Your Representations and Warranties. You represent, warrant, and covenant that: • You are entering into this Agreement in Your professional capacity for trade, business, or professional purposes only, as a specialized services provider (if You are a Supplier), or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
Appears in 2 contracts
Samples: End User Service Agreement, End User Service Agreement
Your Representations and Warranties. You representrepresent and warrant to GeoTrust and anyone who relies on your Certificate that (i) all the information you provide and all the representations you make to GeoTrust in your Certificate Application are accurate; (ii) you will inform GeoTrust if the information you provided and all the representations you made to GeoTrust in your Certificate Application changed or is no longer valid; (iii) no Certificate information you provided (including your e-mail address) infringes the intellectual property rights of any third parties; (iv) the Certificate Application information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key and no unauthorized person has had or will have access to your private key; (vi) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase, warrantPIN, software, or hardware mechanism protecting your private key and no unauthorized person has had or will have access to the same; (vii) you will use your Certificate exclusively for authorized and legal purposes consistent with this Subscriber Agreement; (viii) you will use your Certificate as an end-user Subscriber and not as a Certification Authority issuing Certificates, certification revocation lists, or otherwise; (ix) each digital signature created using your private key is your digital signature, and covenant that: • You are entering into the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; and (x) you manifest assent to this Subscriber Agreement in Your professional capacity for tradeas a condition of obtaining a Certificate; and (xi) you will not monitor, businessinterfere with, or professional purposes only, as a specialized services provider reverse engineer (if You are a Supplier), or as an operator in save to the field for which You seek a Supplier (if You are a Client), and extent that you can not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts be prohibited from so doing under applicable law on behalf law) the technical implementation of the entity You represent. • You agree not to: o uploadGeoTrust PKI, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission approval from GeoTrust, and shall not otherwise intentionally compromise the security of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt the GeoTrust PKI. You further represent and warrant that you have sufficient information to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect make an informed decision as to the Site extent to which you choose to rely on the information in a digital certificate issued within the GeoTrust PKI, that you are solely responsible for deciding whether or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information not to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (rely on such as inside information, proprietary and confidential information learned or disclosed that you shall bear the legal consequences of your failure to perform any obligations you might have as part of employment relationships or a Relying Party under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;Relying Party Agreement.
Appears in 2 contracts
Samples: Geotrust SSL Certificate Subscriber Agreement, Subscriber Agreement
Your Representations and Warranties. You representrepresent and warrant to the Company that:
(a) The execution, warrant, delivery and covenant that: • You are entering into performance by you of this Agreement does not conflict with or result in Your professional capacity for trade, businessa violation or breach of, or professional purposes onlyconstitute (with or without notice or lapse of time or both) a default under any contract, as a specialized services provider (if You agreement or understanding, whether oral or written, to which you are a Supplier)party or of which you or should be aware and that there are no restrictions, covenants, agreements or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, limitations on his right or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into and perform the terms of this Agreement Agreement, and agrees to indemnify and save the Company and its affiliates harmless from any liability, cost or expense, including attorney’s fees, based upon or arising out of any such restrictions, covenants, agreements, or limitations that may be found to exist;
(b) You are under no physical or mental disability that would hinder your performance of duties under this Agreement;
(c) Except as set forth in Appendix C attached hereto, you are not party to any ongoing civil or criminal proceedings, and have not been party such proceedings within the past ten years, and do not know of any such proceeding that may be threatened or pending against you; and
(d) You are not currently engaged in activities and will not knowingly engage in future activities that may cause embarrassment to the Company or tarnish the reputation or public image of the Company, including but not necessarily limited to association with or party to: any criminal behavior(s) such as drug use, theft, or any other potential or active violation of law; political controversy, civil disobedience, or public protest; lewd, lascivious behavior.
(e) During your employment with the Company, you will promptly, fully and frankly disclose to the Company in writing:
(i) the nature and extent of any interest you or your Affiliates (as hereinafter defined) have or may have, directly or indirectly, in any contract or transaction or proposed contract or transaction of or with the Company or any subsidiary or affiliate of the Company;
(ii) every office you may hold or acquire, and every property you or your Affiliates may possess or acquire, whereby directly or indirectly a duty or interest might be created in conflict with the interests of the Company or your duties and obligations under this Agreement;
(iii) the nature and extent of any conflict referred to in subsection (b) above; and
(iv) You acknowledge that it is the policy of the Company that all interests and conflicts of the sort described herein be avoided, and you agree to comply with all policies and directives of the Board from time to time regulating, restricting or prohibiting circumstances giving rise to interests or conflicts of the sort described herein. During your employment with the Company, without Board approval, in its terms; • You will use the Avetta Services and Site for lawful purposes only and sole discretion, you shall not enter into any agreement, arrangement or understanding with any other person or entity that would in accordance any way conflict or interfere with this Agreement or your duties or obligations under this Agreement or that would otherwise prevent you from performing your obligations hereunder, and all applicable lawsyou represent and warrant that you or your Affiliates have not entered into any such agreement, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit arrangement or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;understanding.
Appears in 2 contracts
Samples: Employment Agreement (Phytomedical Technologies Inc), Employment Agreement (Phytomedical Technologies Inc)
Your Representations and Warranties. You representrepresent and warrant to Thawte and Relying Parties that (i) all information material to the issuance of a Certificate you provide to Thawte in your Certificate Application is accurate; (ii) you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, warrantor any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and covenant that: • You are entering into no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement in Your professional capacity for tradeas a condition of obtaining a Certificate; and (x) you will not monitor, businessinterfere with, or professional purposes only, as a specialized services provider reverse engineer (if You are a Supplier), or as an operator in save to the field for which You seek a Supplier (if You are a Client), and extent that you can not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts be prohibited from so doing under applicable law on behalf law) the technical implementation of the entity You represent. • You agree not to: o uploadThawte PKI, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission approval from Thawte, and shall not otherwise intentionally compromise the security of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt the Thawte PKI. You further represent and warrant that you have sufficient information to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect make an informed decision as to the Site extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information not to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (rely on such as inside information, proprietary and confidential information learned or disclosed that you shall bear the legal consequences of your failure to perform any obligation you might have as part of employment relationships or a Relying Party under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;Relying Party Agreement.
Appears in 2 contracts
Samples: SSL Certificate Subscriber Agreement, SSL Certificate Subscriber Agreement
Your Representations and Warranties. You representrepresent and warrant to Company and Relying Parties that (i) all information material to the issuance of a Certificate you provide to Company in your Certificate Application is accurate and complete; (ii) you will inform Company if the representations you made to Company in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you, warrantor someone explicitly authorized by you, have been (since the time of its creation) and will remain the only person(s) possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and covenant that: • You are entering into no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and lawful purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement in Your professional capacity for tradeas a condition of obtaining a Certificate; and (x) you will not monitor, businessinterfere with, or professional purposes only, as a specialized services provider reverse engineer (if You are a Supplier), or as an operator in save to the field for which You seek a Supplier (if You are a Client), and extent that you cannot for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts be prohibited from so doing under applicable law on behalf law) the technical implementation of the entity You represent. • You agree not to: o uploadPKI, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission approval from Company, and shall not otherwise intentionally compromise the security of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt the PKI. You further represent and warrant that you have sufficient information to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect make an informed decision as to the Site extent to which you choose to rely on a digital certificate issued within the PKI, that you are solely responsible for deciding whether or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information not to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (rely on such as inside information, proprietary and confidential information learned or disclosed as part that you shall bear the legal consequences of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available your failure to perform any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;obligation
Appears in 1 contract
Samples: SSL Certificate Subscriber Agreement
Your Representations and Warranties. In addition to the representations and warranties in the CP and CPS, you represent and warrant to us and, as applicable, Relying Parties that:
(a) All material information you provide to us in your Certificate Application or related to the issuance of a Certificate to you is accurate, complete and up to date. You representwill notify us if any information you provide to us in your Certificate Application or related to the issuance of a Certificate to you changes, warrantbecomes misleading or inaccurate, or is no longer valid. The information you provide to us in your Certificate Application does not infringe the intellectual property rights of any third party and has not been used for any unlawful purpose. You will promptly cease using and request revocation of any Certificate if the data included therein has become inaccurate or misleading.
(b) You will not install or use a Certificate until after you have reviewed and verified the accuracy of the data included in the Certificate. You will promptly notify us if you become aware of any misuse of a Certificate. You will ensure that you, or someone explicitly authorized by you, have been and remain the only person(s) in possession of your Private Key and all materials and information protecting your Private Key, and covenant that: • You are entering into this Agreement in Your professional capacity for trade, business, no unauthorized person has had or professional purposes only, as a specialized services provider will have access to such materials and information.
(if You are a Supplier), or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • c) You will use the Avetta Services and Site for lawful purposes only Certificates in compliance with all applicable laws and in accordance with this Agreement and all any applicable lawsstandards as an end user and not as a Certificate Authority to issue certificates, regulations certificate revocation lists, or otherwise. Each digital signature created using your Private Key is the Subscriber’s digital signature, and policies; • the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created. You will only use not interfere with or reverse engineer the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by technical implementation of the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts PKI (unless you cannot be prohibited from doing so under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation law) except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission approval of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompileATS, reverse and will not otherwise compromise the security of the PKI.
(d) You will not modify, reverse-engineer, disassemble sublicense or hack create a derivative work of any Certificate (except as required to use the Site Certificate for its intended purpose), Private Key and will not (i) use or make any representations about a Certificate except as allowed in the Avetta ServicesCPS, (ii) use a Certificate to sign or to defeat distribute any software, file or overcome any encryption technology code that may damage the operation of a third party’s computer or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, downloaded without a user’s consent or household purposes o upload, post, email, transmit or otherwise make available any Content (c) intentionally create a Private Key that You do not have a right is substantially similar to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;an ATS Private Key.
Appears in 1 contract
Samples: Certificate Subscriber Agreement
Your Representations and Warranties. You representrepresent and warrant to Company and Relying Parties that (i) all information material to the issuance of a Certificate you provide to Company in your Certificate Application is accurate and complete; (ii) you will inform Company if the representations you made to Company in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you, warrantor someone explicitly authorized by you, have been (since the time of its creation) and will remain the only person(s) possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and covenant that: • You are entering into no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authori- zed and lawful purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature crea- xxx using your private key is the Subscriber‘s digital signature, and the Certificate has been accepted and is operatio- nal (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement in Your professional capacity for tradeas a condition of obtaining a Certificate; and (x) you will not monitor, businessinterfere with, or professional purposes only, as a specialized services provider reverse engineer (if You are a Supplier), or as an operator in save to the field for which You seek a Supplier (if You are a Client), and extent that you cannot for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts be prohibited from so doing under applicable law on behalf law) the technical implementation of the entity You represent. • You agree not to: o uploadPKI, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission approval from Company, and shall not otherwise intentionally compromise the security of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt the PKI. You further represent and warrant that you have sufficient information to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect make an informed decision as to the Site extent to which you choose to rely on a digital certificate issued within the PKI, that you are solely responsible for deciding whether or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information not to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (rely on such as inside information, proprietary and confidential information learned or disclosed that you shall bear the legal consequences of your failure to perform any obligation you might have as part of employment relationships or a Relying Party under nondisclosure agreements); o uploadthe applicable Relying Party Agreement. If your Services include malware and/or vulnerability assessment, post, email, transmit or otherwise make available any Content you further represent and warrant to Company that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed (xi) you have the corporate power and authority to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected give Company consent to or operated proceed with the Siteassessment; if your website is managed and/or hosted by a third-party service provider, or disobey any requirements, procedures, policies or regulations of networks connected you warrant that you have obtained the consent and authorization from the service provider necessary for Company to or operated with perform the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;assessment.
Appears in 1 contract
Samples: SSL Certificate Subscriber Agreement
Your Representations and Warranties. You representrepresent and warrant to the Company that:
(a) The execution, warrant, delivery and covenant that: • You are entering into performance by you of this Agreement does not conflict with or result in Your professional capacity for trade, businessa violation or breach of, or professional purposes onlyconstitute (with or without notice or lapse of time or both) a default under any contract, as a specialized services provider (if You agreement or understanding, whether oral or written, to which you are a Supplier)party or of which you or should be aware and that there are no restrictions, covenants, agreements or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, limitations on his right or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into and perform the terms of this Agreement Agreement, and agrees to indemnify and save the Company and its affiliates harmless from any liability, cost or expense, including attorney’s fees, based upon or arising out of any such restrictions, covenants, agreements, or limitations that may be found to exist;
(b) You are under no physical or mental disability that would hinder your performance of duties under this Agreement;
(c) Except as set forth in Appendix C attached hereto, you are not party to any ongoing civil or criminal proceedings, and have not been party such proceedings within the past ten years, and do not know of any such proceeding that may be threatened or pending against you; and
(d) You are not currently engaged in activities and will not knowingly engage in future activities that may cause embarrassment to the Company or tarnish the reputation or public image of the Company, including but not necessarily limited to association with or party to: any criminal behavior(s) such as drug use, theft, or any other potential or active violation of law; political controversy, civil disobedience, or public protest; lewd, lascivious behavior.
(e) During your employment with the Company, you will promptly, fully and frankly disclose to the Company in writing:
(i) the nature and extent of any interest you or your Affiliates (as hereinafter defined) have or may have, directly or indirectly, in any contract or transaction or proposed contract or transaction of or with the Company or any subsidiary or affiliate of the Company;
(ii) every office you may hold or acquire, and every property you or your Affiliates may possess or acquire, whereby directly or indirectly a duty or interest might be created in conflict with the interests of the Company or your duties and obligations under this Agreement;
(iii) the nature and extent of any conflict referred to in subsection (b) above; and
(iv) You acknowledge that it is the policy of the Company that all interests and conflicts of the sort described herein be avoided, and you agree to comply with all policies and directives of the Board from time to time regulating, restricting or prohibiting circumstances giving rise to interests or conflicts of the sort described herein. During your employment with the Company, without Board approval, in its terms; • You will use the Avetta Services and Site for lawful purposes only and sole discretion, you shall not enter into any agreement, arrangement or understanding with any other person or entity that would in accordance any way conflict or interfere with this Agreement or your duties or obligations under this Agreement or that would otherwise prevent you from performing your obligations hereunder, and all applicable lawsyou represent and warrant that you or your Affiliates have not entered into any such agreement, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;arrangement or
Appears in 1 contract
Samples: Employment Agreement (Phytomedical Technologies Inc)
Your Representations and Warranties. In addition to the representations and warranties in the CP and CPS, you represent and warrant to us and, as applicable, Relying Parties that:
(a) All material information you provide to us in your Certificate Application or related to the issuance of a Certificate to you is accurate, complete and up to date. You representwill notify us if any information you provide to us in your Certificate Application or related to the issuance of a Certificate to you changes, warrantbecomes misleading or inaccurate, or is no longer valid. The information you provide to us in your Certificate Application does not infringe the intellectual property rights of any third party and has not been used for any unlawful purpose. You will promptly cease using and request revocation of any Certificate if the data included therein has become inaccurate or misleading.
(b) You will not install or use a Certificate until after you have reviewed and verified the accuracy of the data included in the Certificate. You will promptly notify us if you become aware of any misuse of a Certificate. You will ensure that you, or someone explicitly authorized by you, have been and remain the only person(s) in possession of your Private Key and all materials and information protecting your Private Key, and covenant that: • You are entering into this Agreement in Your professional capacity for trade, business, no unauthorized person has had or professional purposes only, as a specialized services provider will have access to such materials and information.
(if You are a Supplier), or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • c) You will use the Avetta Services and Site for lawful purposes only Certificates in compliance with all applicable laws and in accordance with this Agreement and all any applicable lawsstandards as an end user and not as a Certificate Authority to issue certificates, regulations certificate revocation lists, or otherwise. Each digital signature created using your Private Key is the Subscriber’s digital signature, and policies; • the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created. You will only use not interfere with or reverse engineer the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by technical implementation of the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts PKI (unless you cannot be prohibited from doing so under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation law) except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission approval of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompileATS, reverse engineer, disassemble or hack and will not otherwise compromise the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmittedPKI.
(d) You will not modify, processed reverse-‐engineer, sublicense or stored by Avetta; o change Your Payment Account information create a derivative work of any Certificate (except as required to include use the Certificate for its intended purpose), Private Key and will not (i) use or make any credit card representations about a Certificate except as allowed in the CPS, (ii) use a Certificate to sign or bank account distribute any software, file or code that may damage the operation of a third party’s computer or that is established by You primarily for personal, family, downloaded without a user’s consent or household purposes o upload, post, email, transmit or otherwise make available any Content (c) intentionally create a Private Key that You do not have a right is substantially similar to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;an ATS Private Key.
Appears in 1 contract
Samples: Certificate Subscriber Agreement
Your Representations and Warranties. You represent, warrantrepresent and warrant to us and to all Relying Parties as follows:
(i) You agree that the requirements of this Agreement are a condition of obtaining a Certificate;
(ii) All information material to the issuance of a Certificate that you provide to us in any Certificate Request and as otherwise required by us will be accurate and complete;
(iii) You will review and verify the contents of all Certificates for accuracy before first use and specifically you will not install and use an EV Certificate until you have reviewed and verified the accuracy of all data in each EV Certificate;
(iv) You will cease using a Certificate and its associated Private Key, and covenant promptly request us to revoke a Certificate, in the event that: • You are entering into this Agreement (a) any information in Your professional capacity for trade, businessthe Certificate is, or professional purposes onlybecomes, as a specialized services provider (if You are a Supplier)incorrect or inaccurate, or as an operator (b) there is any actual or suspected misuse or compromise of the Private Key associated with the Public Key included in the field for which Certificate;
(v) The Certificate information you provide (including your e-mail address) in any Certificate Request does not infringe the Intellectual Property Rights of any third party;
(vi) You seek a Supplier (if You are a Client)will take all reasonable measures to maintain sole control of, keep confidential, and not for your personal, family, properly protect at all times the Private Key that corresponds to the Public Key to be included in any requested Certificate and any associated activation data or household purposes; • device (e.g. password or token);
(vii) You will install Certificates only on servers that are accessible at the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposesdomain names listed in the Certificate, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only Certificate solely in compliance with all applicable laws and in accordance with this Subscriber Agreement and all applicable lawsour Certification Practice Statement (CPS);
(viii) Each digital signature created using your private key is your digital signature, regulations and policies; • each Certificate you use has been accepted and is operational (not expired or revoked) at the time each digital signature is created;
(ix) You will only promptly cease using a Certificate and its associated Private Key and promptly request us to revoke the Certificate in the event that there is any actual or suspected misuse or compromise of your Private Key associated with the Public Key included in the Certificate;
(x) You will promptly cease all use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law on behalf of the entity Private Key corresponding to the Public Key included in a Certificate upon revocation of that Certificate for reasons of key compromise;
(xi) You represent. • will respond to our instructions concerning private key compromise or Certificate misuse within the period specified; and
(xii) You agree not to: o uploadacknowledge and accept that we are entitled to revoke a Certificate immediately if you violate the terms of this Subscriber Agreement or if we discover that a Certificate is being used to enable criminal activities such as phishing attacks, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hatefulfraud, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin distribution of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;malware.
Appears in 1 contract
Samples: Trend Micro SSL Subscriber Agreement
Your Representations and Warranties. You represent, warrantAs of the date hereof, and covenant as of the date of each Transaction, you represent and warrant to NBN BROKER and agree for the benefit of NBN BROKER, its Affiliates and their respective Representatives that: • You you have read all the documents provided to you in connection with Services and Platform and you understand and agree that your relationship with NBN BROKER will be governed by these documents as amended from time to time; you must not apply to register on the Platform in order to create Personal Cabinet or commence trading with us if you are entering into this Agreement in Your professional capacity for trade, business, unsure as to how our Services or professional purposes only, as a specialized services provider (if You are a Supplier), Platform operate or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposesnature of the risks involved; • execution (by electronic acceptance or other means via the Payment Account information You have provided to Us is for an account established and used solely for business Platform or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into email) of this Agreement and all Transactions contemplated hereunder and performance of all obligations contemplated under this Agreement have been duly authorized by all necessary action by you; and each Person executing this Agreement (or authorized to comply accept its terms electronically or otherwise) and entering into each Transaction hereunder on your behalf has been duly authorized to do so; • all information provided by you to NBN BROKER at any time, including but not limited to the information provided in your Personal Cabinet, is in all material respects true, accurate and not misleading; • this Agreement and each Transaction constitutes a legal, valid and binding obligation on you, enforceable against you in accordance with its terms; • You execution by you of this Agreement and entering into each Transaction contemplated hereunder, and performance of all of your obligations under this Agreement and your use of the Platform including entering into each Transaction contemplated hereunder, will use not violate any applicable Law; • you are able to make or take delivery (as applicable) of the Avetta Services and Site for lawful purposes only and full amount of Funds required to be delivered under each Transaction in accordance with this Agreement and all applicable laws, regulations and policiesthe terms of such Transaction; • You you have obtained, and will only comply with the terms and conditions of, all licenses, consents, registrations, authorizations, recognitions, exemptions and memberships necessary for your activities on and use of the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by Platform, including entering into Transactions with NBN BROKER via the computer's and/or mobile phone's ownerPlatform; • the information that You provide is truthful you possess sophistication, expertise and accurate knowledge necessary to make informed decisions in respect of Transactions and You have the right you will not rely on any communication or statement (written or verbal) by NBN BROKER as on investment advice or as on recommendation to provide such informationenter into any Transaction; • You areyou will exercise your own prudence, at minimum, judgement and discretion in determining whether to enter into a Transaction or otherwise transact on the age of majority in your jurisdiction of residence Platform; • you (or the Person accessing the Platform) are acting as principal and You are an individual who is capable to form legally binding contracts under applicable law not on behalf of any third party, unless you are the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation Representative of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;User.
Appears in 1 contract
Samples: User Agreement
Your Representations and Warranties. You represent, represent and warrant: (i) that you will comply with all federal and state laws, and covenant that: • You are entering into this Agreement in Your professional capacity rules and regulations applicable to Mobile Deposit transactions, including those of the National Automated Clearing House for trade, business, or professional purposes onlyACH transactions, as a specialized services provider well as all laws pertaining to the conduct of your business if applicable; (if You ii) that all Checks imaged through Mobile Deposit are a Supplier), or as an operator in made payable to you; (iii) that all signatures on each check are authentic and authorized; (iv) that each check has not been altered; (v) that you will only transmit acceptable items for deposit and have handled the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and original items in accordance with this Agreement and all applicable laws, regulations rules and policiesregulations; • You (vi) that each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without alteration, and the drawer of the check has no defense against payment of the check, (vii) that the amount, the payee, and endorsement(s) on the original check are legible, genuine, and accurate; (viii) that you will only use not deposit or otherwise endorse to a third party the Avetta Services original item (the original check) and Site no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on a computer and/or mobile phone on which such use is an item the Credit Union has already paid; (ix) that other than the digital image of an original check that you remotely deposit through our Services, there are no other duplicate images of the original check; (x) that you have instituted procedures to ensure that each original check was authorized by the computer's and/or mobile phone's ownerdrawer in the amount stated on the original check and to the payee stated on the original check; • the information (xi) that You provide is truthful and accurate and You have the right you are authorized to provide such information; • You are, at minimum, the age enforce each item transmitted or you are authorized to obtain payment of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law each item on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entityentitled to enforce such transmitted item; o forge headers or otherwise manipulate identifiers (xii) that the information you provided in order to disguise your Application remains true and correct and, in the origin of event any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o causesuch information changes, permit or authorize the modification, creation of derivative works, or translation you will immediately notify us of the Avetta Services or Site without the prior written permission of Avettachange; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt (xiii) that you have not knowingly failed to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome communicate any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account material information to include any credit card or bank account us; (xiv) that is established by You primarily you have possession of each original check deposited using the Services and no party will submit the original check for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)payment; o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;and
Appears in 1 contract
Your Representations and Warranties. You represent, warrantAs of the date hereof, and covenant as of the date of each Transaction, you represent and warrant to FORA TRADE and agree for the benefit of FORA TRADE, its Affiliates and their respective Representatives that: • You you have read all the documents provided to you in connection with Services and Platform and you understand and agree that your relationship with FORA TRADE will be governed by these documents as amended from time to time; you must not apply to register on the Platform in order to create Personal Cabinet or commence trading with us if you are entering into this Agreement in Your professional capacity for trade, business, unsure as to how our Services or professional purposes only, as a specialized services provider (if You are a Supplier), Platform operate or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposesnature of the risks involved; • execution (by electronic acceptance or other means via the Payment Account information You have provided to Us is for an account established and used solely for business Platform or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into email) of this Agreement and all Transactions contemplated hereunder and performance of all obligations contemplated under this Agreement have been duly authorized by all necessary action by you; and each Person executing this Agreement (or authorized to comply accept its terms electronically or otherwise) and entering into each Transaction hereunder on your behalf has been duly authorized to do so; • all information provided by you to FORA TRADE at any time, including but not limited to the information provided in your Personal Cabinet, is in all material respects true, accurate and not misleading; • this Agreement and each Transaction constitutes a legal, valid and binding obligation on you, enforceable against you in accordance with its terms; • You execution by you of this Agreement and entering into each Transaction contemplated hereunder, and performance of all of your obligations under this Agreement and your use of the Platform including entering into each Transaction contemplated hereunder, will use not violate any applicable Law; • you are able to make or take delivery (as applicable) of the Avetta Services and Site for lawful purposes only and full amount of Funds required to be delivered under each Transaction in accordance with this Agreement and all applicable laws, regulations and policiesthe terms of such Transaction; • You you have obtained, and will only comply with the terms and conditions of, all licenses, consents, registrations, authorizations, recognitions, exemptions and memberships necessary for your activities on and use of the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by Platform, including entering into Transactions with FORA TRADE via the computer's and/or mobile phone's ownerPlatform; • the information that You provide is truthful you possess sophistication, expertise and accurate knowledge necessary to make informed decisions in respect of Transactions and You have the right you will not rely on any communication or statement (written or verbal) by FORA TRADE as on investment advice or as on recommendation to provide such informationenter into any Transaction; • You areyou will exercise your own prudence, at minimum, judgement and discretion in determining whether to enter into a Transaction or otherwise transact on the age of majority in your jurisdiction of residence Platform; • you (or the Person accessing the Platform) are acting as principal and You are an individual who is capable to form legally binding contracts under applicable law not on behalf of any third party, unless you are the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation Representative of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;User.
Appears in 1 contract
Samples: User Agreement
Your Representations and Warranties. In addition to the representations and warranties in the CP, CPS and Customer Agreement, you represent and warrant to us and, as applicable, Relying Parties that:
(a) All material information you provide to us in your Certificate Application or related to the issuance of a Certificate to you is accurate, complete and up to date. You representwill notify us if any information you provide to us in your Certificate Application or related to the issuance of a Certificate to you changes, warrantbecomes misleading or inaccurate, or is no longer valid. The information you provide to us in your Certificate Application does not infringe the intellectual property rights of any third party and has not been used for any unlawful purpose. You will promptly cease using and request revocation of any Certificate if the data included therein has become inaccurate or misleading.
(b) You will not install or use a Certificate until after you have reviewed and verified the accuracy of the data included in the Certificate. You will promptly notify us if you become aware of any misuse of a Certificate. You will ensure that you, or someone explicitly authorized by you, have been and remain the only person(s) in possession of your Private Key and all materials and information protecting your Private Key, and covenant that: • You are entering into this Agreement in Your professional capacity for trade, business, no unauthorized person has had or professional purposes only, as a specialized services provider will have access to such materials and information.
(if You are a Supplier), or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • c) You will use the Avetta Services and Site for lawful purposes only Certificates in compliance with all applicable laws and in accordance with this Agreement agreement and all any applicable lawsstandards as an end user and not as a Certificate Authority to issue certificates, regulations certificate revocation lists, or otherwise. Each digital signature created using your Private Key is the Subscriber’s digital signature, and policies; • the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created. You will only use not interfere with or reverse engineer the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by technical implementation of the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts PKI (unless you cannot be prohibited from doing so under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation law) except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission approval of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompileAWS, reverse and will not otherwise compromise the security of the PKI.
(d) You will not modify, reverse-engineer, disassemble sublicense or hack create a derivative work of any Certificate (except as required to use the Site Certificate for its intended purpose), Private Key and will not (i) use or make any representations about a Certificate except as allowed in the Avetta ServicesCPS, (ii) use a Certificate to sign or to defeat distribute any software, file or overcome any encryption technology code that may damage the operation of a third party’s computer or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, downloaded without a user’s consent or household purposes o upload, post, email, transmit or otherwise make available any Content (c) intentionally create a Private Key that You do not have a right is substantially similar to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;an AWS Private Key.
Appears in 1 contract
Samples: Certificate Subscriber Agreement
Your Representations and Warranties. You representMember Business represents, warrantwarrants, and covenant covenants that: • You Member Business shall only deposit Checks that are entering into authorized by this Agreement, the RULES, Procedures and the Deposit Agreement; Each Image transmitted by Member Business to CREDIT UNION contains an accurate representation of the front and back of each Check and complies with the requirements of this Agreement; All data and other information submitted by Member Business to CREDIT UNION, including, but not limited, to data contained in the MICR line of each Check is complete and accurate and complies with requirements of this Agreement; Member Business is not a consumer, and Remote Deposit shall be used for business purposes only; Member Business will not: (a) create duplicate Images of the Checks, (b) transmit a duplicate Image or Deposit to CREDIT UNION, or (c) deposit or otherwise negotiate the original of any Check of which an Image was created. Member Business further warrants that no subsequent transferee, including but not limited to CREDIT UNION, a collecting or returning bank, drawer, drawee, payee, or endorser will be asked to pay the original Item from which the Image(s) was created or a duplication (whether paper or electronic) of the Item(s); No Subsequent transferees of the Item(s), including but not limited to CREDIT UNION, a collecting or returning bank, drawer, drawee, payee, or endorser shall sustain a loss as the result of the fact that the Image was presented for payment or returned instead of the original Check; All information provided by Member Business to CREDIT UNION is true, complete, and accurate and properly reflects the business, financial condition and principal partners, owners or officers, of Member Business. Member Business is not engaged in, or affiliated with, any businesses, products, or methods of selling other than those disclosed by Member Business to CREDIT UNION; As to Authority and Legality; (a) The individuals signing this Agreement in Your professional capacity for trade, business, or professional purposes only, as a specialized services provider (if You are a Supplier), or as an operator in authorized signers of the field for which You seek a Supplier (if You are a Client)Member Business, and not for your personal, family, or household purposes; • the Payment Account information You have provided been granted proper authority by this Organization to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into execute this Agreement on behalf of this Organization; (b) this Agreement is valid and to comply enforceable against Member Business in accordance with its terms; • You and (c) the entry into, and performance of, this Agreement by Member Business will use the Avetta Services not violate any law, or conflict with any other agreement, to which Member Business is subject; There is no action, suit, or proceeding pending or, to Member Business’s knowledge, threatened which, if decided adversely, would impair Member Business’s ability to carry on its business substantially as now conducted or which would adversely affect Member Business’s financial condition or operations. All Checks and Site for lawful purposes only business transactions of Member Business are, and will be, bona fide. All signatures on Checks are authentic and authorized. Member Business conducts its business, and submits Checks and Deposits in accordance compliance with this Agreement Agreement, the Procedures, applicable law, and the Rules. Member Business further warrants that the Credit Union shall not sustain a loss as a result of returned items, and agrees that Member Business is responsible for paying any and all applicable laws, regulations and policies; • You will only use the Avetta Services and Site on a fees associated with said returned items. No Deposits or Checks contain any computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit viruses or otherwise make available any Content that is false, misleading, unlawful, other harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hatefulintrusive, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;invasive codes.
Appears in 1 contract
Samples: Remote Deposit Agreement
Your Representations and Warranties. In addition to the representations and warranties in the CP and CPS, you represent and warrant to us and, as applicable, Relying Parties that:
(a) All material informationyou provide to us in your Certificate Application or related to the issuance of a Certificate to you is accurate, complete and up to date. You representwill notify us if any information you provide to us in your Certificate Application or related to the issuance of a Certificate to you changes, warrantbecomes misleading or inaccurate, or is no longer valid. The information you provide to us in your Certificate Application does not infringe the intellectual property rights of any third party and has not been used for any unlawful purpose. You will promptly cease using and request revocation of any Certificate if the data included therein has become inaccurate or misleading.
(b) You will not install or use a Certificate until after you have reviewed and verified the accuracy of the data included in the Certificate. You will promptly notify us if you become aware of any misuse of a Certificate. You will ensure that you, or someone explicitlyauthorized by you, have been and remain the only person(s) in possession of your Private Key and all materials and information protecting your Private Key, and covenant that: • You are entering into this Agreement in Your professional capacity for trade, business, no unauthorized person has had or professional purposes only, as a specialized services provider will have access to such materials and information.
(if You are a Supplier), or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • c) You will use the Avetta Services and Site for lawful purposes only Certificates in compliance with all applicable laws and in accordance with this Agreement and all any applicable lawsstandards as an end user and not as a Certificate Authority to issue certificates, regulations certificate revocation lists, or otherwise. Each digital signature created using your Private Key is the Subscriber’s digital signature, and policies; • the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created. You will only use not interfere with or reverse engineer the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by technical implementation of the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts PKI (unless you cannot be prohibited f romdoing so under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation law) except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission approval of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompileATS, reverse and will not otherwise compromise the security of the PKI.
(d) You will not modify, reverse-engineer, disassemble sublicense or hack create a derivative work of any Certificate (except as required to use the Site Certificate for its intended purpose), Private Key and will not (i) use or make any representations about a Certificate except as allowed in the Avetta ServicesCPS, (ii) use a Certificate to sign or to defeat distribute any software, file or overcome any encryption technology code that may damage the operation of a third party’s computer or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by downloaded without a user’s consent or (c) intentionally create a Private Key that is substantially similar to an ATS Private Key.
(e) You primarily acknowledge that the above warranties are for personal, family, the benefit of ATS and Relying Parties. “Relying Party” means an entity other than you that acts in reliance on a Certificate or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;Digital Signature.
Appears in 1 contract
Samples: Certificate Subscriber Agreement
Your Representations and Warranties. You represent, warrant, warrant and covenant that: • You are entering into this Agreement in Your professional capacity for trade(i) the organization or entity you may be acting on behalf of is duly organized, business, or professional purposes only, as a specialized services provider (if You are a Supplier), or as an operator in the field for which You seek a Supplier (if You are a Client)validly existing, and not for your personal, family, or household purposes; • in good standing under its jurisdiction of organization and has the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement these Staking Terms of Use, (ii) you have all requisite power and to authority to, and no other proceedings on its part are necessary to, execute and deliver these Staking Terms of Use, (iii) your performance of your duties and obligations under these Staking Terms of Use and in connection with your use of the Services and Website shall comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations rules, and policiesregulations; • You will only use (iv) you and the Avetta organization or entity you may be acting on behalf of are not located in a prohibited jurisdiction; (v) you have the full legal authority and right (a) to be bound to these Staking Terms of Use, and (b) to bind the organization or entity you may be acting on behalf of to these Staking Terms of Use; (vi) you have the right, title, and interest in and to the Digital Assets and you are the legal and beneficial owner of the Digital Assets; (vii) you have all the rights and requisite authority to submit or otherwise provide your Digital Assets, data or any other materials you provide under and in connection with these Staking Terms of Use; (viii) any assets, including Digital Assets subject to the Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's ownernot encumbered or restricted in any manner that would prohibit compliance with these Staking Terms of Use; • the information that You provide is truthful and accurate and You (ix) you have the right to access and use the Digital Wallet(s) used in connection with the Services; (x) you understand that the continued ability to provide such informationthe Services is dependent on many elements and you understand the risk involved with use of the Services, Website and Supported Blockchains; • You are, at minimum, (xi) you and the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law organization or entity you may be acting on behalf of are in compliance with all applicable laws and regulations; (xii) you and the organization or entity You represent. • You agree you may be acting on behalf of are not to: o uploadlisted by the U.S. Government, post, email, transmit any other government or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive legal authority as a prohibited or restricted party; (xiii) you and the organization or entity you may be acting on behalf of another's privacy, hatefulhave not been convicted of, or raciallyagreed to enter into a pretrial diversion or similar program in connection with the prosecution of, ethnically a criminal offense involving theft, dishonesty, breach of trust, money laundering, the illegal manufacture, sale, distribution of or otherwise objectionable; o use the Avetta Services or Site to harm minors trafficking in any way; o use the Avetta Services or Site to impersonate any person or entitycontrolled substances, or otherwise misrepresent Your affiliation with substantially equivalent activity in a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o causedomestic, permit or authorize the modification, creation of derivative worksmilitary, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulationforeign court;
Appears in 1 contract
Samples: Staking Terms of Use
Your Representations and Warranties. You represent, warrantAs of the date hereof, and covenant as of the date of each Transaction, you represent and warrant to MAXITBTC and agree for the benefit of MAXITBTC, its Affiliates and their respective Representatives that: • You are entering into this Agreement in Your professional capacity for trade, business, or professional purposes only, as a specialized services provider (if You are a Supplier), or as an operator in you have read all the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have documents provided to Us is for an account established you in connection with Services and used solely for business Platform and you understand and agree that your relationship with MAXITBTC will be governed by these documents as amended from time to time; you must not apply to register on the Platform in order to create Personal Cabinet or commercial purposes, and is not used for personal, family, commence trading with us if you are unsure as to how our Services or household purposesPlatform operate or the nature of the risks involved; • You possess execution (by electronic acceptance or other means via the legal right and ability to enter into Platform or email) of this Agreement and all Transactions contemplated hereunder and performance of all obligations contemplated under this Agreement have been duly authorized by all necessary action by you; and each Person executing this Agreement (or authorized to comply accept its terms electronically or otherwise) and entering into each Transaction hereunder on your behalf has been duly authorized to do so; all information provided by you to MAXITBTC at any time, including but not limited to the information provided in your Personal Cabinet, is in all material respects true, accurate and not misleading; this Agreement and each Transaction constitutes a legal, valid and binding obligation on you, enforceable against you in accordance with its terms; • You execution by you of this Agreement and entering into each Transaction contemplated hereunder, and performance of all of your obligations under this Agreement and your use of the Platform including entering into each Transaction contemplated hereunder, will use not violate any applicable Law; you are able to make or take delivery (as applicable) of the Avetta Services and Site for lawful purposes only and full amount of Funds required to be delivered under each Transaction in accordance with this Agreement the terms of such Transaction; you have obtained, and will comply with the terms and conditions of, all applicable lawslicenses, regulations consents, registrations, authorizations, recognitions, exemptions and policiesmemberships necessary for your activities on and use of the Platform, including entering into Transactions with MAXITBTC via the Platform; • You you possess sophistication, expertise and knowledge necessary to make informed decisions in respect of Transactions and you will only use not rely on any communication or statement (written or verbal) by MAXITBTC as on investment advice or as on recommendation to enter into any Transaction; you will exercise your own prudence, judgement and discretion in determining whether to enter into a Transaction or otherwise transact on the Avetta Services Platform; you (or the Person accessing the Platform) are acting as principal and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law not on behalf of any third party, unless you are the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation Representative of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;User.
Appears in 1 contract
Samples: User Agreement
Your Representations and Warranties. You representrepresent and warrant to us and to all Relying Parties and Application Software Suppliers as follows:
(i) You agree that the requirements of this Agreement are a condition of obtaining a Certificate;
(ii) All information material to the issuance of a Certificate that you provide to us in any Certificate Request and as otherwise required by us will be accurate and complete;
(iii) You will review and verify the contents of all Certificates for accuracy before first use and specifically you will not install and use an EV Certificate until you have reviewed and verified the accuracy of all data in each EV Certificate;
(iv) You have the legal authority to order and use (or to provide to a Parent, warrantSubsidiary, or Affiliate for use) Certificates (i) containing the Profile of any Parent, Subsidiary, or Affiliate of yours, or (ii) for any domain or IP address which is registered to any Parent, Subsidiary, or Affiliate of yours, and covenant that: • You you have authorized all Parents, Subsidiaries, or Affiliates of yours to do the same with your Profile and all domains and IP addresses that are entering into registered to you. In such event, you represent and warrant that all Parents, Subsidiaries, and Affiliates of yours shall be legally bound by the terms of this Agreement in Your professional capacity for tradeconnection with such Certificates
(v) You will cease using a Certificate and its associated Private Key, businessand promptly request us to revoke a Certificate, in the event that: (a) any information in the Certificate is, or professional purposes onlybecomes, as a specialized services provider (if You are a Supplier)incorrect or inaccurate, or as an operator (b) there is any actual or suspected misuse or compromise of the Private Key associated with the Public Key included in the field for which Certificate;
(vi) The Certificate information you provide (including your e-mail address) in any Certificate Request does not infringe the Intellectual Property Rights of any third party;
(vii) You seek a Supplier (if You are a Client)will take all reasonable measures to maintain sole control of, keep confidential, and not for your personal, family, properly protect at all times the Private Key that corresponds to the Public Key to be included in any requested Certificate and any associated activation data or household purposes; • device (e.g. password or token);
(viii) You will install Certificates only on servers that are accessible at the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposesdomain names listed in the Certificate, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only Certificate solely in compliance with all applicable laws and in accordance with this Agreement and all applicable lawsour Certification Practice Statement (CPS);
(ix) Each digital signature created using your private key is your digital signature, regulations and policies; • each Certificate you use has been accepted and is operational (not expired or revoked) at the time each digital signature is created;
(x) You will only promptly cease all use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law on behalf of the entity Private Key corresponding to the Public Key included in a Certificate upon revocation of that Certificate for reasons of key compromise;
(xi) You represent. • will respond to our instructions concerning private key compromise or Certificate misuse within the period specified; and
(xii) You agree not to: o uploadacknowledge and accept that we are entitled to revoke a Certificate immediately if you violate the terms of this Agreement or if we discover that a Certificate is being used to enable criminal activities such as phishing attacks, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hatefulfraud, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin distribution of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;malware.
Appears in 1 contract
Samples: Trend Micro SSL Extended Validation (Ev) Terms of Service
Your Representations and Warranties. You representrepresent and warrant to thawte and anyone who relies on your Certificate that (i) all the information you provide and all the representations you make to thawte in your Certificate Application are accurate; (ii) no Certificate information you provided (including your e-mail address) infringes the intellectual property rights of any third parties; (iii) the Certificate Application information you provided (including your email address) has not been and will not be used for any unlawful purpose; (iv) you have been (since the time of its creation) and will remain the only person possessing your private key and no unauthorized person has had or will have access to your private key; (v) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase, warrantPIN, software, or hardware mechanism protecting your private key and no unauthorized person has had or will have access to the same; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Subscriber Agreement; (vii) you will use your Certificate as an end-user Subscriber and not as a Certification Authority issuing Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is your digital signature, and covenant that: • You are entering into the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Subscriber Agreement in Your professional capacity for tradeas a condition of obtaining a Certificate; and (x) you will not monitor, businessinterfere with, or professional purposes only, as a specialized services provider (if You are a Supplier), or as an operator in reverse engineer the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law on behalf technical implementation of the entity You represent. • You agree not to: o uploadthawte PKI, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation except with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompileapproval from thawte, reverse engineer, disassemble or hack and shall not otherwise intentionally compromise the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or the Avetta Services, or any of the Avetta Services and/or data transmitted, processed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, family, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o interfere with or disrupt the Site, the Avetta Services, or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;thawte PKI.
Appears in 1 contract
