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Thawte Web Server SSL - 1 Year
Thawte SSL Certificate Subscriber Agreement.
Befor e applying, accepting or using any THAWTE SSL CERTIFICATE from our CERTIFICATE CENTER ("THAWTE's CERTIFICATE") you must read this Subscriber Agreement ("AGREEMENT"). By clicking "ACCEPT" below or accepting/using one you accept/bind yourself by its terms.
All references to "THAWTE" in this Agreement shall refer to THAWTE, INC.; except where your organization resides in South Africa, Namibia, Lesotho or Swaziland in which case all "THAWTE" references shall refer to SYMANTEC Ltd.
As the customer of a reseller (as defined here), you represent and warrant that your reseller is authorized to apply for, accept, install, maintain, renew and, if necessary revoke your certificate on your behalf. By authorizing them to do so you voluntarily accept these Terms; should any issues arise with regards to these terms please reach out immediately at telephone number listed under Section 24 in which case THAWTE can revoke it immediately.
If you are acting on behalf of one or more customers when applying for a certificate, as set out in Section 8.2 and 8.3, this agreement applies solely to you with regards to that application; no references to Section 8.3 apply in that instance. Likewise if applying directly, all except Section 8.3 will apply herein.
1. Definitions.
"Certification Authority," or "CA," refers to any entity authorized to issue, suspend, and/or revoke Certificates; for purposes of this Agreement the term refers specifically to Thawte as being such an organization.
Certificate Applications refers to any request submitted to an Authorised Certification Body for the issue of certificates.
"Certification Practice Statement", or CPS for short, refers to a document published periodically that details how CAs operate when issuing certificates.
Devices" refers to any hardware appliance or software application - like server load balancing software - used for routing data across networks from one point to another or multiple points on it.
"Intellectual Property Rights" refers to any and all known or to become known rights associated with intangible assets, both registered and unregistered; US and foreign; registered and unregistered copyrights, trade dress rights, corporate names logos invention patent applications software knowhow know-how patented (both domestically and foreign), software knowhow patent applications knowhow patent applications knowhow know how and other intellectual or proprietary rights (of whatever nature throughout the universe and no matter their designations)
"Licensed Certificate Option" refers to a service option which grants subscribers the rights to install certificates on one physical device while also purchasing additional certificate licenses for all physical servers that each device manages or where replicated Certificates reside. Please be aware this may not be available in all situations.
"Relying Party" refers to any individual or entity which acts upon certificates and digital signatures issued from third-party authorities for purposes other than self-identification purposes.
"Relying Party Agreement" refers to any contract used by CAs which outlines the terms and conditions under which an individual or organization acts as Relying Partie, such as Thawte Relying Party Agreement published in Repository.
"Repository" refers to the collection of documents located at a link accessible from the homepage of the website from which you applied for your Certificate.
"Reseller" refers to any internet service provider (ISP), systems integrator (SI), web host, technical consultant or application service provider who acquire Certificates with intent for reselling them on.
"Subscriber" refers to any person, organization or entity who owns, leases or controls an apparatus listed as being subject to and issued with a Certificate. They are capable of and authorized to utilize its private key corresponding to its public key listed within said Certificate at issue.
"Thawte PKI" refers to a Certificate-based Public Key Infrastructure that adheres to Thawte certificate policies, providing for worldwide deployment and use of Certificates by Thawte, its affiliates, their customers/subscribers/relying parties as well as Relying Parties.
"Thawte Seal" refers to an electronic image featuring the Thawte mark that, when displayed by you on your website, indicates you have purchased one or more Thawte services; clicking it displays which services have been purchased as well as whether such services are active.
2. Description of the Certificate. Thawte SSL Web Server, SSL Web Server With Extended Validation, Wildcard Server SSL Web Server Certificates and SGC SuperCert Certificates only are considered High Assurance certificates within their PKI. Devices equipped with high assurance certificates provide authentication; message integrity protection; software license compliance verification and content integrity verification services as well as confidentiality encryption services for secure communication channels and information exchange. High Assurance Certificates offer assurances about the identity of Subscriber organizations by verifying they exist, authorized the Certificate Application process and that those making submission on behalf of these Subscriber organizations were indeed allowed to submit them. Certificates also serve to guarantee that Subscriber is entitled to use domains listed in a Certificate Application if one exists. Thawte will authenticate your Extended Validation Certificate according to its guidelines for Extended Validation Certificates. Thawte SSL123 Certificates require medium assurance within our Public Key Infrastructure system (PKI). When applied for by organizations on behalf of themselves they qualify as medium assurance certificates in our PKI. Medium Assurance Certificates are issued to devices in order to validate the domain (unless issued to an intranet server); message, software and content integrity protection and confidentiality encryption. Medium Assurance Certificates provide assurances of domain validity (excluding intranet servers ) and that its administrator authorized its Certificate Application; no organization authentication takes place against its owner of record.
3. Processing Your Certificate Application. Once Thawte receives payment and authentication procedures are completed for the Certificate you have selected, Thawte will process your Application. Thawte will approve your Certificate Application and issue you a certificate to use according to this Agreement. After collecting or installing it, it is your responsibility to carefully read through and evaluate its content, noting any discrepancies immediately and notifying Thawte of any discrepancies immediately. Once receiving this notice, Thawte may revoke and issue you a corrected Certificate. Furthermore, Thawte acknowledges the occasional need to reissue Certificates; under its Reissue Policy located within its Customer Premise System at https://thawte.com/repository/, they shall do so according to this process.
4. Implement Restrictions. If you choose the Licensed Certificate Option, you acknowledge and accept that this can increase security risks on your network, with Thawte disclaiming all liability in relation to security breaches caused by sharing one key across multiple devices. Thawte considers any unlicensed use of its certificates on devices residing above servers or server farms to be theft and will pursue violators to the full extent of the law. If you choose to display Thawte Seal, its use must comply with our Conditions of Use published within our Repository.
5. Revocation. If you suspect any compromise to your private key or information contained within a Certificate that requires correction or has changed significantly since it was issued; your organization name has changed; domain registration status changed or information included has changed within Certificate; organization name or domain registration has altered, please immediately inform Thawte of these concerns as Thawte reserves the right to revoke it without warning if (i) Thawte discovers this is no longer valid; (ii) You fail to perform your obligations under this Agreement orThawte believes in its sole discretion that continuing use could compromise security or integrity of Thawte PKI; or (iv). Thawte may revoke or cancel it depending upon non-payment issues as per clause 4.2.4 above as per clause 5.7.1 above clause 7.6.24.8.10.23 clause 7.4.15 Clause 7.17 and 98077) clause 98.1 in accordance with clause 8.6.2). revoke your Certificate immediately without further. 8.1 is at its absolute discretionary. 7.1 or 4.2.2 Thawte reserves its sole discretion that its continued use could compromise security or integrity of Thawte PKI system security/PI, respectively). Also possible non payment clause may revoke your Certificate as soonest due revocating its retains 10. 6.1 above as follows: 8.1.2 in its own. 8.7.1, may i - 8.7.2 of Agreement 4.6.3 below may resultant; when this clause can also revoke by Thawte as below
6. Obligations upon Expiration or Revocation. Upon expiration or notice of revocation of your Certificate, its installation should be removed permanently from all devices on which it was previously installed and not used again for any purposes thereafter. Furthermore, any Thawte Seal associated with it should also be deleted from your website in accordance with Thawte policy.
7. Term of Service. This Agreement shall remain in effect until your Certificate has expired or is earlier revoked.
8. Representations and Warranties.
Thawte Representations and Warranties. Thawte warrants that: (i) no errors have been introduced into Certificate information by them as a result of failing to take reasonable care when creating it; (ii) their certificate issuance policies conform in every material respect with their Certificate Privacy Standards; and (iii) both its Revocation Services and use of Repositories are consistent with these CPS.
8.2 Your Representations and Warranties. Your further represent and warrant that you possess sufficient information to make an informed decision as to the degree to which you rely on a digital certificate issued within Thawte PKI; further, that sole decision-making authority for making that choice lies solely with you, including legal consequences that might ensue from any failure on your part to fulfill any Relying Party agreements applicable to your business.
8.3 Reseller Representations and Warranties. In accordance with Section 8.2, Reseller represents and warrants to Thawte and Relying Parties that it has secured authority from its customer to enter this Agreement on their behalf, binding them to it; (ii) Reseller will comply with and enforce compliance by its customer with this Agreement.
9. Fees and Payment Terms. As payment for the Certificate you purchased from Thawte, the applicable service fees set forth on our website when selecting or upon receiving an invoice from us must be made immediately. All fees are payable immediately and non-refundable, except where otherwise noted below. Taxes, duties, fees and any governmental charges of any sort (such as sales, services use and value added taxes imposed under government authority on service fees charged here shall be your sole responsibility and shall not be considered part of, deducted from or offset against said service fees. Thawte expects payments made to them without deduction or withholding on account of taxes, duties, charges, penalties or otherwise required by law to remain free from liabilities in respect of such deduction or withholding requirements. In cases in which such deduction or withholding must occur for legal reasons only, then your sum payable in relation to which such deduction or withholding must take place will increase sufficiently to allow Thawte to keep (without incurring liability in respect thereof) an equivalent net sum as it would have received had this action not occurred; this section does not apply if purchasing your Certificate from an Authorised Reseller or Reseller-owner.
10. Refund Policy. If for any reason the Certificate issued to you does not fully satisfy you, within thirty (30) days from its issuance you should request Thawte revoke it and issue you a refund. After this initial 30-day period has lapsed you are only entitled to receive one in cases in which Thawte breached a warranty or material obligation of this Agreement; this section does not apply if purchasing it from a Reseller.
11. Protecting Your Proprietary Rights. Thawte and its licensors retain all Intellectual Property Rights and title to any and all confidential or other proprietary information, products, services and their underlying ideas, techniques, inventions processes software or works of authorship developed or practiced as part of providing these services (i.e. "Thawte Works"). You acknowledge this fact when accepting this Agreement. Thawte Works do not incorporate your preexisting hardware, software, or networks. Nothing contained herein shall grant either party ownership of or license over another's Intellectual Property Rights; each shall continue independently owning and protecting their own Intellectual Property rights.
Thawte may modify this Subscriber Agreement at any time by revising or changing any or all of the provisions hereof, with changes becoming effective thirty (30) days following publication on Thawte websites or notification via e-mail to you. If these modifications do not satisfy you, if desired you can terminate this agreement at any time by notifying Thawte and seeking prorated refund of fees paid prorated from date of cancellation until end of service period; by continuing to utilize Thawte services post change you abide by and agree abide by these provisions and be bound thereby.
13. Privacy. 13. Thawte will use any personal data and information submitted in your Certificate Application according to their Privacy Statement ("Thawte Privacy Statement" or "Privacy Statement" as amended over time and accessible from the home page of the website through which you enrolled for it. By providing information in your Certificate Application to Thawte, you agree and give our organization permission to include that data on a Thawte Certificate/Thawte Seal issued from Thawte. Thawte may publish your Certificate, Seal and information contained therein on third-party sites (i) such as Repository; (ii) use such data according to this Agreement or Privacy Statement; Resellers acting on behalf of customers must guarantee they possess all required rights (and consents) in order to supply Thawte with customer data. As part of your Certificate Application process and transfer, Thawte may process or transfer your personal data between locations where we maintain presence - for further details please see our applicable Privacy Statements.
14. Disclaimers of Warranties. With the exception of the express limited warranties contained in Section 8, THAWC disclaims any other express, implied, statutory and contractual warranties (whether expressed, implied, statutory, implied or Statutory), including without limitation: any implied warranty of merchantability, fitness for purpose or satisfaction of customer needs as well as non-infringement as well as warranties that arise out of performance, dealing or trade usage; some jurisdictions prohibiting disclaiming specific representations warranties and guarantees may prevent some or all from applying directly.
15. Indemnity. You agree to indemnify, defend and hold harmless Thawte, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from (i) the breach of any of your warranties, representations and obligations under this Agreement, (ii) any falsehoods or misrepresentations of fact you make on the Certificate Application, (iii) any infringement of an Intellectual Property Right of any person or entity in information or content provided by you, (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 Agreement. Thawte shall promptly notify you of any such claim, and you shall bear full responsibility for the defense of such claim (including any settlements); provided however, that (a) you keep Thawte informed of, and consult with Thawte in connection with the progress of such litigation or settlement; (b) you shall not have any right, without Thawte's written consent, which consent shall not be unreasonably withheld, to settle any such claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgement of, any liability or wrongdoing (whether in contract, tort, or otherwise) on the part of Thawte, or requires any specific performance or non-pecuniary remedy by Thawte; and (c) Thawte shall have the right to participate in the defense of a claim with counsel of its choice at its own expense. The terms of this Section 15 will survive any termination of this Agreement. As a Relying Party, you agree to indemnify, defend and hold harmless Thawte, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from: (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.
16. 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. IN THE EVENT OF ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAWTE SHALL NOT BE LIABLE FOR: (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. THAWTE'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO TWO (2) TIMES THE AMOUNTS PAID FOR THE CERTIFICATE. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 16 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. NOTWITHSTANDING THE FOREGOING, THAWTE'S LIABIILTY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM THAWTE'S NEGLIGENCE OR WITH RESPECT TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Force Majeure. 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 (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of such party, provided that the party relying upon this Section 17: (i) gives prompt written notice thereof; and (ii) takes all steps reasonably necessary to mitigate the effects of the force majeure event; provided further, that in the event a force majeure event extends for a period in excess of thirty (30) days in the aggregate, either party may immediately terminate this Agreement upon written notice.
18. Compliance With Law, Export Requirements and Foreign Reshipment Liabilities. Both parties shall abide by all federal, state and local laws, regulations and export requirements applicable to their obligations under this Agreement. Without restricting the generality of what has been stated above, both parties hereby agree to comply with all export requirements ("Export Control"). Thawte reserves the right to suspend performance of its obligations under this Agreement immediately and without prior notification or liability should any party fail to abide by this clause.
19. Severability. Should any provision in this Agreement be declared illegal or unenforceable by an applicable court of jurisdiction, its invalidity, legality and enforceability in no way would be impaired as a result.
20. Governing Law. This Agreement and any disputes concerning services provided hereunder shall be interpreted according to each of the following laws, without regard to conflicts-of-law provisions: (a) California Law for North and Latin America users; or England and its Common Law (excluding its conflicts provisions ) for Europe Middle East Africa users and Singapore Law if located Asia Pacific Japan including Japan users - The UN Convention for Contracts for the International Sale of Goods shall not apply here
21. Dispute Resolution. Before initiating legal or administrative claims with regards to any aspect of this Agreement, any party involved shall first attempt a business resolution by notifying Thawte and any other involved parties of said dispute for purposes of seeking out business solutions through discussions between both parties involved. If nothing can be resolved within sixty (60) days after receiving notice thereof then one or both may proceed according to applicable laws as detailed herein.
22. Intended Blank Entered Here.
23. Assignment. Without Thawte's prior express written approval and without unreasonably withholding or delaying such approval, any rights granted hereunder or this Agreement cannot be assigned in whole or part to third parties either by contract, law, or any other means. This restriction includes both contracts as well as laws.
24. Notices and Communications. Any notice, demand or request you wish to address to Thawte with respect to this Agreement must be sent in writing via the "Contact" address listed on the website you purchased your Certificate from with an identical copy sent directly to: General Counsel-Legal Department at Thawte Inc, 350 Ellis Street Mountain View CA USA 94043. Any references made above regarding telephone numbers shall refer to 1-650-527-8000
25. Entire Agreement. This Agreement, together with any conditions of Use you choose to display with Thawte Seals (if any), and, for Resellers, your Reseller Agreement constitute the entirety of Thawte and you in terms of transactions contemplated hereunder and supersedes any prior or contemporaneous representation, understanding or communication regarding them - this includes terms in any purchase orders which do not comply with or conflict with this Agreement being null and void.
26. Third Party Beneficiary Rights. You hereby designate Microsoft Inc as an explicit third-party beneficiary to this Agreement's obligations.
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