Authentic Networks

Geo Trust Terms

QUICKSSL(tm) SUBSCRIBER AGREEMENT
Please read the following agreement carefully. By submitting an application to obtain a QuickSSL(tm) Certificate and accepting and using such certificate, you indicate the acceptance of the following terms and conditions and you agree to be bound by them.

This GeoTrust QuickSSL(tm) Web Server Certificate Subscriber Agreement (this "Agreement") is made by and between GeoTrust Inc. ("GeoTrust") and you, a certificate applicant and governs your application for, issuance and use of a GeoTrust QuickSSL Web Server Certificate. By accepting this Agreement, you represent that you have express authority to apply for and accept the Agreement on behalf of either (i) the organization named on the enrollment form ("Subscriber"), or (ii) an internet service provider, hosting company, or GeoTrust reseller ("Partner") who has express authority from the organization to apply for and accept the Agreement on such organization's behalf. To the extent that Partner performs any obligations on behalf of the organization, the term "Subscriber" shall also apply to Partner. Both the organization and the Partner agree to be bound by the terms of this Agreement.

Subscriber hereby represents that it is fully authorized to apply for a GeoTrust QuickSSL web server certificate for secure and authenticated electronic transactions. The Subscriber understands that a digital certificate serves to identify the Subscriber for the purposes of electronic commerce, and that the management of the private keys associated with such certificates is the responsibility of the Subscriber and/or its contractors.

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:

_ Definitions

For the purposes of this Agreement, all capitalized terms used in this Agreement shall have the meaning ascribed to them in this Section 1 and elsewhere in this Agreement.

"Certificate" means a record that, at a minimum (a) identifies the Certification Authority issuing it, (b) names or otherwise identifies its Subscriber; (c) contains a Public Key that corresponds to a Private Key under the control of the Subscriber, (d) identifies its operational period, and (e) contains a Certificate serial number and is Digitally Signed by the issuing Certification Authority.

"Certification Authority" means an entity which issues Certificates and performs all of the functions associated with issuing such Certificates.

"CSR" or "Certificate Signing Request" means a text file submitted with your enrollment form which contains the organization name, domain name, division, country, state, city and your Public Key and is used by GeoTrust to generate your Certificate.

"Digital Signature" means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's Public Key can accurately determine whether the transformation was created using the Private Key that corresponds to the signer's Public Key and whether the message has been altered since the transformation was made.

"Digitally Signed" means the application of a Digital Signature to electronic data.

"Key Pair" means two mathematically related keys, having the following properties: (a) one key can be used to encrypt a message that can only be decrypted using the other key, and (b) even knowing one key, it is computationally infeasible to discover the other key.

"Public Key" means the key of a Key Pair used to verify a Digital Signature. The Public Key is made freely available to anyone who will receive digitally signed messages from the holder of the Key Pair. The Public Key is usually provided via a Certificate issued by a Certification Authority. A Public Key is used to verify the digital signature of a message purportedly sent by the holder of the corresponding Private Key.

"Private Key" means the key of a Key Pair used to create a Digital Signature. This key must be kept private.

"Subscriber" means a person or entity who (a) is the subject named or identified in a Certificate issued to such person or entity, (b) holds a Private Key that corresponds to a Public Key listed in that Certificate, and (c) the person or entity to whom Digitally Signed messages verified by reference to such Certificate are to be attributed.

"Trustworthy System" means computer hardware, software, and procedures that (a) are reasonably secure from intrusion and misuse, (b) provide a reasonable level of availability, reliability, and correct operation, (c) are reasonably suited to performing their intended functions, and (d) adhere to generally accepted security procedures.

_ Subscriber Obligations

In addition to complying with the terms of the QuickSSL Certificate Practices Statement ("CPS") which are incorporated by reference into this Agreement, Subscriber shall comply with each of the following obligations: (a) provide information on the Certificate application that is correct and accurate, (b) generate a Key Pair using a Trustworthy System; (c) use the Certificate exclusively for authorized and legal Public and Private Key operations consistent with this Agreement; (d) protect the confidentiality of the Private Key from unauthorized use, access or disclosure; (e) use the Certificate only in conjunction with properly licensed cryptographic software, (f) promptly request that GeoTrust revoke the Certificate upon any change to the information on the Certificate or the Certificate application, including, but not limited to the change of the organization name or domain name registration of Subscriber, (g) promptly request that GeoTrust revoke the Certificate upon any actual or suspected loss, disclosure, or other compromise of the Private Key, and (h) install the Certificate on no more than one server at a time. Any failure of Subscriber to comply with each of the obligations under this Section 2 shall be a material breach of the Agreement. Subscriber acknowledges the inherent possibility of the compromise of Subscriber's and/or another Subscriber's Private Key, which may or may not be detected, and the possible use of a stolen or compromised Private Key to forge Subscriber's or another Subscriber's Digital Signature.

_ GeoTrust Services

Under this Agreement, GeoTrust is a Certification Authority. GeoTrust shall only issue a Certificate upon authenticating and validating the application and enrollment information of Subscriber according to the CPS as may be amended from time to time by GeoTrust. The CPS is available for viewing at: http://www.geotrust.com/resources. GeoTrust, in its sole discretion, may refuse to issue a Certificate to any Subscriber. GeoTrust shall, consistent with this Agreement and CPS, and to the extent necessary or applicable, (a) receive and process the Certificate application, (b) send an acknowledgment to Subscriber of either the approval or rejection of the Certificate application, (c) if the Certificate application is approved, issue a Certificate, (d) publish the Certificate, (e) process all requests for Certificate revocation upon the receipt of an authenticated request from Subscriber, and (f) perform its other duties under the CPS. GeoTrust shall have the right to revoke a Certificate upon (a) any change to the information on the Certificate or the Certificate application, including, but not limited to the change of the organization name or domain name registration of Subscriber or (b) any actual or suspected loss, disclosure, or other compromise of Subscriber's Private Key. Upon request, GeoTrust shall use reasonable efforts to provide to all requesting parties, including entities or persons using or relying on a Certificate, information concerning the status of such Certificate.

_ Fees

Subscriber shall pay to GeoTrust or Partner (as applicable) the fees associated with the issuance of the Certificate upon the application therefor.

_ Confidentiality

GeoTrust and Subscriber agree that certain information contained in the enrollment form may be confidential and proprietary information of the disclosing party (collectively "Confidential Information") and agree to use such Confidential Information only in connection with its obligations hereunder or as permitted in the CPS. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information that does not rise to the level of a trade secret. Notwithstanding the above, Subscriber hereby acknowledges and agrees that GeoTrust (a) may publish certain information provided by Subscriber in the CSR in order to establish or update a unique business identification number profile; (b) may publish or otherwise disclose the serial number and other information contained on the Certificate in connection with GeoTrust's dissemination of Certificate status information; and (c) may collect information regarding the use of Certificates and disclose such information in its aggregated form.

_ Term and Termination

. Term

The term of this Agreement shall begin on the date the Certificate application is submitted to GeoTrust and shall terminate immediately upon the earlier of (a) the end of the Certificate's stated validity period, (b) the revocation of the Certificate, (c) the rejection of the Certificate application, (d) 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 (e) receipt of notice by GeoTrust from Subscriber of its intent to terminate this Agreement.
. Effect of Termination

Upon the termination of this Agreement for any reason, GeoTrust shall revoke the Certificate. Upon the revocation of the Certificate for any reason, Subscriber shall have no right in and shall not use the Certificate in any manner. Notwithstanding the foregoing, any use of the Certificate prior to the revocation of the Certificate or termination of this Agreement shall not be affected thereby.
. No Damages or Indemnification for Termination

Neither party shall be liable to the other party for any costs or damages of any kind, including direct, indirect, incidental special, multiple, punitive, exemplary or consequential damages, or for indemnification of the party, solely on account of the lawful termination of this Agreement, even if informed of the possibility of such damages.

_ Disclaimer of Warranties

GEOTRUST AND PARTNER EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THE SERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICES OR CERTIFICATE, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GEOTRUST AND PARTNER FURTHER DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST OR PARTNER, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR (C) THAT THE INFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY GEOTRUST, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE.

_ Disclaimer of Damages and Limitations of Liability

In no event shall GeoTrust or Partner be liable for any default or delay in the performance of its obligations hereunder to the extent and while such default or delay is caused, directly or indirectly, by electronic or communications failures fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions in the United States, strikes, lockouts, or labor difficulties or any other similar cause beyond the reasonable control of GeoTrust. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF GEOTRUST OR PARTNER TO SUBSCRIBER OR ANY THIRD PARTY FOR ALL CLAIMS RELATED TO THE USE OF OR RELIANCE ON A CERTIFICATE OR FOR THE SERVICES PROVIDED HEREUNDER INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY EXCEED THE AMOUNTS PAID BY SUBSCRIBER TO GEOTRUST OR PARTNER UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL GEOTRUST OR PARTNER BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED 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.

_ Indemnification

The Subscriber hereby agrees to indemnify and hold GeoTrust and Partner 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 Certificate.

_ 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 Certificate application. Subscriber shall send notices in writing to the following address: GeoTrust QuickSSL Notices, 40 Washington Street, Suite 20, Wellesley Hills, MA 02481 USA.

_ 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.

_ Miscellaneous

Any controversy or claim arising out of or relating to this Agreement or the breach thereof will be settled by arbitration in Boston, Massachusetts, before and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award rendered in that arbitration will be binding on the parties hereto, and judgment upon the award can be entered by any court having jurisdiction thereof. This Agreement shall be governed and interpreted according to the internal laws of the Commonwealth of Massachusetts, excluding choice of law provisions. For all disputes arising out of or related to this Agreement not covered by the Arbitration provision above, the parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, United States of America. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement is sought. Notwithstanding termination of this Agreement, the following paragraphs shall survive, along with all definitions required thereby: Paragraphs 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, and 12. This Agreement shall not be assigned by Subscriber without prior written consent of GeoTrust, and any attempt to assign any rights, duties, or obligations, which arise under this Agreement without such consent will be void. If any provision of this Agreement (or any portion thereof) shall be held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby. GeoTrust is not an agent, fiduciary, trustee, or other representative of Subscriber and the relationship between GeoTrust and Subscriber is not that of an agent and a principal. Subscriber does not have any authority to bind GeoTrust by contract or otherwise, to any obligation. This Agreement constitutes the complete and exclusive statement of the agreement between the Subscriber and GeoTrust with respect to the application for, acceptance of, and use of a certificate and supersedes any proposal or prior agreement, oral or written, and any other communications relating to this Agreement.

_ QUICKSSL PREMIUM(tm) SUBSCRIBER AGREEMENT
Please read the following agreement carefully. By submitting an application to obtain a QuickSSL Premium(tm) Certificate and accepting and using such certificate, you indicate the acceptance of the following terms and conditions and you agree to be bound by them.

This GeoTrust QuickSSL Premium(tm) Web Server Certificate Subscriber Agreement (this "Agreement") is made by and between GeoTrust Inc. ("GeoTrust") and you, a certificate applicant and governs your application for, issuance and use of a GeoTrust QuickSSL Premium Web Server Certificate. By accepting this Agreement, you represent that you have express authority to apply for and accept the Agreement on behalf of either (i) the organization named on the enrollment form ("Subscriber"), or (ii) an internet service provider, hosting company, or GeoTrust reseller ("Partner") who has express authority from the organization to apply for and accept the Agreement on such organization's behalf. To the extent that Partner performs any obligations on behalf of the organization, the term "Subscriber" shall also apply to Partner. Both the organization and the Partner agree to be bound by the terms of this Agreement.

Subscriber hereby represents that it is fully authorized to apply for a GeoTrust QuickSSL Premium web server certificate for secure and authenticated electronic transactions. The Subscriber understands that a digital certificate serves to identify the Subscriber for the purposes of electronic commerce, and that the management of the private keys associated with such certificates is the responsibility of the Subscriber and/or its contractors.

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:

_ Definitions

In addition to complying with the terms of the QuickSSL Premium Certificate Practices Statement ("CPS") which are incorporated by reference into this Agreement, Subscriber shall comply with each of the following obligations: (a) provide information on the Certificate application that is correct and accurate, (b) generate a Key Pair using a Trustworthy System; (c) use the Certificate exclusively for authorized and legal Public and Private Key operations consistent with this Agreement; (d) protect the confidentiality of the Private Key from unauthorized use, access or disclosure; (e) use the Certificate only in conjunction with properly licensed cryptographic software, (f) promptly request that GeoTrust revoke the Certificate upon any change to the information on the Certificate or the Certificate application, including, but not limited to the change of the organization name or domain name registration of Subscriber, (g) promptly request that GeoTrust revoke the Certificate upon any actual or suspected loss, disclosure, or other compromise of the Private Key, and (h) install the Certificate on no more than one server at a time. Any failure of Subscriber to comply with each of the obligations under this Section 2 shall be a material breach of the Agreement. Subscriber acknowledges the inherent possibility of the compromise of Subscriber's and/or another Subscriber's Private Key, which may or may not be detected, and the possible use of a stolen or compromised Private Key to forge Subscriber's or another Subscriber's Digital Signature.

_ GeoTrust Services

Subscriber shall pay to GeoTrust or Partner (as applicable) the fees associated with the issuance of the Certificate upon the application therefor.

_ Confidentiality

. Term

. Disclaimer of Warranties

GEOTRUST AND PARTNER EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THE SERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICES OR CERTIFICATE, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GEOTRUST AND PARTNER FURTHER DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST OR PARTNER, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR (C) THAT THE INFORMATION CONTAINED IN THE CERTIFICATE OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY GEOTRUST, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE.

_ Disclaimer of Damages and Limitations of Liability

The Subscriber hereby agrees to indemnify and hold GeoTrust and Partner and their respective 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 Certificate.

_ 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 Certificate application. Subscriber shall send notices in writing to the following address: GeoTrust QuickSSL Premium Notices, 40 Washington Street, Suite 20, Wellesley Hills, MA 02481 USA.

_ No Other Rights

_ TRUE BUSINESS ID(tm) SUBSCRIBER AGREEMENT
This GeoTrust True BusinessID(tm) SSL Server Certificate Subscriber Agreement (this "Agreement") is made by and between GeoTrust, Inc. ("GeoTrust") and you, a Certificate applicant, and governs your application for, issuance and use of a GeoTrust True BusinessID SSL Server Certificate, including Certificates sold through GeoTrust's Enterprise SSL service (the "Certificate"). By accepting this Agreement, you represent that you have express authority to apply for and accept the Agreement on behalf of either (i) the organization named on the enrollment form ("Subscriber"), or (ii) an internet service provider, hosting company, or GeoTrust reseller ("Partner") who has express authority from the organization to apply for and accept the Agreement on such organization's behalf. To the extent that Partner performs any obligations on behalf of the organization, the term "Subscriber" shall also apply to Partner. Both the organization and the Partner agree to be bound by the terms of this Agreement.

By submitting an enrollment form for a Certificate and accepting and using the Certificate, you indicate the acceptance of the following terms and conditions and you agree to be bound by them.

_ Definitions
"Certificate Administrator" means an individual designated by the Subscriber to submit Subscriber domain names for vetting by GeoTrust and to approve the issuance of Certificates for the vetted domain names on behalf of Subscriber as part of GeoTrust's Enterprise SSL(tm) service.

"Certification Authority" means an entity which issues Certificates and performs all of the functions associated with issuing such Certificates.

"Key Pair" means two mathematically related keys, having the following properties: (a) one key can be used to encrypt a message that can only be decrypted using the other key, and (b) even knowing one key, it is computationally infeasible to discover the other key.

"Public Key" means the key of a Key Pair used to verify a digital signature. The Public Key is made freely available to anyone who will receive digitally signed messages from the holder of the Key Pair. The Public Key is usually provided via a certificate issued by a Certification Authority. A Public Key is used to verify the digital signature of a message purportedly sent by the holder of the corresponding Private Key.

"Private Key" means the key of a Key Pair used to create a digital signature. This key must be kept private.

_ Subscriber Obligations

In addition to complying with the the True BusinessID Certification Practice Statement ("CPS") located at http://www.geotrust.com/resources and incorporated by reference into this Agreement, Subscriber shall comply with each of the following obligations: (a) provide information on the enrollment form that is correct and accurate, (b) generate a Key Pair using industry best practices; (c) use the Certificate exclusively for authorized and legal Public and Private Key operations consistent with this Agreement; (d) protect the confidentiality of the Private Key from unauthorized use, access or disclosure; (e) use the Certificate only in conjunction with properly licensed cryptographic software, (f) promptly request that GeoTrust revoke the Certificate upon any change to the information on the Certificate or the enrollment form, including, but not limited to the change of the organization name or domain name registration of Subscriber, (g) promptly request that GeoTrust revoke the Certificate upon any actual or suspected loss, disclosure, or other compromise of the Private Key, and (h) install the Certificate on no more than one server at a time (unless Subscriber has purchased additional licenses). Any failure of Subscriber to comply with the obligations under this Section 2 shall be a material breach of the Agreement.

_ GeoTrust Services

Under this Agreement, GeoTrust is a Certification Authority. GeoTrust shall only issue a Certificate upon authenticating and validating the enrollment information of Subscriber according to the CPS, as may be amended from time to time by GeoTrust. GeoTrust, in its sole discretion, may refuse to issue a Certificate to Subscriber. GeoTrust shall, consistent with this Agreement and CPS, and to the extent necessary or applicable, (a) receive and process the enrollment form, (b) send an acknowledgment to Subscriber of either the approval or rejection of the enrollment form, (c) if the is approved, issue a Certificate, (d) publish the Certificate, (e) process all requests for Certificate revocation upon the receipt of an authenticated request from Subscriber, and (f) perform its other duties under the CPS.

GeoTrust shall have the right to revoke a Certificate upon (a) any change to the information on the Certificate or the Certificate application, including, but not limited to the change of the organization name or domain name registration of Subscriber or (b) any actual or suspected loss, disclosure, or other compromise of Subscriber's Private Key. Upon request, GeoTrust shall use reasonable efforts to provide to all requesting parties, including entities or persons using or relying on a Certificate, information concerning the status of such Certificate.

_ Fees

Subscriber shall pay to GeoTrust or Partner (as applicable) the fees associated with the issuance of the Certificate upon the application therefor.

_ Subscriber Information

Except as provided herein, information regarding Subscriber that is submitted on the enrollment form will be kept confidential by GeoTrust and GeoTrust shall not release such information without the prior consent of the Subscriber. Notwithstanding the foregoing, GeoTrust may make such information available to (a) courts, law enforcement agencies or other third parties (including release in response to civil discovery) upon receipt of a court order or subpoena or upon the advice of GeoTrust's legal counsel, (b) law enforcement officials and others for the purpose of investigating suspected fraud, misrepresentation, unauthorized access, or potential illegal activity by the Subscriber as determined in the reasonable judgment of GeoTrust, or (c) to Subscriber or others upon request submitted by the Subscriber in a form satisfactory to GeoTrust. In addition, the foregoing confidentiality obligation shall not apply to information appearing on Certificates, information relating to Certificate revocation, or to information regarding Subscribers that is already in the possession of or separately acquired by GeoTrust. Notwithstanding the above, Subscriber hereby acknowledges and agrees that GeoTrust (a) may publish or otherwise disclose the serial number and other information contained on the Certificate in connection with GeoTrust's dissemination of Certificate status information; and (b) may collect information regarding the use of Certificates and disclose such information in its aggregated form.

_ Term and Termination

. Termination

The term of this Agreement shall begin on the date the enrollment form is submitted to GeoTrust and shall terminate immediately upon the earlier of (a) the end of the Certificate's stated validity period, (b) the revocation of the Certificate, (c) the rejection of the enrollment form, or (d) 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.
. Effect of Termination

_ Disclaimer of Warranties

Subscriber acknowledges the inherent possibility of the compromise of Subscriber's Private Key, which may or may not be detected, and the possible use of a stolen or compromised Private Key to forge Subscriber's digital signature. GEOTRUST AND PARTNER EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THE SERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICES OR CERTIFICATE, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GEOTRUST AND PARTNER FURTHER DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST OR PARTNER, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR (C) THAT THE INFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY GEOTRUST, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE.

_ Disclaimer of Damages and Limitations of Liability

IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF GEOTRUST OR PARTNER TO SUBSCRIBER OR ANY THIRD PARTY FOR ALL CLAIMS RELATED TO THE USE OF OR RELIANCE ON A CERTIFICATE OR FOR THE SERVICES PROVIDED HEREUNDER INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION MADE IN CONTRACT, TORT OR STRICT LIABILITY EXCEED THE AMOUNTS PAID BY SUBSCRIBER TO GEOTRUST OR PARTNER UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL GEOTRUST OR PARTNER BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUBSCRIBER HAS BEEN ADVISED 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.

_ Indemnification

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 BusinessID Notices, 40 Washington Street, Suite 20, Wellesley Hills, MA 02481 USA.

_ No Other Rights

In no event shall GeoTrust be liable for any default or delay in the performance of its obligations hereunder to the extent and while such default or delay is caused, directly or indirectly, by electronic or communications failures fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions in the United States, strikes, lockouts, or labor difficulties or any other similar cause beyond the reasonable control of GeoTrust.

_ Miscellaneous

Any controversy or claim arising out of or relating to this Agreement or the breach thereof will be settled by arbitration in Boston, Massachusetts, before and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award rendered in that arbitration will be binding on the parties hereto, and judgment upon the award can be entered by any court having jurisdiction thereof. This Agreement shall be governed and interpreted according to the internal laws of the Commonwealth of Massachusetts, excluding choice of law provisions. For all disputes arising out of or related to this Agreement not covered by the arbitration provision above, the parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, United States of America. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement is sought. Notwithstanding termination of this Agreement, the following paragraphs shall survive, along with all definitions required thereby: Paragraphs 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, and 12. This Agreement shall not be assigned by Subscriber without prior written consent of GeoTrust, and any attempt to assign any rights, duties, or obligations under this Agreement without such consent will be void. If any provision of this Agreement (or any portion thereof) shall be held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby. GeoTrust is not an agent, fiduciary, trustee, or other representative of Subscriber and the relationship between GeoTrust and Subscriber is not that of an agent and a principal. Subscriber does not have any authority to bind GeoTrust by contract or otherwise, to any obligation. This Agreement constitutes the complete and exclusive statement of the agreement between the subscriber and GeoTrust with respect to the application for, acceptance of, and use of the Certificate and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the Certificate.

_ E-mail service Defense TOS

In consideration of the mutual promises herein, the receipt and sufficiency of which are hereby acknowledged, th parties agree as follows:

_ TERMS OF SERVICE

Authentic Networks Inc. (“Service Provider”) provides its email services to the end user (“you”, “your”), subject to the terms of service set out in this agreement ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://authenticnetworks.com In addition, when using particular Service Provider services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

_ DESCRIPTION OF SERVICE

. Your payment obligations with regard to the Service are as set out in your subscription application.

. Service Provider currently provides users with access to the email service with the functionality described in your subscription application (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that neither Service Provider nor its suppliers assume responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store or accurately store, any user communications, addresses or personalization settings.

. You are responsible for obtaining access to the Service and that access may involve fees to Service Provider or third party fees (such as Internet service provider or airtime charges).

. You must provide and are responsible for all equipment necessary to access the Service.

_ CERTAIN SUBSCRIPTION OBLIGATIONS

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's subscription form ("Subscription Data"); and (b) promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Service Provider or its suppliers have reasonable grounds to suspect this, Service Provider or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), including any transition rights.

Service Provider is concerned about the safety and privacy of all its users, particularly minors. For this reason, if you wish to allow anyone else access to the Service, you should assist them in setting up any relevant accounts and supervise their access to the Service. Allowing anyone access, means s/he will be able to access all components of the Service. As the subscriber, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below), which may be delivered to you, are appropriate for any person to whom you allow access.

_ SERVICE PROVIDER PRIVACY POLICY

Subscription Data and certain other information about you is subject to our Privacy Policy attached as Exhibit 1.

_ MEMBER ACCOUNT, PASSWORD AND SECURITY

You may receive a password and account designation upon completing the Service's subscription process. You are responsible for maintaining their confidentiality, and for all activities that occur under your password or account. You agree to (a) immediately notify Service Provider of any unauthorized use of your password or account or any other breach of security, and (if applicable); and (b) exit from your account at the end of each session. Service Provider, and its suppliers, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

_ MEMBER CONDUCT

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the Service, by you or others using your account are your responsibility. You, and not Service Provider, are entirely responsible for all Content that you, or others to whom you provide access, send, post, or otherwise make available via the Service. Service Provider does not control the Content made available via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer. By using the Service, you may be exposed to Content that is offensive, indecent or objectionable, including spam, or which may contain viruses, and other destructive elements. Under no circumstances will Service Provider or its suppliers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or viewing of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use (or permit others to use) the Service to:

. send, post, email, transmit or otherwise make available (collectively “send”) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

. harm minors in any way;

. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

. send any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, without limitation, inside information, proprietary and confidential information);

. send any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

. send any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation, or otherwise violate our abuse policy attached as Schedule B;

. send any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

. intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, rules, orders and regulations having the force of law;

. violate applicable laws regarding transmission of technical data exported from the country in which you reside;

. take any action that imposes an unreasonable or disproportionately large load on the Service Provider or its suppliers; or

. "stalk" or otherwise harass another.

You agree Service Provider and its suppliers do not, and Service Provider agrees it, and its suppliers, shall not without cause, pre-screen Content, but shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service, including without limitation any Content that violates the TOS or is otherwise objectionable. You agree to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, and acknowledge that you may not rely on any Content created by, or submitted to, Service Provider.

You agree Service Provider (or its suppliers) may preserve and disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Service Provider, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

_ INDEMNITY

You agree to indemnify and hold Service Provider, and its suppliers, and Service Provider’s and its suppliers’ affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

_ GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE MODIFICATION

You agree that Service Provider or its suppliers: a) may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time; b) have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service; c) reserve the right to log off accounts that are inactive for an extended period of time; d) reserve the right to change these general practices and limits at any time, in its or their sole discretion, with or without notice; e) reserve the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice; f) may supply any or all of the Software or Service on its own behalf, or as a sublicensor or reseller on behalf of a third party supplier, and may substitute such third party suppliers without notice; g) may quarantine suspected messages; h) may modify any domain and user settings with or without notice, including without limitation, altering settings so that spam or bulk email is denied, rather than being quarantined, to avoid space capacity issues which jeopardize the technical or economic viability of the services offered, or the system used to implement the services; i) will not permit open relay(ie third party relay of email messages); shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service which may occur for routine maintenance, routine or extraordinary repairs, or the need to respond to a virus or other attack on the system or using the system.

_ TERMINATION AND SUSPENSION

You agree that Service Provider, in its sole discretion, may (or may instruct its suppliers to), suspend or terminate your password, account (or any part thereof) or use of the Service, remove and discard any Content within the Service, deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, discontinue providing the Service, or any part thereof, with or without notice if Service Provider believes that you have violated or acted inconsistently with the letter or spirit of the TOS, and have not either cured the breach (if curable) or provided a satisfactory undertaking to Service Provider or the applicable authorities, within five (5) business days of receiving a notification of the breach, or for maintenance purposes. Further, you agree that Service Provider shall not be liable to you or any third-party for any termination or suspension of your access to the Service.

_ DEALINGS WITH THIRD PARTIES

Your interaction with third parties, including (without limitation): participation in promotions of, advertisers found on or through the Service, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties, and that Service Provider and its suppliers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the presence of such third parties on the Service.

_ SERVICE PROVIDER'S PROPRIETARY RIGHTS

You agree the Service and any necessary software used in connection with it ("Software" contain proprietary and confidential information protected by applicable intellectual property and other laws, including but not limited to copyright, and trade and service mark protections, and is owned by Service Provider or its suppliers. Service Provider grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided you do not (and do not allow any third party to) reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or Service, copy, modify, rent, lease, loan, sell, distribute, or create derivative works of or based on, the Service or the Software, in whole or in part, or use modified versions of the Software, including (without limitation) to obtain unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces provided by or through Service Provider for use in accessing the Service.

_ DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS

. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

. SERVICE PROVIDER AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED.

. ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.

. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR ITS SUPPLIERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

. YOU acknowledge THAT: a) as Viruses are frequently created and distributed, the antivirus component of the Service is intended to detect only specific known Viruses and some unknown Virus behavior patterns. THERE IS NO WARRANTY that the Service will detect all Viruses present on or sent to your computer system, network or email server; your responsibilities include TO ENSURE you HAVE SUFFICIENT BACK-UP SYSTEMS IN PLACE; AND B) as purveyors of SPAM are constantly seeking to evade systems designed to block BULK Email (also known as SPAM or Junk EMAIL), and as a User may not wish all Bulk Email to be blocked, the Bulk Email component of the Email Service will not detect or block all Bulk Email, and may additionally block email which YOU did not wish to have blocked. THERE IS NO warranty that THE SERVICE will block all Bulk Email, or only block THE Bulk Email YOU DESIRE TO BE BLoCKED.

_ LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICE PROVIDER AND ITS SUPPLIERS, SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF SERVICE PROVIDER OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO A MAXIMUM OF THE FEES YOU HAVE ALREADY PAID TO SERVICE PROVIDER FOR THE MONTH IN WHICH THE EVENT GIVING RISE TO THE LIABILITY OCCURRED.

_ EXCLUSIONS AND LIMITATIONS

Some jurisdictions bar limitation or exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this Agreement may not apply to you.

_ NOTICE

Notices to you may be made via email, fax, courier or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

_ TRADEMARK INFORMATION

Without Service Provider's prior permission, you agree not to display or use in any manner, the Service Provider’s or its suppliers’ trademarks or service marks.

_ GENERAL INFORMATION

Your subscription form (e.g. covering your term, method of payment, price etc.) and this TOS, constitute the entire agreement between you and Service Provider and govern your use of the Service, superseding any prior agreements between you and Service Provider related to email services. Additional terms and conditions may apply when you use other services (such as domain name registration services), third-party content or software. The TOS and the relationship between you and Service Provider shall be governed by the laws of the USA without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the NYC. The failure of Service Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS and schedules are for convenience only and have no legal or contractual effect.

_ Exhibit 1 to EULA – Privacy Policy

Please read the following to learn more about our privacy policy.

_ What this Privacy Policy Covers

. This Privacy Policy covers Service Provider's treatment of personally identifiable information that Service Provider collects when you are on the Service Provider site, register for, or use, the Service, and Service Provider’s review of the Content you send or receive.

. This policy does not apply to the practices of companies that Service Provider does not own or control, or to people that Service Provider does not employ or manage.

_ Information Collection

. Service Provider collects personally identifiable information when you register for a Service Provider account.

Information Sharing and Disclosure

. Except as required by law, Service Provider will not sell or rent your personally identifiable information to anyone without your consent.

·. Service Provider will send personally identifiable information about you to other companies or people when:

. We have your consent to share the information;

. We need to share your information to provide the product or service you have requested;

. We need to send the information to companies who work on behalf of Service Provider to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);

. We respond to subpoenas, court orders or legal process; or

. We find that your actions violate the TOS or any of our usage guidelines for specific products or services.

_ Security

. Your Service Provider Account Information is password-protected for your privacy and security.

. In certain areas Service Provider uses industry-standard SSL-encryption to protect data transmissions.

_ Changes to this Privacy Policy

Service Provider may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.

_ Exhibit 2 to EULA - Abuse Policy

Internet Abuse – Any type of Internet Abuse, including what is commonly referred to as Spam is strictly forbidden.

Internet Abuse includes, but is not limited to the following:

. Sending a unsolicited chain letter or letters that market a product or service;

. Sending any unsolicited emailings exceeding twenty-five (25) email recipients;

. Using the service in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention or discomfort to any person or entity;

. Using the service in violation of the law, in aid of any unlawful act or to interfere with the use and operation of our network.

In the event of Internet Abuse event or complaint, the offending email account will be suspended and the Domain Admin will be notified.

In the event, a second Internet Abuse event or complaint occurs within a period of thirty (30) days, the entire domain will be suspended and the Domain Admin will be notified.

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