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True Site Subscriber Agreement

By submitting an application to obtain a QuickSSL or True BusinessID Certificate and accepting and using such certificate and/or submitting an enrollment form for True Site and accepting and using the services, you indicate the acceptance of the following terms and conditions and you agree to be bound by them.


This GeoTrust True Site™ Subscriber Agreement (this "Agreement") is made by and between GeoTrust Inc. ("GeoTrust") and you, an applicant, and governs your application for and use of GeoTrust's True Site Service. By accepting this Agreement, Internet service providers, hosting companies, or others ("Hosting Companies"), represent that they have express authority from certificate applicants to apply for, and accept the True Site services on the applicant's behalf, and that both the applicant and the Hosting Company ("collectively referred to as the "Subscriber") have agreed to be bound by all the terms of this Agreement.

Subscriber hereby represents that it is fully authorized to apply for GeoTrust's True Site Service (the "Service) for its Web site.

NOW, THEREFORE, in consideration of the above premises and the mutual covenants set forth herein, and for other good and valuable mutual consideration, the receipt and sufficiency of which are hereby mutually acknowledged, GeoTrust and Subscriber agree as follows:

  1. Subscriber's responsibilities under this Agreement:

    (a) Subscriber agrees to pay all charges for the Service found in the agreement(s) or order form(s) between Subscriber and the Delegated Certificate Provider.

    (b) Subscriber agrees to all additional charges for services requested by Subscriber that may occur during the course of business above and beyond the original agreement(s) or order form(s) between Subscriber and GeoTrust or the Delegated Certificate Provider.

    (c) Subscriber agrees to adhere to the acceptable use policies set forth at http://www.geotrust.com and the Authentication Practice Statement ("APS") which is incorporated by reference into this Agreement. The APS is available for viewing at http://www.geotrust.com.

    (d) Subscriber agrees not to use the Service in methods that violate local, state or Federal laws within the United States of America.

    (e) Subscriber agrees to the Governing Law and Dispute Resolution Procedures agreement set forth in this Agreement.

    (f) Subscriber agrees to the Limitation of Liability, Disclaimer of Warranties, and Indemnification provisions set forth in this Agreement.

    (g) Subscriber agrees to be bound by the laws of the Commonwealth of Massachusetts in all legal proceedings applicable to this Agreement.

    (h) Subscriber agrees to any and all other information, amendments, clauses, and terms found in this Agreement.

  2. Responsibilities of GeoTrust under this Agreement:

    (a) GeoTrust will provide the Service in accordance with this Agreement.

    (b) GeoTrust will provide Subscriber with software for use with the Service ("Software").

    (c) GeoTrust will provide technical support services by means of questions and answers and other information posted under 'Products and Services' at http://www.geotrust.com

  3. Description of the Service: The Service provides a dynamic icon on a page or pages of Subscriber's web site that are intended to confirm the identity of a page by comparing the URL of the page with the URL registered with GeoTrust at enrollment. The Service also intends to provide validated business card information about Subscriber.

    While the Service is intended to help provide information to viewers of Subscriber's web site that will help the viewers detect and avoid spoofing, hijacking, hacking, and similar misuse of Subscriber's web site pages, Subscriber acknowledges that True Site cannot prevent spoofing, hijacking, hacking, and similar misuse of its web site pages and that viewers may be misled under certain circumstances to believe that certain false pages or images are genuine pages from Subscriber's Web site.

  4. Enrollment for the Service. In order to obtain the Service, Subscriber agrees to complete GeoTrust's enrollment form, including Subscriber contact information, domain name, server certificate information (if any), and URLs for each page of the owner's web site to be served by the Service.Subscriber warrants (1) the information it provides will be complete and accurate, (2) Subscriber has authority to provide the information and is not violating any privacy or confidentiality rules, regulations, or agreements, and (3) that GeoTrust has permission to use this information in order to provide the Service.

    During enrollment, GeoTrust will authenticate the web site owner's identity and rights to the web site through a check against certain public records and other information sources according to the provisions of GeoTrust's then-current APS as set forth at http://www.geotrust.com which may be amended from time to time by GeoTrust. If Subscriber has also subscribed to a GeoTrust True BusinessID SSL server certificate or equivalent certificate, GeoTrust may rely on the authentication steps followed for issuance of the certificate as sufficient authentication for purposes of providing the True Site service to Subscriber. Subscriber agrees GeoTrust may refuse to provide the service if it is not satisfied as to the web site owner's identity and rights to the web site and may inform Subscriber (including Hosting Company, as applicable) of the reasons why. Subscriber agrees (1) GeoTrust shall not be liable for any errors in this identity authentication process, and (2) that all parties who view the Service as provided at the web site pursuant to this agreement ("Relying Parties") will be bound by the terms of the then-current True Site Relying Party Agreement as set forth at http://www.geotrust.com.

    Use of the Service requires that Subscriber provide GeoTrust with an update from time to time of the URLs for the owner's web site pages, and Subscriber agrees to do so during the term of this Agreement via supplements to its enrollment form.

    Secure Subscriber communications with GeoTrust will be via user name and password or client certificate.Subscriber agrees to keep its password secret and/or its client certificate secure, and GeoTrust will not be liable in the event of any compromise or loss of secrecy of Subscriber's password or client certificate.

  5. Business or Commercial Use. Subscriber warrants that its web site is established solely for business or commercial use only, and not for any personal or consumer use.

  6. Term and Termination: The term of this Agreement shall begin on the date the enrollment application is submitted to and accepted by GeoTrust and shall terminate upon the earlier of (a) end of the one year enrollment period (b) thirty (30) days after receipt of notice by Subscriber from GeoTrust regarding a breach by Subscriber of its obligations under this Agreement which remains uncured for such period of time, or (c) receipt of notice by GeoTrust from Subscriber of its intent to terminate this Agreement.

    Subscriber may cancel the Service according to the terms of the agreement(s) or order form(s) agreed to by Subscriber. GeoTrust may terminate the Service (a) upon instruction by Hosting Company, including notice by Hosting Company to GeoTrust that the web site owner has cancelled or not paid for the Service in accordance with the agreement(s) or order form(s) between the web site owner and Hosting Company, or (b) upon 30 days notice of termination by Subscriber. All amounts due from Subscriber must be paid prior to termination of the Service. GeoTrust shall not be obliged to retain any information provided by Subscriber after termination.

  7. Software License and Rights: During the term of this Agreement, GeoTrust grants Subscriber a non-transferable, nonexclusive license to use the Software, in object code form only, for its internal needs, and solely in conjunction with the Services. Subscriber agrees that it will not, directly or indirectly, copy the Software except as is necessary to install on Subscriber's web site. Subscriber agrees it will not (a) reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; (b) sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; or (c) write or develop any derivative or other software programs based in whole or in part upon the Software.

  8. Service Interruptions; System Damage. Subscriber agrees that GeoTrust shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service. Subscriber understands and agrees that occasional temporary interruptions of the Service may occur as normal events in the provision of the Service via the Internet. Subscriber agrees that GeoTrust shall not be liable for any computer virus or security breach, including computer hacking or denial of service attack, that results in damage, destruction, alteration, or corruption of data on systems. GeoTrust agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will GeoTrust be held liable for any financial or other damages due to such interruptions. In no event shall GeoTrust be liable to Subscriber or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

  9. Governing Law and Dispute Resolution Procedures. The enforceability, construction, interpretation, and validity of this Agreement and any resolution of any dispute concerning the Service shall be governed by the substantive laws of the Commonwealth of Massachusetts, United States of America, excluding (i) the conflicts of law provisions thereof and (ii) the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising under, in connection with or relating to this Agreement or the Service shall be subject to and settled finally by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA). All arbitration proceedings shall be held in Boston, Massachusetts, USA. There shall be one arbitrator appointed by the AAA who shall exhibit a reasonable familiarity with the issues involved or presented in such dispute, controversy or claim. The award of the arbitrator shall be binding and final upon all parties, and judgment on the award may be entered by any court having proper jurisdiction thereof. In any arbitration arising hereunder, each party to the preceding shall be responsible for its own costs incurred in connection with the arbitration proceedings.

  10. Independent Contractor. The relationship of GeoTrust and Subscriber under this Agreement is that of independent contractors and not partners, joint venturers, or co-owners as participants. Neither party has authority to contract for or bind the other.

  11. Notices. Any notices between the parties shall be in physical or electronic writing. The parties shall send all notices by e-mail or first class mail, postage prepaid. Notices shall be effective upon receipt. GeoTrust shall send notices to Subscriber at the e-mail and/or physical address provided in the enrollment form. Subscriber shall send notices in writing to the following address: GeoTrust True Site Notices, 40 Washington Street, Suite 20, Wellesley Hills, MA 02481 USA. GeoTrust may change its address for notice by means of posting its new address under 'Contact Us' at http://www.geotrust.com.

  12. Assignment. Subscriber may not assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be void and a default of this Agreement.

  13. No Other Rights. By virtue of this Agreement, Subscriber does not acquire any right, title or interest of any kind in or to any trademark, trade name, service mark, logo, patent, copyright, or other proprietary right of GeoTrust.

  14. Compliance With Laws and Regulations. Subscriber acknowledges and agrees to use the Service in compliance with all applicable laws and regulations, including without limitation U.S. export laws and regulations. GeoTrust may refuse to provide the Service if in the reasonable opinion of GeoTrust such issuance or the continued use of the Service would violate applicable laws and regulations.

  15. Limitation of Liability. GeoTrust's and Delegated Certificate Provider’s liability (including, for purposes of this paragraph only, any of it employees, agents, or representatives), to Subscriber (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or the provision of the Service (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Subscriber to GeoTrust or Delegated Certificate Provider under this Agreement within one year preceding the date Subscriber contends its claim arose. In no event shall GeoTrust or Delegated Certificate Provider be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if GeoTrust and/or Delegated Certificate Provider have been advised of, or is aware of, the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to Subscriber but shall be given effect to the full extent permitted by law.

  16. Disclaimer of Warranties. GeoTrust and the Delegated Certificate Provider specifically disclaim all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by GeoTrust, or information on GeoTrust's web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

  17. Indemnification. Subscriber hereby agrees to indemnify and hold GeoTrust and Delegated Certificate Provider and their officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys' fees) arising out of or related to Subscriber's use of the Service.

  18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between Subscriber and GeoTrust with respect to the application for, acceptance of, and use of the true site services and supersedes any proposal or prior agreement, oral or written, and any other communications relating to this Agreement.

[v. 4.1 11.5.02]

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