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Sectigo provides certification of subscriber agreements
Please read and understand this Certificate Subscriber Agreement carefully prior to applying for, accepting or using a Sectigo Certificate. By accepting one and clicking "I Agree", you acknowledge reading it carefully, understanding its terms, and agreeing with them. If this agreement does not accept this terms of usage and would rather decline it then do not apply for, accept or use one and do not click the "I Agree" box -
This Agreement is between you (the "Subscriber") and Sectigo CA Limited ("Sectigo"), an independent United Kingdom company. This document regulates your application for and usage of an SSL Certificate issued from Sectigo. We both agree as follows:
1. Issuance
1.1: Issuer Validity Check. Upon Sectigo accepting Subscriber's application for a Certificate, Sectigo shall attempt to validate its content according to both CPS and Guidelines requirements; should this process prove satisfactory and Sectigo choose to approve of Subscriber, they shall issue their ordered Certificate(s). Alternatively, Sectigo reserves the right to decline an application at their sole discretion and issue same to Subscriber as ordered Certificate(s). Nevertheless, Sectigo reserves the right to decline any application on its terms without giving prior notification prior approval or justification whatsoever based on any factor.
1.2 Multiple Certificates. This agreement applies to multiple future certificate requests and any resulting Certificates regardless of when they were 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 licensed to utilize Sectigo's AUTO-Enhancer and Enhancer technology with Sectigo EV Certificates; any rights not expressly granted herein remain with Sectigo and should not be assumed as granted here.
Sectigo grants Subscriber a license to display purchased TrustLogos on domain(s) secured with a Sectigo Certificate. When revoking such Certificate, Sectigo may also revoke any TrustLogos issued to that domain(s). No changes may be made to an issued TrustLogo and its use or display or modification must not misrepresent that Sectigo guarantees non-Sectigo products or services or be displayed or used on websites which violate Sectigo trademark rights or that harm its business reputation or cause other damage or harms them both parties' businesses or reputation.
1.5 Fee. Subscriber shall pay all applicable Certificate fees before it issues, these being disclosed during the application process. All payments made are non-refundable except when applicable within twenty (20) business days after certificate issuance if 1) Not used it and 2) sent written request to Sectigo to have it cancelled by withdrawing it altogether (ie: not used it and requested its withdrawal in writing) [B].
1.6 Subscriber Obligations. In exchange for receiving their Certificate(s), Subscriber will:
(i) use the Certificates only for the purposes listed in the Sectigo CPS;
(ii) only install an issued Certificate on the servers accessible at the domain name(s) listed in the Certificate and only use an issued Certificate for authorized business of the Subscriber;
(iii) be responsible for any computer hardware, telecommunications hardware and software needed to use the Certificate;
(iv) obtain and keep valid any necessary authorization or licenses required in order to use the Certificate;
(v) Adhere to Sectigo's Relying Party Agreement;
(vi) Keep all Confidential Information private and undamaged, notifying Sectigo promptly of any disclosure of said Information as soon as it becomes probable and requesting immediate revocation of Certificates;
(vii) ensure all information provided to Sectigo is complete, accurate, and does not include anything that would violate laws, be contrary to public interest, or likely damage their business or reputation in any way;
(viii) Discontinue use of any Certificate and Private Key immediately if 1) their integrity has been compromised; 2) or after their Certificate has expired or been revoked by authorities.
(ix) Subscriber must immediately inform Sectigo of 1) any breach of this agreement or 2) any information supplied to Sectigo changes, becomes inaccurate, or breaches the warranties made herein by Subscriber, so as to allow proper resolution and avoid legal complications in resolving them.
(x) comply with all applicable local and international laws when receiving or using a Certificate, including all export laws. Subscriber shall not export or re-export, either directly or indirectly, any Certificate to a country or entity under United Kingdom or United States restrictions. SUBSCRIBER ASSUMES ALL LIABILITY FOR ITS VIOLATION OF EXPORT LAWS.
1.7. Restrictions. Subscriber shall not:
(i) impersonate or misrepresent Subscriber's affiliation with any entity, (ii) modify, license, create derivative works from or transfer any Certificate (except when required to use such Certificate ) or Private Key without their written approval from Administrator;
(iii) install or use an issued Certificate only after having thoroughly reviewed and validated its data accuracy; (iv) upload or distribute files or software which could compromise or harm another computer user;
1. Engage in behavior which is offensive, abusive, against public morality, indecent, defamatory or offensively disparaging of others or menacing; or 2. Break trust of third parties by harassing them with unsolicited bulk correspondences 5) Create Private Keys that closely resemble Sectigo or third-party Private Keys
(vi) make representations regarding the Service to any third-party unless explicitly approved in writing by Sectigo.
2. Warranties and Representations. Subscriber warrants that:
(i) for EV Certificates, the subject named in the Certificate has exclusive control of the domain name(s) listed in the Certificate;
(ii) it has full power and authority to enter into this agreement and perform its obligations hereunder;
(iii) for EV Certificates, the individual accepting the Agreement is expressly authorized by Subscriber to sign the agreement for Subscriber.
3. Revocation. Sectigo may revoke a Certificate if Sectigo believes that:
(i) Subscriber requested revocation of the Certificate;
(ii) Subscriber did not authorize the Certificate and has not retroactively granted authorization;
(iii) Subscriber breached this Agreement;
(iv) Confidential Information related to the Certificate has been disclosed or compromised;
(v) the Certificate has been 1) misused, 2) used contrary to law, rule, or regulation or 3) used, directly or indirectly, for illegal or fraudulent purposes;
(vi) information in the Certificate is inaccurate or misleading,
(vii) for EV Certificates, Subscriber loses exclusive control over a domain name listed in the Certificate;
(viii) the Certificate was not issued or used in accordance with Sectigo's CPS, industry standards, or, for EV Certificates, the EV Guidelines;
(ix) Sectigo 1) ceased operations or 2) is no longer allowed to issue the Certificate, and no other certificate authority has agreed to provide revocation support for the Certificate;
(x) Subscriber is placed on an exclusion or prohibition list or operating from prohibited destinations under Sectigo's jurisdiction of operation; (xi) Certificate was granted to publishers of malicious software;
(xiii) the CPS authorizes revocation; (xiv) retention will compromise Sectigo's trust status; umplut Upon revoking a Certificate, Sectigo reserves the right to either issue another one back to Subscriber or terminate this agreement in its own sole discretion.
4. Intellectual Property Rights
4.1. IP Rights. Sectigo will retain ownership and all title to and rights over (i) Services provided hereunder including certificates issued;
(ii) all copies or derivative works created using Sectigo Services regardless of who produced, requested or suggested it; (iii) documentation and materials supplied by Sectigo; and (iv) copiesight rights, patent rights, trade secret rights or any other forms of proprietary protection owned by Sectigo.
4.2 Trademarks. Subscriber agrees not to use a Sectigo trademark without its prior written approval; however, such approval includes its use with TrustLogos provided by Sectigo.
4.3. Other Rights. EV AUTO-Enhancer(tm) for Windows utilizes Microsoft Detours Professional 2.1 which is Copyright 1995 to 2004 of Microsoft Corporation; some portions may also be covered by patents held by them.
Microsoft, MS-DOS, Windows, Windows NT 4.0 Server Service Pack 1 (NTSP), 2000 Server SP4, and DirectX are registered or trademarked trademarks owned by the Microsoft Corporation and used with their permission across a wide array of products in many different nations worldwide.
5. Indemnification
5.1 Subscriber agrees to indemnify Sectigo and its affiliates (collectively known as an "Indemnified Person") against all liabilities, losses, expenses or costs (including reasonable attorney's fees ) caused directly or indirectly by Subscriber breaching this Agreement, providing inaccurate or false information, or violating third-party rights by Subscriber and their customers.
5.2 Sectigo will notify Subscriber of any demand for indemnification promptly; however, any failure on Sectigo's part to do so does not relieve Subscriber from its indemnification obligations except where this failure materially prejudices Subscriber. Subscriber may assume defense in actions, suits and proceedings giving rise to an indemnification obligation unless doing so would create potential conflicting interests as determined by Indemnified Person in good faith; Subscriber cannot settle claims related to this agreement unless settlement includes unconditional release from liability of all Indemnified Persons involved -
5.3 Additional Liability. Subscriber's indemnification obligations do not represent Sectigo's sole remedy in response to its breach; rather they supplement any other recourses it has under this agreement and shall survive its termination.
6. Term and Termination
6.1. Term. This agreement takes effect upon Subscriber accepting it and continues as long as a Certificate issued under it remains valid.
6.2 Termination. Either party may terminate this Agreement at will by providing 20 business days' notice; however, Sectigo reserves the right to terminate immediately without warning should Subscriber materially breach this agreement or in case they revoke Certificate as per this document.
(i) Subscriber materially breaches this agreement,
(ii) if Sectigo revokes a Certificate as allowed herein,
(iii) if Sectigo rejects Subscriber's Certificate application,
(iv) Sectigo cannot satisfactorily validate Subscriber in accordance with section 1.1, or
(v) if industry standards change in a way that affects the validity of the Certificates ordered by Subscriber.
6.3 Events of Termination. Following termination, Sectigo may immediately withdraw all certificates issued to Subscriber without further notification and charge Subscriber any amounts still owing. Sectigo shall have no obligation whatsoever to return payments made by Subscriber prior to termination of this Agreement.
7. Disclaimers and Limitation of Liability
7.1 Subscriber acknowledges that Relying Party Warranties are only provided to benefit Relying Parties; subscriber has no legal standing to enforce or make claims under it.
7.2, Exclusion of Warranties. Sectigo provides its services "AS IS", without express or implied warranties; in particular any implied or express warranty related to merchantability, fitness for particular purpose and non-infringement and this disclaimer applies up to its maximum legal extent. Likewise Sectigo makes no assurance or guarantee that (1) they will meet Subscriber needs or expectations or 2) access will remain uninterrupted, timely, secure or error free during use of its Services.
7.3 Limit of Liability. Subject to Section 7.4, Sectigo and its Affiliates and their Officers, Directors, Partners, Employees and Contractors' total liability in connection with or arising from this Agreement is limited to the total Amount paid for services giving rise to such liability by Subscriber. Subscription holders release Sectigo of any liability for special, indirect, incidental and/or consequential damages of any type; including loss of profits, revenue, use or data that might occur even though Sectigo knows of their likelihood. These limitations shall be enforced to the greatest extent permitted by law and regardless of 1) the reason or nature of liability (such as tort claims), 2) number of any claims filed, 3) extent or type of damages sustained and 4) whether any other provisions in this agreement have been breached or proven ineffective.
7.4. Exception. Nothing in this agreement eliminates or restricts either party's liability in cases arising from death or personal injury caused by their own negligence, as well as for statements made fraudulently.
8. Remedy
8.1 Subscriber acknowledges that any breach or threatened breach of this agreement by Subscriber would cause irreparable harm that cannot be adequately remedied through compensatory damages, so in addition to other legal remedies available to it, Sectigo may seek injunctive relief in response.
8.2. Liability Limit. Claims or actions against either party due to this agreement must be brought within one year from when their cause occurred, except claims related to indemnification and confidentiality obligations of one of these parties.
8.3. Remedy. Subscriber's sole recourse in the event of any defect with Services is to require Sectigo to use reasonable efforts in correcting it, although Sectigo may decline such obligations if (i) misuse, damage, modification, non-notification of defect to Sectigo immediately and breached this Agreement were present; or (iii) the Subscriber breached any provision hereof by way of their actions or failure to report said defect within 48 hours;
9. Confidentiality. Unless permitted hereunder, neither party ("Receiving Party" and "Disclosing Party") shall use or disclose Confidential Information received from each other for purposes other than fulfilling this Agreement and performing their respective obligations hereunder. Specifically, Receiving Party shall take reasonable measures to prevent unauthorised disclosure and ensure all recipients abide with restrictions set out herein; they may disclose Confidential Information only under certain conditions such as:
(i)is already possessed by the Receiving Party before receipt from the Disclosing Party;
(ii)is or becomes public domain without fault of the Receiving Party;
(iii)is or becomes public without fault on the Receiving Party's part;
(iv)was received from third parties who are free from an obligation of confidentiality or restrictions regarding use and disclosure, is disclosed pursuant to legal obligations or legal processes and, before disclosure occurs, prior notice has been provided by the Receiving Party of their requirement to disclose it or is due for disclosure pursuant to law, government orders or regulation or legal processes;
(v)is released publicly due to law, without being subject to confidentiality obligations.
Parties asserting one of the exceptions to Confidential Information must substantiate it with verifiable documentary evidence and any restrictions contained here apply for five years after termination.
10. Privacy
(i) Sectigo shall abide by its privacy policy posted on its website when receiving and using information from Subscribers, subject to Section 10(ii), when receiving and processing this data. In doing so, Sectigo reserves the right to amend this policy at any time by publishing any revised versions on its website and taking reasonable efforts in protecting Subscriber data while acknowledging risks that remain beyond Sectigo's reasonable control; subscribers hereby release Sectigo from all liability in this regard.
(ii) Subscriber agrees to 1) Sectigo disclosing their information publicly by embedding it within issued Certificates, and 2) Sectigo sharing or disclosing Subscriber's data with third parties outside the European Union as needed in order to validate and issue Certificates.
(iii) Subscriber may opt-out of having information used for purposes that do not directly relate to Services by sending a clear 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. With respect to Subscriber payments obligations only, neither party shall be held liable for delays or failure to perform an obligation where such delay or failure was caused by something beyond either of their reasonable control; each acknowledges that Internet operations fall outside their reasonable control as such neither party shall be held liable in cases such as an interruption in digital transmission links, slow downs of Internet speeds or failures, transmission failure or similar transmission problems affecting either one.
11.2. Notices. All notices sent by first class mail in English should include return receipt requested and be addressed to Sectigo CA Limited located at 26 Office Village 3rd Floor Exchange Quay Trafford Road Salford Manchester UK M5 3EQ United Kingdom for receipt by them or Sectigo on its part will be delivered either directly via post, e-mail, facsimile.
11.3. Entire Agreement. This document, together with any documents referenced herein, represents a binding contract between both parties and supercedes any previous or concurrent agreements regarding its subject matter. Section headings should only be taken as references when reading through and understanding this Agreement.
11.4. Amendments. Sectigo reserves the right to make amendments or updates at any time to this Agreement, the CPS, Relying Party Agreement/Warranty and documents listed in its Repository by posting either an amendment or the modified document within. Subscriber should regularly monitor Repository to stay aware of changes; subscribers who disagree with an amendment can terminate this agreement but continued use of Services constitutes acceptance of said amendment by Subscriber.
11.5. Waiver. Failure by either party to enforce any provision of this agreement does not waive their rights to enforce that same or another provision later; to be effective, all waivers must be in writing and signed by both parties affected by it.
11.6 Assignment. Subscriber must obtain prior written approval from Sectigo before assigning any rights or obligations under this agreement, any transfer without this consent being considered invalid and any attempt at doing so void. Sectigo reserves its rights and obligations without Subscriber's approval and may assign theirs without subscriber input.
11.7: Applicable Law and Venue. In terms of interpretation, construction, enforcement and all proceedings related to this agreement arising out of it - tort claims included - including its interpretation or construction or enforcement the laws of England and Wales shall govern both interpretation, construction and implementation without regard for conflicts-of-law principles or legal action taken resulting from it; all proceedings or legal actions brought from within its context must commence exclusively before English/Welsh courts with both parties accepting this venue as the exclusive forum and jurisdiction for their legal actions related to this agreement.
11.8 Severability. Any provision determined invalid or unenforceable under applicable law will be revised as necessary in order to make it valid and enforceable, or its provision deemed null and void so as to preserve the overall integrity and enforceability of the contract. If reformation cannot occur, its provision will simply be disregarded with all other valid agreements remaining unaffected by its removal from it.
11.9. Survival. Any provisions related to confidentiality, proprietary rights, indemnification and limitations of liability remain valid following termination.
11.10 Third Parties. Subscriber's obligations and warranties arising under this agreement will benefit explicitly to Certificate Beneficiaries as third party beneficiaries of that relationship.
12. Definitions
12.1. "Certificate" means an electronic data file issued by Sectigo that digitally signed by Sectigo that provides identification information of those authorized to use its digital signature, copies of their Public Key and serial numbers along with use limitations as well as Sectigo's Digital Signature issued to that file.
12.2. "CPS" documents provide detailed explanation of Sectigo's policies and procedures when operating PKI infrastructure.
12.3. "Confidential Information" refers to any materials, data, systems, technical operations and other details pertaining to Sectigo's business operations that is unknown by the general public - for instance Certificate issuance services such as Private Keys, personal identification numbers or passwords issued through our Certificate Services are considered highly confidential information.
12.4. "Certificate Beneficiaries" refer to Subscriber, Subject Named in Certificate, any third parties with which Sectigo has entered into contracts to include its root certificate into their system and those Relying Parties who actually depend upon such Certificate during its timeframe of validity.
12.5. "Digital Signature" refers to an encrypted electronic data file attached or associated logically with other electronic data and uniquely linked with its signatory using their Private Key; its design allows any future changes in electronic data to be easily identifiable by detectable changes within it.
12.6 "EV AUTO-Enhancer" refers to Sectigo's patent-pending process and software for activating EV functionality on web browsing computers using either modified Apache configuration files or their IIS plug-in developed by Sectigo.
12.7 An "EV Certificate" refers to any Certificate signed using Sectigo's EV root certificate that has been created specifically to work with SSL v3 or TLS v 1.0 enabled web browsing applications and conforms with Sectigo 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 web browsers on them towards beacon websites designed to download and install an additional root certificate for their EV root certificate.
12.9. "EV Guidelines" refers to the CA/Browser Forum's official, adopted regulations governing Electric Vehicle Certificates.
12.10. "Private Key" refers to an encrypted data file designed for use with Public Keys that uses the same encryption algorithm, and which may be used for creating Digital Signatures as well as decrypting files or messages encrypted with them.
12.11 "Public Key" refers to any publicly accessible encrypted electronic data file designed to communicate with and interface with Private Keys using the same algorithm, for the purpose of verifying Digital Signatures or encrypting files or messages.
12.12 "Relying Party" refers to any entity which relies upon certificates or digital signatures when taking certain actions.
12.13 A "Relying Party Agreement" refers to an agreement in the Sectigo Repository that governs how Relying Parties utilize Certificates when transacting business with Subscriber's website.
12.14. "Relying Party Warranty" refers to an offer by Sectigo made under its Relying Party Agreement for use of Certificates by Relying Parties.
12.15. A repository refers to an open and freely accessible collection of information and databases related to Sectigo's Certificate practices that is publicly accessible.
12.16 "Services" refers to Certificates purchased under this agreement along with any related TrustLogos, software updates or documentation from Sectigo.12.18 A "TrustLogo" provided by Sectigo can be placed on subscriber websites as part of an issued Certificate issued from Sectigo.
ACCEPTANCE By clicking "I AGREE", you certify that you have read, understood and agreed to comply with this Agreement's Terms & Conditions. Please do not click the button if this Agreement does not represent what you wish for or requires of you.
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