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Sectigo Has Achieved Certification Of Subscriber Agreement
Important! Please review this Certificate Subscriber Agreement thoroughly prior to applying, accepting or using a Sectigo Certificate. By accepting, applying or accepting one you acknowledge that you have read this agreement in its entirety and accept its terms if that's how it goes for you if not don't apply, accept or use one yourself; just don't click "I AGREE". If not then don't sign, apply, accept, use one & don't click I AGREE."
This agreement is between you ("Subscriber") and Sectigo CA Limited ("Sectigo", a United Kingdom company. This document governs your application for and use of an SSL Certificate issued from Sectigo. Both parties to this contract acknowledge these provisions:
1. Subscription Service. 1.1 Issuance. Once Sectigo accepts Subscriber's application for a Certificate, Sectigo shall attempt to validate Subscriber according to both its Certificate Protection Standards (CPS) and (for EV Certificates, its Guidelines). If Sectigo accepts Subscriber and can validate them satisfactorily, Sectigo shall issue their ordered certificate(s). Should Sectigo determine not accept an application due any reason whatsoever they shall return their Application Fee in full and refuse an Ordering to Subscriber at their cost.
1.2 Multiple Certificates. This Agreement covers future Certificate requests and any resulting Certificates regardless of when they were requested or issued.
After Issuing Certificates to Subscriber, Sectigo grants Subscriber a non-exclusive, revocable license to utilize them on servers hosting domain names listed within those Certificates. Furthermore, Subscriber is given permission to utilize Sectigo EV AUTO-Enhancer/EV Enhancer technology along with those Certificates issued. Any rights not expressly granted herein to Subscriber are retained by Sectigo and none shall pass directly or indirectly onto Subscriber.
Sectigo authorizes Subscriber to display purchased TrustLogos on domain(s) secured with a Sectigo Certificate, provided such TrustLogos do not violate this License Agreement and any TrustLogos issued for that same domain are also revoked as well when revoking said Certificate is completed. When revoking, Sectigo may also revoke all issued TrustLogos issued to that same site and it shall not be modified in any manner or displayed or used knowingly on sites which mislead users or violate the Contract or violate Sectigo trademark rights or business reputation or harm Sectigo's intellectual property or business reputation or in anyway whatsoever.
1.5 Fee. Before issuing their Certificate, Subscriber shall pay all applicable fees; these can be found during the application process. Payments made are non-refundable except when before twenty (20) business days have passed since issuance and Subscriber has made written requests to Sectigo to have it revoked (See subsection 1.5 below for fees and obligations of subscribers). 1.6 Subscriber Obligations. (*1) Subscriber shall:
(i) use Certificates only for purposes outlined in their Sectigo CPS; (ii) only install an issued Certificate onto servers accessible via its domain name(s); and only utilize issued Certificates in relation to authorized Subscriber activities;
(iii) be responsible for providing any computer hardware, telecom hardware and software necessary for using the Certificate;
(iv) obtain and keep current any authorization or license required in order to use the Certificate;
(v) comply with Sectigo's Relying Party Agreement; (vi) protect and keep confidential all Confidential Information without disclosure or compromise and immediately inform Sectigo to revoke affected Certificates if Subscriber reasonably suspects this will happen;
(vii) ensure all information provided to Sectigo is complete and accurate and does not include anything that would violate laws, be contrary to public interests, or damage its business or reputation;
(viii) As soon as a Certificate and associated Private Key have become compromised or have expired or been revoked, discontinue using them immediately.
(ix) Subscriber must immediately inform Sectigo of 1) any breach of this Agreement or 2) any change, cessation of accuracy or inconsistent claims regarding information given hereunder that affect warranties made herein and become inconsistent with warranties given by Subscriber hereunder.
Subscription Terms. When receiving or using a Certificate, Subscriber shall comply with all local and international laws as applicable, such as export restrictions imposed by either United Kingdom or US law; subscriber shall not directly or indirectly export Certificate to countries or entities subject to UK or US restrictions (subscriber is solely liable if violating export laws); further, any violation by Subscriber resulting in violation of export laws will incur liability on itself and all obligations will fall solely to him/her; (x) comply with Restrictions: (xi). (xiv), when collecting/using their Certificate (1.7 Restrictions: Subscriber agrees not: (xiv), (xiv), export/re-export certificates outside UK/US restrictions which will incur liability on him/her; (xiv), (xiv), nor directly export/re-export any Certificate to countries/entities subject to United Kingdom/ US restrictions shall also fall sole responsibility on him/her; (xiv), directly or indirectly export/re-export or Re-export or Re-exporting directly/resending certificate under United Kingdom/ US restrictions/US laws/subscriber assume all liabilities/violations/violations/ Restrictions:/1.7 Restrictions/ Subscriber shall/not to/transact in violation;
(i) impersonate or misrepresent Subscriber's affiliation with any entity; and (ii) alter, license, create a derivative work of, transfer any Certificate (other than as required for its usage);
Installation or Use of Issued Certificate: [iii] Install or use issued certificates only after reviewing and validating its data accuracy; Its (iv) Upload or Distribute files or software which could damage another's computer;
Use of Services (v) To engage in conduct which is offensive, abusive, contrary to public morality, indecent, defamatory, offensive or menacing; breach the trust of third-parties by engaging in such conduct as is outlined above; distress Sectigo or third parties by creating distress, annoyance denial of service disruption inconvenience and so forth; send or receive unsolicited bulk correspondence through Services; create Private Keys that substantially similar in appearance with someone else's; create Private Keys with similar appearance;
(vi) Make any representations regarding the Services other than as specifically agreed in writing by Sectigo.
2. Warranties and Representations. Subscriber warrants:
(i) for Extended Validity Certificates, the subject listed has sole authority and control of any domain(s) listed;
and (ii) it possesses full power and authority to enter this agreement and fulfill its obligations hereunder;
(iii) When purchasing Electric Vehicle Certificates, those accepting this Agreement on Subscriber's behalf have been explicitly authorized by them to sign it as representatives for them.
3. Cancellation. Sectigo may revoke a Certificate if Sectigo determines it necessary;
Subscription Agreement may be terminated upon certain conditions: (i) Subscriber requests revocation of Certificate;
(ii) Subscriber did not authorize Certificate and has not retroactively granted authorisation for it;
(iii) Subscriber breaches this Agreement; (iv) Confidential Information related to Certificate has been disclosed or compromised
(v) the Certificate has been misappropriated or utilized unlawfully or fraudulently; (vi) information within it is inaccurate or misleading,
(vii) For Extended Validation Certificates (EV Certificates), Subscriber loses exclusive control of a domain listed within it; (viii) Certificate was not issued or utilized according to Sectigo's Certificate Procedural Standards or industry standards or, for EV Certificates, according to its own EV Guidelines;
(ix) Sectigo either (1) discontinued operations, or 2) is no longer authorized to issue certificates; and no other certificate authority has agreed to offer support in revoking them;
(x) Subscriber is listed on a blacklist or operating from an illegal location under Sectigo's jurisdiction of operation; (xi) Certificate issued to publishers of malicious software;
(xiii) the Certificate is subject to cancellation under CPS; (xiv) its continuation threatens the trust status of Sectigo; After revoking said certificate, Sectigo reserves the right in its sole discretion either to reissue said Certificate back to Subscriber, or cancelling this agreement altogether.
4. Intellectual Property.
4.1. Sectigo IP Rights. Subscriber agrees not to acquire or assert any title, interest, or ownership in: (i) Services provided through Sectigo and Certificates issued thereon
(ii) all copies or derivative works created utilizing Sectigo Services regardless of who produced, requested or suggested it; (iii) documentation and materials supplied by Sectigo; and (iv) copies rights such as patent rights, trade secret rights or any other forms of proprietary ownership owned by Sectigo.
Trademarks. The Subscriber may only use any Sectigo trademark with written approval from Sectigo; such use shall include associated TrustLogos provided.
4.3. Other Rights. EV AUTO-Enhancer(tm) for Windows uses Microsoft Detours Professional 2.1 which is owned and licensed to Microsoft Corporation as of 1995-2004; certain portions may also be covered by patents owned by them.
Microsoft, MS-DOS, Windows NT/2000/XP and DirectX are trademarks owned and registered with the U.S. Intellectual Property Exchange or in other countries by Microsoft Corporation.
5. Indemnification.
This agreement stipulates an indemnification obligation on Subscriber to Sectigo and its affiliates as well as all directors, officers, employees, and agents (collectively referred to hereafter as an "Indemnified Person") against liabilities, losses, expenses or costs (including reasonable attorney's fees ) (collectively called Losses), which arise from Subscriber's violation of it; information supplied by it or breaching rights held by third parties by Subscriber and their customers directly or indirectly.
Sectigo shall notify Subscriber of any demand for indemnification as quickly as possible; however, its failure will not relieve Subscriber from its indemnification obligations except where timely notice materially prejudices Subscriber. Subscriber may take on defense obligations associated with an action suit or proceeding that gives rise to an indemnification obligation provided assuming defense does not lead to potential conflicts between interests deemed by Indemnified Person in good faith and potential indemnified Parties under this agreement; Subscriber cannot settle such actions unless such settlement includes unconditional release of all Indemnified Persons from liability obligations related to this agreement.
5.3 Additional Liability. Subscriber's indemnification obligations do not represent Sectigo's sole remedy in response to Subscriber's breach; rather they supplement other remedies available against Subscriber under this agreement and extend even after its conclusion. Subscriber must fulfill these indemnity obligations regardless of when this agreement ends.
6. Terms and Termination.
6.11. Terms. This agreement becomes effective upon Subscriber acceptance and lasts as long as any Certificate issued under it remains valid.
6.2 Termination. Either party may terminate this Agreement upon providing 20 business days notice of their intention, provided neither Subscriber breaches this agreement materially and/or Sectigo withdraws the Certificate pursuant to section 6.2.3 as provided herein.
Sectigo may reject Subscriber's Certificate application; or (iv) cannot validate Subscriber in accordance with section 1.1; or (v) industry standards change such that any Certificates ordered by Subscriber become invalid due to changes imposed upon their validity by these provisions.
6.3 Events upon Termination. Upon termination, Sectigo may immediately revoke all certificates issued to Subscriber and require payment of any outstanding balance for these Certificates from them; no refund of payment shall be offered by Sectigo when this Agreement ends.
7. Disclaimers and Limitation of Liability.
Subscriber acknowledges that Relying Party Warranties are solely intended for Relying Parties' benefit and do not extend to Subscriber. As such, subscriber has no claim under such warranties nor can enforcing its terms.
7.2 Exclusion of Warranties. Sectigo provides its Services "as-is" and "as available", without express or implied warranties being implied into them by either written contract, custom, statute or any other source. Sectigo expressly disclaims all implied and express warranties associated with its Services including merchantability, fitness for purpose or non-infringement to the maximum extent allowed by law and does not guarantee that 1) their Services will meet or surpass subscriber needs or expectations or 2) access will remain uninterrupted, secure or error free during that time period of time or subscription Term.
Limit of Liability. SUBJECT TO SECTION 7.4, the LIABILITY OF Sectigo AND ITS AFFILIATES AND ANY OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES OR CONTRACTORS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER FOR SERVICES GIVING RISE TO LIABILITY. Subscribers waive all liability for special, indirect, incidental and/or consequential damages that might occur as a result of using Sectigo services; such damages include lost profits, revenue, use or data that is unavailable due to such reasons, even when Sectigo was aware that such possibilities existed. These limitations shall apply to the maximum extent permitted by law regardless of 1) the reason or nature for or nature of liability claims including tort claims; 2) number or claims filed; (3) extent or type of damages caused; and 4) whether any other provisions in this agreement have been broken or shown ineffective.
7.4. Exception. Nothing in this agreement excludes or limits either party's responsibility for death and personal injury caused by their own negligence, as well as for fraudulent statements made by either of them.
8. Remedies.8.1 Injunctive Relief. Subscriber acknowledges that any breach or threatened breach of this agreement by them would cause irreparable harm which cannot be remedied through compensatory damages alone, thus necessitating Sectigo seeking and obtaining an injunction order as one legal option against Subscriber's breach or threatened breach.
8.2. Statute of Limitation on Claims. All claims or actions brought under this agreement arising out of its provisions for indemnification or confidentiality must be brought within one year after their occurrence, without exception.
8.3. Remedy. Subscriber's sole remedy in the event of any defect with Services is for Sectigo to make reasonable efforts to remedy them, although Sectigo does not owe Subscriber any obligation in this regard if (i) Services were misused, modified, damaged, or misused improperly (either directly by subscriber themselves, by third-parties or via any breach in this agreement); (ii) Subscriber failed to immediately report defects with Sectigo when first discovered and (iii) breach in any part of this agreement was violated or breached (ii).
9. Confidentiality. Unless specifically permitted herein, each party (the "Receiving Party") shall use or disclose Confidential Information provided to it from another party (the "Disclosing Party") only for purposes related to fulfilling its obligations under this agreement. Specifically, Receiving Parties should take reasonable precautions against unintended disclosure, ensure any recipient adheres to restrictions contained within this section and prevent their misuse by unauthorised individuals or groups. Receiving Parties may disclose Confidential Information only:
(i)Is already owned by the Receiving Party prior to receipt from the Disclosing Party;
Information that (ii) becomes public without fault on their part; AND (iii) received from third-parties not bound by confidentiality obligations or restrictions regarding use and disclosure requirements is considered publicly accessible information.
(iv)is disclosed pursuant to law, regulation or legal process with prior notification given to the disclosing Party that this information needs to be disclosed (or both parties providing advance notice),
(v)is disclosed publicly via legal mandate without an obligation of confidentiality.
Whoever claims an exception to Confidential Information must provide verifiable documentary proof. Any restrictions in this section apply for at least the duration of an agreement plus five years after its termination.
10. Privacy. (i) When receiving and using Subscriber data, Sectigo shall adhere to its posted privacy policy posted on its website and amend this as needed at any point by posting such changes online. Subject to Section 10(ii), Sectigo shall use reasonable efforts in protecting Subscriber's information while acknowledging there may remain risks beyond Sectigo's reasonable control; subscriber hereby releases Sectigo from liability in relation to such risks.
(ii) Subscriber agrees that Sectigo disclose their personal data publicly by embedding it within issued Certificates, and 2) disclose and transfer such personal data outside the European Union as required to validate and issue Certificates.
Subscriber can opt-out of having his/her information used for purposes unrelated to the Services by sending a written notice via email to [email protected] and 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. Except with regard to Subscriber payment obligations, neither party shall be held liable for delays or failure to perform obligations caused by factors beyond its reasonable control; each party acknowledges that Internet operation lies outside their sphere of influence, so neither can be held liable if an interruption or failure in digital transmission links, slow-downs in internet speeds, transmission failure or similar occur during use or transmission failure occurs during usage.
11.2. Notices. All notices to Sectigo must be provided via first class post in English writing with return receipt requested, to Sectigo CA Limited at 26 Office Village 3rd Floor Exchange Quay Trafford Road Salford Manchester M5 3EQ United Kingdom or Sectigo may deliver notice to Subscriber's contact details listed on its Certificate application by mail email facsimile or other appropriate methods of transmission.
11.3. Entire Agreement. This document and all references herein represents a binding contract between all of its parties regarding its subject matter, superseding any prior arrangements that might exist regarding that subject matter. Any section headings provided herefor serve solely for reference and are not part of its interpretation.
11.4. Amendments. Sectigo reserves the right to amend this agreement, its CPS, Relying Party Agreement/Warranty, website content or documents listed in its Repository at any time, by either posting either an amendment or altered document directly within Repository. It is subscriber's responsibility to monitor Repository regularly in order to stay aware of changes; subscriber can end their relationship if an amendment does not agree with them and their continued usage constitutes acceptance of it.
11.5. Waiver of Enforcement Provisions. A party's failure to enforce any provision of this agreement does not waive their right to enforce that same provision later, nor any other provision within it. To be valid, all waivers must be in writing and signed by both the impacted and waivering party(ies).
11.6 Assignment. Subscriber may not assign their rights and obligations under this agreement without first receiving written approval from Sectigo; any transfer without its prior approval would be invalid and null and void. Sectigo reserves its rights and obligations without subscriber's approval.
11.7: Applicable Law and Venue. In terms of interpretation, construction, enforcement and proceedings arising out of this agreement without regard to conflicts-of-law principles arising there from, tort claims must be initiated in England and Wales courts; both parties consent to their exclusive venue and jurisdiction over them as an exclusive venue/judicial forum for legal actions resulting from this Agreement.
11.8 Severability. Any provision found invalid or unenforceable under law will be modified so as to restore it as soon as possible, but in cases when reformation cannot take place it will simply be disregarded and the rest of the agreement continues as valid and enforceable.
11.9. Survival. All provisions pertaining to confidentiality, proprietary rights, indemnification and limitations of liability survive upon termination of an agreement.
11.10. Rights of Third Parties. Subscriber acknowledges and confirms that Certificate Beneficiaries are express third-party beneficiaries to his obligations and warranties outlined in this agreement.
12. Definitions. 12.1 "Certificate" refers to an electronic data file issued by Sectigo that includes information regarding who may use their Digital Signature and copies of their Public Key as well as serial numbers, time period limits for usage as well as Sectigo's own Digital Signature for authenticity purposes.
12.2. "CPS" documents provide details regarding Sectigo's polices and procedures when operating its PKI infrastructure.
12.3. "Confidential Information" refers to all material, data, systems and technical operations information regarding Sectigo that is not readily known by the general public; for instance all certificate issuance services information such as Private Keys, personal identification numbers or passwords).
12.4. "Certificate Beneficiaries" refer to Subscriber, Subject named in Certificate and any third parties with which Sectigo has entered a contract for inclusion of its root certificate as beneficiaries, plus those Relying Parties who actually utilize such Certificate during its validity period.
12.5. "Digital Signature" refers to an encrypted electronic data file attached or associated logically with other electronic data and which uniquely identifies and links its signatory with that data, created using their private key and linked so as to detect subsequent modifications to that electronic data.
12.6 "EV AUTO-Enhancer" refers to Sectigo's patent-pending process and software for activating EV functionality on web browsing computers through modified Apache configuration files or IIS plug-in.
12.7 An "EV Certificate" refers to any Certificate issued from Sectigo's EV Root that has been designed specifically to work in tandem with web browsing sessions that support either SSL v3 or TLS v1.0 and which also adheres to Sectigo's EV Guidelines.
12.8 "EV Enhancer" refers to the process and software utilized by Sectigo to enable EV functionality on web browsing computers by redirecting their browsers towards beacon websites dedicated to downloading and installing an additional root certificate for EV use.
12.9. "EV Guidelines" refers to the official, adopted EV Certificate guidelines 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 for use with Public Keys which utilize the same encryption algorithm and allows Digital Signature creation as well as decryption of encrypted files or messages created with Public Keys.
12.11. A Public Key refers to any publicly accessible encrypted electronic data file designed to interface with and encrypt files or messages using a similar encryption algorithm as used for Private Keys, in order to authenticate Digital Signatures and secure files or messages.
12.13 "Relying Party" refers to any entity which acts in reliance upon a Certificate or Digital Signature issued by us.
12.14. A "Relying Party Agreement" can be found within the Sectigo Repository that governs their use when transacting business with subscriber websites.
12.15 A Relying Party Warranty issued by Sectigo under its Relying Party Agreement pertains to their Certificate's usage by Relying Parties.
12.16. Repository refers to an accessible collection of information and databases regarding Sectigo Certificate practices that is made publicly accessible via http://Sectigo.com/repository
12.17 "Services" refers to any Certificate ordered hereunder as well as related TrustLogos, software updates and documentation provided by Sectigo for use with issued Certificates on subscriber sites.12.18 A "TrustLogo" provided by Sectigo allows subscribers to easily identify issued certificates on their websites through visual identification logos provided by Sectigo for this purpose.
ACCEPTANCE
By clicking "I Agree", you acknowledge having read and understood this Agreement as well as agreeing to comply with its terms. Do not click "I Agree" if you do not accept its provisions.
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