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YOUR INTERNET SERVICE PROVIDER ("ISP") HAS APPLIED FOR A VERISIGN SERVER DIGITAL IDSM ("CERTIFICATE") ON YOUR BEHALF, WHICH YOUR ISP WILL USE TO PROVIDE CERTAIN SECURITY FOR YOUR WEBSITE. BY ALLOWING YOUR ISP TO USE THIS CERTIFICATE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CONTACT VERISIGN IMMEDIATELY AT 1-650-426-3400 AND VERISIGN WILL REVOKE YOUR CERTIFICATE. ALL FEES PAID FOR THE CERTIFICATE WOULD THEN BE REFUNDED.
THIS SERVER CERTIFICATE END USER AGREEMENT ("Agreement") is made between VeriSign, Inc. ("VeriSign") and a certain certificate applicant ("Customer"). In consideration of the promises in this Agreement, and intending to be legally bound, the parties agree as follows:
1. Authorization. Customer represents that its ISP is authorized, as Customer's agent, to apply for, accept, install, maintain, and if necessary, initiate revocation of Customer's Certificate, all on Customer's behalf.
2. Fees and Issuance. All applicable fees for the Certificate shall be paid by the Customer, or the ISP on behalf of Customer. VeriSign shall issue a Certificate upon authenticating enrollment information.
3. VeriSign's Services.
3.1 Revocation Status Services. Upon inquiry, VeriSign shall use reasonable efforts to provide to all authorized CAs, Certified Users, and users of those Certificates in the VeriSign Secure Server Hierarchy information concerning the status of particular Certificates; provided, however, that VeriSign shall not be in breach of its obligations hereunder as a result of any delay in or failure of performance on its part that arises out of any equipment failure or telecommunications breakdown beyond the reasonable control of VeriSign.
3.2 Revocation of Certificates. Upon the request of Customer or ISP on behalf of the Customer, VeriSign shall revoke the Certificate of Customer. If the Customer's organizational name and/or domain name registration has changed, Customer shall immediately notify VeriSign, and VeriSign shall revoke Customer's Certificate.
3.3 Customer's Permissions. Customer agrees that VeriSign may publish the serial number or other content of the Certificate in connection with VeriSign's dissemination of Certificate status information within and outside of the VeriSign Secure Server Hierarchy.
4. SECURITY OBLIGATIONS. CUSTOMER ACKNOWLEDGES THAT VERISIGN IS NOT RESPONSIBLE FOR THE SECURITY OF CUSTOMER'S PRIVATE KEY. CUSTOMER SHALL NOT DISCLOSE CUSTOMER'S PRIVATE KEY TO ANYONE EXCEPT THE ISP. IF CUSTOMER HAS ANY REASON TO BELIEVE THAT THE SECURITY OF THE CUSTOMER'S PRIVATE KEY MAY HAVE BEEN COMPROMISED, CUSTOMER ALONE OR THROUGH THE ISP SHALL IMMEDIATELY REQUEST THAT VERISIGN REVOKE CUSTOMER'S CERTIFICATE.
5. Definitions.
5.1 Certificate. "Certificate" means a collection of electronic data Digitally Signed by a CA consisting of a Public Key, identifying information about the owner of the Public Key, and validity information.
5.2 Certified. "Certified" means the condition of having been issued a valid Certificate by a CA, which Certificate has not been revoked.
5.3 Certification Authority ("CA"). "Certification Authority " or "CA" means VeriSign or an entity that is Certified by VeriSign to issue Certificates to Users in a VeriSign Certificate Hierarchy. VeriSign is Customer's CA under this Agreement.
5.4 Digital Signature. "Digital Signature" means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's Public Key can accurately determine whether the transformation was created using the Private Key that corresponds to the signer's Public Key and whether the message has been altered since the transformation has been made.
5.5 Digitally Signed. "Digitally Signed" means electronic data to which a Digital Signature has been appended.
5.6 Private Key. "Private Key" means a mathematical key which is kept private to the owner and which is used to create Digital Signatures or to decrypt messages or files encrypted with the corresponding Public Key.
5.7 Public Key. "Public Key" means a mathematical key that can be made publicly available and which is used to verify Digital Signatures created with the corresponding Private Key and to encrypt electronic data which can only be decrypted using the corresponding Private Key.
5.8 VeriSign Secure Server Hierarchy. "VeriSign Secure Server Hierarchy" means a collection of CAs and their Certified Users.
5.9 User. "User" means an individual, a device or a role/office that has requested a CA to issue him, her, or it a Certificate.
6. DISCLAIMER OF WARRANTY. VERISIGN DISCLAIMS ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES PROVIDED BY VERISIGN HEREUNDER, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VERISIGN MAKES NO REPRESENTATION OR WARRANTY TO ANY PERSON THAT ANY CA OR USER TO WHICH IT HAS ISSUED A CERTIFICATE IN THE VERISIGN SECURE SERVER HIERARCHY IS IN FACT THE PERSON OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO VERISIGN OR THAT ANY CA OR USER IS IN FACT THE PERSON OR ORGANIZATION LISTED IN THE CERTIFICATE. VERISIGN MAKES NO ASSURANCES OF THE ACCURACY, AUTHENTICITY, INTEGRITY, OR RELIABILITY OF INFORMATION CONTAINED IN CERTIFICATES OR IN OTHER CERTIFICATE STATUS MECHANISMS COMPILED, PUBLISHED OR DISSEMINATED BY VERISIGN, OR OF THE RESULTS OF CRYPTOGRAPHIC METHODS IMPLEMENTED IN CONNECTION WITH SUCH CERTIFICATES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERISIGN OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF VERISIGN'S OBLIGATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. NO PARTY WILL BE LIABLE TO ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF THE OTHER PERSON HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. VERISIGN IN NO EVENT SHALL BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNTS PAID BY OR ON BEHALF OF CUSTOMER TO VERISIGN UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS AGREEMENT MAY NOT APPLY TO YOU.
8. Term and Termination.
8.1 Termination. This Agreement shall terminate upon the earliest of: (a) one year from the date VeriSign issues Customer's Certificate; (b) failure by Customer to perform any of its material obligations under this Agreement (a "Breach") either (i) thirty (30) days after receipt of notice thereof from VeriSign if the Breach is not cured within such time, or (ii) immediately if the Breach may compromise the security of the Customer's Private Key or the security of VeriSign's services; (c) upon Customer's change of organizational name and/or domain name registration; or (d) upon notice from either ISP or Customer to VeriSign at any time that ISP or Customer is terminating this Agreement for convenience.
8.2 Effect of Termination. Upon termination of this Agreement for any reason, the Certificate shall be revoked by VeriSign in accordance with VeriSign's procedures then in effect. Such termination or revocation shall not affect Sections 3.1, 3.3, 6, 7, 8.2, 8.3, and 9 of this Agreement and all subsections of the foregoing, which shall continue in full force and effect to the extent necessary to permit the complete fulfillment thereof.
8.3 Re-enrollment. Upon termination under subsection (a) or (c) of Section 8.1, ISP may re-enroll for a Certificate on Customer's behalf, and the issuance and use of such Certificate shall be governed by VeriSign's then-current terms and conditions for the issuance and use of Certificates.
9. Miscellaneous.
9.1 Governing Laws. The laws of the State of California, U.S.A. (irrespective of its choice of law principles) shall govern the validity of this Agreement, the construction of its terms, and the interpretation and enforcement of the rights and duties of the parties hereto.
9.2 Binding Effect. Except as otherwise provided herein, this Agreement shall be binding upon, and inure to the benefit of, the respective successors, executors, heirs, representatives, administrators, and assigns of the parties hereto. Neither this Agreement nor Customer's Certificate shall be assignable by Customer. Any such attempted assignment or delegation shall be void and of no effect.
9.4 Severability. If any provision of this Agreement, or the application thereof, shall for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and application of such provision to other persons or circumstances shall not be affected thereby and shall be interpreted so as best to reasonably effect the intent of the parties hereto. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR ANY LIMITATION, DISCLAIMER OR EXCLUSION OF LIABILITY, WARRANTIES, OR DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
9.5 Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements or understandings between the parties.
9.6 Notices. Whenever Customer desires or is required to give any notice, demand, or request to VeriSign with respect to this Agreement, each such communication shall be in writing and shall be effective only if it is delivered by a courier service that confirms delivery in writing or mailed, certified or registered mail, postage prepaid, return receipt requested, addressed to VeriSign at VeriSign, Inc., One Alewife Center, Cambridge, MA 02140, Attention: Practices. Such communications shall be effective when they are received.
9.7 Trademarks and Trade Names. By reason of this Agreement or the performance hereof, Customer and VeriSign shall acquire no rights of any kind in any trademark, brand name, logo, or product designation of the other party and shall not make any use of the same for any reason except as otherwise authorized in writing by the party that owns all rights to such trademarks, trade names, logos, or product designations.
9.8 NOTICE. CUSTOMER IS HEREBY NOTIFIED OF THE POSSIBILITY OF THEFT OR OTHER FORM OF COMPROMISE OF CUSTOMER'S OR ANOTHER'S PRIVATE KEY, WHICH MAY OR MAY NOT BE DETECTED, AND OF THE POSSIBILITY OF USE OF A STOLEN OR COMPROMISED KEY TO FORGE CUSTOMER'S OR ANOTHER USER'S DIGITAL SIGNATURE TO A DOCUMENT. For information regarding private key protection, see http://www.verisign.com/repository/PrivateKey_FAQ/index.html.