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Netfirms™ Terms of Service Terms - VeriSign SSL Certificate If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.These terms of service ("Terms") apply to you the subscriber (hereinafter referred to as "You" or the "Subscriber", and includes, without limitation, your agents, employers and employees), and govern Your application and subscription to the VeriSign SSL Certificate services (the "Services") provided by Netfirms, Inc. ("Netfirms") and Verisgn, Inc. ("Verisign"). Netfirms is an authorized reseller of Verisign's digital certificate services. In addition to these Terms, additional Verisign terms apply to Your application and subscription to the Services (the "Verisign Terms"). The Verisign Terms can be accessed and reviewed at http://www.verisign.com/repository/Termss/serverClass3Org.html. As well, these Terms are a supplement to Netfirms' standard terms of services for Netfirms services, which also apply to the provision of these Services. In the event of any conflict between these Terms and Netfirms' standard terms of services, the former will apply. Netfirms' privacy policy is incorporated herein by reference and forms an integral part of these Terms. You can read our privacy policy at http://www.netfirms.com/legal/privacy.php . 1. Definitions. "Certification Authority" or "CA" means an entity authorized to issue, suspend, or revoke Certificates. For purposes of these Terms, CA shall mean VeriSign. "Certificate Application" means a request to a CA for the issuance of a Certificate. "Intellectual Property Rights" means any and all now known or hereafter existing rights associated with intangible property, including, but not limited to, registered and unregistered, United States and foreign copyrights, trade dress, trade names, corporate names, logos, inventions, patents, patent applications, software, know-how and all other intellectual property and proprietary rights (of every kind and nature throughout the universe and however designated). "Licensed Certificate Option" shall mean the service option that grants a Subscriber the right to use a Certificate on one physical device and obtain additional Certificate licenses for each physical server that each device manages, or where replicated Certificates may otherwise reside. This option may not be available to you. "NetSure Protection Plan" shall mean the extended warranty program offered by VeriSign, as detailed in the Repository. "Relying Party" shall mean an individual or organization that acts in reliance on a Certificate and/or a digital signature. "Relying Party Terms" shall mean any Terms used by a CA setting forth the terms and conditions under which an individual or organization acts as a Relying Party, such as the VeriSign Relying Party Terms published in the Repository. "Repository" shall mean the collection of documents located at the link for the repository which may be accessed from the homepage of the website from which you applied for your Certificate. "VeriSign Trust Network" or "VTN" shall mean the Certificate-based public key infrastructure governed by the VeriSign Trust Network certificate policies, which enables the worldwide deployment and use of Certificates by VeriSign, its affiliates, their respective customers, Subscribers, and Relying Parties. 2. Description of the Certificate. The Certificate for which You have applied is a SSL Certificate, which is used to support SSL/TLS sessions between a web browser and web server using encryption. All VeriSign SSL Certificates are considered Class 3 organizational Certificates within the VTN. Class 3 Certificates are issued to devices to provide authentication; message, software, and content integrity; and confidentiality encryption. VeriSign Class 3 organizational SSL Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist, that the organization has authorized the Certificate Application, and that the person submitting the Certificate Application on behalf of the Subscriber was authorized to do so. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application. If you have applied for an Extended Validation Certificate, then VeriSign will authenticate your Certificate according to the Extended Validation Certificate guidelines. 3. Processing the Certificate Application. Netfirms will process Your Certificate Application and provide it to VeriSign. Upon receipt of the necessary payment and upon VeriSign's completion of authentication procedures required for the Certificate You have selected, VeriSign will process your Certificate Application. If your Certificate Application is approved, VeriSign will issue You, via Netfirms, a Certificate for your use in accordance with these Terms. After You pick up or otherwise install your Certificate, You must review the information in it and promptly notify Netfirms of any errors. Upon receipt of such notice, VeriSign may revoke Your Certificate and issue You a corrected Certificate. 4. Use Restrictions. You are prohibited from using your Certificate (i) for or on behalf of any other organization; (ii) to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your Certificate Application; (iii) on more than one physical server or device at a time, unless You have purchased the Licensed Certificate Option; (iv) if a WLAN Server Certificate, on any device other than a RADIUS server; and (v) for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage. If You are using the Licensed Certificate Option, You acknowledge and agree that this option can result in increased security risks to your network and that VeriSign expressly disclaims any liability for breaches of security that result from the distribution of a single key across multiple devices. VERISIGN CONSIDERS THE UNLICENSED USE OF A CERTIFICATE ON A DEVICE THAT RESIDES ABOVE A SERVER OR SERVER FARM PIRACY AND WILL PURSUE VIOLATORS TO THE FULLEST EXTENT OF THE LAW. Certificates purchased under the Licensed Certificate Option limit the amount of recovery under the NetSure Protection Plan to the amount specific to the plan that was purchased or the local currency equivalent thereof. If you choose to display the VeriSign Secured Seal, you must install and display such seal only in accordance with the VeriSign Secured Seal License Terms published in the Repository. 5. Revocation. If You discover or have reason to believe there has been a compromise of your private key, or the information within your Certificate is incorrect or has changed, or if your organization name and/or domain name registration has changed, you must immediately notify Netfirms. Netfirms and VeriSign retain the right to revoke your Certificate at any time without notice if (i) Netfirms or VeriSign discovers that the information within your Certificate is no longer valid; (ii) You fail to perform your obligations pursuant to these Terms; or (iii) in VeriSign's sole discretion, you have engaged in activities which VeriSign determines are harmful to the VTN. 6. Obligations Upon Revocation or Expiration. Upon expiration or notice of revocation of your Certificate, You shall permanently remove Your Certificate from all devices on which it is installed and shall not use it for any purpose thereafter. If You have installed a VeriSign Secured Seal in conjunction with the revoked Certification, then you shall remove such seal from your website. 7. Term of Service. These Terms shall remain in effect until your Certificate has expired or is earlier revoked. 8. Representations and Warranties. 8.1 Your Representations and Warranties. You represent and warrant to Netfirms, VeriSign and Relying Parties that (i) all information material to the issuance of a Certificate you provide to VeriSign in your Certificate Application is accurate; (ii) You will inform Netfirms or VeriSign if the representations you made to VeriSign 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 these Terms; (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 these Terms as a condition of obtaining a Certificate; and (x) You will not monitor, interfere with, or reverse engineer (save to the extent that you cannot be prohibited from so doing under applicable law) the technical implementation of the VTN, except with the prior written approval from VeriSign, and shall not otherwise intentionally compromise the security of the VTN. 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 VTN, 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 Terms. 9. Fees and Payment Terms. As consideration for the Certificate you have purchased, You shall pay Netfirms the applicable service fees set forth on our website at the time of You sign up for your initiation of the Services. Netfirms will debit your credit card or your paypal account the applicable fees on the day You sign up for the Services you initiate. 10. Refund Policy. If You are not completely satisfied with the Certificate issued to you for any reason, You must request, within forty eight 48 hours of Certificate issuance, that Netfirms revoke the Certificate and provide you with a refund. |