alliance International Limited reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the shieldalliance.com website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Privacy

Please review our Privacy Policy, which governs our practices regarding the use and disclosure of your personal information (if any) collected through shieldalliance.com website and our online application.

Electronic Communications

When you visit shieldalliance.com or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically or by telephone. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright & Licenses

Unless otherwise indicated and except for materials in the public domain, this Web Site and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion (collectively “Materials”) and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through, this Web Site are protected by applicable copyright laws, trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of OhPhish and/or its third-party licensors.

You may print or download portions of the Materials from this Website as authorised, provided that you agree not to change or delete any copyright or proprietary notices from such Materials. If you believe any content appearing on our Website constitutes a copyright infringement of another party’s rights, please contact us immediately at [email protected] to notify us of this infringement.
Your submission of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Shield Alliance International Limited a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Shield Alliance International Limited.

License & Website Access

Shield Alliance International Limited grants you limited license to access and make personal use of this Website and not to download (other than for page caching purposes) or modify it, or any portion of it, except where explicitly authorised to do so. This Website or any portion of this Website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Shield Alliance International Limited. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of shieldalliance.com without the express written consent of Shield Alliance International Limited. You may not use META tags or any other “hidden text” which utilize shieldalliance.com or any other derivative of our domain, company name or registered trademarks without the express written consent of Shield Alliance International Limited. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the shieldalliance.com so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.It is further understood and agreed that Shield Alliance International Limited cannot and does not guarantee or warrant that files made available for downloading through the website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through shieldalliance.com are free from such contaminations.

Permisssions to use Logo

You grant permission to Shield Alliance International Limited to use your logo on the shieldalliance Website, or any other marketing material when referring to you. You will retain all title and rights to such logos.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY SHIELD ALLIANCE INTERNATIONAL LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHIELD ALLIANCE INTERNATIONAL LIMITED MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHIELD ALLIANCE INTERNATIONAL LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHIELD ALLIANCE INTERNATIONAL LIMITED DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SHIELD ALLIANCE INTERNATIONAL LIMITEDARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHIELD ALLIANCE INTERNATIONAL LIMITED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SHIELD ALLIANCE INTERNATIONAL LIMITED USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. SHIELD ALLIANCE INTERNATIONAL LIMITEDASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A SOMETHING IS LISTED AT AN INCORRECT WITH INCORRECT INFORMATION, SHIELD ALLIANCE INTERNATIONAL LIMITEDSHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Link

This Web Site may contain links and/or advertisements to other web sites maintained and/or owned by us in addition to links to web sites maintained and/or owned by third parties (“Linked Web Sites”). These Terms of Use do not apply to any such Linked Web Sites. An advertisement of, or link to, an Linked Web Site on this Web Site does not mean that we approve, endorse or accept any responsibility for such Web site, its content or use, or the use of products or services made available on or through such Web site, nor does ‘OhPhish’ present on any linked websites constitute or imply our endorsement of any such web site.

Linked websites are not under the control of SHIELD ALLIANCE INTERNATIONAL LIMITED and we are not responsible for the contents of any linked site or any link contained in a linked site. SHIELD ALLIANCE INTERNATIONAL LIMITED provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Shield Alliance International Limited.

You acknowledge and agree that we are not responsible for the actions, content, accuracy, legality, decency, opinions expressed, privacy and security policies, and/or products or services provided or made available on or through any Linked Web Site , nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.

Linked Web Sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws, rules and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind and hereby disclaim all warranties, expressed, implied, or otherwise, with respect to any and all Linked Web Sites which you may access through this Web Site, the content thereof, or the products and/or services made available on or through such web sites. If you decide to leave our Web Site and access such other web sites, you do so solely at your own risk and you hereby waive any and all claims against us with respect to such web sites and your use of or reliance on any information, materials, products or services made available on or through such web sites. All applicable terms of use, rules, policies (including privacy and security policies) and operating procedures of such other web sites will apply to your use or access thereof.

Governing Law

By visiting the shieldalliance.com website, you agree that the laws of Hong Kong, without regard to principals of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Shield Alliance International Limited.

Equitable Relief

Not withstanding the foregoing, SHIELD ALLIANCE INTERNATIONAL LIMITED will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the Dispute shall be resolved in accordance with the laws Hong Kong.

Limited Indemnification

You agree to indemnify, defend and hold harmless Shield Alliance International Limited, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and ‘costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the shieldalliance.com website.

International use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Other Provisions

Shield Alliance International Limited’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. SHIELD ALLIANCE INTERNATIONAL LIMITED may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved by SHIELD ALLIANCE INTERNATIONAL LIMITED.

Copyright and Trademark Claims

We respect the intellectual property rights of others and expect our customers and users of the Web Site and/or Materials to do the same. Whether you are the holder of a trademark or copyright, we are committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
To notify us that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.

Trademark Claims

1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), we request that the Complaining Party substantiate such claim by providing the following information via email to “[email protected]”. The words “Trademark Claim” should appear in the subject line.

To be considered effective, a notification of a claimed trademark violation must include the following information:

• The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
• The jurisdiction or geographical area to which the mark applies.
• The name, post office address and telephone number of the owner of the mark identified above.
• The goods and/or services covered by or offered under the mark identified above.
• The date of first use of the mark by the owner identified above.
• The date of first use in interstate commerce of the mark by the owner identified above.
• A description of the manner in which the Complaining Party believes its mark is being infringed upon.
• Sufficient evidence that the owner of the mark that is claimed to be infringing is a Cofense customer, if applicable.
• The precise location of the infringing mark, including electronic mail address, etc.
• A statement that the Complaining Party has a good faith belief that use of the mark in the manner complained of is not authorized by the trademark owner, its agent, or the law; and
• A good faith certification, signed under penalty of perjury, stating that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of the mark alleged to be infringed and that the information included in the notice is accurate.

2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, we will initiate an investigation. While we are investigating the claim, we, at our sole discretion and without any legal obligation to do so, may temporarily remove the display of the challenged material from the Web Site or other location, forward the Complaining Party’s written notification to the applicable Shield Alliance International Limited’s customer (if applicable), and/or if it is solely stored on a Shield Alliance International Limited’s server, temporarily remove or deny access to the challenged material.

3. If we conclude that the Complaining Party has raised a legitimate trademark claim, we may, at our sole discretion and without any legal obligation to do so, permanently remove the display of the challenged material from the Web Site or other location, suspend the applicable customer’s Shield Shield Alliance International Limited’s account and/or, if it is solely stored on a Shield Alliance International Limited’s server, permanently remove or deny access to the challenged material. If we conclude that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, we reserve the right to take no action or to restore, re-display or provide access to the challenged material (as applicable).

4. Copyright Notices

5. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, we request that the Complaining Party substantiate such claim by providing us with the following information via email to “[email protected]”. The words “Copyright Claim” should appear in the subject line.

To be considered effective, a notification of a claimed copyright infringement must include the following information:

• An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works (“Copyrighted Material”).
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
• A statement that the Complaining Party has a good faith belief that use of the Copyrighted Material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.



For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, we will remove or disable access to the material that is claimed by the Complaining Party to be infringing from the Web Site

If the Complaining Party provides us with proper and appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit us to locate and remove or disable the allegedly infringing material in question, or includes information concerning repeat infringement, then we will forward the Complaining Party’s written notification to such alleged Infringer (“Alleged Infringer”) and shall take reasonable steps promptly to notify the Alleged Infringer that we have removed or disabled access to such material. You acknowledge that if you fail to comply with all of the requirements of this Section B, your notice of copyright infringement may not be valid.

Notices
If you have any questions or comments, please submit them to us via email at [email protected]