6
You must have and activate a Cryptomodule in order to download the Certificate. IdenTrust will provide You with instructions
regarding such activation in connection with IdenTrust noticing You that issuance of the Certificate to You has been approved.
Further, with respect to the Cryptomodule that You use in connection with the Certificate, You agree:
(i) to protect from disclosure to any other person Your password or other data used to activate the Cryptomodule;
(ii) not to leave the Cryptomodule unattended or open to unauthorized access while it is active; and
(iii) deactivate the Cryptomodule by manual logout or by use of an inactivity timeout function effecting automatic logout.
Unless You have applied for a type of Certificate that includes “Hardware” in the title of the agreements relating thereto provided to
You by IdenTrust, You (and not IdenTrust) are responsible for providing the Cryptomodule that You will use, for its ability to be used
with the Certificate, and for its compliance with the applicable requirements of the CP and CPS. In the event You have applied for a
type of Certificate that includes “Hardware” in the title of the agreements relating thereto provided to You by IdenTrust and IdenTrust
approves the issuance of such Certificate to You, then in addition to the other provisions hereof, the provisions of Section 10 apply
to You.
9. Certificate Issuance – Review of Certificate Contents, Downloading, and Acceptance of Certificate.
Prior to the Certificate being made available to You for downloading as described in Section 7, the contents of the Certificate shall
be made available to You for review and You hereby agree that You shall review such contents. The contents of the Certificate will
be based on information provided by You during the application process, including but not limited to information provided on the ID
Form. If upon Your review of the Certificate contents You determine the any portion of the content of the Certificate is not accurate
or valid, You hereby agree that You shall not download the Certificate and You shall instead immediately inform IdenTrust of the
inaccurate or invalid portion(s) by contacting the IdenTrust Help Desk by phone at 1-800-748-5360 or by email at
helpdesk@IdenTrust.com.
By downloading the Certificate after its contents are made available for Your review as described above, You accept the Certificate,
warrant the accuracy and validity of its contents, and reaffirm Your acceptance of the terms of this Agreement (including but not
limited to each of the representations and warranties You make under this Agreement). Without limiting the foregoing, Your failure
to object to the Certificate or its contents by informing IdenTrust of such objection within 24 hours of downloading it constitutes
acceptance of the Certificate by You. Notwithstanding the foregoing provisions of this paragraph, any use by You of the Certificate
constitutes acceptance of the Certificate by You.
10. Certificate Issuance – Addition Provisions for Types of Certificates that include Hardware.
In the event You have applied for a type of Certificate that includes “Hardware” in the title of the agreements relating thereto
provided to You by IdenTrust and IdenTrust approves the issuance of such Certificate to You, You will be provided with a
Hardcryptomodule by IdenTrust along with instructions regarding how to activate such Hardcryptomodule.
When You activate the Hardcryptomodule as provided in Section 8 and are issued the corresponding Certificate, You will be
required to use Your Certificate to digitally sign the then-current form of this Agreement and to acknowledge receipt of the
Hardcryptomodule. In the event that You do not so sign and acknowledge, it is understood that IdenTrust will revoke the Certificate.
Also, when You activate the Hardcryptomodule, during the Key Pair generation and Certificate issuance that occurs as part of the
activation process, the Private Key corresponding to the Encryption Certificate is securely escrowed by IdenTrust to allow for its
recovery in case You lose the Private Key or in cases where an applicable law or policy requires key recovery. Procedures and
requirements applicable to the recovery of such Private Key from IdenTrust by You are available from IdenTrust upon request.
ANY HARDCRYPTOMODULE PROVIDED BY IDENTRUST UNDER THIS AGREEMENT ARE PROVIDED "AS IS". With respect
to any Hardcryptomodule provided by IdenTrust under this Agreement, You shall rely only on such representations and warranties
as are provided by the applicable original equipment manufacturers. IdenTrust will use commercially reasonable efforts to facilitate
any claims You may have with, and returns of any defective products to, the original equipment manufacturer. IdenTrust does not
warrant that any Hardcryptomodule will meet the requirements of You, or that use or operation of any Hardcryptomodule will be
uninterrupted or error free.
11. Declaration of Identity. In the event that IdenTrust issues a Certificate to You in connection herewith, You agree that
IdenTrust may require You to provide a declaration of Your identity information on a form provide by IdenTrust and require such
declaration be digitally signed by You using such Certificate. In the event that You do not so sign such declaration when provided
by IdenTrust, it is understood that IdenTrust will revoke the Certificate.
12. Legal Effect of Digital Signatures. All Digital Transmissions that are signed with a Digital Signature by You using a Private
Key corresponding to the Certificate shall have the same legal effect, validity, and enforceability as if the Digital Transmissions had
been in writing and manually signed by You. You will not challenge the legal effect, validity, or enforceability of a Digital
Transmission on the basis of such Digital Transmission being in digital, rather than in written, form. You shall be responsible for all
Digital Transmissions that are Digitally Signed by You using a Private Key corresponding to the Certificate.
13. Privacy. IdenTrust agrees to use reasonable care to safeguard personally identifying information about You obtained by
IdenTrust during the application, identification and authentication, and Certificate issuance processes. Use by IdenTrust of such
personally identifying information shall be limited to use as provided for under this Agreement, the CPS, the IdenTrust Privacy
Policy, or by You in writing. You hereby authorize IdenTrust to contact You with information and offers from IdenTrust related to
renewals of the Certificate.
Notwithstanding the foregoing, information contained in the Certificate and information about the status of the Certificate is not
private; treating such information as private would defeat the purpose of the Certificate, which is to establish Your identity.
Accordingly, IdenTrust may disclose without limitation, save for any limitations on the disclosure of such information that may set
forth in the CP or CPS. any information contained in any of the Certificate, CRLs, OCSP responses, or the LDAP directory,