SSLStar Terms and Conditions
Please read the following terms and conditions carefully, they relate to use of
SSLStar ("SSLStar") including the the SSLStar Website, sslstar.com, ("SSLStar Website"
or "the Website") by SSLStar clients, Partners or Users ("the User").
1. SSLStar WEBSITE "THE SERVICE"
The Service consists of an informational website, a secure purchase process, and
the provisioning of Secure Sockets Layer (SSL) Certificates on behalf of the User.
SSLStar products and Services are payable in advance as per the pricing published
on the SSLStar Websiteor otherwise provided by formal written agreement.
SSLStar will not provide SSL Certificates to Users full payment has been received.
SSLStar makes no guarantees whatsoever as to the continuous availability of the
Service or any specific feature(s) of the Service at any time. SSLStar reserves
the right to change or terminate the Service and/ or alter the terms and conditions
of this Agreement at any time without notice and with immediate effect. All fees
paid to SSLStar when such termination occurs will be addressed in the manner outlined
later in this document.
2. USE OF THE WEBSITE
The SSLStar Website is provided "as is" and for your own personal, non-commercial
use only. You may download, display, reformat or print parts of the Comodo Site
for your own personal, non-commercial use.
You agree not to modify, copy, distribute, transmit, display, reproduce, publish,
license or otherwise use the content of the SSLStar Website for resale, redistribution
or for any other commercial use.
You shall not use the SSLStar Website for any purpose that is unlawful, abusive,
libelous or threatening or for the transmission of any virus or any other computer
code, files, or programmes which are designed or likely to interrupt, damage, destroy
any computer hardware or software or interfere in any way with the normal operations
of the SSLStar Website.
3. USER PRIVACY
It is SSLStar's policy to respect the privacy of the User. The SSLStar Website will
not monitor, edit, or disclose any personal information about the User or the User's
purcahses from the SSLStar Website, without the User's prior permission unless SSLStar
has a good faith belief that such action is necessary to: (1) conform to legal requirements
or comply with legal process; (2) protect and defend the rights or property of SSLStar;
(3) enforce this Service Agreement or protect SSLStar's business or reputation,
including without limitation upon termination, cancellation or suspension of this
Agreement by SSLStar; (4) respond to request for identification in connection with
claim of copyright or trademark infringement by the User or a claim by a third party
that the User is using the Service in connection with an infringing, illegal or
improper activity; or (5) act to protect the interests of the User or others. For
more information, see SSLStar's Privacy Policy.
The User agrees that SSLStar may access its personal information, including purchase
details, as stated above or to respond to service or technical issues.
THE USER HEREBY GRANTS SSLStar THE RIGHT TO SEND THE USER COMMUNICATION VIA E-MAIL
OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT SSLStar DEEMS IMPORTANT
FOR THE USER TO KNOW, RELATING TO THE SERVICE.
4. FEES, PAYMENT AND YOUR RIGHT TO CANCEL
Fees. In consideration for the provisioning of SSL Certificates from the SSLStar
Website, the User shall pay to SSLStar the relevant fee (as appropriate) for the
requested certificate.
All fees are payable in advance and no SSL certificates will be issued until payment
is received. Payment shall be deemed to have been made as soon as the fee is available
in eWAY Certificates's bank account.
Credit Card Payment. If the User has elected to pay for the Service by credit card,
and SSLStar does not receive payment from the credit card issuer, the User agrees
to pay all amounts due, immediately upon demand by SSLStar. SSLSTar reserves the
right to come to other payment arrangements on a case-by-case basis. (Agreements
with the credit card issuer governs use of the User's credit card, and the User
must refer to that agreement to ascertain its rights and liabilities as a cardholder.)
All credit card payments are calculated in the User's selected currency and may
be subject to currency conversion fluctuations. The final purchase amount is the
amount reflected on the Credit Card holder's statement.
Termination or Cancellation by the User. The User is free to terminate or cancel
this Agreement within 7 days of the original purchase, and for any reason; provided,
however, for such termination or cancellation to be effective the User must advise
SSLStar in writing immediately of their wish to carry out such termination. On termination
of the agreement for any reason at any time any and all past due fees payable to
SSLStar must be paid within 7 days. Any questions concerning the appropriate method
by which to cancel this Agreement, should be directed to the Contact Us section.
Refunds. Refunds will only be issued under the circumstances outlined under Termination.
5. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
Modification of Terms. SSLStar frequently updates, modifies, and otherwise continually
seeks to improve the SSLStar services and products. Such changes often dictate that
we simultaneously modify our Terms and Conditions of Use. As such, SSLStar shall
have the right to modify the terms of this Agreement and to change or discontinue
any aspect or feature of the SSLStar service, in either case, as it deems reasonably
necessary. Such changes shall be effective immediately upon posting of such addition,
change, or deletion within the Terms section of the SSLStar.com.au web site. Any
use by the User of the Service after any such change has been posted shall constitute
the acceptance of any such changes. If the User does not agree with any such changes,
the Service may be cancelled in accordance with the procedures for cancellation
set forth in this Agreement. The User acknowledges its responsibility to review
this Agreement from time to time and to be aware of any such changes.
Termination, Cancellation and/or Suspension by SSLStar; Disclosure of Information.
This Agreement and the license granted here under may be terminated, cancelled and/or
suspended by SSLStar at any time if, in SSLStar's sole discretion, the User breaches
these Terms of Service. Such termination, cancellation and/or suspension by SSLStar
shall be effective immediately upon notification by SSLStar to the User in any reasonable
manner, including but not limited to, notification by e-mail. Upon, during, and/or
after any such breach, SSLStar may elect to suspend, terminate and/or cancel this
Agreement and/or recover any and all damages from the User arising from or relating
to the event(s) giving rise to the suspension, termination or cancellation. SSLStar
reserves the right to suspend the client's service at any stage for any reason it
may deem necessary to continue to provide any of its services in a way that may
be hindered by the Client's status as being a SSLStar Client, financial status of
the client or the actions originating from the client.
In the event that SSLStar receives complaints from recipients or third parties with
respect to the use of the Service, SSLStar additionally reserves the right, in its
sole discretion, to disclose any and all information to the recipient, applicable
authorities or any other party with regard to its clients and application Users.
Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation
and/or suspension of this Service Agreement, the User is responsible for any obligations
then accrued including, but not limited to, payment of any costs or charges that
may arise in connection with such termination, cancellation and/or suspension, and
payment of all outstanding fees for use prior to said termination, cancellation
and/or suspension occurs. Payment and other obligations under this Service Agreement
are not suspended, stayed, or otherwise affected by a suspension of access to /
or use of SSLStar (in whole or in part) where said suspension arises from the User's
failure to comply with, or violation of, the terms of this Service Agreement or
of any law or legal obligation. Upon termination and/or cancellation, for any reason,
the User agrees to immediately cease using SSLStar and remove all SSLStar software,
logos, content and applications on any computer, database, server (local or remote)
in your possession or under its control. SSLStar shall have no obligation to the
User after any termination or cancellation of this Service Agreement.
6. NO WARRANTIES OR LIABILITIES
GENERALLY. THE User EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND
THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT SSLStar IS PROVIDED "AS IS" AND
"AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED.
SSLStar WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO SSLStar AVAILABLE
TO THE User THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE
THAT THE User WILL BE ABLE TO ACCESS SSLStar AT ANY PARTICULAR TIME OR ANY PARTICULAR
LOCATION.
ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in
Section 9 above, SSLStar and its affiliates, agents, content providers, service
providers, and licensors:
(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS,
NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF SSLStar GENERALLY,
AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED
WARRANTIES THAT THE OPERATION OF SSLStar GENERALLY AND ANY CONTENT OR SERVICES CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
(ii) SHALL IN NO EVENT BE LIABLE TO THE User OR ANYONE ELSE FOR ANY INACCURACY,
ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES,
DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO;
(THE User AGREES TO INDEMNIFY SSLStar PURSUANT TO SECTION 11 HEREOF FOR ANY AND
ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION
WITH REGARD TO USE OF THE SERVICE);
HIGH RISK ACTIVITIES. THE SSLStar SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED,
MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN
THE OPERATION OF NUCLEAR FACILITIES, A IRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH
THE FAILURE OF SSLStar COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER
DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, SSLStar AND ITS AFFILIATES,
AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY
NOTIFICATION SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
IN SUCH JURISDICTIONS, SSLStar's LIABILITY (AND THE LIABILITY OF ITS AFFILIATES,
AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY APPLICABLE LAW.
7. THIRD PARTY BENEFICIARIES
Notwithstanding anything to the contrary contained herein, the provisions for "No
Warranties and Liabilities" set forth in Section 9 herein are for the benefit of
SSLStar and its affiliates, agents, content providers and service providers and
each shall have the right to assert and enforce such provisions directly on its
own behalf.
8. INDEMNIFICATION
The failure of either party to exercise in any respect any right provided for herein
will not be deemed a waiver of any further rights hereunder. If any provision of
this Service Agreement is found to be unenforceable or invalid, that provision will
be limited or eliminated to the minimum extent necessary so that this Service Agreement
will otherwise remain in full force and effect and enforceable. In this Agreement,
any reference to the singular includes the plural and vice versa, any reference
to natural persons includes legal persons and vice versa and any reference to a
gender includes the other genders. No agency, partnership, joint venture, or employment
is created as a result of this Service Agreement and the User does not have any
authority of any kind to bind SSLStar in any respect whatsoever. In any action or
proceeding to enforce rights under this Service Agreement, the prevailing party
will be entitled to recover costs and attorneys' fees. All notices under this Service
Agreement will be in writing and will be deemed to have been duly given when received,
if personally delivered; when receipt is electronically confirmed, if transmitted
by facsimile or e-mail; the day after it is sent, if sent for next day delivery
by recognized overnight delivery service; and upon receipt, if sent by certified
or registered mail, return receipt requested. These terms and conditions constitute
the whole agreement between SSLStar and the User and no party shall be bound by
any undertakings, representations, warranties, promises or the like not recorded
herein.
9. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein
will not be deemed a waiver of any further rights hereunder. If any provision of
this Service Agreement is found to be unenforceable or invalid, that provision will
be limited or eliminated to the minimum extent necessary so that this Service Agreement
will otherwise remain in full force and effect and enforceable. In this Agreement,
any reference to the singular includes the plural and vice versa, any reference
to natural persons includes legal persons and vice versa and any reference to a
gender includes the other genders. This Agreement shall be governed by and construed
and interpreted in accordance with the law of the Commonwealth of Australia. No
agency, partnership, joint venture, or employment is created as a result of this
Service Agreement and the User does not have any authority of any kind to bind eWAY
Certificates in any respect whatsoever. In any action or proceeding to enforce rights
under this Service Agreement, the prevailing party will be entitled to recover costs
and attorneys' fees. All notices under this Service Agreement will be in writing
and will be deemed to have been duly given when received, if personally delivered;
when receipt is electronically confirmed, if transmitted by facsimile or e-mail;
the day after it is sent, if sent for next day delivery by recognized overnight
delivery service; and upon receipt, if sent by certified or registered mail, return
receipt requested. These terms and conditions constitute the whole agreement between
eWAY Certificates and the User and no party shall be bound by any undertakings,
representations, warranties, promises or the like not recorded herein.
10. SSLStar SPECIFIC TERMS & CONDITIONS
IMPORTANT: BY PLACING SSLStar PRODUCTS ON A WEBSITE AND/OR ACCESSING ANY PART OF
THE SSLStar SERVICE THE User IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS
SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE
AGREEMENT. SHOULD THE User NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE
AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/ SHE/ IT SHOULD
CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS WILL, AND
AGREEING TO STOP ALL USE OF THE SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO
USE THE SERVICE.
IF THE User IS DEEMED TO HAVE ORDERED THE SERVICE, SSLStar's ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT,
TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY SSLStar,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
THE User AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING
AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT-SPECIFIC TERMS AND CONDITIONS,
AND GENERAL TERMS AND CONDITIONS, THE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL
APPLY.