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Sectigo Certifies Subscriber Agreement
Important! Please take time to carefully read this CERTIFICATE SUBSCRIBER AGREEMENT before applying, accepting or using a Sectigo certificate. By accepting, applying or accepting one you confirm your understanding and agreement to its terms by accepting, applying for, accepting or using one; clicking "I Agree", accepting it or by simply continuing - any action in breach will lead directly back into this Agreement; alternatively you should not submit an application, accept one, use it or click the button "I Agree" If this Agreement cannot be accepted then do not apply, accept, accept or use any Sectigo certificate nor click "I Agree", it. If this Agreement cannot be accepted then do not submit an application, accept one nor click "I Agree",
This contract is between you, (the Subscriber), and Sectigo CA Limited ("Sectigo", an established United Kingdom company. This Agreement governs both your application for an SSL Certificate issued from Sectigo as well as their use. Both Parties hereby agree as follows.
1. Subscription Service.
1.1 Issuance. When accepting Subscriber's application for a Certificate from Sectigo, Sectigo shall attempt to validate Subscriber in accordance with both its Consumer Privacy Statement (CPS) and, for Electric Vehicle Certificates (EV Certificates) Guidelines. If Sectigo accepts and can validate Subscriber satisfactorily, Sectigo shall issue any ordered certificates directly. Otherwise Sectigo reserves the right to decline an application without providing reasons.
This agreement applies to future certificate requests and any subsequent certificates regardless of when they may have been requested or issued.
After issuing, Sectigo grants Subscriber a non-exclusive, revocable, non-transferable license to utilize issued Certificates on servers hosting domain names listed within them. Furthermore, Subscriber is granted permission to utilize Sectigo's AUTO-Enhancer and Enhancer technology with Sectigo EV Certificates; any rights not expressly granted herein belong solely to Sectigo and cannot be assigned or subcontracted away by Subscriber.
Sectigo grants subscribers a license to display TrustLogos purchased with Sectigo Certificates on domain(s). When revoking a Certificate, any TrustLogos may also be removed by Sectigo from that site. Subscriber may not alter TrustLogos in any manner nor display or use them (1) misleadingly as representing that Sectigo guarantees non-Sectigo products and services or 2) on sites which violate Sectigo trademark rights or reputation in a manner damaging to Sectigo; and/ or (3) which might cause irreparable harm to Sectigo or their business reputation by any of their domain(s).
1.5 Fee. Subscriber is responsible for paying all applicable Certificate fees prior to its issue; these payments are non-refundable except when requested within twenty (20) business days after issuing, such as (1) not using and 2) writing to Sectigo to withdraw its Certificate revocation request (Revo). 1.6 Subscriber Obligations. Subscriber must:
(i) only utilize Sectigo CPS certificates for purposes listed; (ii) install and utilize issued Certificates on servers accessible at domain(s) listed within them and for legitimate business activity undertaken by Subscriber;
(iii) be responsible for all necessary computer, telecom and software requirements in order to use their Certificate; (iv) obtain and keep in good standing any permits or licenses needed in order to use their Certificate;
Subscriber must bind every Relying Party to Sectigo's Relying Party Agreement; (vi) ensure all Confidential Information remains safe from disclosure or compromise and immediately inform Sectigo and request cancellation of affected certificates if subscribers believe any are likely to be disclosed or compromised;
(vii) make certain all information provided to Sectigo is complete and accurate and does not include anything that would violate law, go against public interest, or cause irreparable damage to their business or reputation;
(viii) Urge employees to immediately stop using any Certificate and associated Private Key that have become compromised, or have expired or been revoked as soon as the Private Key becomes compromised;
(ix) promptly notify Sectigo if either 1) any breach occurs under this Agreement; 2) information supplied to Sectigo changes, becomes inaccurate, or no longer meets Subscriber warranties hereunder and becomes inconsistent; and
(x) comply with all local and international laws when receiving or using a Certificate, including export laws. Subscriber shall not directly or indirectly export (direct or indirect), any Certificate subject to United Kingdom and United States restrictions to a country or entity outside these restrictions - they accept liability if their violation occurs. 1.7 Restrictions. Subscriber shall not:
Subscriber must not act fraudulently by impersonating or misrepresenting Subscriber's affiliation with any entity; (ii) modify, license, create derivative works from or transfer any Certificate (other than where necessary for use of Certificate);
(iii) install or use any issued Certificate only after reviewing and validating its data accuracy; (iv) upload or distribute files or software which could harm another's computer operations, without consent;
(v) Use of Services for acts which are offensive, abusive, contrary to public morality, indecent, defamatory, offensive or menacing in nature; 1) engage in conduct which is offensive or abusive in nature, offensive towards public morals or otherwise offensive and menacing; 2) breach trust of another third-party; (3) cause Sectigo or third parties distress, annoyance denial of service disruption inconvenience etc 4) send or receive unsolicited bulk correspondences or create Private Keys which closely resemble Sectigo or third parties Private Keys or similar Private Keys created from them (unless).
(vi) make representations regarding the Service to any third-party, except as expressly agreed in writing by Sectigo.
2. Warranties and Representations. Subscriber warrants:
(i) With regards to Extended Validity Certificates (EV Certificates), the subject named within is solely in control of the domain(s) listed;
and (ii) they possess full authority and powers necessary to enter this agreement and fulfill its responsibilities hereunder;
(iii) When accepting Agreement for Electric Vehicle Certificates, Subscriber has explicitly granted permission for that individual accepting it to sign on his/her behalf.
3. Cancellation. Sectigo may cancel any Certificate issued if they believe it to be unwarranted for whatever reason, including:
Subscriber has requested cancellation of their Certificate; (ii) Subscriber did not authorize or retroactively grant approval of it;
(iii) Subscriber violated this Agreement; (iv) Confidential Information related to their Certificate has been compromised or made public;
(v) the Certificate has been misused or used contrary to laws or regulations; (iii) directly or indirectly for illegal or fraudulent activities; and/or (vi) information in the Certificate is inaccurate or misleading.
(vii) for Extended Validation Certificates, Subscriber has lost exclusive control of a domain listed in their Certificate;
(viii) Certificate was not issued or used according to Sectigo's Certificate Procedure Statement (CPS), industry standards or, in case of Extended Validation (EV), the EV Guidelines;
(ix) Sectigo either 1) discontinued operations or 2) is no longer authorized to issue the Certificate, with no other certificate authority agreeing to provide revocation support;
(x) Subscriber is listed as an excluded party or individual on a blacklist, or operating from locations prohibited under Sectigo's jurisdiction of operation; umplut (xi) the Certificate was given out to publishers of malicious software;
At Sectigo's sole discretion and following revoking of Subscriber Certificate(s), Sectigo may either issue new Certificates back to Subscriber or end this Agreement in its entirety. Once revoking has occurred, Sectigo reserves the right to issue additional Certificate(s), issue reissue Certificates to Subscriber or terminate its relationship.
4. Intellectual Property.
4.1. Sectigo Intellectual Property Rights. Sectigo retains, and Subscriber will not obtain or claim ownership or title to, all title, interest and ownership rights in or to:
(i) the Services (including issued Certificates); and
(ii) all copies or derivative works derived from the Services regardless of who produced, requested or suggested the work; (iii) documentation and materials supplied by Sectigo; and (iv) copiesrights, patent rights, trade secret rights or any other intellectual property belonging to Sectigo.
Trademarks. Subscriber must secure written permission before using any Sectigo trademark in connection with TrustLogos that it provides.
4.3. Other Rights. EV AUTO-Enhancer(tm) for Windows utilizes Microsoft Detours Professional 2.1 which is licensed from 1995-194 under copy right owned by Microsoft Corp and portions may also be covered by patents owned by them.
Microsoft, MS-DOS, Windows, NT/2000/XP and DirectX are registered or trademarked products of the Microsoft Corporation in the U.S. and/or other countries.
5. Indemnification. Subscriber shall indemnify Sectigo and its affiliates as well as each Indimnified Person from liability incurred due to Subscriber breach of agreement, information supplied by Subscriber or an infringed upon third-party rights by them directly or indirectly (collectively known as Losses).
Sectigo shall notify Subscriber promptly of any demand for indemnification; however, its failure will not relieve Subscriber of its indemnification obligations except to the extent it materially prejudices Subscriber. Subscriber may assume defense in actions, suits or proceedings giving rise to indemnification obligations; provided this would not create potential conflict of interests with Indemnified Person. Subscriber may only settle claims related to this agreement by including in their settlement an unconditional release of liability of all Indemnified Parties involved.
5.3 Additional Liability. Subscriber's indemnification obligations do not serve as Sectigo's sole recourse in case of Subscriber breach and supplement any other remedies it has against Subscriber under this agreement. Subscriber indemnity obligations survive termination of this contract.
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6. Terms and Termination.
6.11. Terms. This agreement begins upon Subscriber acceptance and lasts as long as any Certificate issued under it remains valid.
6.2 Termination. Either party may terminate this Agreement at its convenience with 20 business days notice; Sectigo reserves the right to end it immediately without prior warning if subscriber materially breaches this agreement, and/or Sectigo revokes a Certificate pursuant to applicable provisions hereof.
(iii) Sectigo rejects Subscriber's Certificate application; (iv) Sectigo cannot satisfactorily validate Subscriber in accordance with section 1.1; and/or (v) industry standards change such that their order of Certificates becomes invalidated by Sectigo.
6.3 Events upon Termination. Upon termination, Sectigo reserves the right to revoke any Certificate issued to Subscriber immediately without further notification, with Subscriber paying any outstanding balances on them as necessary; Sectigo does not undertake to refund payments made upon dissolution of this agreement.
Disclaimers and Limitation of Liability.
Subscriber acknowledges that any Relying Party Warranties issued are solely intended for the benefit of Relying Parties; subscriber has no rights under them to enforce its terms or make claims under them.
7.2 Exclusion of Warranties. Sectigo provides its services "AS IS", without express or implied warranties being implied into them, to include but not be limited to merchantability, fitness for purpose, non-infringement and confidentiality - to the maximum extent allowed by law. Therefore Sectigo cannot guarantee either that 1) The Services Will Meet SUBSCRIBERs Needs Or Expectations Or 2) Access Will Be Secure And Error-Free.
Limit of Liability. Subject to Section 7.4, Sectigo and its Affiliates as well as each of their Officers, Directors, Partners, Employees and Contractors associated with this Agreement is limited in its total liability to an amount equal to what Subscriber has paid for services which gave rise to such liabilities. Subscribers agree that Sectigo disclaims any and all liability for special, indirect, incidental and/or consequential damages that might occur from subscribing. This waiver includes losses in profits, revenue, use or data and applies even when Sectigo was aware of their possibility. These limitations shall apply to the maximum extent permitted by law regardless of 1) the nature or cause of liability claims including tort claims, 2) number or nature of claims filed, 3) extent or nature of damages suffered and 4) whether any other provisions in this agreement have been breached or found invalid.
7.4. Exception. Nothing in this agreement limits or exempts either party from being responsible for death or personal injury caused by their own negligence, or fraudulent statements by either of them.
8. Remedy.
8.1 Injunctive Relief. Subscriber acknowledges that any breach or threatened breach of this Agreement by them would result in irreparable harm which cannot be compensated through damages alone; hence Sectigo reserves its rights to seek an injunction order as one possible legal recourse should Subscriber breach this agreement or threatens it in any manner whatsoever.
8.2. Statute of Limitations on Actions. Excepting actions related to indemnification and confidentiality obligations of parties involved with this agreement, any actions brought arising out of it must be filed within one (1) year from when their cause arose.
8.3. Remedy. Subscriber's sole recourse in case of any defect with their Services is to have Sectigo use its best efforts to correct them, however this obligation doesn't exist if (i) Subscriber mistreated or modified any part of it without informing Sectigo immediately of said issues (ii) Subscriber did not report said defect immediately (iii) Subscriber violates any provision in this agreement
9. Confidentiality. Except as provided for herein, each party (the "Receiving Party") shall only use and disclose Confidential Information provided to it from another party (the "Disclosing Party") for purposes related to performing its obligations under this agreement. Receiving Parties should take reasonable measures to prevent unintended disclosure and ensure any person receiving Confidential Information adheres to any restrictions contained within this section; they may however disclose such data if such circumstances require it;
(i)the Receiving Party had previously obtained possession of it before receiving from the Disclosing Party;
(iii) is or becomes public domain without fault on their part; (iv) was received from third-parties who do not owe confidentiality obligations or restrictions regarding its use and disclosure to them
(iv)is disclosed pursuant to laws, government orders, regulations or legal processes with prior notification given by the Receiving Party to the Disclosing Party as required; or
Information that is disclosed publicly without being subject to confidentiality obligations will likely fall within this category.
Parties asserting one of the exceptions to Confidential Information must provide verifiable documentary evidence as proof. Any restrictions contained here apply for five years post agreement termination and cannot be waived early.
10. Privacy. (i) When receiving and using information from its Subscribers, Sectigo shall adhere to its published privacy policy on its website and can amend said policy at any time by posting revised version on website. Subject to Section 10(ii), Sectigo shall use all reasonable means available in protecting Subscriber's data while acknowledging there may remain risks outside its reasonable control and waiving all liability associated with them.
Subscriber provides their consent for Sectigo to 1) publicly release Subscriber information by embedding it within issued Certificates; and 2) transfer their personal data outside the European Union as necessary in order to validate and issue Certificates.
(iii) Subscriber may opt-out of having his/her data used for purposes unrelated to the Services by emailing an opt-out request to [email protected]; by clicking "I AGREE", Subscriber affirmatively consents to receiving marketing material from Sectigo and its affiliates.
11. Miscellaneous.
11.1 Force Majeure and Internet Frailties. Each party acknowledges that events beyond its reasonable control may impede or delay performance of obligations; such an occurrence would include interruption or failure of Telecommunication or Digital Transmission Links; Internet Slow Down or Failure or similar transmission failures as being beyond either party's reasonable control and therefore neither would be held liable if these causes result in late or failureful performance obligations being fulfilled by either side.
11.2. Notices. All notifications to Sectigo must be in English writing and sent via first class post with return receipt requested to Sectigo CA Limited at 26 Office Village 3rd Floor Exchange Quay Trafford Road Salford Manchester M5 3EQ United Kingdom for their attention. Additionally, Sectigo will deliver all notices according to subscriber's contact details listed on their Certificate application whether by mail, fax, email, or facsimile transmission.
11.3. Agreement Between Parties. This document constitutes the entirety of their Agreement, superseding any prior arrangements regarding its subject matter. Section headings serve merely for convenience and cannot be taken as evidence in interpretation of this contract.
11.4. Amendments. Sectigo may amend this agreement, the CPS, Relying Party Agreement/Warranty documents listed on its Repository at any time by publishing either an amendment or amended document therein. To stay aware of changes Subscriber should regularly visit Repository; Subscriber may terminate agreement should an amendment not agree with. Subscriber's continued usage of Services after an amendment has been posted constitutes Acceptance by Subscriber of such changes.
11.5. Waiver. Any party's failure to enforce one or more provisions of this agreement does not waive their right to enforce that or other provisions later, provided such waiver is executed both written and signed by those benefitting from that waived provision. For effective waiver to take place.
11.6 Assignment. Subscriber may only assign its rights or obligations under this agreement with Sectigo's prior written approval, any transfer without such approval being invalid and any transfer made without consent being null and void. Conversely, Sectigo reserves its rights and obligations in assigning its obligations without receiving consent from Subscriber.
11.7: Governing Law and Venue. In relation to this agreement and all proceedings that arise out of it - tort claims included - English law governs its interpretation, construction and enforcement as well as proceedings brought before any courts in England and Wales without regard for conflicts-of-law principles or conflicts-of-jurisdiction principles. All proceedings or legal actions that arise out of it must begin within English courts as both parties consent exclusively to them as being the venue and jurisdictional arenas for these legal battles.
11.8: Severability. Any provision determined invalid or unenforceable under rules of law will be amended as necessary, to bring it within legal compliance; otherwise it will be considered "omitted", while remaining part of an otherwise valid agreement.
11.9. Survival. All provisions pertaining to confidentiality, proprietary rights, indemnification and limitations of liability remain applicable following termination.
11.10 Rights of Third Parties. Subscriber's obligations and warranties under this Agreement are extended to Certificate Beneficiaries as third-party beneficiaries, so these parties have explicit third-party beneficiary status in relation to them.
12. Definitions. 12.1 "Certificate" refers to an electronic data file issued by Sectigo that includes information regarding who may use their Digital Signature, their Public Key information and an expiration period during which this certificate can be utilized as well as one issued from Sectigo with their own Digital Signature issued as evidence by Sectigo.
12.2. "CPS" documents define Sectigo's polices and procedures when operating its PKI infrastructure.
12.3. "Confidential Information" refers to material, data, systems and technical operations not known to the general public that pertains to Sectigo's business operations - this includes all Certificate issuance services information such as private keys, PIN numbers and passwords).
12.4.4 "Certificate Beneficiaries" refer to Subscriber, Subject Named in Certificate, any third parties with whom Sectigo has entered into agreements for inclusion of its root certificate into third-party sites, as well as Relying Parties that actually rely on such Certificate during its period of validity.
12.5. "Digital Signature" refers to an encrypted electronic file which attaches or is logically associated with other electronic data and which uniquely identifies and links back to its signatory based on his/her Private Key; any future changes to that electronic data would then become detectable through examination of its signature.
12.6 "EV AUTO-Enhancer" refers to Sectigo's patent-pending software solution designed to activate EV functionality on web browsing computers using either modified Apache configuration files or IIS plug-in developed by Sectigo.
12.7 "EV Certificates" refer to certificates signed to Sectigo's Extended Validation Root Certificate that have been specifically created to be compatible with an SSL v3 or TLS v1.0 enabled web browser, complying with Sectigo EV Guidelines.
12.8 "EV Enhancer" refers to a process and software employed by Sectigo that enables enhanced visibility on web browsing computers by redirecting their browsers towards beacon websites that host new root certificates that provide enhanced vision functionality.
12.9. "EV Guidelines" refers to the official, adopted guidelines regarding Electric Vehicle Certificates established by CA/Browser Forum that can be found online at:http://cabforum.org
12.10. "Private Key" refers to an encrypted electronic data file designed to interact with and complement Public Keys using the same encryption algorithm, in order to generate Digital Signatures or decrypt files or messages encrypted with Public Keys.
12.11. "Public Key" refers to an encryption algorithm-compatible file available publicly that may be used with Private Keys for authenticating digital signatures or encrypting files or messages. It can be used for verifying signatures as well as protecting files or messages against unauthorized use or access.
12.13 "Relying Party" refers to any entity which acts in reliance upon a Certificate or Digital Signature issued to it.
12.14. A "Relying Party Agreement" can be found within the Sectigo Repository that governs how Relying Parties utilize Certificates when transacting business with Subscriber websites.
12.15. "Relying Party Warranty" refers to an offer by Sectigo that protects Relying Parties when using Certificates under its Relying Party Agreement terms and conditions.
12.16. "Repository" refers to an openly accessible collection of information and databases related to Sectigo's Certificate practices that is publicly accessible online at http://Sectigo.com/repository
12.17 "Services" refers to any certificates purchased hereunder as well as any related TrustLogos, software updates or documentation provided by Sectigo for use with their issued Certificate on an Subscriber website. 12.18 A TrustLogo provided by Sectigo serves to brand Subscriber sites associated with issued certificates issued from Sectigo.
By clicking "I AGREE", you acknowledge having read and understood this Agreement as well as agreeing to comply with its terms. Please refrain from clicking "I AGREE" if this document does not suit your requirements.
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