SSL Certificates Service
By using our website and services You (as defined below) are deemed to have accepted the General Terms and
Conditions (together the "Conditions") which set out the terms under which Infinitium Corporation ("We", "Us", "Our", "the Company" or "Infinitium") will provide Services to You.
You acknowledge that We may amend the Conditions at any time without prior notice and without Your prior consent by posting the amended
terms and conditions on www.infinitium.co
and any new, different or additional features changing the Services will automatically be subject to these
Conditions. We will do our best to inform you on a timely manner about these amendments but we do not warrantee that. As a result, please remember to refer
back to this Terms and Conditions regularly to review any amendments. Your continued use of the Services after any such changes to the Conditions shall
constitute Your acceptance of those changes.
The following terms and conditions ("SSL Certificates Service Terms") are supplemental to the General Terms and Conditions and sets forth the terms and conditions of your use of SSL certificates ("Certificates") and related services ("Services").
In this SSL Certificates Service Terms "you" and "your" refer to you or any agent, employee, servant or person authorized to act on your behalf. This SSL Certificates Service Terms explains our obligations to you, and explains your obligations to us for SSL services offered by Infinitium. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Infinitium service(s) or products or to cancel your Infinitium service(s) (even if we were not notified of such authorization), this terms covers such service or actions. "Supplier(s)", "Our Supplier(s) or "Infinitium Supplier(s)" refers to third parties that provide backoffice systems, services and PKI (Public Key Infraestructures) in order to provide you SSL Certificates Service, including but not limited to Certificate Authorities ("CA(s)") or other third party Suppliers.
1. Description of Certificates
The following applies to GeoTrust True BusinessID, GeoTrust True BusinessID Wildcard, GeoTrust True BusinessID with EV, Comodo InstantSSL, Comodo PremiumSSL, VeriSign Secure Site, VeriSign Secure Site Pro, VeriSign Secure Site with EV, VeriSign Secure Site Pro with EV Certificates only: The Certificate for which you have applied on behalf of your organization is a fully-authenticated certificate. These Certificates are issued to devices to provide authentication; message, software, and content integrity; and confidentiality encryption. Fully-authenticated Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application.The following applies to GeoTrust QuickSSL, QuickSSL Premium, RapidSSL, RapidSSL Wildcard, Comodo PositiveSSL, Comodo PositiveSSL Wildcard Certificates only: The Certificate for which you have applied on behalf of your organization is not a fully-authenticated Certificate. These Certificates are issued to devices to provide validation of the domain; message, software, and content integrity; and confidentiality encryption. These Certificates provide assurances of the validity of the domain and that the domain administrator has authorized the Certificate Application. No organization authentication is performed on the owner of the domain.
2. Use Restrictions
You are prohibited from using your Certificate (i) for or on behalf of any other organization; (ii) to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your Certificate Application; (iii) on more than one physical server or device at a time (unless expressly permitted by the issuer of a Certificate); and (iv) for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage.
As consideration for the Service(s) and renewal of the Service(s) you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, except that we will refund a payment if, before teen (10) days after the Certificate's issuance, you have 1) not used the Certificate and 2) made a written request to Infinitium for the Certificate's revocation.
4. Expiration and Renewal of Service(s)
You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your Certificate is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time.
Infinitium and Infinitium Suppliers retains the right to revoke your Certificate at any time without notice if (i) Infinitium or Infinitium Suppliers discovers that the information within your Certificate is no longer valid; (ii) you fail to perform your obligations under the terms of this Agreement; or (iii) in Infinitiums' sole discretion or Infinitium Suppliers sole discretion, you have engaged in activities which Infinitium or its Suppliers determines are harmful.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, SSL SERVICES, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Indemnity and Defense
With respect to ICANN, the registry operators, and Infinitium, its Suppliers as well as the contractors, agents, employees, officers, directors, shareholders and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under the Agreements, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. Moreover, should we be forced to defend ourselves in any action or legal proceeding in connection with any Whois Privacy Services provided to you, you shall have sole responsibility to defend us against any such claim by legal counsel of our choosing. This indemnification is in addition to any indemnification required under the UDRP. The terms of this paragraph will survive any termination or cancellation of the Agreements. Moreover, you agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Agreements, the web sites of the Service Providers, your Account, and/or your use of your Requested Domain.
8. Legal Age
You attest that you are of legal age to enter into these Terms and Conditions.
9. Final Agreement
These Terms, the referenced agreements, referenced terms and referenced conditions, the ICANN Policy and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. These Terms and Conditions may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
10. No Agency Relationship
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
13. Assignment and Resale
Except as otherwise set forth herein, your rights under these Terms and Conditions are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under these Terms and Conditions, whether by attachment, levy, garnishment or otherwise, renders these Terms and Conditions voidable at our option.
The section headings appearing in these Terms and Conditions are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.