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SSLStar Terms and Conditions

Please read the following terms and conditions carefully, they relate to use of SSLStar ("SSLStar") including the the SSLStar Website, sslstar.com, ("SSLStar Website" or "the Website") by SSLStar clients, Partners or Users ("the User").


1. SSLStar WEBSITE "THE SERVICE"

The Service consists of an informational website, a secure purchase process, and the provisioning of Secure Sockets Layer (SSL) Certificates on behalf of the User.

SSLStar products and Services are payable in advance as per the pricing published on the SSLStar Websiteor otherwise provided by formal written agreement.

SSLStar will not provide SSL Certificates to Users full payment has been received.

SSLStar makes no guarantees whatsoever as to the continuous availability of the Service or any specific feature(s) of the Service at any time. SSLStar reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without notice and with immediate effect. All fees paid to SSLStar when such termination occurs will be addressed in the manner outlined later in this document.

2. USE OF THE WEBSITE

The SSLStar Website is provided "as is" and for your own personal, non-commercial use only. You may download, display, reformat or print parts of the Comodo Site for your own personal, non-commercial use.

You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of the SSLStar Website for resale, redistribution or for any other commercial use.

You shall not use the SSLStar Website for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programmes which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the SSLStar Website.

3. USER PRIVACY

It is SSLStar's policy to respect the privacy of the User. The SSLStar Website will not monitor, edit, or disclose any personal information about the User or the User's purcahses from the SSLStar Website, without the User's prior permission unless SSLStar has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of SSLStar; (3) enforce this Service Agreement or protect SSLStar's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by SSLStar; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. For more information, see SSLStar's Privacy Policy.

The User agrees that SSLStar may access its personal information, including purchase details, as stated above or to respond to service or technical issues.

THE USER HEREBY GRANTS SSLStar THE RIGHT TO SEND THE USER COMMUNICATION VIA E-MAIL OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT SSLStar DEEMS IMPORTANT FOR THE USER TO KNOW, RELATING TO THE SERVICE.

4. FEES, PAYMENT AND YOUR RIGHT TO CANCEL

Fees. In consideration for the provisioning of SSL Certificates from the SSLStar Website, the User shall pay to SSLStar the relevant fee (as appropriate) for the requested certificate.

All fees are payable in advance and no SSL certificates will be issued until payment is received. Payment shall be deemed to have been made as soon as the fee is available in eWAY Certificates's bank account.

Credit Card Payment. If the User has elected to pay for the Service by credit card, and SSLStar does not receive payment from the credit card issuer, the User agrees to pay all amounts due, immediately upon demand by SSLStar. SSLSTar reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer governs use of the User's credit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder.) All credit card payments are calculated in the User's selected currency and may be subject to currency conversion fluctuations. The final purchase amount is the amount reflected on the Credit Card holder's statement.

Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement within 7 days of the original purchase, and for any reason; provided, however, for such termination or cancellation to be effective the User must advise SSLStar in writing immediately of their wish to carry out such termination. On termination of the agreement for any reason at any time any and all past due fees payable to SSLStar must be paid within 7 days. Any questions concerning the appropriate method by which to cancel this Agreement, should be directed to the Contact Us section.

Refunds. Refunds will only be issued under the circumstances outlined under Termination.

5. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION

Modification of Terms. SSLStar frequently updates, modifies, and otherwise continually seeks to improve the SSLStar services and products. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. As such, SSLStar shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the SSLStar service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion within the Terms section of the SSLStar.com.au web site. Any use by the User of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.

Termination, Cancellation and/or Suspension by SSLStar; Disclosure of Information. This Agreement and the license granted here under may be terminated, cancelled and/or suspended by SSLStar at any time if, in SSLStar's sole discretion, the User breaches these Terms of Service. Such termination, cancellation and/or suspension by SSLStar shall be effective immediately upon notification by SSLStar to the User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, SSLStar may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. SSLStar reserves the right to suspend the client's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the Client's status as being a SSLStar Client, financial status of the client or the actions originating from the client.

In the event that SSLStar receives complaints from recipients or third parties with respect to the use of the Service, SSLStar additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.

Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Service Agreement, the User is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding fees for use prior to said termination, cancellation and/or suspension occurs. Payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of SSLStar (in whole or in part) where said suspension arises from the User's failure to comply with, or violation of, the terms of this Service Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using SSLStar and remove all SSLStar software, logos, content and applications on any computer, database, server (local or remote) in your possession or under its control. SSLStar shall have no obligation to the User after any termination or cancellation of this Service Agreement.

6. NO WARRANTIES OR LIABILITIES

GENERALLY. THE User EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT SSLStar IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. SSLStar WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO SSLStar AVAILABLE TO THE User THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE User WILL BE ABLE TO ACCESS SSLStar AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.

ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section 9 above, SSLStar and its affiliates, agents, content providers, service providers, and licensors:

(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF SSLStar GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF SSLStar GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;

(ii) SHALL IN NO EVENT BE LIABLE TO THE User OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (THE User AGREES TO INDEMNIFY SSLStar PURSUANT TO SECTION 11 HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE);

HIGH RISK ACTIVITIES. THE SSLStar SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, A IRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF SSLStar COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, SSLStar AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, SSLStar's LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

7. THIRD PARTY BENEFICIARIES

Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 9 herein are for the benefit of SSLStar and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

8. INDEMNIFICATION

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind SSLStar in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between SSLStar and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

9. MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. This Agreement shall be governed by and construed and interpreted in accordance with the law of the Commonwealth of Australia. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind eWAY Certificates in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between eWAY Certificates and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

10. SSLStar SPECIFIC TERMS & CONDITIONS

IMPORTANT: BY PLACING SSLStar PRODUCTS ON A WEBSITE AND/OR ACCESSING ANY PART OF THE SSLStar SERVICE THE User IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE User NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/ SHE/ IT SHOULD CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS WILL, AND AGREEING TO STOP ALL USE OF THE SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.

IF THE User IS DEEMED TO HAVE ORDERED THE SERVICE, SSLStar's ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY SSLStar, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

THE User AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT-SPECIFIC TERMS AND CONDITIONS, AND GENERAL TERMS AND CONDITIONS, THE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY.
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