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Thawte SSL 123 - 1 Year
Subscription Agreement for Thawte SSL Certificates.
Before applying, accepting, or using any SSL CERTIFICATE obtained from Thawates' Certificate Center ("THAWTE SSL WEB SERVER", SSL WEB SERVERS with extended validation periods (extended validity certificates) such as SGC SUPERCERTs or SSL123s ("THAWTE CERTIFICATE(s), it is imperative you read through and agree with this subscription Agreement ("AGREEMENT"). By clicking "ACCEPT" below or by accepting or using one, you become bound by these terms of subscription agreement and must abide by them in their entirety.
All references to "THAWTE" in this Agreement shall refer to Thawatec Inc, except if your organization resides within South Africa, Namibia, Lesotho or Swaziland; then these "THAWTE" references refer instead to SYMANTEC LTD.
As a customer of a reseller (as defined here), you represent and warrant that it is authorized to apply for, accept, install, maintain, renew and revoke certificates on your behalf. By authorizing them to do so you accept this agreement's terms; should any disagreement arise then please immediately call Thawate using their telephone number provided below to cancel it out immediately - Thawatte will cancel their certificate without penalty!
If you are acting on behalf of one or more customers and applying for certificates as their authorized representatives, as set out in Section 8.2, and 8.3 respectively. However if applying on their own or as part of a shared hosting security service certificate request then this Agreement shall apply without restriction, except Section 8.3.
1. Definition.
"Certification Authority," or CA for short, refers to any entity authorized to grant, suspend, and revoke Certificates; for this Agreement's purposes Thawte will serve as CA.
"Certificate Application" refers to any request sent directly to an CA for the issue of a Certificate.
"Certification Practice Statement", or CPS for short, refers to an ever-evolving document outlining how CAs operate when issuing Certificates.
"Devices" refers to any physical appliance or software application - like server load balancers and SSL accelerators - used to transmit electronic data between various points across networks.
"Intellectual Property Rights" refer to any and all now known or hereafter existing intangible rights associated with intangible assets, including but not limited to registered and unregistered United States and foreign copyrights, trade dress rights, trade names, corporate names logos invention patent applications software knowhow know-how other intellectual and proprietary rights (of every sort and form worldwide and however designated).
"Licensed Certificate Option" refers to a service option which grants Subscribers permission to install one Certificate onto one physical device and purchase additional Licenses for every server or other location where replicated Certificates reside on that same physical device, up to an available limit. Please be aware this may not always be available or suitable.
"Relying Party" refers to any person or organization which relies upon certificates and/or digital signatures issued from an Authorization Provider in their actions or decisions.
An agreement used by CAs that details the terms and conditions under which individuals or organizations act as Relying Parties; an example being Thawte Relying Party Agreement found within their Repository.
"Repository" refers to a collection of documents located at a link on the homepage of the website from which you applied for your Certificate.
"Reseller" refers to any provider (internet service provider, systems integrator, web host, technical consultant or app service provider) who purchase Certificates with intent of reselling them at a profit.
"Subscriber" refers to any person, organization or entity who owns, controls or has permission over a device for which a Certificate has been issued and who are capable of using and authorized to utilize its private key that corresponds with its public key listed within that Certificate at issue.
Thawte PKI refers to the public key infrastructure governed by Thawte certificate policies which facilitates worldwide deployment and usage of Certificates by Thawte, its affiliates, their customers/Subscribers/Relying Parties as outlined above.
"Thawte Seal" refers to an electronic image featuring the Thawte mark which, when displayed by you on your website, signifies your purchase(s) from Thawte services and, upon clicking-on them, provides information as to their activation status and product/service selection(s).
2. Brief Description of a Certificate. Thawte SSL Web Server, SSL Web Server with Extended Validation, Wildcard Server Certificates and SuperCert Certificates all fall within their own categories of certificates referred to below as High Assurance certificates in their PKI. High Assurance Certificates are granted to devices to facilitate authentication; message integrity protection; software content verification and confidentiality encryption. High Assurance Certificates provide Subscribers with greater assurances regarding their identity by verifying that their organization exists, has approved of submitting an Application on behalf of said organization, and that anyone acting on their behalf to submit it was in fact duly authorized to do so. Certificates provide assurances to Subscribers that they have legal standing to use domain names listed in Certificate Applications if such use has been listed on such applications. Thawte will authenticate an Extended Validation Certificate according to its guidelines for verification. Thawte SSL123 Certificates apply specifically: the Certificate you applied for represents Medium Assurance in our PKI. Medium Assurance certificates are granted to Devices as a way of validating their domain (unless issued to an intranet server); message, software and content integrity protection as well as providing confidentiality encryption services. Medium Assurance Certificates provide assurances of both domain validity (unless issued for intranet servers) and domain administrator authorizing Certificate Applications; no organization-level authentication takes place with regards to ownership.
3. Processing Your Certificate Application. Once Thawte receives payment and completes authentication processes required by your Certificate selection, they will begin processing it for processing your Application for Certificate. Thawte will issue your Certificate if your Application for Certification has been approved, in accordance with this Agreement. Once installed or collected from Thawte's servers, review its contents immediately for errors and notify Thawte immediately of them. Thawte recognizes that, from time to time, Certificate re-issuance may become necessary and will comply with its Reissue Policy by issuing you with an updated one.
4. Implement Restrictions. If you opt for the Licensed Certificate Option, you acknowledge and accept that this can result in increased security risks to your network, with Thawte disclaiming all liability in cases of breaches caused by sharing one key across multiple devices. Thawte views any unlicensed use of certificates on devices that reside above servers or server farms as theft and will pursue violators to the full extent of the law. If you choose to display the Thawte Seal, its installation and display must adhere to its Conditions of Use published within Repository.
5. Revocation. If you discover or suspect any compromise to the security or integrity of the Thawte PKI as a result of compromised private keys or inaccurate/out-of-date Certificate information or changes, or your organization name/domain registration has changed - such as incorrect domain name registration - then immediately inform Thawte. Thawte reserves the right to revoke it at any time without prior warning if for instance (i) information within your Certificate is no longer valid; (ii) failure by you in performance under this Agreement or continued use may compromise either its security/integrity - as determined solely by Thawte at their sole discretion. It could even revoke it due non payment from those involved with those individuals associated with their Certificate.
6. Obligations upon Expiration or Revocation. Upon expiration or notice of revocation of your Certificate, its installation should be uninstalled from all devices it was used on and no longer be used for any purpose thereafter. If any Thawte Seal was associated with it before its revoked state became apparent then such seal should also be taken down from websites associated with it.
7. Term of Service. This Agreement shall remain in effect until your Certificate has expired or is earlier revoked.
8. Representations and Warranties.
8.1 Thawte Representations and Warranties. Thawte represents and warrants that: (i) there are no errors introduced by Thawte in the Certificate information as a result of Thawte's failure to use reasonable care in creating the Certificate; (ii) its issuance of Certificates shall comply in all material respects with its CPS; and (iii) its revocation services and use of a Repository conform to its CPS in all material aspects.
8.2 Your Representations and Warranties. You represent and warrant to Thawte and Relying Parties that: (i) all information material to the issuance of a Certificate you provide to Thawte in your Certificate Application is accurate; (ii) you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber's digital signature, and the 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 Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. 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 a digital certificate issued within the Thawte PKI, 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 obligation you might have as a Relying Party under the applicable Relying Party Agreement.
8.3 Reseller Representations and Warranties. Further to section 8.2, Reseller represents and warrants to Thawte and Relying Parties that: (i) it has obtained the authority of its customer to enter into this Agreement on behalf of its customer and/or to bind its customer to this Agreement; and (ii) it shall comply with and procure its customer's compliance with this Agreement.
9. Fees and Payment Terms. As consideration for purchasing your Certificate from Thawte, the applicable service fees as set out on our website at the time of selection or, where appropriate, after receiving an invoice will need to be paid immediately upon receiving one from us. All fees are payable immediately and non-refundable except where otherwise noted below. Thawte will bear all taxes, duties, fees or governmental charges of any sort (such as sales, services use and value-added taxes but excluding income-based taxes imposed by or under authority of any government on service fees charged herein), which are levied against them or offset against such service fees charged herein by you alone and shall not form part or be deducted from these service fees charged to you. All payments due to Thawte shall be made without deduction or withholding on account of taxes, duties, charges or penalties, except as required by law; in such an instance the sum payable by you shall be increased so as to ensure Thawte receives and keeps free of liability the net sum equivalent to what it would have received but for such deduction or withholding being necessary; this section does not apply if your Certificate was purchased through an Reseller.
10. Refund Policy. If for any reason the Certificate issued to you does not fulfill its promised service and refund is desired, within thirty (30) days from issuance you should request for Thawte to revoke and refund it, while after this initial 30-day period refunds are applicable if Thawte breaches either warranties or material obligations under this Agreement; otherwise it does not apply. Note: this section does not apply if purchasing via Reseller.
11. Proprietary Rights. Thawte and its licensors retain all Intellectual Property Rights and title to any confidential information or other proprietary material provided through services provided by Thawte hereunder, such as products, services and any ideas, concepts, techniques, inventions processes software works of authorship developed embodied or practiced herein (collectively the "Thawte Works") including modifications, enhancements derivative works configuration translation upgrades interfaces (all these being known collectively as the "Thawte Works"). Thawte Works does not include your preexisting hardware, software or networks. Except as otherwise expressly provided herein, nothing in this Agreement creates any right of ownership or license in and to another party's Intellectual Property Rights; each party shall continue independently owning and protecting their Intellectual Property rights.
12. Modifications to Subscriber Agreement. Thawte may: (i) revise the terms of this Agreement; and/or (ii) change part of the services provided herein at any time. Any such change will be binding and effective thirty (30) days after publication of the change on Thawte's websites, or upon notification to you by e-mail. If you do not agree with the change, you may terminate this Agreement at any time by notifying Thawte and requesting a partial refund of fees paid, prorated from the date of termination to the end of the service period. By continuing to use Thawte services after such change, you agree to abide by and be bound thereby.
13. Privacy. You agree to the use of your data and information in accordance with the following: Thawte will treat and process the data you provide in your Certificate Application in accordance with the privacy statement specific to these Services ("Thawte Privacy Statement" or "Privacy Statement"), as amended from time to time and accessible from the home page of the website from which you enrolled for your Certificate. You agree and consent that Thawte may place in your Certificate and Thawte Seal information that you provide in your Certificate Application. Thawte may also: (i) publish your Certificate, Seal, and information contained therein in the Repository and other third-party sites; and (ii) use such information for the purposes set out in this Agreement and in the Thawte Privacy Statement. If you are a Reseller acting on behalf of a customer, you warrant that you have all necessary rights (including consents) to provide your customer information to Thawte. You are aware that Thawte will process and/or transfer the information you provide in your Certificate Application in the United States and in other jurisdictions where Thawte maintains a presence. For further information on processing of customer data, please see our applicable Privacy Statement.
14. Disclaimers of Warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES CONTAINED IN SECTION 8, THAWTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION OF CUSTOMER REQUIREMENTS, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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 Liability. Both parties shall comply with all applicable federal, state and local laws, regulations, and export requirements in connection with their obligations under this Agreement. Without limiting the generality of the foregoing, each party agrees to comply with all export requirements ("Export Control"). Regardless of any disclosure you make to Thawte of an ultimate destination of any Certificates, software, hardware, or technical data (or portions thereof) supplied by Thawte ("Thawte Technology") and, notwithstanding anything contained in this Agreement to the contrary, you will not: (i) modify, export, or re-export, either directly or indirectly, any Thawte Technology to any destination restricted or prohibited by Export Control, without first obtaining any and all necessary licenses from the United States government or any other country that imposes Export Control; (ii) provide Thawte Technology to any proscribed party on the United States Treasury Department's Office of Foreign Asset Control list of "specially designated nationals and blocked persons", the United States Commerce Department's "denied parties list", the United States Commerce Departments "BIS Entity List" or such other applicable lists; or (iii) export or re-export Thawte Technology, directly or indirectly, for nuclear, missile, or chemical/biological weaponry end uses prohibited by Export Control. Thawte shall have the right to suspend performance of any of its obligations under this Agreement, without any prior notice being required and without any liability to you, if you fail to comply with this provision.
19. Severability. If any provision of this Agreement should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not, in any way, be affected or impaired thereby.
20. Governing Law. This Agreement and any disputes concerning its services provided hereunder shall be interpreted according to one or more of the following laws, without regard to their conflicts-of-law provisions: (a) Californian laws apply if located within North or Latin America, England if in Europe Middle East Africa; Singapore for Asia Pacific including Japan. Please be advised that The UN Convention for Contracts for the International Sale of Goods will not apply herein.
21. Dispute Resolution. As required by law, before initiating suit or initiating administrative claims in regard to any aspect of this Agreement that you feel has given rise to a dispute, notify both Thawte and any other parties involved for purposes of seeking an amicable solution through business discussions and/or litigation proceedings if possible. Should these efforts prove fruitless within sixty (60) days after initial notice has been provided then either party may pursue their options per applicable laws according to this Agreement.
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23. Assignment. Without Thawte's prior express written approval and in a reasonable timeframe, no transfer or assignment shall occur under this Agreement, in whole or part. Such consent shall not be withheld unreasonably or delayed in its implementation.
24. Notices and Communications. Any notice, demand or request you make to Thawte regarding this Agreement should be sent in writing via the "Contact" address listed on the website where you purchased your Certificate; for copies please send it directly to: General Counsel-Legal Department Thawte Inc 350 Ellis Street Mountain View California 94043 USA 94043 Please be advised that references to telephone numbers herein mean 1-650-527-8000 only.
25. Entire Agreement. This Agreement, its Conditions of Use if you decide to display a Thawte Seal and, for Resellers, their Reseller agreement form the entire understanding and agreement between Thawte and you with regard to transactions contemplated, superseding all previous or contemporaneous representations, understandings or communications related thereto (oral or written). Terms or conditions in purchase orders not listed within or which contradict this Agreement are null and void and disregarded as valid contracts between us.
26. Third Party Beneficiary Rights. You hereby recognize Microsoft Inc as an express third-party beneficiary to this Agreement and shall take steps necessary for their fulfillment.
Thawte SSL Certificate Subscriber Agreement Version 6.0 (August 2010).
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