The Entrust.net WAP Server Certification Authorities issue Entrust.net WAP Server Certificates to support more secure communications between Wireless Application Protocol servers and mobile devices using the Wireless Transport Layer Security protocol. Entrust.net uses Entrust Technologies' award winning Entrust/PKIä family of software products to provide standards-compliant digital certificates that enable more secure wireless communications.
1.1 Overview
This Entrust.net WAP Server Certification Practice Statement describes the practices and procedures of (i)
the Entrust.net WAP Server Certification Authorities, and (ii) Registration Authorities operating under the
Entrust.net WAP Server Certification Authorities. This Entrust.net WAP Server Certification Practice
Statement also describes the terms and conditions under which Entrust.net makes Certification Authority
and Registration Authority services available in respect to Entrust.net WAP Server Certificates. This
Entrust.net WAP Server Certification Practice Statement is applicable to all persons, entities, and
organizations, including, without limitation, all Applicants, Subscribers, Relying Parties, Resellers, Co-marketers and any other persons, entities, or organizations that have a relationship with (i) Entrust.net in
respect to Entrust.net WAP Server Certificates and/or any services provided by Entrust.net in respect to
Entrust.net WAP Server Certificates, or (ii) any Registration Authorities operating under an Entrust.net
Certification Authority, or any Resellers or Co-marketers providing any services in respect to Entrust.net
WAP Server Certificates. This Entrust.net WAP Server Certification Practice Statement is incorporated by
reference into all Entrust.net WAP Server Certificates issued by an Entrust.net WAP Server Certification
Authorities. This Entrust.net WAP Server Certification Practice Statement provides Applicants,
Subscribers, Relying Parties, Resellers, Co-marketers and other persons, entities, and organizations with a
statement of the practices and procedures of the Entrust.net WAP Server Certification Authorities and also
of the Registration Authorities operating under the Entrust.net WAP Server Certification Authorities. This
Entrust.net WAP Server Certification Practice Statement also provides a statement of the rights and
obligations of Entrust.net, any third parties that are operating Registration Authorities under the Entrust.net
WAP Server Certification Authorities, Applicants, Subscribers, Relying Parties, Resellers, Co-marketers
and any other persons, entities, or organizations that may use or rely on Entrust.net WAP Server Certificates or have a relationship with an Entrust.net WAP Server Certification Authority or a Registration Authority operating under an Entrust.net WAP Server Certification Authority in respect to Entrust.net WAP Server Certificates and/or any services in respect to Entrust.net WAP Server Certificates.
1.2 Identification
This document is called the Entrust.net WAP Server Certification Practice Statement.
1.3 Community and Application
Use of Entrust.net WAP Server Certificates is restricted to Wireless Application Protocol servers using the
Wireless Transport Layer Security protocol. Any other use of Entrust.net WAP Server Certificates is
prohibited.
1.3.1 Certification Authorities
In the Entrust.net WAP server public-key infrastructure, Certification Authorities may accept CSRs and
Public Keys from Applicants whose identity has been verified as provided herein by an Entrust.net-operated Registration Authority or by an independent third-party Registration Authority operating under an
Entrust.net WAP Server Certification Authority for the issuance of an Entrust.net WAP Server Certificate.
If an Entrust.net WAP Server Certificate Application is verified, the verifying Registration Authority will
send a request to an Entrust.net WAP Server Certification Authority for the issuance of an Entrust.net WAP
Server Certificate. The Entrust.net WAP Server Certification Authority will create an Entrust.net WAP
Server Certificate containing the Public Key and identification information contained in the request sent by
the Registration Authority to that Entrust.net WAP Server Certification Authority. The Entrust.net WAP
Server Certificate created in response to the request will be digitally signed by the Entrust.net WAP Server
Certification Authority.
Only Certification Authorities authorized by Entrust.net are permitted to issue Entrust.net WAP Server Certificates. In the event that more than one Certification Authority is authorized to issue Entrust.net WAP Server Certificates, Entrust.net will post a list of authorized Certification Authorities in the Entrust.net Repository.
1.3.2 Registration Authorities
In the Entrust.net WAP server public-key infrastructure, Registration Authorities under the Entrust.net
WAP Server Certification Authorities may accept Entrust.net WAP Server Certificate Applications from
Applicants and perform a limited verification of the information contained in such Entrust.net WAP Server
Certificate Applications. If the information provided is verified according to the procedures established by
the Entrust.net Policy Authority, a Registration Authority operating under an Entrust.net WAP Server
Certification Authority may send a request to such Entrust.net WAP Server Certification Authority to issue
an Entrust.net WAP Server Certificate to the Applicant.
Only Registration Authorities authorized by Entrust.net are permitted to submit requests to an Entrust.net WAP Server Certification Authority for the issuance of Entrust.net WAP Server Certificates. In the event that more than one Registration Authority is authorized to perform this function for Entrust.net WAP Server Certificates, Entrust.net will post a list of authorized Registration Authorities in the Entrust.net Repository.
1.3.3 End Entities
End entities for the Entrust.net WAP server public-key infrastructure consist of:
| 1. | Applicants - An Applicant is a person, entity, or organization that has applied for, but has not yet been issued an Entrust.net WAP Server Certificate. |
| 2. | Subscribers - A Subscriber is a person, entity, or organization that has been issued an Entrust.net WAP Server Certificate. |
| 3. | Relying Parties - A Relying Party is a person, entity, or organization that relies on or uses a Entrust.net WAP Server Certificate and/or any other information provided in an Entrust.net Repository to verify the identity and Public Key of a Subscriber and/or use such Public Key to send or receive encrypted communications to or from a Subscriber. |
1.3.4 Applicability
This Entrust.net WAP Server Certification Practice Statement is applicable to Entrust.net WAP Server
Certificates issued by Entrust.net WAP Server Certification Authorities. Entrust.net WAP Server
Certificates are issued by Entrust.net WAP Server Certification Authorities for use by Wireless Application
Protocol servers providing Wireless Transport Layer Security-based services. Entrust.net WAP Server
Certificates conform to Version 1.1 of the WTLS Specification as published by the Wireless Application
Protocol Forum Ltd.
1.4.1 Specification Administration Organization
The Entrust.net WAP Server Certification Practice Statement is administered by the Entrust.net Operational
Authority and is based on the policies established by the Entrust.net Policy Authority.
1.4.2 Contact Person
The contact information for questions about Entrust.net WAP Server Certificates is:
Entrust.net Inquiries
1000 Innovation Drive
Ottawa, Ontario, Canada
K2K 3E7
Tel: 1-877-368-7483
Fax: 1-877-839-3538
Email: Certserv.Admin@entrust.com
2.1.1 Certification Authority Obligations
An Entrust.net WAP Server Certification Authority shall:
| (i) | provide Certification Authority services in accordance with the terms and conditions of the Entrust.net WAP Server Certification Practice Statement; and |
| (ii) | upon receipt of a request from a Registration Authority operating under such Entrust.net WAP Server Certification Authority, issue an Entrust.net WAP Server Certificate in accordance with the terms and conditions of the Entrust.net WAP Server Certification Practice Statement. |
In operating the Entrust.net WAP Server Certification Authorities, Entrust.net may use one or more representatives or agents to perform its obligations under the Entrust.net WAP Server Certification Practice Statement, any Subscription Agreements, or any Relying Party Agreements, provided that Entrust.net shall remain responsible for its performance.
2.1.2 Registration Authority Obligations
A Registration Authority operating under an Entrust.net WAP Server Certification Authority shall:
| (i) | receive Entrust.net WAP Server Certificate Applications in accordance with the terms and conditions of the Entrust.net WAP Server Certification Practice Statement; |
| (ii) | perform limited verification of information submitted by Applicants when applying for Entrust.net WAP Server Certificates, and if such verification is successful, submit a request to an Entrust.net WAP Server Certification Authority for the issuance of an Entrust.net WAP Server Certificate, all in accordance with the terms and conditions of the Entrust.net WAP Server Certification Practice Statement; |
| (iii) | notify Subscribers, in accordance with the terms and conditions of the Entrust.net WAP Server Certification Practice Statement, when an Entrust.net WAP Server Certificate has been issued to them; and |
| (iv) | notify Subscribers, in accordance with the terms and conditions of the Entrust.net WAP Server Certification Practice Statement, that an Entrust.net WAP Server Certificate issued to them will soon expire. |
Entrust.net may use one or more representatives or agents to perform its obligations in respect of an Entrust.net-operated Registration Authority under the Entrust.net WAP Server Certification Practice Statement, any Subscription Agreements, or any Relying Party Agreements, provided that Entrust.net shall remain responsible for the performance of such representatives or agents under the Entrust.net WAP Server Certification Practice Statement, any Subscription Agreements, or any Relying Party Agreements. Entrust.net may appoint independent third parties to act as Registration Authorities under an Entrust.net WAP Server Certification Authority. Such independent third-party Registration Authorities shall be responsible for their performance under the Entrust.net WAP Server Certification Practice Statement and any Subscription Agreements. Entrust.net shall not be responsible for the performance of such independent third-party Registration Authorities. Independent third-party Registration Authorities may use one or more representatives or agents to perform their obligations when acting as a Registration Authority under an Entrust.net WAP Server Certification Authority. Independent third-party Registration Authorities shall remain responsible for the performance of such representatives or agents under the Entrust.net WAP Server Certification Practice Statement and any Subscription Agreements. Entrust.net may appoint Resellers and Co-marketers for Entrust.net WAP Server Certificates and services provided in respect to Entrust.net WAP Server Certificates. Such Resellers and Co-marketers shall be responsible for their performance under the Entrust.net WAP Server Certification Practice Statement and any Subscription Agreements. Entrust.net shall not be responsible for the performance of any such Resellers and Co-marketers. Resellers and Co-marketers may use one or more representatives or agents to perform their obligations under the Entrust.net WAP Server Certification Practice Statement and any Subscription Agreements. Resellers and Co-marketers shall remain responsible for the performance of such representatives or agents under the Entrust.net WAP Server Certification Practice Statement and any Subscription Agreements. Independent third-party Registration Authorities, Resellers, and Co-marketers shall be entitled to receive all of the benefit of all (i) disclaimers of representations, warranties, and conditions, (ii) limitations of liability, (iii) representations and warranties from Applicants, Subscribers, and Relying Parties, and (iv) indemnities from Applicants, Subscribers, and Relying Parties, set forth in this Entrust.net WAP Server Certification Practice Statement or set forth in any Subscription Agreements.
2.1.3 Subscriber Obligations
Subscribers and Applicants shall:
| (i) | understand and, if necessary, receive proper education in the use of Public-Key cryptography and Certificates including Entrust.net WAP Server Certificates; |
| (ii) | provide, in any communications with Entrust.net or an independent third-party Registration Authority, correct information with no errors, misrepresentations, or omissions; |
| (iii) | generate a new, secure, and cryptographically sound Key Pair to be used in association with the Subscriber's Entrust.net WAP Server Certificate or Applicant's Entrust.net WAP Server Certificate Application; |
| (iv) | read and agree to all terms and conditions of the Entrust.net WAP Server Certification Practice Statement and Subscription Agreement; |
| (v) | refrain from modifying the contents of an Entrust.net WAP Server Certificate; |
| (vi) | use Entrust.net WAP Server Certificates exclusively for legal and authorized purposes in accordance with the terms and conditions of the Entrust.net WAP Server Certification Practice Statement and applicable laws; |
| (vii) | only use an Entrust.net WAP Server Certificate on behalf of the person, entity, or organization listed as the Subject in such Entrust.net WAP Server Certificate; |
| (viii) | protect the Subscriber's or Applicant's Private Keys by storing them either on a hardware token or a disk and further by storing that device separately from the Subscriber's or Applicant's computer, when not in use; |
| (ix) | notify Entrust.net or, if Applicant submitted its Entrust.net WAP Server Certificate Application to an independent third-party Registration Authority, such independent third-party Registration Authority, as soon as reasonably practicable of any change to any information included in the Applicant's Entrust.net WAP Server Certificate Application or any change in any circumstances that would make the information in the Applicant's Entrust.net WAP Server Certificate Application misleading or inaccurate; |
| (x) | notify Entrust.net or, if Subscriber received its Entrust.net WAP Server Certificate through an independent third-party Registration Authority, such independent third-party Registration Authority, as soon as reasonably practicable of any change to any information included in the Subscriber's Entrust.net WAP Server Certificate or any change in any circumstances that would make the information in the Subscriber's Entrust.net WAP Server Certificate misleading or inaccurate; |
| (xi) | immediately cease to use an Entrust.net WAP Server Certificate if any information included in the Subscriber's Entrust.net WAP Server Certificate or if any change in any circumstances would make the information in the Subscriber's Entrust.net WAP Server Certificate misleading or inaccurate; |
| (xii) | notify Entrust.net or, if Subscriber received its Entrust.net WAP Server Certificate from an independent third-party Registration Authority, such independent third-party Registration Authority, immediately of any suspected or actual Compromise of the Subscriber's or Applicant's Private Keys; |
| (xiii) | immediately cease to use the Subscriber's Entrust.net WAP Server Certificate upon (a) expiration of such Entrust.net WAP Server Certificate, or (b) any suspected or actual Compromise of the Private Key corresponding to the Public Key in such Entrust.net WAP Server Certificate, and remove such Entrust.net WAP Server Certificate from the devices and/or software in which it has been installed; |
| (xiv) | only use the Subscriber's Entrust.net WAP Server Certificate on one (1) Wireless Application Protocol server at any given time; |
| (xv) | refrain from using the Subscriber's Private Key corresponding to the Public Key in the Subscriber's Entrust.net WAP Server Certificate to sign other Certificates; and |
| (xvi) | use the Subscriber's or Applicant's own judgment about whether it is appropriate given the level of security and trust provided by Entrust.net WAP Server Certificates to use an Entrust.net WAP Server Certificate in any given circumstance. |
Entrust.net WAP Server Certificates and related information may be subject to export, import, and/or use restrictions. Subscribers shall comply with all laws and regulations applicable to a Subscriber's right to export, import, and/or use Entrust.net WAP Server Certificates or related information. Subscribers shall be responsible for procuring all required licenses and permissions for any export, import, and/or use of Entrust.net WAP Server Certificates or related information. Certain cryptographic techniques, software, hardware, and firmware ("Technology") that may be used in processing or in conjunction with Entrust.net WAP Server Certificates may be subject to export, import, and/or use restrictions. Subscribers shall comply with all laws and regulations applicable to a Subscriber's right to export, import, and/or use such Technology or related information. Subscribers shall be responsible for procuring all required licenses and permissions for any export, import, and/or use of such Technology or related information.
2.1.3.1 Subscriber and Applicant Representations and Warranties
Subscribers and Applicants represent and warrant to Entrust.net that:
| (i) | all information provided by the Subscriber or Applicant to Entrust.net or to any independent third-party Registration Authorities is correct and does not contain any errors, omissions, or misrepresentations; |
| (ii) | the Private Key corresponding to the Public Key submitted by the Subscriber and/or Applicant in connection with an Entrust.net WAP Server Certificate Application was created using sound cryptographic techniques and has not been Compromised; |
| (iii) | any information provided to Entrust.net or to any independent third-party Registration Authorities by the Subscriber and/or Applicant in connection with an Entrust.net WAP Server Certificate Application does not infringe, misappropriate, dilute, unfairly compete with, or otherwise violate the intellectual property, or other rights of any person, entity, or organization in any jurisdiction; |
| (iv) | the Applicant shall notify Entrust.net or, if the Applicant submitted its Entrust.net WAP Server Certificate Application to an independent third-party Registration Authority, such independent third-party Registration Authority, as soon as practicable if any information included in the Applicant's Entrust.net WAP Server Certificate Application changes or if any change in any circumstances would make the information in the Applicant's Entrust.net WAP Server Certificate Application misleading or inaccurate; |
| (v) | the Subscriber shall immediately cease to use the Subscriber's Entrust.net WAP Server Certificate if any information included in the Subscriber's Entrust.net WAP Server Certificate changes or if any change in any circumstances would make the information in the Subscriber's Entrust.net WAP Server Certificate misleading or inaccurate; |
| (vi) | the Subscriber shall immediately cease to use the Subscriber's Entrust.net WAP Server Certificate upon (a) expiration of such Entrust.net WAP Server Certificate, or (b) any suspected or actual Compromise of the Private Key corresponding to the Public Key in such Entrust.net WAP Server Certificate, and shall remove such Entrust.net WAP Server Certificate from the devices and/or software in which it has been installed; and |
| (vii) | the Subscriber and/or Applicant will not use Entrust.net WAP Server Certificates for any hazardous or unlawful (including tortious) activities. |
APPLICANTS AND SUBSCRIBERS SPECIFICALLY ACKNOWLEDGE THAT REVOCATION OF CERTIFICATES IS NOT SUPPORTED IN VERSION 1.1 OF THE WTLS SPECIFICATION AS PUBLISHED BY THE WIRELESS APPLICATION PROTOCOL FORUM LTD., AND ACCORDINGLY AN ENTRUST.NET WAP SERVER CERTIFICATE MAY CONTAIN (I) INFORMATION THAT HAS CHANGED OR THAT HAS BEEN DETERMINED SUBSEQUENT TO ISSUANCE TO BE INVALID, OR (II) A PUBLIC KEY THAT CORRESPONDS TO A PRIVATE KEY THAT HAS BEEN COMPROMISED. APPLICANTS AND SUBSCRIBERS ALSO SPECIFICALLY ACKNOWLEDGE THAT THE ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY WILL NOT BE ABLE TO REVOKE AN ENTRUST.NET WAP SERVER CERTIFICATE IF THERE IS ANY CHANGE IN THE INFORMATION IN SUCH ENTRUST.NET WAP SERVER CERTIFICATE, IF IT IS SUBSEQUENTLY DISCOVERED THAT THE INFORMATION IN SUCH ENTRUST.NET WAP SERVER CERTIFICATE IS INVALID, IF THE PRIVATE KEY CORRESPONDING TO THE PUBLIC KEY IN AN ENTRUST.NET WAP SERVER CERTIFICATE HAS BEEN COMPROMISED, OR IF THE ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITIES' PRIVATE KEY HAS BEEN COMPROMISED. APPLICANTS AND SUBSCRIBERS ACKNOWLEDGE THAT ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITIES WILL BE UNABLE TO REVOKE AN ENTRUST.NET WAP SERVER CERTIFICATE EVEN IF THE ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITIES ARE AWARE OF ANY SUCH CHANGE, INVALIDITY, OR COMPROMISE. APPLICANTS AND SUBSCRIBERS ACKNOWLEDGE THAT AN APPLICANT'S DECISION TO APPLY FOR AN ENTRUST.NET WAP SERVER CERTIFICATE AND A SUBSCRIBER'S DECISION TO USE AN ENTRUST.NET WAP SERVER CERTIFICATE SHALL HAVE BEEN MADE HAVING TAKEN INTO CONSIDERATION SUCH LIMITATIONS WITH RESPECT TO REVOCATION AND CHANGED OR INVALID INFORMATION OR POSSIBLE COMPROMISE.
2.1.3.2 Subscriber Notice Requirements
Subscriber shall display the following notice in a prominent location on Subscriber's WAP server that may
be viewed by Relying Parties (for example, in the "legal" or "disclaimers" section of Subscriber's WAP server):
"Reliance on Entrust.net WAP Server Certificates ("WAP Cert(s)") is governed by the terms of the Entrust.net WAP Server Certification Practice Statement (the "WAP CPS") (http://www.entrust.net/wapcps/) and the Relying Party Agreement http://www.entrust.net/relying/pdf/webrelying010103.pdf. Reliance on a WAP Cert shall constitute acceptance of such terms."
2.1.4 Relying Party Obligations
Relying Parties shall:
| (i) | understand and, if necessary, receive proper education in the use of Public-Key cryptography and Certificates including Entrust.net WAP Server Certificates; |
| (ii) | read and agree to all terms and conditions of the Entrust.net WAP Server Certification Practice Statement and the Relying Party Agreement; |
| (iii) | trust and make use of an Entrust.net WAP Server Certificate only if the Entrust.net WAP Server Certificate has not expired and if a proper chain of trust can be established to a trustworthy root; and |
| (iv) | make their own judgment and rely on an Entrust.net WAP Server Certificate only if such reliance is reasonable in the circumstances, including determining whether such reliance is reasonable given the nature of the security and trust provided by an Entrust.net WAP Server Certificate and the value of any transaction that may involve the use of an Entrust.net WAP Server Certificate. |
RELYING PARTIES SPECIFICALLY ACKNOWLEDGE THAT REVOCATION OF CERTIFICATES IS NOT SUPPORTED IN VERSION 1.1 OF THE WTLS SPECIFICATION AS PUBLISHED BY THE WIRELESS APPLICATION PROTOCOL FORUM LTD., AND ACCORDINGLY AN ENTRUST.NET WAP SERVER CERTIFICATE MAY CONTAIN (I) INFORMATION THAT HAS CHANGED OR THAT HAS BEEN DETERMINED SUBSEQUENT TO ISSUANCE TO BE INVALID, OR (II) A PUBLIC KEY THAT CORRESPONDS TO A PRIVATE KEY THAT HAS BEEN COMPROMISED. RELYING PARTIES ALSO SPECIFICALLY ACKNOWLEDGE THAT THE ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY WILL NOT BE ABLE TO REVOKE AN ENTRUST.NET WAP SERVER CERTIFICATE IF THERE IS ANY CHANGE IN THE INFORMATION IN SUCH ENTRUST.NET WAP SERVER CERTIFICATE, IF IT IS SUBSEQUENTLY DISCOVERED THAT THE INFORMATION IN SUCH ENTRUST.NET WAP SERVER CERTIFICATE IS INVALID, IF THE PRIVATE KEY CORRESPONDING TO THE PUBLIC KEY IN AN ENTRUST.NET WAP SERVER CERTIFICATE HAS BEEN COMPROMISED, OR IF THE ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITIES' PRIVATE KEY HAS BEEN COMPROMISED. RELYING PARTIES ACKNOWLEDGE THAT THE ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITIES WILL BE UNABLE TO REVOKE SUCH ENTRUST.NET WAP SERVER CERTIFICATE EVEN IF THE ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITIES ARE AWARE OF SUCH CHANGE, INVALIDITY, OR COMPROMISE. RELYING PARTIES ACKNOWLEDGE THAT A RELYING PARTY'S DECISION TO USE AN ENTRUST.NET WAP SERVER CERTIFICATE SHALL HAVE BEEN MADE HAVING TAKEN INTO CONSIDERATION SUCH LIMITATIONS WITH RESPECT TO REVOCATION AND CHANGED OR INVALID INFORMATION OR POSSIBLE COMPROMISE.
Entrust.net WAP Server Certificates and related information may be subject to export, import, and/or use restrictions. Relying Parties shall comply with all laws and regulations applicable to a Relying Party's right to use Entrust.net WAP Server Certificates and/or related information. Relying Parties shall be responsible for procuring all required licenses and permissions for any export, import, or use of Entrust.net WAP Server Certificates and/or related information. Certain cryptographic techniques, software, hardware, and firmware ("Technology") that may be used in processing or in conjunction with Entrust.net WAP Server Certificates may be subject to export, import, and/or use restrictions. Relying Parties shall comply with all laws and regulations applicable to a Relying Party's right to export, import, and/or use such Technology or related information. Relying Parties shall be responsible for procuring all required licenses and permissions for any export, import, and/or use of such Technology or related information.
2.1.4.1 Relying Party Representations and Warranties
Relying Parties represent and warrant to Entrust.net that:
| (i) | the Relying Party shall properly validate an Entrust.net WAP Server Certificate before making a determination about whether to rely on such Entrust.net WAP Server Certificate, including confirmation that the Entrust.net WAP Server Certificate has not expired and that a proper chain of trust can be established to a trustworthy root; |
| (ii) | the Relying Party shall not rely on an expired Entrust.net WAP Server Certificate; |
| (iii) | the Relying Party shall not rely on an Entrust.net WAP Server Certificate that cannot be validated back to a trustworthy root; |
| (iv) | the Relying Party shall exercise its own judgment in determining whether it is reasonable under the circumstances to rely on an Entrust.net WAP Server Certificate, including determining whether such reliance is reasonable given the nature of the security and trust provided by an Entrust.net WAP Server Certificate and the value of any transaction that may involve the use of an Entrust.net WAP Server Certificate; and |
| (v) | the Relying Party shall not use an Entrust.net WAP Server Certificate for any hazardous or unlawful (including tortious) activities. |
2.1.5 Repository Obligations
An Entrust.net Repository shall make available a copy of the Entrust.net WAP Server Certification Practice Statement and other information related to the products and services provided by Entrust.net WAP Server Certification Authorities and any Registration Authorities operating under the Entrust.net WAP Server Certification Authorities.
2.2 Liability
THE MAXIMUM CUMULATIVE LIABILITY OF ENTRUST.NET, ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, RESELLERS, CO-MARKETERS OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES OR DIRECTORS OF ANY OF THE FOREGOING TO ANY APPLICANTS, SUBSCRIBERS, RELYING PARTIES OR ANY OTHER PERSONS, ENTITIES, OR ORGANIZATIONS FOR ANY LOSSES, COSTS, EXPENSES, LIBILITIES, DAMAGES, CLAIMS, OR SETTLEMENT AMOUNTS ARISING OUT OF OR RELATING TO USE OF AN ENTRUST.NET WAP SERVER CERTIFICATE OR ANY SERVICES PROVIDED IN RESPECT TO ANY ENTRUST.NET WAP SERVER CERTIFICATES IS LIMITED BY THIS ENTRUST.NET WAP SERVER CERTIFICATION PRACTICE STATEMENT. THIS ENTRUST.NET WAP SERVER CERTIFICATION PRACTICE STATEMENT ALSO CONTAINS LIMITED WARRANTIES, LIMITATIONS ON LIABILITY, AND DISCLAIMERS OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
2.2.1.1 Warranties and Limitations on Warranties
Entrust.net makes the following limited warranties to Subscribers with respect to the operation of Entrust.net WAP Server Certification Authorities:
| (i) | Entrust.net WAP Server Certification Authorities shall provide Repository services consistent with the practices and procedures set forth in this Entrust.net WAP Server Certification Practice Statement; |
| (ii) | Entrust.net WAP Server Certification Authorities shall perform Entrust.net WAP Server Certificate issuance consistent with the procedures set forth in this Entrust.net WAP Server Certification Practice Statement. |
Notwithstanding the foregoing, in no event does Entrust.net, any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing make any representations, or provide any warranties, or conditions to any Applicants, Subscribers, Relying Parties, or any other persons, entities, or organizations with respect to (i) the techniques used in the generation and storage of the Private Key corresponding to the Public Key in an Entrust.net WAP Server Certificate, including, whether such Private Key has been Compromised or was generated using sound cryptographic techniques, (ii) the reliability of any cryptographic techniques or methods used in conducting any act, transaction, or process involving or utilizing an Entrust.net WAP Server Certificate, (iii) any software whatsoever, or (iv) non-repudiation of any Entrust.net WAP Server Certificate or any transaction facilitated through the use of an Entrust.net WAP Server Certificate, since such determination is a matter of applicable law.
Applicants, Subscribers, and Relying Parties acknowledge and agree that operations in relation to Entrust.net WAP Server Certificates and Entrust.net WAP Server Certificate Applications are dependent on the transmission of information over communication infrastructures such as, without limitation, the Internet, telephone and telecommunications lines and networks, servers, firewalls, proxies, routers, switches, and bridges ("Telecommunication Equipment") and that this Telecommunication Equipment is not under the control of Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing. Neither Entrust.net nor any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing shall be liable for any error, failure, delay, interruption, defect, or corruption in relation to an Entrust.net WAP Server Certificate or an Entrust.net WAP Server Certificate Application to the extent that such error, failure, delay, interruption, defect, or corruption is caused by such Telecommunication Equipment.
2.2.1.2 Disclaimers
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 2.2.1.1, NEITHER ENTRUST.NET NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITY OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, OR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST.NET AND ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, AND ALL RESELLERS, CO-MARKETERS, AND ALL SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, AND DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
2.2.1.3 Loss Limitations
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ENTRUST.NET, ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITY OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, ANY RESELLERS, OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING TO ANY APPLICANT, SUBSCRIBER, RELYING PARTY OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION ARISING OUT OF OR RELATING TO ANY ENTRUST.NET WAP SERVER CERTIFICATE OR ANY SERVICES PROVIDED IN RESPECT TO ENTRUST.NET WAP SERVER CERTIFICATES, INCLUDING ANY USE OR RELIANCE ON ANY ENTRUST.NET WAP SERVER CERTIFICATE, EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1000.00 U.S.) ("CUMULATIVE DAMAGE CAP"). THIS LIMITATION SHALL APPLY ON A PER ENTRUST.NET WAP SERVER CERTIFICATE BASIS REGARDLESS OF THE NUMBER OF TRANSACTIONS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO SUCH ENTRUST.NET WAP SERVER CERTIFICATE OR ANY SERVICES PROVIDED IN RESPECT TO SUCH ENTRUST.NET WAP SERVER CERTIFICATE. THE FOREGOING LIMITATIONS SHALL APPLY TO ANY LIABILITY WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), LEGISLATION OR ANY OTHER THEORY OF LIABILITY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, RELIANCE, OR INCIDENTAL DAMAGES.
IN THE EVENT THAT LIABILITY ARISING OUT OF OR RELATING TO AN ENTRUST.NET WAP SERVER CERTIFICATE OR ANY SERVICES PROVIDED IN RESPECT TO AN ENTRUST.NET WAP SERVER CERTIFICATE EXCEEDS THE CUMULATIVE DAMAGE CAP SET FORTH IN THIS SECTION ABOVE, THE AMOUNTS AVAILABLE UNDER THE CUMULATIVE DAMAGE CAP SHALL BE APPORTIONED FIRST TO THE EARLIEST CLAIMS TO ACHIEVE FINAL DISPUTE RESOLUTION UNLESS OTHERWISE ORDERED BY A COURT OF COMPETENT JURISDICTION. IN NO EVENT SHALL ENTRUST.NET OR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITY OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, OR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING BE OBLIGATED TO PAY MORE THAN THE CUMULATIVE DAMAGE CAP FOR ANY ENTRUST.NET WAP SERVER CERTIFICATE OR ANY SERVICES PROVIDED IN RESEPCT TO AN ENTRUST.NET WAP SERVER CERTIFICATE REGARDLESS OF APPORTIONMENT AMONG CLAIMANTS.
IN NO EVENT SHALL ENTRUST.NET OR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITY OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, OR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING BE LIABLE FOR ANY INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY, INDIRECT, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) WHETHER ARISING FROM CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), LEGISLATION OR ANY OTHER THEORY OF LIABILITY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN AND EVEN IF ENTRUST.NET OR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITY OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, OR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO CERTAIN APPLICANTS, SUBSCRIBERS, RELYING PARTIES, OR OTHER PERSONS, ENTITIES, OR ORGANIZATIONS. THE DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS AND THE LIMITATIONS OF LIABILITY IN THIS ENTRUST.NET WAP SERVER CERTIFICATION PRACTICE STATEMENT CONSTITUTE AN ESSENTIAL PART OF THE ENTRUST.NET WAP SERVER CERTIFICATION PRACTICE STATEMENT, ANY SUBSCRIPTION AGREEMENTS, AND ANY RELYING PARTY AGREEMENTS. ALL APPLICANTS, SUBSCRIBERS, RELYING PARTIES, AND OTHER PERSONS, ENTITIES, AND ORGANIZATIONS ACKNOWLEDGE THAT BUT FOR THESE DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS AND LIMITATIONS OF LIABILITY, ENTRUST.NET WOULD NOT ISSUE ENTRUST.NET WAP SERVER CERTIFICATES TO SUBSCRIBERS AND NEITHER ENTRUST.NET NOR ANY ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING WOULD PROVIDE SERVICES IN RESPECT TO ENTRUST.NET WAP SERVER CERTIFICATES AND THAT THESE PROVISIONS PROVIDE FOR A REASONABLE ALLOCATION OF RISK.
2.2.1.4 Other ExclusionsWithout limitation, neither Entrust.net nor any independent third-party Registration Authorities operating under an Entrust.net WAP Server Certification Authority, nor any Resellers or Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing shall be liable to any Applicants, Subscribers, Relying Parties or any other person, entity, or organization for any losses, costs, expenses, liabilities, damages, claims, or settlement amounts arising out of or relating to use of an Entrust.net WAP Server Certificate or any services provided in respect to an Entrust.net WAP Server Certificate if:
| (i) | the Entrust.net WAP Server Certificate was issued as a result of errors, misrepresentations, or other acts or omissions of a Subscriber or of any other person, entity, or organization; |
| (ii) | the Entrust.net WAP Server Certificate has expired; |
| (iii) | the Entrust.net WAP Server Certificate has been modified or otherwise altered; |
| (iv) | the Subscriber failed to stop using an Entrust.net WAP Server Certificate after the information contain in such Entrust.net WAP Server Certificate changed or after circumstances changed so that the information contained in such Entrust.net WAP Server Certificate became misleading or inaccurate; |
| (v) | a Subscriber breached the Entrust.net WAP Server Certification Practice Statement or the Subscriber's Subscription Agreement, or a Relying Party breached the Entrust.net WAP Server Certification Practice Statement or the Relying Party's Relying Party Agreement; |
| (vi) | the Private Key associated with the Entrust.net WAP Server Certificate has been Compromised; or |
| (vii) | the Entrust.net WAP Server Certificate is used other than as permitted by the Entrust.net WAP Server Certification Practice Statement or is used in contravention of applicable law. |
In no event shall Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing be liable to any Applicant, Subscriber, or any other person, entity, or organization for any losses, costs, liabilities, expenses, damages, claims, or settlement amounts arising out of or relating to the refusal by Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing to issue or request the issuance of an Entrust.net WAP Server Certificate. In no event shall Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing be liable to any Applicant, Subscriber, or any other person, entity, or organization for any losses, costs, liabilities, expenses, damages, claims, or settlement amounts arising out of or relating to any delay by Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing, in issuing or in requesting the issuance of an Entrust.net WAP Server Certificate.
In no event shall Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing be liable to any Subscriber, Relying Party, or any other person, entity, or organization for any losses, costs, expenses, liabilities, damages, claims, or settlement amounts arising out of or relating to any proceeding or allegation that an Entrust.net WAP Server Certificate or any information contained in an Entrust.net WAP Server Certificate infringes, misappropriates, dilutes, unfairly competes with, or otherwise violates any patent, trademark, copyright, trade secret, or any other intellectual property right or other right of any person, entity, or organization in any jurisdiction.
2.2.1.5 Hazardous Activities
Entrust.net WAP Server Certificates and the services provided by Entrust.net in respect to Entrust.net WAP Server Certificates are not designed, manufactured, or intended for use in or in conjunction with hazardous activities or uses requiring fail-safe performance, including the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, medical devices or direct life support machines.
Entrust.net and any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, and any Resellers, Co-marketers, and any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing specifically disclaim any and all representations, warranties, and conditions with respect to such uses, whether express, implied, statutory, by usage of trade, or otherwise.
2.2.2 RA Liability
The same liability provisions that apply in Section 2.2.1 with respect to Entrust.net WAP Server Certification Authorities shall apply with respect to Entrust.net-operated Registration Authorities and independent third-party Registration Authorities operating under Entrust.net WAP Server Certification Authorities and all Resellers, Co-marketers and all subcontractors, distributors, agents, suppliers, employees, and directors of any of the foregoing.
2.3 Financial Responsibility
Subscribers and Relying Parties shall be responsible for the financial consequences to such Subscribers, Relying Parties, and to any other persons, entities, or organizations for any transactions in which such Subscribers or Relying Parties participate and which use Entrust.net WAP Server Certificates or any services provided in respect to Entrust.net WAP Server Certificates. Entrust.net makes no representations and gives no warranties or conditions regarding the financial efficacy of any transaction completed utilizing
an Entrust.net WAP Server Certificate or any services provided in respect to Entrust.net WAP Server Certificates and neither Entrust.net nor any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, nor any Resellers, Co-marketers, nor any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing shall have any liability except as explicitly set forth herein in respect to the use of or reliance on an Entrust.net WAP
Server Certificate or any services provided in respect to Entrust.net WAP Server Certificates.
2.3.1 Indemnification by Relying Parties
RELYING PARTIES SHALL INDEMNIFY AND HOLD ENTRUST.NET AND ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, AND ALL RESELLERS, CO-MARKETERS, AND ALL SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, AND DIRECTORS OF ANY OF THE FOREGOING (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, CLAIMS, AND SETTLEMENT AMOUNTS (INCLUDING REASONABLE ATTORNEY'S FEES, COURT COSTS, AND EXPERT'S FEES) ARISING OUT OF OR RELATING TO ANY USE OR RELIANCE BY A RELYING PARTY ON ANY ENTRUST.NET WAP SERVER CERTIFICATE OR ANY SERVICE PROVIDED IN RESPECT TO ENTRUST.NET WAP SERVER CERTIFICATES, INCLUDING (I) LACK OF PROPER VALIDATION OF AN ENTRUST.NET WAP SERVER CERTIFICATE BY A RELYING PARTY, (II) RELIANCE BY THE RELYING PARTY ON AN EXPIRED ENTRUST.NET WAP SERVER CERTIFICATE, (III) USE OF AN ENTRUST.NET WAP SERVER CERTIFICATE OTHER THAN AS PERMITTED BY THE ENTRUST.NET WAP SERVER CERTIFICATION PRACTICE STATEMENT, THE SUBSCRIPTION AGREEMENT, ANY RELYING PARTY AGREEMENT, AND APPLICABLE LAW, (IV) FAILURE BY A RELYING PARTY TO EXERCISE REASONABLE JUDGMENT IN THE CIRCUMSTANCES IN RELYING ON AN ENTRUST.NET WAP SERVER CERTIFICATE, OR (V) ANY CLAIM OR ALLEGATION THAT THE RELIANCE BY A RELYING PARTY ON AN ENTRUST.NET WAP SERVER CERTIFICATE OR THE INFORMATION CONTAINED IN AN ENTRUST.NET WAP SERVER CERTIFICATE INFRINGES, MISAPPROPRIATES, DILUTES, UNFAIRLY COMPETES WITH, OR OTHERWISE VIOLATES THE RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANYONE IN ANY JURISDICTION. NOTWITHSTANDING THE FOREGOING, RELYING PARTIES SHALL NOT BE OBLIGATED TO PROVIDE ANY INDEMNIFICATION TO AN INDEMNIFIED PARTY IN RESPECT TO ANY LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, CLAIMS, AND SETTLEMENT AMOUNTS (INCLUDING REASONABLE ATTORNEY'S FEES, COURT COSTS AND EXPERT'S FEES) TO THE EXTENT THAT SUCH LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, CLAIMS, AND SETTLEMENT AMOUNTS (INCLUDING REASONABLE ATTORNEY'S FEES, COURT COSTS, AND EXPERT'S FEES) ARISE OUT OF OR RELATE TO ANY WILLFUL MISCONDUCT BY SUCH INDEMNIFIED PARTY.
2.3.1.1 Indemnification by Subscribers
SUBSCRIBERS SHALL INDEMNIFY AND HOLD ENTRUST.NET AND ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER AN ENTRUST.NET WAP SERVER CERTIFICATION AUTHORITY, AND ALL RESELLERS, CO-MARKETERS, AND ALL SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS,EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, CLAIMS, AND SETTLEMENT AMOUNTS (INCLUDING REASONABLE ATTORNEY'S FEES, COURT COSTS, AND EXPERT'S FEES) ARISING OUT OF OR RELATING TO ANY RELIANCE BY A RELYING PARTY ON ANY ENTRUST.NET WAP SERVER CERTIFICATE OR ANY SERVICE PROVIDED IN RESPECT TO ENTRUST.NET WAP SERVER CERTIFICATES, INCLUDING ANY (I) ERROR, MISREPRESENTATION OR OMISSION MADE BY A SUBSCRIBER IN USING OR APPLYING FOR AN ENTRUST.NET WAP SERVER CERTIFICATE, (II) MODIFICATION MADE BY A SUBSCRIBER TO THE INFORMATION CONTAINED IN AN ENTRUST.NET WAP SERVER CERTIFICATE, (III) USE OF AN ENTRUST.NET WAP SERVER CERTIFICATE OTHER THAN AS PERMITTED BY THE ENTRUST.NET WAP SERVER CERTIFICATION PRACTICE STATEMENT, THE SUBSCRIPTION AGREEMENT, ANY RELYING PARTY AGREEMENT, AND APPLICABLE LAW, (IV) FAILURE BY A SUBSCRIBER TO TAKE THE NECESSARY PRECAUTIONS TO PREVENT LOSS, DISCLOSURE, COMPROMISE OR UNAUTHORIZED USE OF THE PRIVATE KEY CORRESPONDING TO THE PUBLIC KEY IN SUCH SUBSCRIBER'S ENTRUST.NET WAP SERVER CERTIFICATE, OR (V) ALLEGATION THAT THE USE OF A SUBSCRIBER'S ENTRUST.NET WAP SERVER CERTIFICATE OR THE INFORMATION CONTAINED IN A SUBSCRIBER'S ENTRUST.NET WAP SERVER CERTIFICATE INFRINGES, MISAPPROPRIATES, DILUTES, UNFAIRLY COMPETES WITH, OR OTHERWISE VIOLATES THE RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANYONE IN ANY JURISDICTION. NOTWITHSTANDING THE FOREGOING, A SUBSCRIBER SHALL NOT BE OBLIGATED TO PROVIDE ANY INDEMNIFICATION TO AN INDEMNIFIED PARTY IN RESPECT TO ANY LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, CLAIMS, AND SETTLEMENT AMOUNTS (INCLUDING REASONABLE ATTORNEY'S FEES, COURT COSTS AND EXPERTS FEES) TO THE EXTENT THAT SUCH LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, CLAIMS, AND SETTLEMENT AMOUNTS (INCLUDING REASONABLE ATTORNEY'S FEES, COURT COSTS, AND EXPERT'S FEES) ARISE OUT OF OR RELATE TO ANY WILLFUL MISCONDUCT BY SUCH INDEMNIFIED PARTY.
2.3.2 Fiduciary Relationships
Nothing contained in this Entrust.net WAP Server Certification Practice Statement, or in any Subscription Agreement, or any Relying Party Agreement shall be deemed to constitute either Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing the fiduciary, partner, agent, trustee, or legal representative of any
Applicant, Subscriber, Relying Party or any other person, entity, or organization or to create any fiduciary relationship between either Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing and any Subscriber, Applicant, Relying Party or any other person, entity, or organization, for any purpose whatsoever. Nothing in the Entrust.net WAP Server Certification Practice Statement, or in any
Subscription Agreement or any Relying Party Agreement shall confer on any Subscriber, Applicant, Relying Party, or any other third party, any authority to act for, bind, or create or assume any obligation or responsibility, or make any representation on behalf of Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers, Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing.
2.3.3 Administrative Processes
No Stipulation.
2.4.1 Governing Law
The laws of the Province of Ontario, Canada, excluding its conflict of laws rules, shall govern the
construction, validity, interpretation, enforceability and performance of the Entrust.net WAP Server Certification Practice Statement, all Subscription Agreements and all Relying Party Agreements. The application of the United Nations Convention on Contracts for the International Sale of Goods to the Entrust.net WAP Server Certification Practice Statement, any Subscription Agreements, and any Relying Party Agreements is expressly excluded. Any dispute arising out of or in respect to the Entrust.net WAP Server Certification Practice Statement, any Subscription Agreement, any Relying Party Agreement, or in respect to any Entrust.net WAP Server Certificates or any services provided in respect to any Entrust.net WAP Server Certificates that is not resolved by alternative dispute resolution, shall be brought in the provincial or federal courts sitting in Ottawa, Ontario, and each person, entity, or organization hereby agrees that such courts shall have personal and exclusive jurisdiction over such disputes. In the event that
any matter is brought in a provincial or federal court, Applicants, Subscribers, and Relying Parties waive any right that such Applicants, Subscribers, and Relying Parties may have to a jury trial.
2.4.1.1 Force Majeure
Neither Entrust.net nor any independent third-party Registration Authority operating under an Entrust.net
WAP Server Certification Authority, nor any Resellers, Co-marketers, nor any subcontractors, distributors,
agents, suppliers, employees, or directors of any of the foregoing shall be in default hereunder or liable for
any losses, costs, expenses, liabilities, damages, claims, or settlement amounts arising out of or related to
delays in performance or from failure to perform or comply with the terms of the Entrust.net WAP Server
Certification Practice Statement, any Subscription Agreement, or any Relying Party Agreement due to any
causes beyond its reasonable control, which causes include acts of God or the public enemy, riots and
insurrections, war, accidents, fire, strikes and other labor difficulties (whether or not Entrust.net is in a
position to concede to such demands), embargoes, judicial action, failure or default of any superior
certification authority, lack of or inability to obtain export permits or approvals, necessary labor, materials, energy, utilities, components or machinery, acts of civil or military authorities.
2.4.1.2 Interpretation
All references in this Entrust.net WAP Server Certification Practice Statement to "Sections" refer to the sections of this Entrust.net WAP Server Certification Practice Statement. As used in this Entrust.net WAP
Server Certification Practice Statement, neutral pronouns and any variations thereof shall be deemed to
include the feminine and masculine and all terms used in the singular shall be deemed to include the plural,
and vice versa, as the context may require. The words "hereof", "herein", and "hereunder" and other words of similar import refer to this Entrust.net WAP Server Certification Practice Statement as a whole, as the same may from time to time be amended or supplemented, and not to any subdivision contained in this Entrust.net WAP Server Certification Practice Statement. The word "including" when used herein is not intended to be exclusive and means "including, without limitation."
2.4.2.1 Severability
Whenever possible, each provision of the Entrust.net WAP Server Certification Practice Statement, any
Subscription Agreements, and any Relying Party Agreements shall be interpreted in such a manner as to be
effective and valid under applicable law. If the application of any provision of the Entrust.net WAP Server
Certification Practice Statement, any Subscription Agreements, or any Relying Party Agreements or any
portion thereof to any particular facts or circumstances shall be held to be invalid or unenforceable by an
arbitrator or court of competent jurisdiction, then (i) the validity and enforceability of such provision as
applied to any other particular facts or circumstances and the validity of other provisions of the Entrust.net
WAP Server Certification Practice Statement, any Subscription Agreements, or any Relying Party
Agreements shall not in any way be affected or impaired thereby, and (ii) such provision shall be enforced
to the maximum extent possible so as to effect its intent and it shall be reformed without further action to
the extent necessary to make such provision valid and enforceable.
FOR GREATER CERTAINTY, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EVERY PROVISION OF THE ENTRUST.NET WAP SERVER CERTIFICATION PRACTICE STATEMENT, ANY SUBSCRIPTION AGREEMENTS, OR ANY RELYING PARTY AGREEMENTS THAT DEAL WITH (I) LIMITATION OF LIABILITY OR DAMAGES, (II) DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, CONDITIONS, OR LIABILITIES, OR (III) INDEMNIFICATION, IS EXPRESSLY INTENDED TO BE SEVERABLE FROM ANY OTHER PROVISIONS OF THE ENTRUST.NET WAP SERVER CERTIFICATION PRACTICE STATEMENT, ANY SUBSCRIPTION AGREEMENTS, OR ANY RELYING PARTY AGREEMENTS AND SHALL BE SO INTERPRETED AND ENFORCED.
2.4.2.2 Survival
The provisions of the section entitled "Definitions" and sections 2.1.3.1, 2.1.4.1, 2.2, 2.3, 2.4, 2.8, 2.9,
3.1.5, 3.1.6, 4.6 and 8.2 shall survive termination or expiration of the Entrust.net WAP Server Certification
Practice Statement, any Subscription Agreements, and any Relying Party Agreements. All references to
sections that survive termination of the Entrust.net WAP Server Certification Practice Statement, any
Subscription Agreements, and any Relying Party Agreements, shall include all sub-sections of such
sections. All payment obligations shall survive any termination or expiration of the Entrust.net WAP Server
Certification Practice Statement, any Subscription Agreements, and any Relying Party Agreements.
2.4.2.3 Merger
The Entrust.net WAP Server Certification Practice Statement, the Subscription Agreements, and the
Relying Party Agreements state all of the rights and obligations of Entrust.net, any independent third-party
Registration Authorities operating under an Entrust.net WAP Server Certification Authority, any Resellers,
Co-marketers, and any subcontractors, distributors, agents, suppliers, employees, or directors of any of the
foregoing, and any Applicant, Subscriber, or Relying Party and any other persons, entities, or organizations
in respect to the subject matter hereof and thereof and such rights and obligations shall not be augmented or
derogated by any prior agreements, communications, or understandings of any nature whatsoever whether
oral or written. The rights and obligations of Entrust.net, any independent third-party Registration
Authorities operating under an Entrust.net WAP Server Certification Authority, any Resellers, Co-marketers, and any subcontractors, distributors, agents, suppliers, employees, and directors of any of the
foregoing may not be modified or waived orally and may be modified only in a writing signed or
authenticated by a duly authorized representative of Entrust.net.
2.4.2.4 Conflict of Provisions
In the event of a conflict between the provisions of the Entrust.net WAP Server Certification Practice
Statement and any express written agreement between Entrust.net or an independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority and a Subscriber or Relying Party, with respect to Entrust.net WAP Server Certificates or any services provided in respect to Entrust.net WAP Server Certificates, such other express written agreement shall take precedence. In the event of any inconsistency between the provisions of this Entrust.net WAP Server Certification Practice Statement and the provisions of any Subscription Agreement or any Relying Party Agreement, the terms and conditions of this Entrust.net WAP Server Certification Practice Statement shall govern.
2.4.2.5 Waiver
The failure of Entrust.net to enforce, at any time, any of the provisions of this Entrust.net WAP Server
Certification Practice Statement, a Subscription Agreement with Entrust.net, or a Relying Party Agreement
with Entrust.net or the failure of Entrust.net to require, at any time, performance by any Applicant,
Subscriber, Relying Party or any other person, entity, or organization of any of the provisions of this
Entrust.net WAP Server Certification Practice Statement, a Subscription Agreement with Entrust.net, or a
Relying Party Agreement with Entrust.net, shall in no way be construed to be a present or future waiver of
such provisions, nor in any way affect the ability of Entrust.net to enforce each and every such provision
thereafter. The express waiver by Entrust.net of any provision, condition, or requirement of this Entrust.net
WAP Server Certification Practice Statement, a Subscription Agreement with Entrust.net, or a Relying
Party Agreement with Entrust.net shall not constitute a waiver of any future obligation to comply with such
provision, condition, or requirement. The failure of an independent third-party Registration Authority or
Reseller operating under an Entrust.net WAP Server Certification Authority ("Registration Authority") to
enforce, at any time, any of the provisions of a this Entrust.net WAP Server Certification Practice
Statement, any Subscription Agreement with such Registration Authority, or any Relying Party Agreement
with such Registration Authority or the failure to require by such Registration Authority, at any time,
performance by any Applicant, Subscriber, Relying Party or any other person, entity, or organization of this
Entrust.net WAP Server Certification Practice Statement, any Subscription Agreement with such
Registration Authority, or any Relying Party Agreement with such Registration Authority shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of such
Registration Authority to enforce each and every such provision thereafter. The express waiver by a
Registration Authority of any provision, condition, or requirement of a Subscription Agreement with such
Registration Authority or a Relying Party Agreement with such Registration Authority shall not constitute a
waiver of any future obligation to comply with such provision, condition, or requirement.
2.4.2.6 Notice
Any notice to be given by a Subscriber, Applicant, or Relying Party to Entrust.net under this Entrust.net
WAP Server Certification Practice Statement, a Subscription Agreement, or a Relying Party Agreement
shall be given in writing to the address specified below by prepaid receipted mail, facsimile, or overnight
courier, and shall be effective as follows (i) in the case of facsimile or courier, on the next Business Day,
and (ii) in the case of receipted mail, five (5) Business Days following the date of deposit in the mail. Any
notice to be given by Entrust.net under the Entrust.net WAP Server Certification Practice Statement, any
Subscription Agreement, or any Relying Party Agreement shall be given by email or by facsimile or courier
to the last address, email address or facsimile number for the Subscriber on file with Entrust.net. In the
event of notice by email, the notice shall become effective on the next Business Day. In the event of notice
by prepaid receipted mail, facsimile, or overnight courier, notice shall become effective as specified in (i)
or (ii), depending on the means of notice utilized.
Notice address for Entrust.net: Entrust.net Inc.:
1000 Innovation Drive
Ottawa, Ontario, Canada
K2K 3E7
Attention: Director Operations, Entrust.net
Fax: 1-877-839-3538
2.4.2.7 Assignment
Entrust.net WAP Server Certificates and the rights granted under the Entrust.net WAP Server Certification
Practice Statement, any Subscription Agreement, or any Relying Party Agreement are personal to the
Applicant, Subscriber, or Relying Party that entered into the Subscription Agreement or Relying Party
Agreement and cannot be assigned, sold, transferred, or otherwise disposed of, whether voluntarily,
involuntarily, by operation of law, or otherwise, without the prior written consent of Entrust.net or the
Registration Authority under an Entrust.net WAP Server Certification Authority with which such Applicant, Subscriber, or Relying Party has contracted. Any attempted assignment or transfer without such consent shall be void and shall automatically terminate such Applicant's, Subscriber's or Relying Party's rights under the Entrust.net WAP Server Certification Practice Statement, any Subscription Agreement, or any Relying Party Agreement. Entrust.net may assign, sell, transfer, or otherwise dispose of the Entrust.net
WAP Server Certification Practice Statement, any Subscription Agreements, or any Relying Party
Agreements together with all of its rights and obligations under the Entrust.net WAP Server Certification
Practice Statement, any Subscription Agreements, and any Relying Party Agreements (i) to an Affiliate, or
(ii) as part of a sale, merger, or other transfer of all or substantially all the assets or stock of the business of Entrust.net to which the Entrust.net WAP Server Certification Practice Statement, the Subscription
Agreements, and Relying Party Agreements relate. Subject to the foregoing limits, this Agreement shall be
binding upon and shall inure to the benefit of permitted successors and assigns of Entrust.net, any third-party Registration Authorities operating under the Entrust.net Certification Authorities, Applicants,
Subscribers, and Relying Parties, as the case may be.
2.4.3 Dispute Resolution Procedures
Any disputes between a Subscriber or an Applicant and Entrust.net or any third-party Registration
Authorities operating under the Entrust.net Certification Authorities, or a Relying Party and Entrust.net or
any third-party Registration Authorities operating under the Entrust.net Certification Authorities, shall be
submitted to mediation in accordance with the Commercial Mediation Rules of the American Arbitration
Association which shall take place in English in Ottawa, Ontario. In the event that a resolution to such
dispute cannot be achieved through mediation within thirty (30) days, the dispute shall be submitted to
binding arbitration. The arbitrator shall have the right to decide all questions of arbitrability. The dispute
shall be finally settled by arbitration in accordance with the rules of the American Arbitration Association,
as modified by this provision. Such arbitration shall take place in English in Ottawa, Ontario, before a sole
arbitrator appointed by the American Arbitration Association (AAA) who shall be appointed by the AAA
from its Technology Panel and shall be reasonably knowledgeable in electronic commerce disputes. The
arbitrator shall apply the laws of the Province of Ontario, without regard to its conflict of laws provisions,
and shall render a written decision within thirty (30) days from the date of close of the arbitration hearing,
but no more than one (1) year from the date that the matter was submitted for arbitration. The decision of
the arbitrator shall be binding and conclusive and may be entered in any court of competent jurisdiction. In
each arbitration, the prevailing party shall be entitled to an award of all or a portion of its costs in such
arbitration, including reasonable attorney's fees actually incurred. Nothing in the Entrust.net WAP Server
Certification Practice Statement, or in any Subscription Agreement, or any Relying Party Agreement shall
preclude Entrust.net or any third-party Registration Authorities operating under the Entrust.net Certification
Authorities from applying to any court of competent jurisdiction for temporary or permanent injunctive
relief, without breach of this Section 2.4.3 and without any abridgment of the powers of the arbitrator, with
respect to any (i) alleged Compromise that affects the integrity of an Entrust.net WAP Server Certificate, or
(ii) alleged breach of the terms and conditions of the Entrust.net WAP Server Certification Practice
Statement, any Subscription Agreement, or any Relying Party Agreement. The institution of any arbitration
or any action shall not relieve an Applicant, Subscriber or Relying Party of its obligations under the
Entrust.net WAP Server Certification Practice Statement, any Subscription Agreement, or any Relying
Party Agreement.
2.4.3.1 Limitation Period on Arbitrations and Actions
Any and all arbitrations or legal actions in respect to a dispute that is related to an Entrust.net WAP Server
Certificate or any services provided in respect to an Entrust.net WAP Server Certificate shall be
commenced prior to the end of one (1) year after (i) the expiration of the Entrust.net WAP Server
Certificate in dispute, or (ii) the date of provision of the disputed service or services in respect to the
Entrust.net WAP Server Certificate in dispute, whichever is sooner. If any arbitration or action in respect to
a dispute that is related to an Entrust.net WAP Server Certificate or any service or services provided in
respect to an Entrust.net WAP Server Certificate is not commenced prior to such time, any party seeking to
institute such an arbitration or action shall be barred from commencing or proceeding with such arbitration
or action.
2.5 Fees
The fees for services provided by Entrust.net in respect to Entrust.net WAP Server Certificates are set forth in the Entrust.net Repository. These fees are subject to change, and any such changes shall become
effective immediately after posting in the Entrust.net Repository. The fees for services provided by
independent third-party Registration Authorities, Resellers and Co-marketers in respect to Entrust.net WAP
Server Certificates are set forth on the web sites operated by such Registration Authorities, Resellers and
Co-marketers. These fees are subject to change, and any such changes shall become effective immediately
after posting in such web sites.
2.5.1 Certificate Issuance or Renewal Fees
See the Entrust.net Repository for the fees charged by Entrust.net. See the web sites operated by
Registration Authorities operating under the Entrust.net Certification Authorities, Resellers, and Co-marketers for the fees charged by such Registration Authorities, Resellers, and Co-marketers.
2.5.2 Certificate Access Fees
See the Entrust.net Repository for the fees charged by Entrust.net. See the web sites operated by
Registration Authorities operating under the Entrust.net Certification Authorities, Resellers, and Co-marketers for the fees charged by such Registration Authorities, Resellers, and Co-marketers.
2.5.3 Revocation or Status Information Access Fees
No stipulation. Revocation of Certificates is not supported in Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
2.5.4 Fees for Other Services such as Policy Information
See the Entrust.net Repository for the fees charged by Entrust.net. See the web sites operated by
Registration Authorities operating under the Entrust.net Certification Authorities, Resellers, and Co-marketers for the fees charged by such Registration Authorities, Resellers, and Co-marketers.
2.5.5 Refund Policy
Neither Entrust.net nor any Registration Authorities operating under the Entrust.net Certification
Authorities nor any Resellers or Co-Marketers provide any refunds for Entrust.net WAP Server Certificates
or services provided in respect to Entrust.net WAP Server Certificates.
2.6 Publication and Repositories
Entrust.net maintains the Entrust.net Repository to store various information related to Entrust.net WAP
Server Certificates and the operation of Entrust.net WAP Server Certification Authorities, Entrust.net
Registration Authorities, and third-party Registration Authorities operating under the Entrust.net WAP
Server Certification Authorities. The Entrust.net WAP Server Certification Practice Statement and various
other related information is published in the Entrust.net Repository. The Entrust.net WAP Server
Certification Practice Statement is also available from Entrust.net in hard copy upon request.
2.6.1 Publication of CA Information
The following Entrust.net WAP Server Certificate information is published in the Entrust.net Repository:
| (i) | the Entrust.net WAP Server Certification Practice Statement; and | (ii) | information and agreements regarding the subscription for and reliance on Entrust.net WAP Server Certificates. |
The data formats used for Entrust.net WAP Server Certificates is in accordance with Version 1.1 of the WTLS Specification as published by the Wireless Application Protocol Forum Ltd.
2.6.2 Frequency of Publication
The Entrust.net WAP Server Certification Practice Statement may be re-issued and published in accordance
with the policy set forth in Section 8 of this Entrust.net WAP Server Certification Practice Statement.
2.6.3 Access Controls
The Entrust.net WAP Server Certification Practice Statement is published in the Entrust.net Repository.
The Entrust.net WAP Server Certification Practice Statement will be available to all Applicants,
Subscribers and Relying Parties, but may only be modified by the Entrust.net Policy Authority.
2.6.4 Repositories
The Entrust.net WAP Server Certification Authorities maintain the Entrust.net Repositories to allow access
to Entrust.net WAP Server Certificate-related information. The information in the Entrust.net Repositories
is accessible through a web interface and is periodically updated as set forth in this Entrust.net WAP Server
Certification Practice Statement. The Entrust.net Repositories are the only approved source for information
about Entrust.net WAP Server Certificates.
2.7 Compliance Audit
Entrust.net WAP Server Certification Authorities, Entrust.net-operated Registration Authorities, and
independent third-party Registration Authorities operating under the Entrust.net WAP Server Certification
Authorities shall be audited for compliance against the practices and procedures set forth in the Entrust.net
WAP Server Certification Practice Statement.
2.7.1 Frequency of Entity Compliance Audit
Entrust.net WAP Server Certification Authorities, Entrust.net-operated Registration Authorities, and
independent third-party Registration Authorities operating under the Entrust.net WAP Server Certification
Authorities shall be audited once per calendar year for compliance with the practices and procedures set
forth in the Entrust.net WAP Server Certification Practice Statement. If the results of an audit report
recommend remedial action, Entrust.net or the applicable independent third-party Registration Authority
shall initiate corrective action within thirty (30) days of receipt of such audit report.
2.7.2 Identity/Qualifications of Auditor
The compliance audit shall be performed by a certified public accounting firm with a demonstrated
competency in the evaluation of Certification Authorities and Registration Authorities. Deloitte & Touche
LLP has been selected as the auditor for the Entrust.net Certification Authorities and for the Entrust.net-operated Registration Authorities.
2.7.3 Auditor's Relationship to Audited Party
The certified public accounting firm selected to perform the compliance audit for the Entrust.net WAP
Server Certification Authorities, Entrust.net-operated Registration Authorities, or independent third-party
operated Registration Authorities under the Entrust.net Certification Authorities shall be independent from
the entity being audited.
2.7.4 Topics Covered by Audit
The compliance audit shall test compliance of Entrust.net WAP Server Certification Authorities,
Entrust.net-operated Registration Authorities, or independent third-party operated Registration Authorities
under the Entrust.net Certification Authorities against the policies and procedures set forth in this
Entrust.net WAP Server Certification Practice Statement.
2.7.5 Actions Taken as a Result of Deficiency
Upon receipt of a compliance audit that identifies any deficiencies, the audited Entrust.net WAP Server
Certification Authority, Entrust.net-operated Registration Authority, or independent third-party operated
Registration Authority under an Entrust.net WAP Server Certification Authority shall use commercially
reasonable efforts to correct any such deficiencies in an expeditious manner.
2.7.6 Communication of Results
The results of all compliance audits shall be communicated, in the case of Entrust.net WAP Server
Certification Authorities, to the Entrust.net Operational Authority, and, in the case of any Entrust.net-operated Registration Authorities under an Entrust.net WAP Server Certification Authorities, to the
Entrust.net Operation Authority, and in the case of third-party Registration Authorities operating under an
Entrust.net WAP Server Certification Authority, to the operational authority for such Registration
Authority.
2.8 Confidentiality
Neither Entrust.net nor any independent third-party Registration Authorities operating under the Entrust.net
Certification Authorities, nor any Resellers or Co-Marketers shall disclose or sell Applicant or Subscriber
names (or other information submitted by an Applicant or Subscriber when applying for an Entrust.net
WAP Server Certificate), except in accordance with this Entrust.net WAP Server Certification Practice
Statement, a Subscription Agreement, or a Relying Party Agreement. Entrust.net and all independent third-party Registration Authorities operating under the Entrust.net Certification Authorities, and all Resellers
and Co-Marketers shall use a commercially reasonable degree of care to prevent such information from
being used or disclosed for purposes other than those set forth in the Entrust.net WAP Server Certification
Practice Statement, a Subscription Agreement, or a Relying Party Agreement. Notwithstanding the
foregoing, Applicants and Subscribers acknowledge that some of the information supplied with an
Entrust.net WAP Server Certificate Application is incorporated into Entrust.net WAP Server Certificates
and that Entrust.net and all independent third-party Registration Authorities operating under the Entrust.net
Certification Authorities, and all Resellers and Co-Marketers shall be entitled to make such information
publicly available.
2.8.1 Types of Information to be Kept Confidential
Information that is supplied by Applicants, Subscribers, or Relying Parties for the subscription for, use of,
or reliance upon an Entrust.net WAP Server Certificate, and which is not included in the information
described in Section 2.8.2 below, shall be considered to be confidential. Entrust.net and independent third-party Registration Authorities under the Entrust.net Certification Authorities shall be entitled to disclose such information to any subcontractors or agents that are assisting Entrust.net in the verification of
information supplied in Entrust.net WAP Server Certificate Applications or that are assisting Entrust.net in
the operation of the Entrust.net WAP Server Certification Authorities or Entrust.net-operated Registration
Authorities. Information considered to be confidential shall not be disclosed unless compelled pursuant to
legal, judicial, or administrative proceedings, or otherwise required by law. Entrust.net and independent
third-party Registration Authorities under the Entrust.net Certification Authorities shall be entitled to
disclose information that is considered to be confidential to legal and financial advisors assisting in
connection with any such legal, judicial, administrative, or other proceedings required by law, and to
potential acquirors, legal counsel, accountants, banks and financing sources and their advisors in connection with mergers, acquisitions, or reorganizations.
2.8.2 Types of Information not Considered Confidential
Information that is included in an Entrust.net WAP Server Certificate shall not be considered confidential.
Information contained in the Entrust.net WAP Server Certification Practice Statement shall not be
considered confidential. Without limiting the foregoing, information that (i) was or becomes known
through no fault of Entrust.net, an independent third-party Registration Authority under an Entrust.net WAP Server Certification Authority, a Reseller, or a Co-marketer, (ii) was rightfully known or becomes rightfully known to Entrust.net, an independent third-party Registration Authority under the Entrust.net WAP Server Certification Authority, a Reseller, or a Co-marketer without confidential or proprietary restriction from a source other than the Subscriber, (iii) is independently developed by Entrust.net, an independent third-party Registration Authority under an Entrust.net WAP Server Certification Authority, a Reseller, or a Co-marketer, or (iv) is approved by a Subscriber for disclosure, shall not be considered confidential.
2.8.3 Disclosure of Certificate Revocation/Suspension Information
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
2.8.4 Release to Law Enforcement Officials
Entrust.net, independent third-party Registration Authorities under an Entrust.net WAP Server Certification
Authority, Resellers, and Co-marketers shall have the right to release information that is considered to be
confidential to law enforcement officials in compliance with applicable law.
2.8.5 Release as Part of Civil Discovery
Entrust.net, independent third-party Registration Authorities under an Entrust.net WAP Server Certification
Authority, Resellers, and Co-marketers may disclose information that is considered confidential during the
course of any arbitration, litigation, or any other legal, judicial, or administrative proceeding relating to
such information. Any such disclosures shall be permissible provided that Entrust.net, the independent
third-party Registration Authority, Reseller, or Co-marketer uses commercially reasonable efforts to obtain
a court-entered protective order restricting the use and disclosure of any such information to the extent
reasonably required for the purposes of such arbitration, litigation, or any other legal, judicial, or
administrative proceeding.
2.8.6 Disclosure Upon Owner's Request
Entrust.net, independent third-party Registration Authorities under an Entrust.net WAP Server Certification
Authority, Resellers, and Co-marketers may disclose information provided to Entrust.net, such Registration
Authority, Reseller or Co-marketer, by an Applicant, a Subscriber, or a Relying Party upon request of such
Applicant, Subscriber, or Relying Party.
2.8.7 Other Information Release Circumstances
No stipulation.
2.9 Intellectual Property Rights
Entrust.net retains all right, title, and interest (including all intellectual property rights), in, to and under all Entrust.net WAP Server Certificates, except for any information that is supplied by an Applicant or a
Subscriber and that is included in an Entrust.net WAP Server Certificate, which information shall remain
the property of the Applicant or Subscriber. All Applicants and Subscribers grant to Entrust.net and any
Registration Authorities operating under the Entrust.net Certification Authorities a non-exclusive,
worldwide, paid-up, royalty-free license to use, copy, modify, publicly display, and distribute such
information, by any and all means and through any and all media whether now known or hereafter devised
for the purposes contemplated under the Entrust.net WAP Server Certification Practice Statement, the
Subscriber's Subscription Agreement, and any Relying Party Agreements. Entrust.net and any Registration
Authorities operating under the Entrust.net Certification Authorities shall be entitled to transfer, convey, or
assign this license in conjunction with any transfer, conveyance, or assignment as contemplated in Section
2.4.2.7. Entrust.net grants to Subscribers and Relying Parties a non-exclusive, non-transferable license to
use, copy, and distribute Entrust.net WAP Server Certificates, subject to such Entrust.net WAP Server
Certificates being used as contemplated under the Entrust.net WAP Server Certification Practice Statement,
the Subscriber's Subscription Agreement, and any Relying Party Agreements, and further provided that
such Entrust.net WAP Server Certificates are reproduced fully and accurately and are not published in any
publicly available database, repository, or directory without the express written permission of Entrust.net.
Entrust.net grants permission to reproduce the Entrust.net WAP Server Certification Practice Statement provided that (i) the copyright notice on the first page of this Entrust.net WAP Server Certification Practice Statement is retained on any copies of the Entrust.net WAP Server Certification Practice Statement, and (ii) the Entrust.net WAP Server Certification Practice Statement is reproduced fully and accurately. Entrust.net retains all right, title, and interest (including all intellectual property rights), in, to and under the Entrust.net WAP Server Certification Practice Statement.
In no event shall Entrust.net or any independent third-party Registration Authority operating under an Entrust.net WAP Server Certification Authority, or any Resellers or Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing be liable to any Applicants, Subscribers, or Relying Parties or any other third parties for any losses, costs, liabilities, expenses, damages, claims, or settlement amounts arising from or relating to claims of infringement, misappropriation, dilution, unfair competition, or any other violation of any patent, trademark, copyright, trade secret, or any other intellectual property or any other right of person, entity, or organization in any jurisdiction arising from or relating to any Entrust.net WAP Server Certificate or arising from or relating to any services provided in relation to any Entrust.net WAP Server Certificate.
3.1 Initial Registration
To obtain an Entrust.net WAP Server Certificate, an Applicant must: (i) generate a secure and
cryptographically sound Key Pair, (ii) agree to all of the terms and conditions of the Entrust.net WAP
Server Certification Practice Statement and the Subscription Agreement, (iii) complete and submit an
Entrust.net WAP Server Certificate Application, providing all information requested by an Entrust.net-operated Registration Authority or by an independent third-party Registration Authority under an
Entrust.net WAP Server Certification Authority (a "Registration Authority") without any errors,
misrepresentation, or omissions. Upon an Applicant's completion of the Entrust.net WAP Server
Certificate Application and acceptance of the terms and conditions of this Entrust.net WAP Server
Certification Practice Statement and the Subscription Agreement, a Registration Authority or a third-party
authorized by a Registration Authority shall perform limited verification of some of the information
contained in the Entrust.net WAP Server Certificate Application. If the limited verification performed by a
Registration Authority is successful, the Registration Authority may, in its sole discretion, request the
issuance to the Applicant of an Entrust.net WAP Server Certificate from an Entrust.net WAP Server
Certification Authority. If a Registration Authority refuses to request the issuance of an Entrust.net WAP
Server Certificate, the Registration Authority shall (i) use commercially reasonable efforts to notify the
Applicant by email of any reasons for refusal, and (ii) promptly refund any amounts that have been paid in
connection with the Entrust.net WAP Server Certificate Application. In the event of successful verification
of an Entrust.net WAP Server Certificate Application, the Registration Authority shall submit a request to
an Entrust.net WAP Server Certification Authority for the issuance of an Entrust.net WAP Server
Certificate and shall notify the Applicant by email once an Entrust.net WAP Server Certificate has been
issued by the Entrust.net WAP Server Certification Authority. The Applicant will be provided with a URL
that can be used to retrieve the Entrust.net WAP Server Certificate. Upon issuance of an Entrust.net WAP
Server Certificate, neither Entrust.net nor any independent third-party Registration Authority operating
under an Entrust.net WAP Server Certification Authority, nor any Resellers or Co-marketers, or any
subcontractors, distributors, agents, suppliers, employees, or directors of any of the foregoing shall have any obligation to perform any ongoing monitoring, investigation, or verification of the information provided in an Entrust.net WAP Server Certificate Application.
3.1.1 Types of Names
The Subject names in an Entrust.net WAP Server Certificate comply with Version 1.1 of the WTLS
Specification as published by the Wireless Application Protocol Forum Ltd. The Entrust.net WAP Server
Certification Authorities shall use a single naming convention as set forth below. Each Entrust.net WAP
Server Certificate shall contain the following information:
| (i) | the "Country Name" which is an optional field (C) that is the two-letter ISO 3166 code for the country in which the Applicant is located and plans to host the Wireless Application Protocol server on which the Applicant is intending to install the Entrust.net WAP Server Certificate; |
| (ii) | the "Organization Name" which is an optional field is the name of the organization in the case of a corporation, partnership, or other entity. In the case of a sole proprietorship, the organization name can be the name of the owner; |
| (iii) | the "Service Name" which is an optional field which is used to distinguish different organizational groups within an organization (for example, to distinguish between human resources, marketing, and development); and |
| (iv) | the "Common Name" which is the fully qualified hostname or path used to identify the Wireless Application Protocol server on which the Applicant is intending to install the Entrust.net WAP Server Certificate. |
3.1.2 Need for Names to Be Meaningful
The value of the Common Name to be used in an Entrust.net WAP Server Certificate shall be the
Applicant's fully qualified hostname or path that is used to identify the Wireless Application Protocol
server on which the Applicant is intending to install the Entrust.net WAP Server Certificate.
3.1.3 Rules for Interpreting Various Name Forms
Subject names for Entrust.net WAP Server Certificates shall be interpreted as set forth in Sections 3.1.1 and
3.1.2.
3.1.4 Uniqueness of Names
Names shall be defined unambiguously for each Subject in an Entrust.net Repository. The Distinguished
Name attribute should be unique to the Wireless Application Protocol server to which it is issued, and is
used to prevent two Entrust.net WAP Server Certificates from being assigned the same Subject name. Each
Entrust.net WAP Server Certificate shall be issued a unique serial number.
3.1.5 Name Claim Dispute Resolution Procedure
The Subject names in Entrust.net WAP Server Certificates are issued on a "first come, first served" basis. By accepting a Subject name for incorporation into an Entrust.net WAP Server Certificate, a Registration
Authority operating under an Entrust.net WAP Server Certification Authority does not determine whether
the use of such information infringes upon, misappropriates, dilutes, unfairly competes with, or otherwise
violates any intellectual property right or any other rights of any person, entity, or organization in any
jurisdiction. The Entrust.net WAP Server Certification Authorities and any Registration Authorities
operating under the Entrust.net WAP Server Certification Authorities neither act as an arbitrator nor
provide any dispute resolution between Subscribers or between Subscribers and third-party complainants in
respect to the use of any information in an Entrust.net WAP Server Certificate. The Entrust.net WAP
Server Certification Practice Statement does not bestow any procedural or substantive rights on any
Subscriber or third-party complainant in respect to any information in an Entrust.net WAP Server
Certificate. Neither the Entrust.net Certification Authorities nor any Registration Authorities operating
under the Entrust.net WAP Server Certification Authorities shall in any way be precluded from seeking
legal or equitable relief (including injunctive relief) in respect to any dispute between Subscribers or
between Subscribers and third-party complainants or in respect to any dispute between Subscribers and an
Entrust.net WAP Server Certification Authority or a Registration Authority operating under an Entrust.net
WAP Server Certification Authority or between a third-party complainant and an Entrust.net WAP Server
Certification Authority or a Registration Authority operating under an Entrust.net WAP Server Certification Authority arising out of any information in an Entrust.net WAP Server Certificate. Entrust.net WAP Server Certification Authorities and Registration Authorities operating under Entrust.net WAP Server Certification Authorities shall have the right to refuse to issue or to refuse to request the issuance of Entrust.net WAP Server Certificates upon receipt of a properly authenticated order from an arbitrator or court of competent jurisdiction in respect to information included in or which may be requested to be included in an Entrust.net WAP Server Certificate.
3.1.6 Recognition, Authentication and Role of Trademarks
The revocation of Certificates is not supported in Version 1.1 of the Wireless Application Protocol and
accordingly in the event of a dispute in which a third party alleges that the information contained in an
Entrust.net WAP Server Certificate violates the trademark or other rights of such third party, Entrust.net
WAP Server Certification Authorities and Registration Authorities operating under Entrust.net WAP Server Certification Authorities will not be able to take any action, such as possible revocation, in respect to an already issued Entrust.net WAP Server Certificate. In such a case, the disputing party shall be required to take action directly against the Subscriber to whom such Entrust.net WAP Server Certificate was issued.
An Entrust.net WAP Server Certification Authority or a Registration Authority operating under an Entrust.net WAP Server Certification Authority may, in certain circumstances, refuse to issue or refuse to request the issuance of an Entrust.net WAP Server Certificate that may violate the trademark rights of a third-party complainant. In the event that a third-party complainant provides an Entrust.net WAP Server Certification Authority or a Registration Authority operating under an Entrust.net WAP Server Certification Authority with (i) a certified copy that is not more than three (3) months old of a trademark registration from the principal trademark office in any one of the United States, Canada, Japan, Australia or any of the member countries of the European Union, and further provided that such registration is still in full force and effect, and (ii) a copy of a prior written notice to the Subscriber of the Entrust.net WAP Server Certificate in dispute, stating that the complainant believes that information in the Subscriber's Entrust.net WAP Server Certificate violates the trademark rights of the complainant, and (iii) a representation by the complainant indicating the means of notice and basis for believing that such notice was received by the Subscriber of the Entrust.net WAP Server Certificate in dispute, an Entrust.net WAP Server Certification Authority or a Registration Authority operating under an Entrust.net WAP Server Certification Authority may initiate the following actions. The Entrust.net WAP Server Certification Authority or a Registration Authority operating under the Entrust.net WAP Server Certification Authority will determine whether the issue date of the Subscriber's Entrust.net WAP Server Certificate predates the registration date on the trademark registration provided by the complainant. In the event that the date of issuance of the Subscriber's Entrust.net WAP Server Certificate predates the trademark registration date, the Entrust.net WAP Server Certification Authority or a Registration Authority operating under the Entrust.net WAP Server Certification Authority will take no further action unless presented with an authenticated order from an arbitrator or court of competent jurisdiction. If the date of issuance of the Entrust.net WAP Server Certificate is after the registration date on the trademark registration provided by the complainant, the Entrust.net WAP Server Certification Authority or a Registration Authority operating under the Entrust.net WAP Server Certification Authority shall request that the Subscriber provide a proof of ownership for the Subscriber's own corresponding trademark from the principal trademark office in any one of the United States, Canada, Japan, Australia or any of the member countries of the European Union. If the Subscriber can provide a certified copy, as set forth above, that predates or was issued on the same date as the complainant's trademark, the Entrust.net WAP Server Certification Authority and the Registration Authorities operating under an Entrust.net WAP Server Certification Authority will take no further action unless presented with an authenticated order from an arbitrator or court of competent jurisdiction. If the Subscriber does not respond within ten (10) Business Days, or if the date on the certified copy of the trademark registration provided by the Subscriber postdates the certified copy of the trademark registration provided by the complainant, then the Entrust.net WAP Server Certification Authority and the Registration Authorities operating under that Entrust.net WAP Server Certification Authority will not issue or will not request the issuance to the Subscriber of any additional Entrust.net WAP Server Certificates containing such disputed information.
If a Subscriber files litigation against a complainant, or if a complainant files litigation against a Subscriber, and such litigation is related to information in an issued Entrust.net WAP Server Certificate, and if the party instigating the litigation provides an Entrust.net WAP Server Certification Authority or a Registration Authority operating under an Entrust.net WAP Server Certification Authority with a copy of the file-stamped compliant or statement of claim, the Entrust.net WAP Server Certification Authority or the Registration Authority operating under an Entrust.net WAP Server Certification Authority that was presented with the complaint or statement of claim will not issue or request the issuance of any additional Entrust.net WAP Server Certificates containing such information during the period of the litigation. In the event of litigation as contemplated above, Entrust.net WAP Server Certification Authorities and Registration Authorities operating under the Entrust.net WAP Server Certification Authorities will comply with any directions by a court in respect to an Entrust.net WAP Server Certificate in dispute without the necessity of being named as a party to the litigation. If named as a party in any litigation in respect to an Entrust.net WAP Server Certificate, Entrust.net or any third party operating a Registration Authority under an Entrust.net WAP Server Certification Authority shall be entitled to take any action that it deems appropriate in responding to or defending such litigation. Any Subscriber or Relying Party that becomes involved in any litigation shall remain subject to all of the terms and conditions of the Entrust.net WAP Server Certification Practice Statement, the Subscriber's Subscription Agreement, and the Relying Party's Relying Party Agreement.
Registration Authorities operating under an Entrust.net WAP Server Certification Authority shall notify the Entrust.net WAP Server Certification Authority of any disputes of which such Registration Authority is aware and which relate to any information contained in an Entrust.net WAP Server Certificate whose issuance was requested by such Registration Authority.
3.1.7 Method to Prove Possession of Private Key
If the software generating a CSR supports proof possession tests for CSRs created using reversible
asymmetric algorithms (such as RSA). Registration Authorities operating under the Entrust.net WAP
Server Certification Authorities will perform such proof of possession tests by validating the signature on
the CSR submitted by the Applicant with the Entrust.net WAP Server Certificate Application. In the event
that the software generating a CSR does not support such proof of possession tests, Registration Authorities
operating under the Entrust.net WAP Server Certification Authorities will reject such CSRs.
3.1.8 Authentication of Organizational Identity
Registration Authorities operating under the Entrust.net WAP Server Certification Authorities shall perform a limited verification of any organizational identities that are submitted by an Applicant or Subscriber. Registration Authorities operating under the Entrust.net WAP Server Certification Authorities shall determine whether the organizational identity, address, and domain name provided with an Entrust.net
WAP Server Certificate Application are consistent with information contained in third-party databases
and/or governmental sources. The information and sources used for the limited verification of Entrust.net
WAP Server Certificate Applications may vary depending on the jurisdiction of the Applicant or
Subscriber. In the case of organizational identities that are not registered with any governmental sources,
Registration Authorities operating under the Entrust.net WAP Server Certification Authorities shall use
commercially reasonable efforts to confirm the existence of the organization. Such commercially
reasonable efforts may include inquiries with banks or other trustworthy persons or institutions.
Registration Authorities operating under the Entrust.net WAP Server Certification Authorities shall comply
with all verification practices mandated by the Entrust.net Policy Authority.
The Entrust.net Policy Authority may, in its discretion, update verification practices to improve the organization identity verification process. Any changes to verification practices shall be published pursuant to the standard procedures for updating the Entrust.net WAP Server Certification Practice Statement.
3.1.9 Authentication of Individual Identity
Registration Authorities operating under the Entrust.net WAP Server Certification Authorities shall perform a limited verification of any individual identities that are submitted by an Applicant or Subscriber. In order to establish the accuracy of an individual identity, the individual shall be required to appear before a representative of a Registration Authority operating under an Entrust.net WAP Server Certification
Authority or a notary public in the jurisdiction of the Applicant. The individual shall be required to produce
three (3) pieces of picture identification. The type of identification that is appropriate for proper
identification shall be dependent on the jurisdiction of the Applicant.
The Entrust.net Policy Authority may, in its discretion, update verification practices to improve the individual identity verification process. Any changes to verification practices shall be published pursuant to the standard procedures for updating the Entrust.net WAP Server Certification Practice Statement.
3.2 Routine Rekey
Each Entrust.net WAP Server Certificate shall contain a Certificate expiration date. The reason for having
an expiration date for a Certificate is to minimize the exposure of the Key Pair associated with the
Certificate. For this reason, when issuing an Entrust.net WAP Server Certificate, Entrust.net requires that a
new Key Pair be generated and that the new Public Key of this Key Pair be submitted with the Applicant's
Entrust.net WAP Server Certificate Application. Entrust.net does not renew Entrust.net WAP Server
Certificates, accordingly, if a Subscriber wishes to continue to use an Entrust.net WAP Server Certificate
beyond the expiry date for the current Entrust.net WAP Server Certificate, the Subscriber must apply for a
new Entrust.net WAP Server Certificate and replace the Entrust.net WAP Server Certificate that is about to
expire. In order to obtain another Entrust.net WAP Server Certificate, the Subscriber will be required to
complete the initial application process, as described in Section 3.1, including generation of a new Key Pair
and submission of all information required for an initial application for an Entrust.net WAP Server
Certificate. The Registration Authority that processed the Subscriber's Entrust.net WAP Server Certificate
Application shall make a commercially reasonable effort to notify Subscribers of the pending expiration of
their Entrust.net WAP Server Certificate by sending an email to the technical contact listed in the
corresponding Entrust.net WAP Server Certificate Application. Upon expiration of an Entrust.net WAP
Server Certificate, the Subscriber shall immediately cease using such Entrust.net WAP Server Certificate
and shall remove such Entrust.net WAP Server Certificate from any devices and/or software in which it has
been installed.
3.3 Rekey After Revocation
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
3.4 Revocation Request
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.1 Certificate Application
To obtain an Entrust.net WAP Server Certificate, an Applicant must follow the procedures described in
section 3.1 of the Entrust.net WAP Server Certification Practice Statement. An Entrust.net-operated
Registration Authority or an independent third-party Registration Authority operating under an Entrust.net
WAP Server Certification Authority shall follow the procedures described in Sections 3.1.8 and 3.1.9 to
perform limited verification of the identity of the Applicant.
4.2 Certificate Issuance
After performing limited verification of the information provided by an Applicant with an Entrust.net WAP
Server Certificate Application, a Registration Authority operating under an Entrust.net WAP Server
Certification Authority may request that an Entrust.net WAP Server Certification Authority issue an
Entrust.net WAP Server Certificate. Upon receipt of a request from a Registration Authority operating
under an Entrust.net WAP Server Certification Authority, that Entrust.net WAP Server Certification
Authority may generate and digitally sign an Entrust.net WAP Server Certificate in accordance with the
Certificate profile described in Section 7 of this Entrust.net WAP Server Certification Practice Statement.
4.3 Certificate Acceptance
Entrust.net WAP Server Certificates generated by an Entrust.net WAP Server Certification Authority will
be placed in an Entrust.net Repository. Once an Entrust.net WAP Server Certificate has been generated and
placed in an Entrust.net Repository, the Registration Authority that requested the issuance of the Entrust.net
WAP Server Certificate shall use commercially reasonable efforts to notify the Applicant by email that the
Entrust.net WAP Server Certificate requested by the Applicant is available. The email will contain a URL
for use by the Applicant to retrieve the Entrust.net WAP Server Certificate.
4.4 Certificate Suspension and Revocation
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.1 Circumstances for Revocation
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.2 Who Can Request Revocation
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.3 Procedure for Revocation Request
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.4 Revocation Request Grace Period
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.5 Circumstances for Suspension
Entrust.net WAP Server Certification Authorities do not suspend Entrust.net WAP Server Certificates.
4.4.6 Who Can Request Suspension
Entrust.net WAP Server Certification Authorities do not suspend Entrust.net WAP Server Certificates.
4.4.7 Procedure for Suspension Request
Entrust.net WAP Server Certification Authorities do not suspend Entrust.net WAP Server Certificates.
4.4.8 Limits on Suspension Period
Entrust.net WAP Server Certification Authorities do not suspend Entrust.net WAP Server Certificates.
4.4.9 CRL Issuance Frequency
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.10 CRL Checking Requirements
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.11 On-line Revocation/Status Checking Availability
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.12 On-line Revocation Checking Requirements
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
4.4.13 Other Forms of Revocation Advertisements Available
No other mechanisms are provided.
4.4.14 Checking Requirements For Other Forms of Revocation Advertisements
No stipulation.
4.4.15 Special Requirements Re Key Compromise
If a Subscriber suspects or knows that the Private Key corresponding to the Public Key contained in the
Subscriber's Entrust.net WAP Server Certificate has been Compromised, the Subscriber shall immediately
notify the Registration Authority that processed the Subscriber's Entrust.net WAP Server Certificate
Application of such suspected or actual Compromise. The Subscriber shall immediately stop using such
Entrust.net WAP Server Certificate and shall remove such Entrust.net WAP Server Certificate from any
devices and/or software in which such Entrust.net WAP Server Certificate has been installed. The
Subscriber shall be responsible for investigating the circumstances of such Compromise or suspected
Compromise and for notifying any Relying Parties that may have been affected by such Compromise or
suspected Compromise.
4.5 Security Audit Procedures
Significant security events in the Entrust.net WAP Server Certification Authorities are automatically time-stamped and recorded as audit logs in audit trail files. The audit trail files are processed (reviewed for
policy violations or other significant events) on a regular basis. Authentication codes are used in
conjunction with the audit trail files to protect against modification of audit logs. Audit trail files are
archived periodically. All files including the latest audit trail file are moved to back-up media and stored in
a secure archive facility.
4.6 Records Archival
The audit trail files and databases for Entrust.net WAP Server Certification Authorities are both archived.
The archive of an Entrust.net WAP Server Certification Authorities' database is retained for at least three
(3) years. Archives of audit trail files are retained for at least one (1) year. The databases for Entrust.net
WAP Server Certification Authorities are encrypted and protected by Entrust software master keys. The
archive media is protected through storage in a restricted-access facility to which only Entrust.net-authorized personnel have access. Archive files are backed up as they are created. Originals are stored on-site and housed with an Entrust.net WAP Server Certification Authority system. Backup files are stored at a
secure and separate geographic location.
4.7 Key Changeover
Subscribers are issued Entrust.net WAP Server Certificates that expire after a defined period of time to
minimize the exposure of the associated Key Pair. For this reason, a new Key Pair must be created and that
new Public Key must be submitted upon application for an Entrust.net WAP Server Certificate to replace an expiring Entrust.net WAP Server Certificate. The process for renewing an Entrust.net WAP Server
Certificate is described in Section 3.2.
4.8 Compromise and Disaster Recovery
Entrust.net WAP Server Certification Authorities have a disaster recovery plan to provide for timely
recovery of services in the event of a system outage.
Entrust.net requires rigorous security controls to maintain the integrity of Entrust.net WAP Server Certification Authorities. The Compromise of the Private Key used by an the Entrust.net WAP Server Certification Authority is viewed by Entrust.net as being very unlikely, however, Entrust.net has policies and procedures that will be employed in the event of such a Compromise. At a minimum, all Subscribers shall be informed as soon as practicable of such a Compromise and information shall be posted in the Entrust.net Repository.
4.9 CA Termination
In the event that an Entrust.net WAP Server Certification Authority ceases operation, all Entrust.net WAP
Server Certificates issued by such Entrust.net WAP Server Certification Authority shall expire at the end of
their validity periods.
5.1 Physical Controls
Entrust/Authorityä software is used as the software component of the Entrust.net WAP Server Certification Authorities. The hardware and software for an Entrust.net WAP Server Certification Authority is located in a secure facility with physical security and access control procedures that meet or exceed industry standards. The room containing the Entrust/Authority software is designated a two (2) person zone, and controls are used to prevent a person from being in the room alone. Alarm systems are used to notify security personnel of any violation of the rules for access to an Entrust.net WAP Server Certification Authority.
5.2 Procedural Controls
An Entrust.net WAP Server Certification Authority has a number of trusted roles for sensitive operations of
the Entrust.net WAP Server Certification Authority software. To gain access to the Entrust/Authority
software used in an Entrust.net WAP Server Certification Authority, operational personnel must undergo
background investigations. Certification Authority operations related to adding administrative personnel or
changing Entrust.net WAP Server Certification Authority policy settings require more than one (1) person
to perform the operation.
5.3 Personnel Controls
Operational personnel for an Entrust.net WAP Server Certification Authority will not be assigned other
responsibilities that conflict with their operational responsibilities for the Entrust.net WAP Server
Certification Authority. The privileges assigned to operational personnel for an Entrust.net WAP Server Certification Authority will be limited to the minimum required to carry out their assigned duties.
6.1.1 Key Pair Generation
The signing Key Pair for an Entrust.net WAP Server Certification Authority is created during the initial
start up of the Entrust/Master Control application and is protected by the master key for such Entrust.net
WAP Server Certification Authority. Hardware key generation is used which is compliant to at least FIPS
140-1 level 3.
6.1.2 Private Key Delivery to Entity
Not applicable.
6.1.3 Public Key Delivery to Certificate Issuer
The Public Key to be included in an Entrust.net WAP Server Certificate is delivered to Entrust.net WAP
Server Certification Authorities in a Certificate Signing Request (CSR) as part of the Entrust.net WAP
Server Certificate Application process.
6.1.4 CA Public Key Delivery to Users
The Public-Key Certificate for Entrust.net WAP Server Certification Authorities is self-signed.
6.1.5 Key Sizes
The WAP server key sizes are determined by the Subscriber's software.
6.1.6 Public-Key Parameters Generation
The Subscriber Wireless Application Protocol server software controls which Public-Key parameters are
used.
6.1.7 Parameter Quality Checking
The quality of the Public-Key parameters is governed by the Subscriber Wireless Application Protocol
server software that generates the parameters. Neither Entrust.net nor any independent third-party
Registration Authority operating under an Entrust.net WAP Server Certification Authority, nor any
Resellers or Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of
any of the foregoing make any representations or provide any representations, warranties or conditions
whatsoever about the quality of the Public Key contained in an Entrust.net WAP Server Certificate.
6.1.8 Hardware/Software Key Generation
The method for generating the Subscriber's Key Pair associated with an Entrust.net WAP Server Certificate
is solely under the control of the Subscriber, and neither Entrust.net nor any independent third-party
Registration Authority operating under an Entrust.net WAP Server Certification Authority, nor any
Resellers or Co-marketers, or any subcontractors, distributors, agents, suppliers, employees, or directors of
any of the foregoing shall have any responsibility or liability whatsoever for the generation of the
Subscriber's Key Pair.
6.1.9 Key Usage Purposes
Version 1.1 of the WTLS Specification as published by the Wireless Application Protocol Forum Ltd. does
not provide for key usage. Subscribers shall only use Entrust.net WAP Server Certificates for Wireless
Application Protocol servers. Subscribers shall not use Entrust.net WAP Server Certificates to sign other
Certificates.
6.2 Private Key Protection
The Entrust.net WAP Server Certification Authorities use Entrust/Authority software in conjunction with
hardware certified to FIPS 140-1 level 3 to protect the Entrust.net WAP Server Certification Authorities'
Private Keys. Subscribers are responsible for protecting the Private Key associated with the Public Key in
the Subscriber's Entrust.net WAP Server Certificate. Entrust.net does not escrow the Entrust.net WAP
Server Certification Authorities' Private Keys.
6.3 Other Aspects of Key Pair Management
No stipulation.
6.4 Activation Data
No stipulation.
6.5 Computer Security Controls
The workstations on which the Entrust.net WAP Server Certification Authorities operate are physically
secured as described in Section 5.1 of this Entrust.net WAP Server Certification Practice Statement. The
operating systems on the workstations on which the Entrust.net WAP Server Certification Authorities
operate enforce identification and authentication of users. Access to Entrust/Authority software databases
and audit trails is restricted as described in this Entrust.net WAP Server Certification Practice Statement.
All operational personnel that are authorized to have access to the Entrust.net WAP Server Certification
Authorities are required to use hardware tokens in conjunction with a PIN to gain access to the physical
room that contains the Entrust/Authority software being used for the Entrust.net WAP Server Certification
Authorities.
6.6 Life Cycle Technical Controls
The efficacy and appropriateness of the security settings described in this Entrust.net WAP Server
Certification Practice Statement are reviewed on a yearly basis. A risk and threat assessment will be
performed to determine if key lengths need to be increased or operational procedures modified from time to
time to maintain system security.
6.7 Network Security Controls
Remote access to Entrust/Authority software via the Entrust/Admin software interface is secured using the
security features of the Secure Exchange Protocol and Entrust/Session software.
6.8 Cryptographic Module Engineering Controls
The Entrust/Authority software cryptographic module is designed to conform to FIPS 140-1 level 1
requirements. Optional hardware tokens may be used to generate Key Pairs that may conform with higher
levels of FIPS validation, but which must at least conform to level 1.
7.1 Certificate Profile
The profile for the Entrust.net WAP Server Certificates issued by an Entrust.net WAP Server Certification
Authority conform to the specifications for the Wireless Transport Layer Security protocol.
7.2 CRL Profile
No stipulation. Revocation of Certificates is not supported by Version 1.1 of the WTLS Specification as
published by the Wireless Application Protocol Forum Ltd.
8.1 Contact Information
Director Operations, Entrust.net Inc.
Entrust.net Inc.
1000 Innovation Drive
Ottawa, Ontario, Canada
K2K 3E7
Tel: (613) 270-3157
Email: entrust.OA@entrust.net
8.2 Specification Change Procedures
Entrust.net may, in its discretion, modify the Entrust.net WAP Server Certification Practice Statement and
the terms and conditions contained herein from time to time. Modifications to the Entrust.net WAP Server
Certification Practice Statement that, in the judgment of Entrust.net, will have little or no impact on
Applicants, Subscribers, and Relying Parties, may be made with no change to the Entrust.net WAP Server
Certification Practice Statement version number and no notification to Applicants, Subscribers, and Relying Parties. Such changes shall become effective immediately upon publication in the Entrust.net Repository.
Modifications to the Entrust.net WAP Server Certification Practice Statement that, in the judgment of Entrust.net may have a significant impact on Applicants, Subscribers, and Relying Parties, shall be published in the Entrust.net Repository and shall become effective fifteen (15) days after publication in the Entrust.net Repository unless Entrust.net withdraws such modified Entrust.net WAP Server Certification Practice Statement prior to such effective date. In the event that Entrust.net makes a significant modification to Entrust.net WAP Server Certification Practice Statement, the version number of the Entrust.net WAP Server Certification Practice Statement shall be updated accordingly. Unless a Subscriber ceases to use and removes such Subscriber's Entrust.net WAP Server Certificate(s) prior to the date on which an updated version of the Entrust.net WAP Server Certification Practice Statement becomes effective, such Subscriber shall be deemed to have consented to the terms and conditions of such updated version of the Entrust.net WAP Server Certification Practice Statement and shall be bound by the terms and conditions of such updated version of the Entrust.net WAP Server Certification Practice Statement.
8.3 Publication and Notification Policies
Prior to major changes to this Entrust.net WAP Server Certification Practice Statement, notification of the
upcoming changes will be posted in the Entrust.net Repository.
8.4 CPS Approval Procedures
This Entrust.net WAP Server Certification Practice Statement and any subsequent changes shall be
approved by the Entrust.net Policy Authority.
| CA | Certification Authority |
| CPS | Certification Practice Statement |
| CRL | Certificate Revocation List |
| CSR | Certificate Signing Request |
| DN | Distinguished Name |
| DNS | Domain Name Server |
| DSA | Digital Signature Algorithm |
| HTTP | Hypertext Transfer Protocol |
| IETF | Internet Engineering Task Force |
| ITU-T | International Telecommunication Union - Telecommunication Standardization Sector |
| MAC | Message Authentication Code |
| OA | Operational Authority |
| OID | Object Identifier |
| PA | Policy Authority |
| PIN | Personal Identification Number |
| PKI | Public-Key Infrastructure |
| RA | Registration Authority |
| RDN | Relative Distinguished Name |
| RFC | Request for Comment |
| SEP | Secure Exchange Protocol |
| SSL | Secure Sockets Layer |
| TLS | Transport Layer Security |
| URL | Universal Resource Locator |
| WAP | Wireless Application Protocol |
| WTLS | Wireless Transport Layer Security |
| WWW | World-Wide Web |