The following terms and conditions govern
your use of the GeoTrust.com Web site and other services
which may
be offered from time to time by GeoTrust, Inc. (each feature
individually and collectively referred to as the "Service").
Please read them carefully.
The Service
is offered to you ("You" or
the "User") conditioned on your acceptance, without
modification by You, of the terms, conditions, and notices
contained herein (the "TOS"). The TOS may be modified
from time to time by GeoTrust in its sole discretion, and
You are responsible for keeping informed of these changes.
1.
User Privacy
It is GeoTrust's policy to respect
Your privacy. GeoTrust will not monitor, edit, or disclose
any personal information about You or your use of the Service,
including its contents, without your prior permission unless
GeoTrust has a good faith belief that such action is necessary
to: (1) conform to legal requirements or comply with legal
process; (2) protect and defend the rights or property of
GeoTrust; (3) enforce the TOS; or (4) act to protect the
interests of its Users or others. GeoTrust may provide certain
user information in aggregate form to third parties, including
its advertisers, for demographics and other purposes. In
addition, your Internet Protocol address is transmitted with
each message sent from your account. For more information,
see the GeoTrust Privacy Statement.
2. User Conduct
As a condition of your use of the
Service, You warrant to GeoTrust that You will not use the
Service for any purpose that is unlawful or prohibited by
these terms, conditions, and notices.
The Service is provided
to You for your personal and non-commercial use. You may
not modify,
copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer,
or sell any information, software, products or services
obtained from this Service. Any unauthorized commercial use
of the
Service, or the resale of the Service, is expressly prohibited.
You agree to abide by all applicable local, state, national
and international laws and regulations and are solely responsible
for Your acts or omissions. And GeoTrust reserves the right
at all times to monitor, review, retain and/or disclose
any information as necessary to satisfy any applicable law,
regulation,
legal process, or governmental request.
3. Links To Third
Party Sites
The Links Included
Within The Service May Let You Leave The Service Web Sites
("Linked Sites").
The Linked Sites Are Not Under The Control Of GeoTrust And
GeoTrust Is Not Responsible For The Contents Of Any Linked
Site Or Any Link Contained In A Linked Site, Or Any Changes
Or Updates To Such Sites. GeoTrust Is Not Responsible For
Webcasting Or Any Other Form Of Transmission Received From
Any Linked Site. GeoTrust Is Providing These Links To You
Only As A Convenience, And The Inclusion Of Any Link Does
Not Imply Endorsement By GeoTrust Of The Site Or Any Association
With Their Operators.
4. Disclaimers/Limitation Of Liability
The information and services included
in or available through the Service may include inaccuracies
or typographical errors. Changes are periodically added to
the information herein. GeoTrust and/or its respective suppliers
may make improvements and/or changes in the Service at any
time. GeoTrust does not represent or warrant that the Service
will be uninterrupted or error-free, that defects will be
corrected, or that the Service or the server that makes it
available, are free of viruses or other harmful components.
GeoTrust does not warrant or represent that the use or the
results of the use of the Service or the materials made available
as part of the Service will be correct, accurate, timely,
or otherwise reliable.
You specifically agree that GeoTrust
shall not be responsible for unauthorized access to or
alteration of your transmissions or data, any material or
data sent
or received or not sent or received, or any transactions
entered into through the Service. You specifically agree
that GeoTrust is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct
of any other party or any infringement of another's rights,
including intellectual property rights. You specifically
agree that GeoTrust is not responsible for any content
included in the Service by any third party.
GEOTRUST AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR
ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. GEOTRUST AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
IN NO EVENT SHALL GEOTRUST AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB
SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR
RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF
GEOTRUST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE
AND ITS RELATED WEB SITES.
5. Indemnification
You agree to indemnify and hold GeoTrust,
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising
out of your use of or conduct on the Service.
6. Termination
GeoTrust may terminate your access
to any part or all of the Service and any related service(s)
at any time, with or without cause, with or without notice,
effective immediately, for any reason whatsoever.
7. Participation In Promotions
Of Advertisers
Any dealings with Advertisers on the
Service or participation in promotions, including the delivery
of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you
and the Advertiser or other third party. GeoTrust shall not
be responsible or liable for any part of any such dealings
or promotions.
8. Proprietary Rights To Content
You acknowledge that content, including
but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in either sponsor
advertisements or electronically distributed, commercially
produced information presented to you by the Service, by
GeoTrust, or GeoTrust's Advertisers or other content providers,
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. You may make a copy
of this content for your personal, non-commercial use only,
provided that you keep all copyright and other proprietary
notices intact. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content
available through the Service and its associated Web sites,
including code and software.
9. Modifications To Terms Of Service
GeoTrust reserves the right to change
the TOS or policies regarding the use of the Service at any
time and to notify you by posting an updated version of the
TOS on this Web site. You are responsible for regularly reviewing
the TOS. Continued use of the Service after any such changes
shall constitute your consent to such changes.
10. General
This agreement is governed by the
laws of the State of Massachusetts, and the United States
of America. Use of the Service is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and GeoTrust as
a result of this agreement or use of the Service. GeoTrust's
performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement
is in derogation of GeoTrust's right to comply with governmental,
court and law enforcement requests or requirements relating
to your use of the Service or information provided to or
gathered by GeoTrust with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and GeoTrust with respect
to the Service (excluding the use of any software which may
be subject to an end-user license agreement) and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
GeoTrust with respect to the Service. A printed version of
this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed
form. You and GeoTrust agree that any cause of action arising
out of or related to this Service must commence within one
(1) year after the cause of action arose; otherwise, such
cause of action is permanently barred. The section titles
in the TOS are solely used for the convenience of the parties
and have no legal or contractual significance.
11. Language
It is the express
will of the parties that this agreement and all related
documents have been drawn
up in English. C'est la volonté expresse des parties
que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
Copyright
And Trademark Notices: All contents of the Service are:
Copyright (c) 2001 GeoTrust,
Inc. and/or its suppliers, c/o GeoTrust, Inc., U.S.A. All
rights reserved.
Trademarks. FREESSL, TRUE SITE, BUILDING
TRUST ON THE WEB, GEOTRUST, QUICKSSL, TRUE BUSINESSID,
TRUE CREDENTIALS, TRUE IDENTITY, TRUE RECORD, TRUSTWATCH
and/or
other GeoTrust products and services referenced herein
are either trademarks or registered trademarks of GeoTrust.
The
names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations,
products, people and events depicted herein are fictitious.
No association with any real company, organization, product,
person, or event is intended or should be inferred.
Any rights not expressly granted herein
are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's Designated
Agent. See GeoTrust's Notice of Claimed Copyright Infringement.
V. 2.0 [4.4.02]
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