COMPLETE TERMS OF SUBSCRIBER AGREEMENT:
1. Scope. This Agreement
governs your rights, duties and liabilities as a Subscriber of a Standard
Assurance Level Certificate issued by IdenTrust, using terms as defined in Section
12.
2. Certificate Issuance
2.1 Application. Contents
of Your Certificate will be based on the information You entered on the previous
screens as part of your completed application. If You are uncertain whether
the information You provided is accurate, You should now click the "BACK"
button in your browser and correct it. You agree to provide such further information
as IdenTrust may reasonably require in connection with your application and the
Identification and Authentication process.
2.2 Key Pair Generation.
Your Key Pair will be generated by You, and the corresponding Public Key will
be submitted to IdenTrust, incorporated into Your Certificate, and stored by IdenTrust
in its Certificate Repository.
IN NO EVENT WILL IdenTrust EVER HAVE ACCESS TO THE ENTIRE CONTENTS OF YOUR PRIVATE KEY.
2.3 Identification and Authentication.
Prior to issuing Your Certificate, IdenTrust will verify the information You submit
in your application. You hereby authorize IdenTrust to verify your identity by any
reasonable means. IdenTrust may consult public or private databases or other sources,
solely for the purpose of verifying information submitted by you so that IdenTrust
can verify your identity. IdenTrust will not request a credit report without your express
written prior consent. In no way shall this Agreement be construed as any express
consent from you to obtain a credit report. If, based on the information available,
IdenTrust is unable to identify and authenticate You and your certificate request to its
satisfaction, IdenTrust may refuse to issue You a certificate or seek your permission
to obtain additional information. You also authorize IdenTrust to store and use in accordance
with this Agreement any information generated during the application, Identification
and Authentication, and certificate issuance processes. At all times, IdenTrust agrees to
protect your privacy in accordance with Section 4.1 below.
2.4 Issuance. If IdenTrust
accepts your application for a Standard Assurance Level Certificate and confirms
the information submitted during the application process, IdenTrust will create
Your Certificate and notify You how and where to retrieve Your Certificate.
If IdenTrust is unable to confirm your identity, IdenTrust may refuse to approve your
application and will not issue You a Standard Assurance Level Certificate.
2.5 Acceptance.
When You enter the activation code, as provided
by IdenTrust, in order to download Your Certificate, You will once again be presented
with the Certificate's proposed contents. You agree to review the proposed
contents of Your Certificate, and immediately notify IdenTrust of any errors, defects
or problems with Your Certificate. You agree that You will have accepted Your
Certificate: (i) when You use Your Certificate or the corresponding Private
Key after downloading Your Certificate, or (ii) if You fail to notify IdenTrust
of any errors, defects or problems with Your Certificate within a reasonable
time after downloading it.
2.6 Certificate Lifetime.
If you are obtaining a "Roaming Certificate," it will be valid for one year from
date of issuance. "Browser Based Certificates" are valid for two years. You will
be notified and given the opportunity to renew your certificate beginning ninety
(90) days prior to the expiration of your current certificate, unless (a) Your
Certificate has been revoked or, (b) You have notified IdenTrust to cancel this
agreement. If you elect to renew, you will be charged for a renewal
certificate, and you will be responsible for complying with IdenTrustĘs then
current procedures to receive your renewal certificate. The terms of this
agreement shall apply to each such renewal certificate.
2.7 Purchase with Public Funds.
You agree that if Your Certificate is purchased with funds provided by a governmental
entity (the "Purchaser"), the Purchaser may act either on your behalf or on behalf of
the Purchaser for the purposes of requesting certificate revocation in accordance with
Section 3.6 and 4.3. The Purchaser reserves the right to take these actions without
cause and without Your prior consent.
3. Your Rights and Responsibilities
3.1 Fee. You agree to
pay the applicable certificate issuance fee if You are issued a Standard Assurance
Level Certificate using one of the payment methods available through IdenTrust's
online State of Washington Certificate Center, or through other payment arrangements
agreed upon between IdenTrust and You or someone acting on your behalf.
3.2 Representations and Warranties.
By accepting Your Certificate, You:
(i) accept its contents and the responsibilities identified in this Agreement,
and
(ii) represent and warrant to IdenTrust and to all who reasonably rely on the information
contained in Your Certificate that: (a) You rightfully hold the Private Key
corresponding to Public Key listed in Your Certificate; (b) all representations
You made and information You submitted to IdenTrust in the application process were
current, complete, true and not misleading, (c) You have provided all facts
material to confirming your identity and to establishing the reliability of
Your Certificate, (d) all information in Your Certificate that identifies
You is current, complete, true and not misleading, (e) You are not aware of
any fact material to the reliability of the information in Your Certificate
that has not been previously communicated to IdenTrust, and (f) You have kept your
Private Key secret.
3.3 Use of your Certificate.
You may use Your Digital Signature Certificate to establish your identity
with third-parties, sign documents and forms, file documents electronically,
and obtain access to certificate-enabled on-line sources of information. You
may not use Your Certificate for (i) the execution of any application requiring
fail-safe performance, such as the operation of nuclear power facilities,
air traffic control systems, aircraft navigation systems, weapons control
systems, or any other system whose failure could lead to injury, death or
environmental damage; (ii) transactions where applicable law prohibits the
use of Digital Signatures or (iii) fraud or any other illegal scheme or purpose.
If You use Your Certificate for any purpose prohibited in this Section, You
forfeit all of the rights and protections granted to You by IdenTrust under this
Agreement.
3.4 PROTECT YOUR PRIVATE KEY.
You are responsible for protecting your Private Key. If You suspect
or discover that your Private Key has been stolen, lost, or otherwise compromised,
then You must immediately notify IdenTrust, as provided in Section 3.6 below (if
possible via e-mail signed with your Private Key), and request that Your Certificate
be revoked. You must then immediately cease all use of Your Certificate and
your Private Key.
You agree to keep your Private Key (and any Activation Data used to protect
your Private Key) secret and secure by (i) protecting
access to the Private Key by PIN or password, and (ii) taking
other reasonable security measures to prevent
unauthorized access to, or disclosure, loss, modification, compromise, or
use of, your Private Key, any Activation Data and the computer system or media
on which your Private Key is stored or managed.
Failure to notify IdenTrust of the theft, loss, compromise, or misuse of your Private
Key, or continued use of the Key or Certificate after they have been compromised,
may cause You serious adverse legal consequences.
3.5 Changes in Certificate
Information. If Your name or your e-mail address listed in Your Certificate
changes, You should immediately notify IdenTrust. If IdenTrust does not have a valid name
or e-mail address for You, IdenTrust may not be able to fully perform its obligations
to You, including but not necessarily limited to, sending Certificate renewal
notices, revocation and suspension notices, and providing other information
You may need to know about Your Certificate and its use. An incorrect e-mail
address in Your Certificate may also prevent You from using it for signing
and securing your e-mail, and may cause other technical problems or limitations
on the use of Your Certificate.
3.6 Revoke your Certificate.
When to Revoke Your Certificate.
You must immediately request that IdenTrust revoke Your Certificate if: (i) your
name listed in Your Certificate is no longer current, complete or true; or
(ii) You ever discover or suspect that your Private Key has been or is in
danger of being lost, disclosed, compromised or subjected to unauthorized
use in any way. You may also request that IdenTrust revoke Your Certificate at any
time for any other reason.
How to Revoke Your Certificate. You can
initiate a revocation request by: (i) sending a signed e-mail (containing
the reason for revocation and using your Private Key) to helpdesk@IdenTrust.com;
or (ii) requesting revocation online (using your Private Key) at IdenTrust's Certificate
Center at http://www.IdenTrust.com/wa; or (iii) by calling the IdenTrust/State
of Washington Customer Service Center at 1-888-294-7831.
3.7 Cease Using Your Certificate.
You must immediately cease using Your Certificate in the following circumstances:
(i) when You suspect or discover that your Private Key has been or may be
compromised or subjected to unauthorized use in any way; (ii) when your name
listed in Your Certificate is no longer current, complete or true; (iii) after
You have requested, or been notified by IdenTrust that someone has requested, that
Your Certificate be suspended; (iv) upon the revocation or expiration of Your
Certificate; or (v) upon termination of this Agreement.
3.8 Consequences of Breach.
If You act in any manner counter to Your obligations under this Agreement,
You will forfeit any claims You may have against IdenTrust.
3.9 Indemnification.
By accepting Your Certificate, You agree to indemnify and hold IdenTrust and its
directors, officers, employees, agents and affiliates harmless from any and
all liabilities, costs, and expenses, including reasonable attorneys' fees,
related to: (i) any misrepresentation or omission of material fact by You
to IdenTrust, whether or not such misrepresentation or omission was intentional;
(ii) your violation of this Agreement; (iii) any compromise or unauthorized
use of Your Certificate or your Private Key that is not caused by IdenTrust, unless
prior to such unauthorized use You have appropriately requested revocation
of Your Certificate and proven your authority to request revocation; or (iv)
your misuse of Your Certificate or your Private Key, including without limitation
any use of Your Certificate that is not permitted by this Agreement; PROVIDED,
however, that nothing herein shall require the Subscriber to indemnify IdenTrust
for any consequences caused by the fault of IdenTrust, or IdenTrust's failure to fulfill
any of its obligations.
4. IdenTrust's Rights and Responsibilities.
4.1 Your Privacy Is Important.
IdenTrust will use reasonable care to ensure that your Private
Information will be kept confidential. IdenTrust will: (i) comply with all applicable
laws and regulations regarding privacy of information; (ii) protect the confidentiality
of your Private Information; and (iii) use your Private Information only for
the purpose of providing Certificate services and carrying out the provisions
of this Agreement. Your Private Information will not be sold, rented, leased,
or disclosed in any manner to any person without your prior express consent,
except (i) as required by law, or (ii) as may be necessary for the performance
of Certificate and Repository services or for auditing requirements. IdenTrust will
protect your Private Information in a manner designed to ensure its integrity
and to make it available to You, following an appropriate request.
However, your Standard Assurance Certificate and any information contained
in Standard Assurance Level Certificates, including your identity, must be
seen by others and is not private. Information that may be disclosed in your
certificate and in IdenTrust's Repository includes, but is not limited to: (i) your
name and e-mail address, (ii) the Public Key listed in Your Certificate; and
(iii) the certificate serial number and expiration date. However, your address,
telephone number and other personally identifying information, other than
name and e-mail address, will not appear in Your Certificate and will not
be disclosed to third parties except as provided in this Agreement.
4.2 Certificate Repository.
During the term of this Agreement, IdenTrust will operate and maintain a secure
on-line Repository that is available to Relying Parties and that contains
(i) all current, valid Certificates issued by IdenTrust under the State of Washington
PKI (including, as applicable, Your Certificate), and (ii) a CRL and/or on-line
database indicating the status, whether valid, suspended or revoked, of such
Certificates. When You accept Your Certificate, IdenTrust will publish Your Certificate
in the Repository and will indicate its valid status until it is suspended,
revoked or expired, as provided in Section 4.3 below. IdenTrust will provide non-exclusive
access to the Repository to Relying Parties to check the validity and status
of Your Certificate.
4.3 Revocation and Suspension.
If You request that your Certificate be revoked, IdenTrust will revoke Your Certificate
and update the Repository as soon as practical, but not later than set forth
in the Certificate Policy, after IdenTrust has adequately confirmed that the person
making the revocation request is authorized to do so. If the request is signed
using your Private Key, IdenTrust will accept the request as valid.
IdenTrust may suspend Your Certificate for period of up to five business days upon
receipt of an order of the Washington Secretary of State as provided in Section
19.34.210(5) of the Revised Code of Washington. If necessary due to technical
requirements, IdenTrust's suspension procedure may be to temporarily revoke and
then reissue the Certificate at no charge to You.
IdenTrust may revoke Your Certificate without advance notice, and thereafter notify
You, if it determines, that: (i) Your Certificate was not properly issued
or was obtained by fraud; (ii) the security of your Private Key has or may
have been lost or otherwise compromised; (iii) Your Certificate has become
unreliable; (iv) material information in your application or Your Certificate
has changed or has become false or misleading; (v) You have violated any applicable
agreement or obligation; (vi) You or the Purchaser request revocation or suspension; (vii)
a governmental authority has lawfully ordered IdenTrust to revoke Your Certificate;
(viii) this Agreement terminates; or (ix) there are any other grounds for
revocation.
IdenTrust will notify You when Your Certificate has been revoked or suspended.
4.4 Warranty, Disclaimer of
Other Warranties and Limitation of Liability.
Warranty. IdenTrust warrants to You, as of the
time IdenTrust issues Your Certificate and as of the time any Relying Party checks
the Repository for the validity of Your Certificate, that: (i) when authenticating
your identity and issuing Your Certificate, IdenTrust complied with the requirements
of IdenTrust's policies and procedures governing Identification and Authentication
and issuance of Certificates under the State of Washington Certificate Policy,
(ii) in issuing Your Certificate, IdenTrust did not exceed any limits of its license
as a Certification Authority in the State of Washington, (iii) IdenTrust took reasonable
steps to verify the information in Your Certificate; (iv) the information
You provided to IdenTrust during the application process for inclusion in Your Certificate
was accurately transcribed to Your Certificate; (v) IdenTrust has managed Your Certificate
in accordance with this Agreement and IdenTrust's policies and procedures governing
the management of Certificates under the State of Washington Certificate Policy;
(vi) there is no information in Your Certificate known to IdenTrust to be false;
and (vii) Your Certificate meets all material requirements of this Agreement
and of Chapter 19.34 of the Revised Code of Washington.
Disclaimer of Warranties.
IdenTrust DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR
IMPLIED, THAT ARE NOT SPECIFICALLY PROVIDED HEREIN, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH REGARD TO THE SERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER.
Limitation of Liability.
STANDARD ASSURANCE LEVEL CERTIFICATES HAVE A RECOMMENDED RELIANCE LIMIT OF
$1,000. IdenTrust DISCLAIMS AND LIMITS ITS LIABILITY TO YOU TO THE MAXIMUM EXTENT
ALLOWED UNDER SECTION 19.34.280 OF THE REVISED CODE OF WASHINGTON. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, IdenTrust SHALL NOT BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN IF IT HAS BEEN NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES.
5. Governing Law. The
parties hereto agree that the United Nations Convention on Contracts for the
International Sale of Goods will not apply to this Agreement. This Agreement
shall be governed by and construed under the laws of the State of Washington,
except to the extent that the laws of the United States supersede or preempt
the laws of the State of Washington.
6. Dispute Resolution.
In the event of any dispute or disagreement between the parties hereto ("Disputing
Parties") arising out of or related to this Agreement or Your Certificate,
the Disputing Parties will use their best efforts to settle the dispute or
disagreement through mediation or good faith negotiations following notice
from one Disputing Party to the other(s). If the Disputing Parties cannot
reach a mutually agreeable resolution of the dispute or disagreement within
sixty (60) days following the date of such notice, then the Disputing Parties
will submit the dispute to the Policy Management Authority administering the
State of Washington Certificate Policy for resolution in accordance with
the provisions of Section 2.4.3 of the Certificate Policy.
7. Entire Agreement.
This Agreement, together with any other documents referred to and/or incorporated
herein, constitute the entire agreement between You and IdenTrust with the respect
to Your Certificate.
8. Third Party Beneficiaries.
It is not the parties' intent that this Agreement, or any of the other documents
mentioned in the preceding paragraph, should confer, and they shall not confer,
any rights on any third party.
9. Amendment. You agree
that IdenTrust may modify this Agreement from time to time during the term of this
Agreement. Minor modifications shall become effective when posted to IdenTrust's
Web site. Any modification to this Agreement that substantially alters your
rights or obligations will become effective when You renew Your Certificate
after You have received notice of such modification. You will be deemed to
have received notice of any modification when (i) You actually receive written
notice of such modification, or (ii) notice of such modification is accessible
by You at the e-mail address You have provided to IdenTrust.
10. Severability. If
any provision of this Agreement is found to be invalid or unenforceable, then
this Agreement will be deemed amended by modifying such provision to the extent
necessary to make it valid and enforceable while preserving its intent or,
if that is not possible, by striking the provision and enforcing the remainder
of this Agreement.
11. Survival. Sections
governing confidentiality of information, indemnification, IdenTrust's warranties,
disclaimer of warranties, limitation of liability, governing law and dispute
resolution will survive any termination or expiration of this Agreement.
12. Definitions and Terms
Activation Data: User
IDs, pass-phrases, passwords or PINs used to safeguard the Private Key from
unauthorized viewing or use.
Certificate: A computer-based
record or electronic message that: (i) identifies the Certification Authority
issuing it; (ii) names or identifies a Subscriber; (iii) contains the Public
Key of the Subscriber; (iv) identifies the Certificate's Validity Period;
(v) is digitally signed by a Certification Authority; and (vi) has the meaning
ascribed to it in accordance with applicable standards. A Certificate includes
not only its actual content but also all documents expressly referenced or
incorporated in it. If You use the Entrust software client to store Your Certificate,
it is identified by the software as a "Profile."
Certification Authority:
An entity that creates, issues, manages and revokes Certificates.
CRL: A database or other
list of Certificates that have been revoked or suspended prior to the expiration
of their Validity Period.
Digital Signature/Digitally
Sign: The transformation of an electronic record by one person, using
a Private Key and Public Key Cryptography, so that another person having the
transformed record and the corresponding Public Key can accurately determine
(i) whether the transformation was created using the Private Key that corresponds
to the Public Key, and (ii) whether the record has been altered since the
transformation was made. It does not involve a handwritten signature.
Hardware Token: A secure
hardware device (e.g., a smart card or a USB token) used to store a Subscriber's
Private Keys and Certificates.
Identification and Authentication
("I&A"): To ascertain and confirm through appropriate inquiry and investigation
the identity of a Subscriber.
Individual: A natural
person and not a juridical person or legal entity.
Key Pair: Two mathematically
related keys (a Private Key and its corresponding Public Key), having the
properties that (i) one key can be used to encrypt a message that can only
be decrypted using the other key, and (ii) even knowing one key, it is computationally
infeasible to discover the other key.
Key Recovery: A key
management operation performed by IdenTrust to recover the Private Key associated
with Your Encryption Certificate in order to allow access to encrypted data.
Master Contract:
Contract refers to that certain Master Contract, Number T00-MST-001, as amended,
for Certification Authority and Public Key Infrastructure Services between,
IdenTrust Services, LLC (IdenTrust) and the State of Washington Department of
Information Services, renewed on April 1, 2007 by Amendment 07-15. The master
contract is not part of the subscriber agreement and applies only between
IdenTrust and the State in its capacity as a party to the master contract.
Operational Period:
The actual term of validity of Your Certificate, beginning at the start of
the Validity Period and ending on the earlier of (i) the end of the Validity
Period as indicated in Your Certificate, or (ii) the revocation of Your Certificate.
Organization: An entity
that is legally recognized in its jurisdiction of origin (e.g., a corporation,
partnership, sole proprietorship, government department, non-government organization,
university, trust, special interest group or non-profit corporation).
Private Information:
Non-public information that You provide or that IdenTrust obtains, during the application
and Identification and Authentication processes, that is not included in Your
Certificate and that identifies You.
Private Key: The key
of a Key Pair kept secret by its holder and used to create Digital Signatures.
References to a "Private Key" in connection with a Certificate shall mean
the Private Key corresponding to the Public Key listed in that Certificate.
Public Key: The key
of a Key Pair publicly disclosed by the holder of the corresponding Private
Key and used by the recipient to validate Digital Signatures created with
the corresponding Private Key. References to a "Public Key" in connection
with a Certificate shall mean the Public Key listed in that Certificate.
Public Key Cryptography:
A type of cryptography (a process of creating and deciphering communications
to keep them secure) that uses a Key Pair to securely encrypt and decrypt
messages, thereby allowing for the creation and validation of Digital Signatures.
One key encrypts a message, and the other key decrypts the message. One key
is kept secret (Private Key), and one is made available to others (Public
Key). These keys are, in essence, large mathematically-related numbers that
form a unique pair.
Recommended Reliance Limit:
A Recommended Reliance Limit is an Issuing CA's recommended maximum total
amount which a Relying Party should risk in a transaction or communication
depending upon a given Certificate. Recommended Reliance Limits vary by Certificate
Type. A Relying Party is advised to consider the Recommended Reliance Limit
in electing to rely upon a Certificate, but is not prohibited from using any
Certificate Type for any purpose of transaction based upon the applicable
Recommended Reliance Limit.
Relying Party: An Individual
or Organization that relies on Certificates issued under the State of Washington
PKI, in accordance with Chapter 19.34 of the Revised Code of Washington.
Repository: An on-line
system maintained by IdenTrust for storing and retrieving Certificates issued under
the State of Washington PKI, and other information relevant to such Certificates,
including information relating to Certificate validity, suspension or revocation.
Software Cryptomodule:
A software program that (i) generates Key pairs, (ii) stores cryptographic
material, and/or ( iii) performs cryptographic functions.
Standard Assurance Level Certificate:
The Certificate issued by IdenTrust to a Subscriber under the State of Washington
PKI for Digital Signature purposes, that has a Recommended Reliance Limit
of $1,000.
State of Washington Certificate
Policy: The set of rules governing the issuance and use of Standard
Assurance Level Certificates among parties authorized to participate in the
State of Washington PKI.
State of Washington PKI:
The Certificate-based Public Key Cryptography system established by the State
of Washington Certificate Policy and operated by IdenTrust as a licensed Certification
Authority, in accordance with Chapter 19.34 of the Revised Code of Washington.
Subscriber: An Individual
or Organization that (i) is named or identified in a Certificate as the subject
of the Certificate, and (ii) holds a Private Key that corresponds to a Public
Key listed in that Certificate. You are the Subscriber of Your Certificate.
Subscriber Agreement:
A contract between a Subscriber and IdenTrust that details the procedures, rights
and obligations of each party with respect to a Certificate issued to the
Subscriber.
Validity Period: The
intended term of validity of Your Certificate, beginning with the date of
issuance ("Valid From" or "Activation" date), and ending on the expiration
date indicated in Your Certificate ("Valid To" or "Expiry" date).
Your Certificate, Your Digital
Signature Certificate: The Standard Assurance Level Certificate issued
to You pursuant to this Agreement.
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