Terms Of Use

ISC Relying Party Agreement

YOU MUST READ AND AGREE TO THIS RELYING PARTY AGREEMENT ("AGREEMENT") BEFORE GENERATING, VALIDATING OR RELYING ON A DIGITAL CERTIFICATE ("CERTIFICATE"), USING ISC'S CERTIFICATE GENERATION SERVICES, ITS LDAP REPOSITORY, OR OTHERWISE ACCESSING OR USING THE ISC WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS, OR USE ANY PORTION OF THE ISC WEBSITE FOR CERTIFICATE SERVICES OF ANY KIND.

1. Certificates. Each certificate generated by the ISC Silver E-Mail Subscriber CA binds an e-mail address to a public key. The low level of user authentication assurance implicit in this binding is based on a validation procedure that attempts to ensure, but cannot guarantee, that an individual who submits a certificate request containing a public key actually possesses the corresponding private key as well as the e-mail address provided with the request. Proof of identity is not required by ISC, nor is it provided to ISC, prior to the issuance of these certificates. These certificates are intended for the limited purpose of associating a particular e-mail address with a particular public key. They are not appropriate for use as proof of identity or authority.

2. User Obligations. (a) If you plan to obtain a certificate using ISC certificate services, you acknowledge and agree:

  • that you are responsible for maintaining your own private key, and for submitting accurate, true and correct information to ISC;

  • that the information contained in your digital certificate shall not be considered confidential;

  • that you have access to sufficient information to ensure that you can make an informed decision as to the extent to which you will choose to rely on ISC certificates and services;

  • that you will independently assess the appropriateness of the use of ISC certificates and services for any given purpose, and that you are solely responsible for deciding whether or not to rely on any information provided;

  • that you shall bear the legal consequences of your decisions, and for any failure to comply with this Agreement; and

  • ISC certificates and services are provided AS IS, and at your own risk.

(b) If you are relying on a certificate generated by ISC and/or maintained in ISC's LDAP Repository, you acknowledge and agree

  • that you will check the status of a certificate on which you wish to rely; that you will rely only on certificates which have verified as being in effect and not revoked, including any certificate in a certificate chain;
  • that you will independently assess the appropriateness of the use of ISC certificates and services for any given purpose, and that you are solely responsible for deciding whether or not to rely on any information provided;
  • that you will not rely on a certificate inappropriately given the nature and level of assurances inherent in the certificate;
  • that you have access to sufficient information to ensure that you can make an informed decision as to the extent to which you will choose to rely on ISC certificates and services;
  • that you shall bear the legal consequences of your decisions, and for any failure to comply with this Agreement; and
  • that ISC certificates and services are provided AS IS, and at your own risk.

3. Restrictions on Use. You agree that you will not attempt to tamper with, modify, damage, interfere with, or reverse engineer any certificate or the ISC LDAP repository or any part thereof.

4. Effect of a Certificate. You assume full responsibility for the legal effect of any certificate and/or digital signature and the affect of the laws of any particular jurisdiction that may affect your transaction or your reliance on a certificate.

5. Warranties. ISC warrants to Relying Parties (i) that certificates appearing in the ISC LDAP Repository have been issued to the individual or organization named in the certificate as the subscriber or originator, and (ii) the subscriber has accepted the certificate by downloading it from a website or via an email message sent to the subscriber containing the certificate.

6. Disclaimers. YOU AGREE THAT YOUR USE OF ISC'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" BASIS, EXCEPT AS OTHERWISE SPECIFICALLY NOTED IN THIS AGREEMENT.  EXCEPT FOR WARRANTIES EXPRESSLY STATED HEREIN, ISC HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ISC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE OR ANY CERTIFICATE OR CERTIFICATION PROCESS WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. NO RECOMMENDATION, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISC SHALL CREATE ANY WARRANTY, REPRESENTATION OR OBLIGATION OF ISC , UNLESS IT IS MADE IN WRITING BY AN OFFICER OF ISC. TO THE EXTENT APPLICABLE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR OTHER CONTRACT TERMS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Release. You agree to release, indemnify, defend, and hold harmless ISC and its Officers, directors, employees, agents, contractors, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (i) your failure to perform the obligations of a Relying Party in accordance with this Agreement or (ii) your reliance on a Certificate that is not reasonable under the circumstances. ISC shall have the right to participate in its own defense with counsel selected by it and paid at your expense. You shall have sole responsibility to defend ISC against any claim, but you may not settle any such claim without ISC's prior written consent. The terms of this Section 7 will survive any termination or cancellation of this Agreement.

8. Limitations of Liability. The total liability of ISC (including its subcontractors) on any claim, whether in contract, tort (including negligence of any degree), infringement or otherwise, arising out of, connected with, or resulting from generation, use, storage, maintenance, revocation or other services relating to a digital certificate or any use of or reliance on a Class I certificate by any party shall not exceed two hundred fifty dollars in the aggregate regardless of the number of digital signatures, transactions, or claims related to such certificate.

IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, ALLEGED NEGLIGENCE, OR OTHERWISE, SHALL ISC BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

9. Protection of Private Key. YOU ARE SOLELY RESPONSIBLE FOR THE PROTECTION OF YOUR PRIVATE KEY. THEFT OR MISAPPROPRIATION OF A PRIVATE KEY MAY OR MAY NOT BE DETECTED. A STOLEN OR MISAPPROPRIATED PRIVATE KEY MAY BE USED TO FORGE A SIGNATURE TO A DOCUMENT TO YOUR DETRIMENT.

10. Governing Law. The parties agree that any disputes related to the services provided under this Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Illinois , United States of America , excluding its conflict of laws rules. All suits to enforce any provision of this Agreement or arising in connection with this Agreement shall be brought in the United States District Court for the Northern District of Illinois or the appropriate State court for Cook County , Illinois . The parties further waive any right to a jury trial regarding any action brought in connection with this Agreement.

11. Severability. If any provision of this Agreement, or the application thereof, is for any reason and to any extent found to be invalid or unenforceable, the remainder of this Agreement (and the application of the invalid or unenforceable provision to other persons or circumstances) shall not be affected by such finding of invalidity or unenforceability, and shall be interpreted in a manner that shall reasonably carry out the intent of the parties.

12. Force Majeure. Notwithstanding any other term or provision in this Contract, a failure or delay by Relying Party or ISC to perform any act or obligation to be performed by it under this Agreement within the time specified herein for such performance, if caused by act of God or public enemy, explosion, fire, storm, earthquake, flood, drought, strikes, lockouts, labor troubles, riots, vandalism, sabotage, embargo, war (whether or not declared and whether or not the United States is a participant), federal, state or municipal law, regulation, order, license, priority, seizure, requisition or any other circumstance of a similar or different nature beyond the reasonable control of the party so failing or delayed, shall not constitute a breach of the Agreement, nor subject the party so failing to any liability to the other, and the time of performance shall be extended for the duration of the delay so caused; provided such party shall have notified the other party of the existence of such condition and the expected duration thereof and that such party so failing or delayed shall exert reasonable efforts to eliminate or terminate the cause of any such failure or delay.

13. Term. This Agreement will become effective when you search for a certificate in the ISC LDAP Repository, attempt to verify a digital signature created with a private key corresponding to a public key contained in a certificate, or when you otherwise use or rely upon any information or services provided by ISC, its website or any directory or database maintained by ISC. This Agreement shall be applicable for as long as you rely on a certificate issued by ISC or you use the ISC website or any ISC service.

14. Non-Assignment. Except as otherwise set forth herein, you may not delegate your rights or assign your duties under this Agreement.

15. Waiver; Entire Agreement. No waiver, amendment or modification of this Contract shall be binding upon ISC unless made in writing and signed by a duly authorized representative of ISC. The parties hereto have each participated in the drafting and preparation of this Contract. No rules of construction based on authorship shall apply.

This Agreement sets forth the full and complete agreement of the parties hereto. It supersedes any and all proposals, negotiations and representations of the parties made or had prior to the execution hereof relative to the subject matter of this Agreement. Headings used herein are for convenience only and shall not affect the interpretation of any provision herein.

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

 

ISC software products are subject to individual end user license agreements.