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YOU MUST READ THIS SUBSCRIBER AGREEMENT ("SUBSCRIBER AGREEMENT") BEFORE APPLYING FOR, ACCEPTING, OR USING A VERISIGN WILDCARD SSL CERTIFICATE (A "WCSSL CERTIFICATE" AS DEFINED IN SECTION 2). IF YOU DO NOT AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE WILDCARD SSL CERTIFICATE. BY CLICKING "ACCEPT" BELOW OR BY ACCEPTING OR USING A WILDCARD SSL CERTIFICATE, YOU AGREE TO BECOME A PARTY TO, AND BE BOUND BY, THE TERMS OF THIS AGREEMENT. BY CLICKING "DECLINE" BELOW, YOU INDICATE THAT YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND WILL NOT BE A VERISIGN SUBSCRIBER.
1. Definitions. The capitalized terms used in this Subscriber Agreement shall have the following meanings unless otherwise specified and any reference to the singular includes the plural and vice versa.
"Authenticate" or "Authentication" means the actions a CA takes, consistent with the VeriSign CPS, to confirm that (i) the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application, (ii) the Subscriber's organization does in fact exist, (iii) the Subscriber's organization has authorized the Certificate Application, and (iv) the person submitting the Certificate Application on behalf of the Subscriber is authorized to do so.
"Certificate Applicant" or "Applicant" means an individual or organization that requests the issuance of a WCSSL Certificate by a CA.
"Certification Authority" ("CA") means an entity authorized to issue, manage, revoke, and renew digital certificates in the VTN.
"Certificate Signing Request" ("CSR") means a script of characters generated by Subscriber's Server and submitted to a CA in conjunction with Subscriber's distinguished name information and a copy of its public key.
"Compromise" means a loss, theft, disclosure, modification, unauthorized use, or other compromise of the security of a private key
"Common Name" ("CN") means a domain name when used in Class 3 organizational certificates (e.g. www.domainname.com).
"Dedicated Account Manager" means a VeriSign designated sales representative for ordering WCSSL Certificate(s).
"Derivative Work" means the meaning set forth in Section 10.
"Device" means a network management tool, such as a server load balancer or SSL accelerator that routes electronic data from one point to single or multiple devices or servers.
"Domain" means a domain name, host name or IP address (if applicable) assigned to a Server and/or Device and owned by the Subscriber used in a Class 3 organizational certificate.
"Licensed Certificate Option" means the service option that grants a Subscriber the right to use a WCSSL Certificate on one physical Device and obtain additional WCSSL Certificate licenses with the identical Common Name for each physical Server or Device that such aforementioned physical Device manages, or where replicated WCSSL Certificates may otherwise reside.
"Relying Party" means an individual or organization that acts in reliance on a digital certificate and/or a digital signature.
"Relying Party Agreement" means an agreement used by a Certification Authority setting forth the terms and conditions under which an individual or organization acts as a Relying Party, such as the VeriSign Relying Party Agreements that are published at http://www.verisign.com/repository/rpa/index.html.
"Sales Order Confirmation" means the e-mail or fax from your VeriSign Dedicated Account Manager confirming the details of your order, including, but not limited to, the product(s) ordered, quantity ordered, optional features (if any) and service(s) fees and Sales Order Number.
"Secure Site Certificate" or "Secure Server ID" shall mean a Class 3 organizational certificate that supports only 40-bit SSL sessions between export-version clients and servers and strong 128-bit SSL sessions between other clients and servers.
"Secure Sockets Layer" ("SSL") shall mean an industry-standard method for protecting Web communications developed by Netscape Communications Corporation. The SSL security protocol provides data encryption, server authentication, message integrity, and optional client authentication for a Transmission Control/Internet Protocol connection.
"Server" shall mean a computer or device on a network that manages network resources, including, but not limited to a Web, e-mail, file or application server.
"Subject" is the holder of a private key corresponding to a public key. A Subject is assigned an unambiguous name, which is bound to the public key contained in the Subject's digital certificate.
"Subscriber" is an organization that owns the Server or Device that is the subject of, and that has been issued a WCSSL Certificate. A Subscriber is capable of using, and is authorized to use, the private key that corresponds to the public key listed in the WCSSL Certificate.
"VeriSign CPS" "VeriSign CPS" shall mean the VeriSign Certification Practice Statement, as amended from time to time, which may be accessed from http://www.verisign.com/repository/cps/.
"VeriSign Intellectual Property Rights" shall have the meaning set forth in Section 9.
"VeriSign Trust Network" or "VTN" shall mean VeriSign's global public key infrastructure ("PKI") that provides digital certificates for both wired and wireless applications.
2. Description of the Wildcard SSL Certificate. This section sets forth the terms and conditions regarding your application for a WCSSL Certificate ("Certificate Application") and, if VeriSign accepts your Certificate Application, the terms and conditions regarding your use of the WCSSL Certificate to be issued by VeriSign to you as "Subscriber" of that WCSSL Certificate.
The WCSSL Certificate for which you have applied on behalf of your organization is a unique form of Secure Site Certificate, issued in accordance with Section 3, containing an asterisk ("*") in the left-most element of the certificate's Common Name, with each asterisk representing a sub-domain). Furthermore, within that leftmost element, text may exist to the left of the * but not to the right of it (e.g., "w*.yoursite.com" matches "www.yourwebsite.com"). By issuing a certificate with the asterisk in the Common Name, you are not required to identify each sub-domain in the certificate, but you are authorized to use the Certificate only on the number of sub-domain licenses you purchase. WCSSL Certificates are used in certain network configurations where the use of normal Secure Site Certificates would be technically impractical or infeasible, such as with certain server load balancing configurations.
A WCSSL Certificate is an SSL Certificate within the VTN. SSL Certificates are issued to Servers and Devices to provide data encryption, server authentication, message integrity, and optional client authentication for a Transmission Control/Internet Protocol connection. WCSSL Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist, that the organization has authorized the Certificate Application, and that the person submitting the Certificate Application on behalf of the Subscriber organization was authorized to do so. WCSSL Certificates also provide assurances that the Subscriber organization is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application.
3. Processing Your Certificate Application. Upon VeriSign's receipt of the necessary payment information and upon completion of Authentication procedures required for the WCSSL Certificate you have purchased, VeriSign will process your Certificate Application. VeriSign will notify you whether your Certificate Application is approved or rejected. If your Certificate Application is approved, VeriSign will issue you a WCSSL Certificate for your use in accordance with this Subscriber Agreement. Your installation or use of the WCSSL Certificate is considered your acceptance of the WCSSL Certificate. After you pick up or otherwise install your WCSSL Certificate, you must review the information in it before using it and promptly notify VeriSign of any errors. Upon receipt of such notice, VeriSign may revoke your WCSSL Certificate and issue a corrected WCSSL Certificate.
4. Use Restrictions. You are prohibited from using your WCSSL Certificate (i) for or on behalf of any other organization; (ii) to perform private or public key operations in connection with any domain name and/or organization name other than that submitted by you on your Certificate Application; (iii) on more than one physical Server or Device at a time, unless you have purchased the Licensed Certificate Option; (iv) on more sub-domains than the number for which you are licensed for; or (v) for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage. If you are using the Licensed Certificate Option, you acknowledge and agree that this Option can result in increased security risks to your network and that VeriSign expressly disclaims any liability for breaches of security that result from the distribution of a single private key across multiple devices. VERISIGN CONSIDERS THE UNLICENSED USE OF A WCSSL CERTIFICATE ON A DEVICE THAT RESIDES ABOVE A SERVER OR SERVER FARM SOFTWARE PIRACY AND WILL PURSUE VIOLATORS TO THE FULLEST EXTENT OF THE LAW.
5. Revocation. If you discover or have reason to believe there has been a Compromise of your private key or the activation data protecting such private key, or the information within the WCSSL Certificate is incorrect or has changed, or if your organizational name and/or Domain registration has changed, you must immediately notify VeriSign and request revocation of the WCSSL Certificate and you must notify any person that may reasonably be expected by you to rely on or to provide services in support of the WCSSL Certificate or a digital signature verifiable with reference to the WCSSL Certificate. VeriSign retains the right to revoke your WCSSL Certificate if, within forty-five (45) days of receiving an invoice from VeriSign, you do not pay the invoice. VeriSign also retains the right to revoke your WCSSL Certificate if you fail to perform any material obligations under the terms of this Subscriber Agreement or if, in VeriSign's sole discretion, VeriSign determines that you have or may have compromised the security or integrity of the VTN.
6. Obligations Upon Certificate Revocation or Expiration. Upon expiration or notice of revocation of your WCSSL Certificate, you shall permanently remove your WCSSL Certificate from the server on which it is installed and shall not use it for any purpose thereafter.
7. Representations and Warranties.
7.1 VeriSign Representations and Warranties. VeriSign represents and warrants to you that (i) there are no errors introduced by VeriSign in your WCSSL Certificate information as a result of VeriSign's failure to use reasonable care in creating the WCSSL Certificate; (ii) your WCSSL Certificate complies in all material respects with the VeriSign CPS; and (iii) VeriSign's revocation services and use of a repository conform to the VeriSign CPS in all material aspects.
7.2 Your Representations and Warranties. You represent and warrant to VeriSign and anyone who relies on your WCSSL Certificate that (i) all the information you provide and all the representations you make to VeriSign in your Certificate Application are accurate; (ii) no WCSSL Certificate information you provided (including your e-mail address) infringes the intellectual property rights of any third parties; (iii) the Certificate Application information you provided (including your email address) has not been and will not be used for any unlawful purpose; (iv) you have been (since the time of its creation) and will remain the only person possessing your private key and no unauthorized person has had or will have access to your private key; (v) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase, PIN, software, or hardware mechanism protecting your private key and no unauthorized person has had or will have access to the same; (vi) you will use your WCSSL Certificate exclusively for authorized and legal purposes consistent with this Subscriber Agreement; (vii) you will use your WCSSL Certificate as an end-user Subscriber and not as a Certification Authority issuing certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is your digital signature, and the WCSSL Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Subscriber Agreement as a condition of obtaining a WCSSL Certificate; and (x) you will not monitor, interfere with, or reverse engineer the technical implementation of the VTN, except with the prior written approval from VeriSign, and shall not otherwise intentionally compromise the security of the VTN. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on the information in a digital certificate issued within the VTN, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligations you might have as a Relying Party under the applicable Relying Party Agreement.
8. Fees, Payments and Term of Service. As consideration for the WCSSL Certificate you have purchased, you agree to pay VeriSign the applicable service(s) fees listed in your Sales Order Confirmation, provided by the Dedicated Account Manager. All fees are due immediately and are non-refundable, except as otherwise expressly noted below in this Subscriber Agreement. Any renewal of your services with VeriSign is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal. VeriSign will provide you notice prior to the renewal of your services at least thirty (30) days in advance of the renewal date. You are solely responsible for the credit card information you provide to VeriSign and must promptly inform VeriSign of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. VeriSign shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. You agree to pay all value added, sales and other taxes (other than taxes based on VeriSign's income) related to VeriSign services or payments made by you hereunder. Set up fees, if any, will become payable on the applicable effective date for the applicable VeriSign services. You are responsible for notifying VeriSign of the need to purchase additional WCSSL Certificate licenses with the Licensed Certificate Option described herein. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
9. Ownership. Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software; and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the VeriSign services identified herein ("VeriSign Intellectual Property Rights") are owned by VeriSign or its licensors, and you agree to make no claim of interest in or ownership of any such VeriSign Intellectual Property Rights. You acknowledge that no title to the VeriSign Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the VeriSign or its licensors' service, other than the rights expressly granted in this Subscriber Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by VeriSign and all right, title and interest in and to each such Derivative Work shall automatically vest in VeriSign. VeriSign shall have no obligation to grant you any right in any such Derivative Work. You may not reverse engineer, disassemble or decompile the VeriSign Intellectual Property or make any attempt to obtain source code to the VeriSign Intellectual Property. You have the right to use the WCSSL Certificate under the terms and conditions of this Subscriber Agreement.
10. Modifications to Subscriber Agreement. Except as otherwise provided in this Subscriber Agreement, you agree, during the term of this Subscriber Agreement, that VeriSign may: (i) revise the terms and conditions of this Subscriber Agreement; and/or (ii) change part of the services provided under this Subscriber Agreement at any time. Any such revision or change will be binding and effective thirty (30) days after posting of the revised Subscriber Agreement or change to the service(s) on VeriSign's Web sites, or upon notification to you by e-mail. You agree to periodically review VeriSign's Web sites, including the current version of this Subscriber Agreement available on VeriSign's Web sites, to be aware of any such revisions. If you do not agree with any revision to the Subscriber Agreement, you may terminate this Subscriber Agreement at any time by providing VeriSign with notice. Notice of your termination will be effective on receipt and processing by VeriSign. Any fees paid by you if you terminate this Subscriber Agreement are nonrefundable. By continuing to use VeriSign services after any revision to this Subscriber Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. VeriSign is not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for VeriSign's services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of VeriSign is authorized to alter or amend the terms and conditions of this Subscriber Agreement.
11. Privacy. You agree that VeriSign may place in your WCSSL Certificate certain information that you provide for inclusion in your WCSSL Certificate. You also agree that VeriSign may publish your WCSSL Certificate and information about its status in VeriSign's repository of certificate information and make this information available to other repositories.
12. Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF VERISIGN'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 7, VERISIGN DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES VERISIGN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH VERISIGN'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VERISIGN'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERISIGN OR THROUGH VERISIGN'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. VERISIGN IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY. VERISIGN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BROAD COMPATIBILITY OF WCSSL CERTIFICATE(S). THE SUBSCRIBER IS ENCOURAGED TO SEEK THE MOST CURRENT SUPPORT DOCUMENTATION FROM ANY SERVER, DEVICE AND/OR CLIENT THAT MAY BE EXPOSED TO THE WCSSL CERTIFICATE.
13. Indemnity. You agree to release, indemnify, defend and hold harmless VeriSign and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any and all third party claims, demands, suits, actions, judgments, damages, costs, losses, expenses (including reasonable attorneys' fees and expenses) and other liabilities arising from, in connection with or related in any way to, directly or indirectly(i) this Subscriber Agreement or the breach of your warranties, representations and obligations under this Subscriber Agreement, (ii) falsehoods or misrepresentations of fact by you on the Certificate Application, (iii) any infringement of an intellectual property or other proprietary right of any person or entity, (iv) failure to disclose a material fact on the Certificate Application if the misrepresentation or omission was made negligently or with intent to deceive any party, or (v) failure to protect the private key, or use a trustworthy system, or to take the precautions necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of the private key under the terms of this Subscriber Agreement. When VeriSign is threatened with suit or sued by a third party, VeriSign may seek written assurances from you concerning your promise to indemnify VeriSign, your failure to provide those assurances may be considered by VeriSign to be a material breach of this Subscriber Agreement. VeriSign shall have the right to participate in any defense by you of a third-party claim related to your use of any VeriSign services, with counsel of VeriSign's choice at your own expense. You shall have sole responsibility to defend VeriSign against any claim, but you must receive the prior written consent of VeriSign regarding any related settlement. The terms of this Section 13 will survive any termination or cancellation of this Subscriber Agreement. As a Relying Party, you further agree to release, indemnify, defend and hold harmless VeriSign and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (i) your failure to perform the obligations of a Relying Party as set forth in the applicable Relying Party Agreement; (ii) your reliance on a certificate that is not reasonable under the circumstances; or (iii) your failure to check the status of such certificate to determine whether the certificate is expired or revoked.
14. Limitations of Liability. THIS SECTION APPLIES TO LIABILITY UNDER CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A WCSSL CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO TEN THOUSAND U.S. DOLLARS (US $10,000.00). THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE.
15. Force Majeure. Except for payment and indemnity obligations hereunder, neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, terrorist action, labor strike, lockout, boycott, provided that the party relying upon this Section shall (i) have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) take all reasonable steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in aggregate, the other party may immediately terminate this Subscriber Agreement.
16. Export. You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your WCSSL Certificate, to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, but is not limited to, the export regulations of the United States of America (the "United States"). Specifically, you shall not download or otherwise export or re-export any WCSSL Certificate into or to (i) a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, North Korea, Syria, or any other country where such use is prohibited under United States export regulations, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17. Severability. You agree that the terms of this Subscriber Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Subscriber Agreement; this Subscriber Agreement will be deemed amended to the extent necessary to make this Subscriber Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A. (irrespective of its choice of law principles). The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The parties hereby agree that any suit to enforce any provision of this Agreement or arising out of or based upon this Agreement or the business relationship between the parties hereto shall be brought in the United States District Court for the Northern District of California, U.S.A., or the Superior or Municipal Court in and for the County of Santa Clara, California, U.S.A. Each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party and each party hereby submits to the exclusive personal jurisdiction and venue of such courts. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.
19. Dispute Resolution. To the extent permitted by law, before you may invoke any dispute resolution mechanism with respect to a dispute involving any aspect of this Subscriber Agreement, you shall notify VeriSign, and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following:
(i) When each party to the dispute is a Canadian or U.S. resident or organization situated or doing business in Canada or the United States. All suits to enforce any provision of this Subscriber Agreement or arising in connection with this Agreement shall be brought in the United States District Court for the Northern District of California or the Superior or Municipal Court in and for the County of Santa Clara, California, U.S.A. The parties agree that such courts shall have exclusive in personam jurisdiction and venue and the parties submit to the exclusive in personam jurisdiction and venue of such courts. The parties further waive any right to a jury trial regarding any action brought in connection with this Subscriber Agreement.
(ii) Where one or more parties to the dispute is not a Canadian or U.S. resident or organization situated or doing business in Canada or the United States. All disputes arising in connection with this Subscriber Agreement shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) as modified as necessary to reflect the provisions herein by one or more arbitrators. The place of arbitration shall be in Zurich in Switzerland, and the proceedings shall be conducted in English. In cases involving a single arbiter, that single arbiter shall be appointed by mutual agreement of the parties. If the parties fail to agree to an arbiter within fifteen (15) days, the ICC shall choose an arbiter knowledgeable in computer software law, information security and cryptography or otherwise having special qualifications in the field, such as a lawyer, academician, or judge in common law jurisdiction. Nothing in this Subscriber Agreement will be deemed as preventing either party from seeking injun