SSL Service Agreement, Hexonet GMBH

SSL Service Agreement

Last Updated: July 19, 2017 - © HEXONET. All Rights Reserved.

1. Introduction

The terms and conditions set forth in the SSL Certificates Service Agreement (“Agreement”) apply to HEXONET’s SSL Certificates (“Certificates”) and related services ("Services") and govern the relationship between the user (“User”) of the SSL Certificates Services and HEXONET GmbH ("HEXONET") with regard to the use of the Services. HEXONET and the User are also each referred to as "Party", and collectively as "Parties. This Agreement is made effective as of the date of acceptance (electronically or in writing) by the User.

The provisions of this Agreement are in addition to any agreement that applies to the User's use of the Services under any other applicable HEXONET policies and/or agreements, and are in particular contingent on the HEXONET Terms of Service.

By using this Service, the User consents to the provisions set forth in this Agreement. The User's acceptance (electronically or in writing) of this Agreement signifies that the User has read and understands, acknowledges and agrees to be bound by this Agreement.

HEXONET may, in its sole and absolute discretion, amend the Terms and Conditions contained in this Agreement from time to time. In this event, it will inform the User through HEXONET's services and/or by other means, such as by posting the complete new agreement with the last date of change on HEXONET's Website ("Website"). The continued use of the Services 30 days following any changes to this Policy will be deemed to constitute User's consent to such changes. The operative and effective version of this Policy will be the latest version available on the Website.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assignees.

2. Services and Definition

2.1 Definitions

HEXONET's Services offer the provision and billing of SSL Certificates as offered by the Certification Authorities.

2.1.1. SSL Certificates are digital certificates containing the certificate's holder name, a serial number, expiration date, public key, and digital signature of the certificate-issuing authority, to authenticate the identity of a website or domain name. The SSL Certificate is also used to encrypt data and information sent to servers over the public Internet.

 

2.1.2. Certificate Authority defines the entity authorized to release, revoke and/or suspend Certificates. Certificate Authority shall refer disjunctively to Comodo, GeoTrust, Symantec and Thawte.

2.1.3. Certificate Application means a request to a Certificate Authority for the issuance of an SSL Certificate.

2.2. Services

Through the Services the User may:

2.2.1. Order/Purchase SSL Certificates from one of the Certification Authorities available via HEXONET

2.2.2. Renew these SSL Certificates and/or

2.2.3. Request modifications of these SSL Certificates

2.3 Third Parties

By ordering SSL Certificates through HEXONET, the User agrees to be bound by the terms of this Agreement and the applicable Agreements of the respective SSL Certificate Authority. The SSL Certificates are issued by Certification Authorities and are considered Third Party Services under the User’s agreements with HEXONET. The User acknowledges that HEXONET is not the Provider/ Certificate Authority of the SSL Certificates. HEXONET has no liability for any action or inaction that falls under the agreement between the User and the Certificate Authority.

2.4 Provision of the Service

2.4.1. After purchasing the Services via HEXONET’s Website and completion of the required authentication procedures, the Certificate Authority may process the User’s Certificate Application. If approved, the User will be notified by the Certificate Authority or HEXONET directly and will receive instructions on the completion of the assignment and installation of the SSL Certificate.

2.4.2. The validation process is solely the Certificate Authority's assignment. HEXONET has no responsibility or liability regarding the process, success or failure. The User shall notify the Certificate Authority in case of any inconsistencies and/or errors that occur from the instructions issued or the installation of the Certificate.

2.4.3. It is solely the User’s responsibility to complete the verification and provisioning process according to the Certificate Authority’s instructions. HEXONET assumes no responsibility or liability for the User’s failure to complete the process.

2.4.4. The User acknowledge that HEXONET may exchange relevant information with a third service provider/ Certificate Authority within the scope of providing the Services.

2.5. Private Key

2.5.1. The User is required to use a private key in connection with the SSL Certificate.

2.5.2. The User can either manage the private key himself, or HEXONET will provide one for him.

2.6. Service Availability

HEXONET does not guarantee nor warranty the Service availability nor does HEXONET have any influence on the assignment, validation and revocation of certificates. This is the responsibility of the respective Certification Authority.

3. User Obligations/ Restrictions

3.1. The User acknowledges and agrees that they are solely responsible

3.1.1. To keep their email address accurate and up to date. HEXONET assumes no responsibility or liability for the User’s failure to receive an email notification;

3.1.2. To provide accurate data and update their information registered with the SSL Certificate(s) immediately after any change and ensure that such information is kept updated and configured during the term of this Agreement;

3.1.3. To cooperate with and support HEXONET with the provision of the Service by all means, such as providing HEXONET with reasonable access and accurate information in a timely manner and making any and all necessary technical changes on the network or infrastructure;

3.1.4. To control illegal or dangerous activities that threaten the business of HEXONET or the Certificate Authority;

3.1.5. To monitor the term and the expiration date of the SSL Certificate;

3.1.6. To comply with the applicable policies of the respective Certificate Authority;

3.2. The User warrants that the use of the Services, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

3.3. The User shall refrain from using the Services in a manner (as determined by HEXONET in its sole and absolute discretion) that is considered as breach of General Rules of Conduct as defined in the HEXONET Terms of Service.

3.4. The User is prohibited to assign or transfer any and all of the their rights and/or allocate any and all of their obligations stated in this Agreement, in whole or in part, to any third party without HEXONET’s prior written consent.

4. Pricing and Payments

All payments shall be provided in accordance to the Pricing and Payments terms set forth in the HEXONET Terms of Service. In the event that the User's domain registration expires within a year (12 months) of purchasing the Service, the User is obliged to pay the full annual fee. It is the full responsibility of the User if the Certification becomes useless due to the expiration of the User’s domain registration.

5. Expiration and Renewal

5.1. HEXONET may notify the User via HEXONET’s Services regarding the renewal fees and their due time at any time. The User consents to the submission of such notifications.

 

5.2. If the renewal fees are not provided within the requested time, the User’s Service will expire and/or be cancelled in accordance to this Agreement.

 

6.Termination / Expiration

6.1. In case of any termination/expiration of the domain, the User is required to:

6.1.1. Cease the use of the Service(s);

6.1.2. Pay any fees applicable for the use of the Service(s)

7. Limitation of liability

To the greatest extent permitted by law, HEXONET and its related companies and their directors, officers, employees and agents, will not be liable to the User for any consequential, indirect, special, incidental, reliance, exemplary, or punitive damages arising out of or relating to this Agreement or the Services, whether foreseeable or not, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, minor negligence, strict liability in tort, or other cause of action (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if HEXONET has been advised of the possibility of such damages. Under no circumstances will HEXONET’s aggregate liability to the User or any third party arising out of or related to this Agreement or the Services exceed the aggregate amount of fees paid hereunder regardless of the cause of action. Further, HEXONET assumes no liability or responsibility for User's failure to receive email notifications especially if such failure is a result of an inaccurate email address or account contact information.

8. Indemnification

8.1. The User will indemnify, defend, and hold harmless HEXONET (including HEXONET’s Affiliates, directors, officers, managers, employees, contractors, and agents) from and against any claim, action, loss, liability, damage, penalty, cost or expense (including reasonable legal fees for attorneys, witnesses, and defense) that HEXONET may suffer or incur as a result of:

8.1.1. Any failure by the Users to comply with the terms of this Agreement;

8.1.2. Any representation or warranty in connection with the Services made by the Users, their employees, contractors, or agents being false or misleading;

8.1.3. Any gross negligence or willful misconduct by the Users, their employees, contractors, or agents;

8.1.4. Any Chargeback or;

8.1.5. Any alleged or actual violations by the Users for any law, regulation or rule; 8.2. The Users acknowledge and agree that they shall have no right to seek, and shall not seek, any indemnification directly from HEXONET.

9. Entire Agreement

This Agreement constitutes the complete agreement between the Parties relating to the subject matter hereof and supersedes all prior and other understandings, representations, warranties, and agreements relating hereto, whether verbal, written, or otherwise.

10. Disclaimer / Waiver

10.1.Waiver

No waiver by HEXONET of a breach of any provision hereof will take effect or be binding upon HEXONET unless expressly waived in writing, and such waiver will extend and apply only to the particular breach so waived and will not limit or affect the rights of HEXONET in respect of any future breach or in respect of any breach of any other provision hereof.

10.2 Disclaimer

HEXONET makes no warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, or validity of the applications, software, data, or information related to the network, systems, or other services of HEXONET or its third party providers. HEXONET provides all the Services “as is”, “where is” and “available as” and specifically disclaims all warranties of merchantability and fitness for a particular purpose. The User understands, acknowledges, and agrees that the User will use the Services, and all aspects thereto at the User’s sole risk. HEXONET will not be liable for delays in its performance of this Agreement caused by circumstances beyond its reasonable control (“Force Majeure”), including acts of God, wars, riots, national disasters, earthquakes, strikes, fires, floods, shortages of labor or materials, labour disputes, transportation problems, accidents or governmental restrictions. HEXONET will make all reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.