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Clareon Digital Certificate Policy

1.1 Overview. This Policy sets forth certain rules governing the issuance, management and use of Clareon Digital Certificates. Clareon Digital Certificates are issued to clients of the PayMode service under the terms of a Terms of Use Agreement (the "Agreement") which can be accessed at http://www.fleet.paymode.com/policies/TofUagreement.html. Clareon Digital Certificates are issued solely for use for secure and/or authenticated communication with the Clareon division of Fleet National Bank ("Clareon") and are not intended for any other purpose. Digital Signature Trust Co. ("DST"), as an independent contractor on behalf of Clareon, acts as Certification Authority in issuing, managing and revoking Clareon Digital Certificates, as instructed and authorized by Clareon, and provides Repository services with respect to such Clareon Digital Certificates.

1.2 General Definitions. The following terms, when used in this Policy or related agreements, shall have the meanings indicated:

Certificate A computer-based record or electronic message that: (a) identifies the Certification Authority issuing it; (b) names or identifies a Subscriber; (c) contains the Public Key of the Subscriber; (d) identifies the Certificate's operational period; and (e) is digitally signed by a Certification Authority. A Certificate includes not only its actual content but also all documents expressly referenced or incorporated in it.
Certificate Revocation List (CRL) A database or other list of Clareon Digital Certificates that have been revoked prior to the expiration of their validity period.
Certification Authority (CA) An entity that creates, issues, manages and revokes Certificates.
Clareon Digital Certificate A Certificate issued pursuant to this Policy by DST as instructed to do so by Clareon.
Digital Signature The transformation of an electronic record by one person using a Private Key and Public Key cryptography so that another person having the transformed record and the corresponding Public Key can accurately determine: (a) whether the transformation was created using the Private Key that corresponds to the Public Key; and (b) whether the record has been altered since the transformation was made.
Identification and Authentication (I&A) To ascertain and confirm through appropriate inquiry and investigation the identity of a Subscriber or other entity.
Key A general term used throughout this Policy to encompass any one of the defined keys mentioned in this General Definitions section (e.g., Private Key and Public Key).
Key Pair Two mathematically related Keys (a Private Key and its corresponding Public Key), having the properties that: (i) one Key can be used to encrypt a communication that can only be decrypted using the other Key; and (ii) even knowing one Key it is computationally infeasible to discover the other Key.
Policy This Clareon Digital Certificate Policy.
Private Key The Key of a Key Pair kept secret by its holder, used to create Digital Signatures and to decrypt messages or files that were encrypted with the corresponding Public Key.
Public Key The Key of a Key Pair publicly disclosed by the holder of the corresponding Private Key and used to validate Digital Signatures created with the corresponding Private Key and to encrypt messages so that they can be decrypted only with the corresponding Private Key.
Registration Authority (RA) An entity that creates, issues, manages and revokes Certificates. Clareon, or an entity contractually delegated by Clareon to accept and process Certificate applications and to verify the identity of potential Subscribers and authenticate information contained in Certificate applications in conformity with the provisions of this Policy and related agreements.
Relying Party The only party entitled to rely on a Clareon Digital Signature Certificate is Clareon, or a person expressly authorized by Clareon.
Repository An online system maintained by DST for storing and retrieving Clareon Digital Certificates and other information relevant to Clareon Digital Certificates and Digital Signatures, including information relating to certificate validity or revocation.
Subscriber An individual or entity that: (a) is named or identified in a Clareon Digital Certificate, or is responsible for the electronic device named, as the subject of the Clareon Digital Certificate; and (b) holds a Private Key that corresponds to the Public Key listed in that Clareon Digital Certificate.

1.3 Identification. The Object Identifier ("OID") for this Policy, to be asserted in Clareon Digital Certificates issued in accordance with this Policy, is: {joint-iso-ccitt (2) country (16) USA (840) US-company (1) DST (113839) CP (0) Clareon Digital Certificates (5)}.

1.4 Community and Applicability. Clareon determines and designates who is authorized to be a Registration Authority, Subscriber or Relying Party for the Clareon Digital Certificates issued under this Policy.

1.5 Contact Details. Questions regarding this Policy should be directed to Clareon; 15 Casco Street; Portland, Maine 04101; legal@fleet.paymode.com.

2. GENERAL LEGAL PROVISIONS

2.1 Obligations. Clareon Digital Certificates are issued to permit Clareon to securely and confidentially communicate with its customers and to authenticate customers and certain customer instructions to Clareon and its authorized Relying Parties as part of the PayMode service. Although it is technically possible to use a Clareon Digital Certificate for other purposes, Clareon expressly disclaims all such use, and any liability arising out of such other uses. Certificates used for authentication of Digital Payment Authorizations (as defined in the Terms of Use Agreement) may not be used for any other purpose.

In issuing a Clareon Digital Certificate that references this Policy, DST acts merely as a manufacturer of Certificates and makes no warranties or representations regarding the Clareon Digital Certificates. DST disclaims any and all responsibility for: (a) performing Identification and Authentication of applicants, (b) verifying the accuracy of information submitted by applicants, or (c) ensuring that the contents of a Clareon Digital Certificate are accurate, correct or authorized.

Each applicant for a Clareon Digital Certificate shall:

 
1.
provide complete and accurate responses to all requests for information made by Clareon, DST or the Registration Authority during the application, certification and authentication of identity processes;
 
2.
agree: a) that any document signed with his or her Digital Signature shall be sufficient to verify that he or she originated and signed such document; b) not to contest the validity or enforceability of such signed document under any provision of applicable law that requires certain agreements to be in writing or signed by the party to be bound; and c) that such signed document, if introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall be admissible to the same extent as though it had originated or been maintained in a documentary form;
 
3.
generate a Public/Private Key Pair using a reasonably trustworthy system, and take reasonable precautions to prevent any compromise, modification, loss, disclosure or unauthorized use of the Private Key;
 
4.
upon issuance of a Clareon Digital Certificate naming the applicant as the Subscriber, review the Clareon Digital Certificate, ensure that all information included in it is accurate and notify Clareon immediately if for any reason the Subscriber is dissatisfied with the Certificate;
 
5.
use the Clareon Digital Certificate and the corresponding Private Key for purposes authorized by this Certificate Policy and only in a manner consistent with this CP and the Clareon Terms of Use Agreement; and
 
6.
instruct Clareon to revoke the Clareon Digital Certificate promptly upon any actual or suspected loss, disclosure, or other compromise of the Private Key, or when information contained in the Certificate becomes inaccurate, false or misleading (e.g., whenever the Subscriber is no longer affiliated with the Organization or no longer holds a license, permit, certification, registration or other credentials identified in the Certificate).


2.2 Liability
. Clareon and DST disclaim any and all liability for the information contained in Certificates, including all claims for misappropriation of identity and intellectual property infringement.

2.3 Financial Responsibility. Except as provided in the Clareon Terms of Use Agreement, Clareon will not be liable, in contract, tort or otherwise to any applicant, Subscriber, Relying Party or any other party with respect to the application for or issuance, management or use of any Clareon Digital Certificate. Except as provided in its agreements with Clareon, DST will not be liable, in contract, tort or otherwise to any applicant, Subscriber, Relying Party or any other party with respect to the application for or issuance, management or use of any Clareon Digital Certificate.

Clareon clients agree that they will not pursue any claim against DST, as DST acts solely at the instructions of Clareon. Clareon clients indemnify and hold Clareon and DST harmless from and against any damages arising out of use of Clareon Digital Certificates for any purpose other than communication with Clareon.

2.4 Interpretation and Enforcement. The law of the State of Maine shall govern the enforceability, construction, interpretation and validity of this Policy, without regard to its conflicts of law principles.

2.5 Privacy and Data Protections. Clareon Digital Certificates and CRLs, and personal or corporate information appearing on them and in public directories, are not considered confidential. Information contained on a single Clareon Digital Certificate or related status information will not be considered confidential, when the information is used in accordance with the purposes of providing Certification Authority or Repository services and carrying out the provisions of this Policy. However, such information may not be used by any unauthorized party or for any unauthorized purpose (e.g., mass, unsolicited e-mailings, junk e-mail, spam, etc.), and any information pertaining to the management of Clareon Digital Certificates, such as compilations of certificate information, shall be treated as proprietary.

3. IDENTIFICATION AND AUTHENTICATION
DST does not perform, and assumes no liability for, the Identification and Authentication of applicants, Subscribers of Clareon Digital Certificates or Relying Parties.

4. CERTIFICATE LIFE CYCLE OPERATIONAL REQUIREMENTS
Policies and procedures concerning the issuance, validity periods, management and revocation of Clareon Digital Certificates are determined by agreement between Clareon and DST.

5. CERTIFICATION AUTHORITY FACILITY AND MANAGEMENT CONTROLS
All policies and procedures concerning DST's and Clareon's physical, procedural, personnel and other operational standards are determined by agreement between Clareon and DST.

6. TECHNICAL SECURITY CONTROLS
DST maintains a reliable system to ensure the security of its Private Keys. All policies and procedures concerning DST's and Clareon's technical security controls, including without limitations, Key generation, Key length, Key validity period, Private Key protection, and computer and network security, are determined by agreement between Clareon and DST.

7. CERTIFICATE AND CRL PROFILES
All policies and procedures concerning Clareon Digital Certificate profiles and CRL profiles are determined by agreement between Clareon and DST

8. SPECIFICATION ADMINISTRATION
DST maintains a reliable system to ensure the security of its Private Keys. All policies and procedures concerning DST's and Clareon's technical security controls, including without limitations, Key generation, Key length, Key validity period, Private Key protection, and computer and network security, are determined by agreement between Clareon and DST.

8.1 Policy Changes. Clareon and DST may correct errors, update, modify or amend this Policy from time to time. Clareon and DST will notify all Clareon Digital Certificate Subscribers of any correction, updates, modifications or amendments in accordance with the Clareon Terms of Use Agreement.

8.2 General. All other policies and procedures concerning maintenance and changes to this Policy are under the direction and control of DST and Clareon as determined by agreement between Clareon and DST.

Version 2.3 (09-24-03)





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