SSL Service Terms and Conditions
These SSL Service Terms and Conditions ("SSL Terms") are provided to you, the user, together with any company or other business entity you are representing, if any (collectively, "You") under the terms and conditions of the Merchant User Agreement and the ProStores Inc. ("ProStores").
The Secure Sockets Layer (SSL) services offered under these SSL Terms is an "Additional Service" as provided under Sections 2.5 ("Additional Features") of the Merchant User Agreement.
You agree to be bound by these SSL Terms, any amendments to these SSL Terms or to such terms and conditions as are incorporated herein by reference. All amended terms shall automatically be effective thirty (30) days after they are initially posted on the ProStores Site.
1. Domain Registration Services
1.1 SSL Services.
SSL enterprise and certificate services provided by ProStores to You includes assisting You in acquiring a new SSL certificate(s) and its associated products and services, including without limitation, providing assistance in implementing certificate instances, issuance of encryption keys and access to certain software to facilitate said actions (together, the "SSL Service").
1.2 New Domain Name Registrations.
The following terms apply to the SSL Service
(a) You acknowledge and agree that ProStores cannot guarantee the issuance of an SSL certificate following your submission of an application therefor. Issuance of an SSL certificate is subject to verification of and approval of the information you submitted. This verification may, in some instances, take several business days.
(b) ProStores utilizes a third party service provider, Affinity Internet Inc ("Affinity") to provide SSL certificate services. Affinity, in turn, is an authorized reseller for Thawte Consulting (Pty) Ltd, a subsidiary of VeriSign Inc. ("thawte"). You hereby authorize ProStores to remit Your submitted SSL certificate application, including all the information included therein, and acquire an SSL certificate through the use of Affinity or such other third party service provider as ProStores deems necessary or appropriate. In order to have an SSL certificate issued, You must agree to thawte's terms and conditions, as amended. You understand and agree that You are entering into and agreeing to a separate contractual relationship between You and thawte in addition to these SSL Terms. In order to provide an enhanced customer experience and as a convenience to You, ProStores will pay on Your behalf the SSL certificate/renewal fees as part of the SSL Service; provided that (i) these SSL Terms have not been cancelled or otherwise terminated (ii) You have paid any amounts due under these SSL Terms, and (iii) You are not in breach of the Merchant User Agreement or these SSL Terms and that thawte agrees to and accepts Your SSL certificate application/renewal fees. Notwithstanding the immediately forgoing sentence, You expressly acknowledge and agree that You shall be responsible for all fees, liability and obligations in connection with Your relationship with thawte.
(c) You authorize ProStores and/or Affinity to list itself as a contact in connection with SSL certificate and to take any actions ProStores deems necessary or appropriate in connection therewith. Upon termination of SSL Services, ProStores may immediately cease acting in such capacity and reserves the right to transfer Your account to Affinity and/or thawte to serve as for all future communications in connection with Your SSL certificate. You further authorize ProStores to list You as the subscriber and certificate administrator in connection with SSL certificate. You may also specify another subscriber and certificate administrator; however, such person(s) may be required to enter into a separate agreement with thawte for use of SSL certificate services and/or access for services in support of Your SSL certificate. Upon termination of SSL Services, ProStores will not be responsible for forwarding any notices (email or otherwise) to You or for taking any other actions in connection with Your SSL certificate. You will be solely responsible for all ongoing fees, as well as taking all necessary or advisable actions in connection you're your SSL certificate.
1.4 Automatic Renewals.
If You purchased a new SSL certificate using ProStores' SSL Service, ProStores will automatically renew and bill You for the SSL certificate registration in accordance with Section 2 (Fees) below and the Fees Policy. Each new SSL certificate acquired through ProStores will be renewed prior to each annual anniversary (with multi-year certificates renewed prior to the expiration of the last year and for a period of equal length). Failure to remit Fees in accordance with Section 2 and the Fees Policy, may risk the non-renewal of Your SSL certificate. Your SSL certificate will be renewed with thawte only after the annual or multi-year domain registration fee is successfully charged to Your credit card or payment transmitter in a timely manner.
2. Fees.
Fees applicable to the SSL Services are set out in the Fees Policy. All Fees will be automatically be charged to Your account in accordance with the Fees Policy. Fees will be charged yearly and in advance (with multi-year domains renewed prior to the expiration of the last year and for a period of equal length). ProStores may alter its fees, but will provide notice via email. ProStores will automatically bill Your credit card or payment transmitter through Your ProStores account for fees until You cancel Your SSL Service via the administrative module. All payments for the Service are non-refundable and may not be credited back.
3. Verification of Information.
(a) You are solely responsible for maintaining all information relating to Your use of Your SSL certificate up to date with thawte. Further, in accordance with the terms and conditions in Your agreement with thawte and in order to maintain a safe ecommerce presence, ProStores may from time to time request that You verify any information to be supplied to thawte. In the event that You fail to respond to any such request or fail to verify any such information within 15 days of request, ProStores may, in its sole and absolute discretion, immediately terminate Your SSL Services. This remedy is in addition to any other remedies available under law or the Agreement.
(b) You shall protect the confidentiality of any encryption keys used by You in connection with Your SSL certificate. Further, You shall promptly request that thawte revoke any SSL certificate upon any actual or suspected loss, disclosure, or other compromise of Your encryption keys or breach of the SSL certificate.
4. Disclaimer of Warranty, Indemnification and Limitation of Liability.
In addition to the provisions in the Agreement, You agree to the following:
(a) Disclaimer of Warranty. PROSTORES, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SSL SERVICES AND ANY ADDITIONAL SOFTWARE, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. PROSTORES, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE ADDITIONAL SOFTWARE, OR SSL SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 4(A) IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
(b) Limitation of Liability. IN NO EVENT SHALL PROSTORES, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ADDITIONAL SOFTWARE, THE SSL SERVICES OR THESE DOMAIN TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). PROSTORES', ITS SUPPLIERS', AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PROSTORES FOR THE SSL SERVICES IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, AND (B) ONE HUNDRED U.S. DOLLARS (U.S. $100). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
(c) Indemnification. You agree to indemnify and hold ProStores, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) Your use of the SSL Service, (b) any breach of these SSL Terms or the documents it incorporates by reference, or (c) any violation by You or users of services You offer through Your SSL certificate, of any laws, regulations or rights of others, (d) failure to disclose a material fact on the SSL certificate application if the misrepresentation or omission was made negligently or with intent to deceive any party, or (e) failure to protect the private encryption key, or use a trustworthy system, or to take the precautions necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of the private encryption key for an SSL certificate. ProStores', its suppliers' and service providers' indemnity rights shall not be limited or offset by any contributory negligence by ProStores.
5. Term and Termination
(a) You may terminate the SSL Service at any time through the administrative module for Your account with ProStores. No refunds or credits of initial or renewal fees will be issued in the event that You terminate Your SSL Service. Also, please note that terminating Your SSL Services does not terminate other services You may be purchasing from ProStores; You may be required to take additional actions to terminate Your hosting and other services with ProStores.
(b) Your SSL certificate may only be transferred, if allowed, under the terms and conditions of Your agreement with thawte.
(c) ProStores may, but has no duty to, immediately suspend or terminate Your use of the SSL Service and remove any of Your materials (including without limitation Your SSL certificate) from the ProStores servers in the event that ProStores, in its sole discretion, concludes that (a) there is any change to the information on the SSL certificate or the certificate application, including but not limited to the change of the organization name or domain name registration, (b) there is any actual, or ProStore reasonably suspects, loss, disclosure, or other compromise of an encryption key for the SSL certificate, (c) You have engaged in illegal activities, in activities or sales that may damage the rights of ProStores or others, (d) have violated or threatened to violate these SSL Terms, the terms of the Agreement or any other agreement You may have with ProStores. Any suspension or termination under this paragraph may take effect immediately. In the event that ProStores terminates Your SSL Service in connection with this paragraph, You will not be entitled to a refund or credit of any fees You have paid. Without limitation, You expressly acknowledge and agree that in addition to this Section 5, the terms and conditions in Section 12 (Suspension and Termination) of the Merchant User Agreement also apply to Your use of the SSL Services.