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| author | Benny Baumann <BenBE@geshi.org> | 2015-01-14 17:43:10 +0100 |
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| committer | Benny Baumann <BenBE@geshi.org> | 2015-01-14 17:43:10 +0100 |
| commit | 00ae63b22b97efbe5702bf346b3d87d0353cd09d (patch) | |
| tree | 0bd3108b4ec4f6527063fffc317d1e716ca5aa7e | |
| parent | e18bdfeac8e0d6f6082e7fb3d3ef32bf61fd457e (diff) | |
| parent | 0ee3b4ad3aabb00beb3f128ab1ee1bf2da84bee5 (diff) | |
| download | cacert-devel-00ae63b22b97efbe5702bf346b3d87d0353cd09d.tar.gz cacert-devel-00ae63b22b97efbe5702bf346b3d87d0353cd09d.tar.xz cacert-devel-00ae63b22b97efbe5702bf346b3d87d0353cd09d.zip | |
Merge branch 'bug-1345' into release
| -rw-r--r-- | www/policy/CAcertCommunityAgreement.html | 924 |
1 files changed, 400 insertions, 524 deletions
diff --git a/www/policy/CAcertCommunityAgreement.html b/www/policy/CAcertCommunityAgreement.html index 810c043..3c1edd0 100644 --- a/www/policy/CAcertCommunityAgreement.html +++ b/www/policy/CAcertCommunityAgreement.html @@ -1,531 +1,407 @@ -<!DOCTYPE html> +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01//EN" + "http://www.w3.org/TR/html4/strict.dtd"> <html> <head> - <meta http-equiv="CONTENT-TYPE" content="text/html; charset=utf-8" lang="en"> - <title>CAcert Community Agreement</title> - <style> - .r{ - text-align: right; - } - .vTop{ - vertical-align: top; - } - dt{ - font-style: italic; - } - </style> - + <meta http-equiv="CONTENT-TYPE" content="text/html; charset=utf-8" > + <title>CAcert Community Agreement</title> + <style type="text/css"> +/*<![CDATA[*/ + .comment { + color : steelblue; + } + .first-does-not-work { + color : red; + } + .q { + color : green; + font-weight: bold; + text-align: center; + font-style:italic; + } + .change { + color : blue; + font-weight: bold; + } + .strike { + color : blue; + text-decoration:line-through; + } + img.c2 {border-style: none;} + a.c1 {color: steelblue} + /*]]>*/ + </style> </head> + <body> + <div class="comment"> + <table width="100%"> + <tr> + <td rowspan="2">Name: CCA <a class="c1" href= + "https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">COD9</a><br > + + Status: POLICY <a class="c1" href= + "https://wiki.cacert.org/PolicyDecisions#p20141008">p20141008</a><br > + Editor: <a class="c1" href= + "https://wiki.cacert.org/Community/HomePagesMembers/BenediktHeintel">Benedikt</a><br > + + Licence: <a class="c1" href="https://wiki.cacert.org/Policy#Licence" + title= + "this document is Copyright © CAcert Inc., licensed openly under CC-by-sa with all disputes resolved under DRP. More at wiki.cacert.org/Policy"> + CC-by-sa+DRP</a><br ></td> + + <td valign="top" align="right"><a href= + "https://www.cacert.org/policy/PolicyOnPolicy.php"><img src= + "images/cacert-policy.png" alt="CCA Status - POLICY" height="31" width= + "88" class="c2" ></a></td> + </tr> + </table> + </div> + + <h2>CAcert Community Agreement</h2> + + <h3><a name="0">0.</a> Introduction</h3> + + <p>This agreement is between you, being a registered member ("Member") within + CAcert's community at large ("Community") and CAcert Incorporated ("CAcert"), + being an operator of services to the Community.</p> + + <h4><a name="0.1">0.1</a> Terms</h4> + + <ol> + <li>"CAcert" means CAcert Inc., a non-profit Association of Members + incorporated in New South Wales, Australia. Note that Association Members + are distinct from the Members defined here.</li> + + <li>"Member" means you, a registered participant within CAcert's Community, + with an account on the website and the facility to request certificates. + Members may be individuals ("natural persons") or organisations ("legal + persons").</li> + + <li>"Organisation" is defined under the Organisation Assurance programme, + and generally includes corporations and other entities that become Members + and become Assured.</li> + + <li>"Community" means all of the Members that are registered by this + agreement and other parties by other agreements, all being under CAcert's + Arbitration.</li> + + <li>"Non-Related Person" ("NRP"), being someone who is not a Member, is not + part of the Community, and has not registered their agreement.</li> + + <li>(withdrawn)</li> + + <li>"Arbitration" is the Community's forum for resolving disputes, or + jurisdiction.</li> + + <li>"Dispute Resolution Policy" ("DRP" => COD7) is the policy and rules + for resolving disputes.</li> + + <li>"USE" means the act by your software to conduct its tasks, + incorporating the certificates according to software procedures.</li> + + <li>"RELY" means your human act in taking on a risk and liability on the + basis of the claim(s) bound within a certificate.</li> + + <li>"OFFER" means the your act of making available your certificate to + another person. Generally, you install and configure your software to act + as your agent and facilite this and other tasks. OFFER does not imply + suggestion of reliance.</li> + + <li>"Issue" means creation of a certificate by CAcert. To create a + certificate, CAcert affixes a digital signature from the root onto a public + key and other information. This act would generally bind a statement or + claim, such as your name, to your key.</li> + + <li>"Root" means CAcert's top level key, used for signing certificates for + Members. In this document, the term includes any subroots.</li> + + <li>"CAcert Official Document" ("COD") is an official managed and + controlled document (e. g. a Policy) of CAcert.</li> + + <li>"Certification Practice Statement" ("CPS" => COD6) is the document + that controls details about operational matters within CAcert.</li> + </ol> + + <h3><a name="1">1.</a> Agreement and Licence</h3> + + <h4><a name="1.1">1.1</a> Agreement</h4> + + <p>You agree to the terms and conditions in this agreement. Your agreement is + given by but not limited to</p> + + <ul> + <li>your signature on a form to request assurance of identity ("CAP" + form),</li> + + <li>your request on the website to join the Community and create an + account,</li> + + <li>your request for Organisation Assurance,</li> + + <li>your request for issuing of certificates, or</li> + + <li>if you USE, RELY, or OFFER any certificate issued to you.</li> + </ul> + + <p>Your agreement is effective from the date of the first event above that + makes this agreement known to you. This Agreement replaces and supersedes any + prior agreements.</p> + + <h4><a name="1.2">1.2</a> Licence</h4> + + <p>As part of the Community, CAcert offers you these rights:</p> + + <ol> + <li>You may USE any certificates issued by CAcert.</li> + + <li>You may RELY on any certificate issued by CAcert, as explained and + limited by CPS (COD6).</li> + + <li>You may OFFER certificates issued to you by CAcert to Members for their + RELIANCE.</li> + + <li>You may OFFER certificates issued to you by CAcert to NRPs for their + USE, within the general principles of the Community.</li> + + <li>This Licence is free of cost, non-exclusive, and + non-transferrable.</li> + </ol> + + <h4><a name="1.3">1.3</a> Your Contributions</h4> + + <p>You agree to a non-exclusive non-restrictive non-revokable transfer of + Licence to CAcert for your contributions. That is, if you post an idea or + comment on a CAcert forum, or email it to other Members, your work can be + used freely by the Community for CAcert purposes, including placing under + CAcert's licences for wider publication.</p> + + <p>You retain authorship rights, and the rights to also transfer + non-exclusive rights to other parties. That is, you can still use your ideas + and contributions outside the Community.</p> + + <p>Note that the following exceptions override this clause:</p> + + <ol> + <li>Contributions to controlled documents are subject to Policy on Policy + ("PoP" => COD1)</li> + + <li>Source code is subject to an open source licence regime.</li> + + <li>Personal data</li> + + <li>Postings under competing licences if clearly stated when posted</li> + </ol> + + <h4><a name="1.4">1.4</a> Privacy</h4> + + <p>You give rights to CAcert to store, verify and process and publish your + data in accordance with policies in force. These rights include shipping the + data to foreign countries for system administration, support and processing + purposes. Such shipping will only be done among CAcert Community + administrators and Assurers.</p> + + <p>Privacy is further covered in the Privacy Policy ("PP" => COD5).</p> + + <h3><a name="2">2.</a> Your Risks, Liabilities and Obligations</h3> + + <p>As a Member, you have risks, liabilities and obligations within this + agreement.</p> + + <h4><a name="2.1">2.1</a> Risks</h4> + + <ol> + <li>A certificate may prove unreliable.</li> + + <li>Your account, keys or other security tools may be lost or otherwise + compromised.</li> + + <li>You may find yourself subject to Arbitration (DRP => COD7).</li> + </ol> + + <h4><a name="2.2">2.2</a> Liabilities</h4> + + <ol> + <li>You are liable for any penalties as awarded against you by the + Arbitrator.</li> + + <li>Remedies are as defined in the DRP (COD7). An Arbitrator's ruling may + include monetary amounts, awarded against you.</li> + + <li>Your liability is limited to a total maximum of <b>1000 Euros</b>.</li> + + <li>"Foreign Courts" may assert jurisdiction. These include your local + courts, and are outside our Arbitration. Foreign Courts will generally + refer to the Arbitration Act of their country, which will generally refer + civil cases to Arbitration. The Arbitration Act will not apply to criminal + cases.</li> + </ol> + + <h4><a name="2.3">2.3</a> Obligations</h4> + + <p>You are obliged</p> + + <ol> + <li>to provide accurate information as part of Assurance. You give + permission for verification of the information using CAcert-approved + methods.</li> + + <li>to make no false representations.</li> + + <li>to submit all your disputes to Arbitration (DRP => COD7).</li> + + <li>to assist the Arbitrator by truthfully providing information, or with + any other reasonable request.</li> + + <li>to not share your CAcert account.</li> + </ol> + + <h4><a name="2.4">2.4</a> Principles</h4> + + <p>As a Member of CAcert, you are a member of the Community. You are further + obliged to work within the spirit of the Principles of the Community. These + are described in <a href= + "http://svn.cacert.org/CAcert/principles.html">Principles of the + Community</a>.</p> + + <h4><a name="2.5">2.5</a> Security</h4> + + <p>CAcert exists to help you to secure yourself. You are primarily + responsible for your own security. Your security obligations include</p> + + <ol> + <li>to secure yourself and your computing platform (e. g. PC),</li> + + <li>to keep your email account in good working order,</li> + + <li>to secure your CAcert account (e. g., credentials such as username, + password),</li> + + <li>to secure your private keys, ensuring that they are only used as + indicated by the certificate, or by wider agreement with others,</li> + + <li>to review certificates for accuracy, and</li> + + <li>when in doubt, notify CAcert,</li> + + <li>when in doubt, take other reasonable actions, such as revoking + certificates, changing account credentials, and/or generating new + keys.</li> + </ol> + + <p>Where, above, 'secure' means to protect to a reasonable degree, in + proportion with your risks and the risks of others.</p> + + <h3><a name="3">3.</a> Law and Jurisdiction</h3> + + <h4><a name="3.1">3.1</a> Governing Law</h4> + + <p>This agreement is governed under the law of New South Wales, Australia, + being the home of the CAcert Inc. Association.</p> + + <h4><a name="3.2">3.2</a> Arbitration as Forum of Dispute Resolution</h4> + + <p>You agree, with CAcert and all of the Community, that all disputes arising + out of or in connection to our use of CAcert services shall be referred to + and finally resolved by Arbitration under the rules within the Dispute + Resolution Policy of CAcert (DRP => COD7). The rules select a single + Arbitrator chosen by CAcert from among senior Members in the Community. The + ruling of the Arbitrator is binding and final on Members and CAcert + alike.</p> + + <p>In general, the jurisdiction for resolution of disputes is within CAcert's + own forum of Arbitration, as defined and controlled by its own rules (DRP + => COD7).</p> + + <p>We use Arbitration for many purposes beyond the strict nature of disputes, + such as governance and oversight. A systems administrator may need + authorisation to conduct a non-routine action, and Arbitration may provide + that authorisation. Thus, you may find yourself party to Arbitration that is + simply support actions, and you may file disputes in order to initiate + support actions.</p> + + <h4><a name="3.3">3.3</a> Termination</h4> + + <p>The CAcert Community Agreement is terminated</p> + + <ol> + <li>based on a Policy Group decision following (PoP => COD1). This + terminates the Agreement with every member.</li> + + <li>with a ruling of the Arbitrator or the completion of a termination + process defined by an Arbitrator ruling (DRP => COD7).</li> + + <li>by the end of existence of a member (i.e. death in the case of + individuals).</li> + </ol> + + <p>A member may declare the wish to resign from CAcert at any time by +writing to <em>support AT cacert.org</em>. This triggers a process for +termination of this agreement with the member.</p> + + <h4><a name="3.3">3.3a</a> Consequences of Termination</h4> + + <p>The termination discontinues the right to USE, OFFER and CREATE personal + certificates in any account of the former member. Those certificates will be + revoked and all services to the former member will be terminated as soon as + possible. However, some information will continue to be held for certificate + processing purposes.</p> + + <p>The provisions on Arbitration for the time of membership survive any + termination. Former members are still bound by the DRP (COD7), and the + Arbitrator may reinstate any provision of this agreement or bind them to a + ruling.</p> + + <p>As far as Organisations are concerned details are also defined in the + Organisation Assurance Policy (OAP => COD11).</p> + + <p>Every member learning about the death of a member or termination of + existence of a member should notify <em>support AT cacert.org</em>.</p> + + <h4><a name="3.4">3.4</a> Changes of Agreement</h4> + + <p>CAcert may from time to time vary the terms of this Agreement. Changes + will be done according to the documented CAcert policy for changing policies, + and is subject to scrutiny and feedback by the Community. Changes will be + notified to you by email to your primary address.</p> + + <p>If you do not agree to the changes, you may terminate as above. Continued + use of the service shall be deemed to be agreement by you.</p> + + <h4><a name="3.5">3.5</a> Communication</h4> + + <p>You are responsible for keeping your primary email account in good working + order and able to receive emails from CAcert.</p> + + <p>Notifications to CAcert are to be sent by email to the address <em>support + AT cacert.org</em>. You should attach a digital signature</p> + + <h3><a name="4">4.</a> Miscellaneous</h3> + + <h4><a name="4.1">4.1</a> (withdrawn)</h4> + + <h4><a name="4.2">4.2</a> References and Other Binding Documents</h4> + + <p>You are also bound by the Policies of the Community under the control of + Policy on Policy ("PoP" => COD1) and listed in <a href= + "https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">Controlled + Document List</a>.</p> + + <p>Controlled documents are primary, and may not be replaced or waived except + by formal policy channels and Arbitration.</p> + + <p>This agreement is controlled document COD9.</p> + + <h4><a name="4.3">4.3</a> Informative References</h4> + + <p>The governing documents are in English. Documents may be translated for + convenience. Because we cannot control the legal effect of translations, the + English documents are the ruling ones.</p> + + <p>Beside this Agreement and the Policies, there are other documents, i. e. + Policy Guides, Manuals and Handbooks, supporting and explaining this + Agreement and the Policies. These documents are not binding and in doubt this + Agreement and the Policies are valid.</p> -<div class="comment"> -<table style="width: 100%;"> - -<tr> -<td> - Name: CCA <a style="color: steelblue" href="https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">COD9</a><br /> - Status: POLICY <a style="color: steelblue" href="https://wiki.cacert.org/PolicyDecisions#p20080109">p20080109</a><br /> -Editor: <a style="color: steelblue" href="https://wiki.cacert.org/Iang">Iang</a><br /> - Licence: <a style="color: steelblue" href="https://wiki.cacert.org/Policy#Licence" title="this document is Copyright © CAcert Inc., licensed openly under CC-by-sa with all disputes resolved under DRP. More at wiki.cacert.org/Policy" > CC-by-sa+DRP </a><br /> - -</td> -<td class="vTop r"> - <a href="https://www.cacert.org/policy/PolicyOnPolicy.html"><img src="images/cacert-policy.png" alt="CCA Status - POLICY" height="31" width="88" style="border-style: none;" /></a> - -</td> -</tr> -</table> -</div> - -<h2> CAcert Community Agreement </h2> - - - -<h3 id="s0"> 0. Introduction </h3> - -<p> -This agreement is between -you, being a registered member ("Member") -within CAcert's community at large ("Community") -and CAcert Incorporated ("CAcert"), -being an operator of services to the Community. -</p> - -<h4 id="s0.1"> 0.1 Terms </h4> -<dl> - <dt>"CAcert"</dt><dd> - means CAcert Inc., - a non-profit Association of Members incorporated in - New South Wales, Australia. - Note that Association Members are distinct from - the Members defined here.</dd> - <dt>"Member"</dt><dd> - means you, a registered participant within CAcert's Community, - with an account on the website and the - facility to request certificates. - Members may be individuals ("natural persons") - or organisations ("legal persons").</dd> - <dt>"Organisation"</dt><dd> - is defined under the Organisation Assurance programme, - and generally includes corporations and other entities - that become Members and become Assured.</dd> - <dt>"Community"</dt><dd> - means all of the Members - that are registered by this agreement - and other parties by other agreements, - all being under CAcert's Arbitration.</dd> - <dt>"Non-Related Person" ("NRP")</dt><dd> - being someone who is not a - Member, is not part of the Community, - and has not registered their agreement. - Such people are offered the NRP-DaL - another agreement allowing the USE of certificates.</dd> - <dt>"Non-Related Persons - Disclaimer and Licence" ("NRP-DaL")</dt><dd> - another agreement that is offered to persons outside the - Community.</dd> - <dt>"Arbitration"</dt><dd> - is the Community's forum for - resolving disputes, or jurisdiction.</dd> - <dt>"Dispute Resolution Policy" ("DRP" => COD7)</dt><dd> - is the policy and - rules for resolving disputes.</dd> - <dt>"USE"</dt><dd> - means the act by your software - to conduct its tasks, incorporating - the certificates according to software procedures.</dd> - <dt>"RELY"</dt><dd> - means your human act in taking on a - risk and liability on the basis of the claim(s) - bound within a certificate.</dd> - <dt>"OFFER"</dt><dd> - means the your act - of making available your certificate to another person. - Generally, you install and configure your software - to act as your agent and facilite this and other tasks. - OFFER does not imply suggestion of reliance.</dd> - <dt>"Issue"</dt><dd> - means creation of a certificate by CAcert. - To create a certificate, - CAcert affixes a digital signature from the root - onto a public key and other information. - This act would generally bind a statement or claim, - such as your name, to your key.</dd> - <dt>"Root"</dt><dd> - means CAcert's top level key, - used for signing certificates for Members. - In this document, the term includes any subroots.</dd> - <dt>"CAcert Official Document" ("COD" => COD3)</dt><dd> - in a standard format for describing the details of - operation and governance essential to a certificate authority. - Changes are managed and controlled. - CODs define more technical terms. - See 4.2 for listing of relevant CODs.</dd> - <dt>"Certification Practice Statement" ("CPS" => COD6)</dt><dd> - is the document that controls details - about operational matters within CAcert.</dd> -</dl> - - -<h3 id="s1"> 1. Agreement and Licence </h3> - -<h4 id="s1.1"> 1.1 Agreement </h4> - -<p> -You and CAcert both agree to the terms and conditions -in this agreement. -Your agreement is given by any of -</p> - -<ul><li> - your signature on a form to request assurance of identity - ("CAP" form), - </li><li> - your request on the website - to join the Community and create an account, - </li><li> - your request for Organisation Assurance, - </li><li> - your request for issuing of certificates, or - </li><li> - if you USE, RELY, or OFFER - any certificate issued to you. -</li></ul> - -<p> -Your agreement -is effective from the date of the first event above -that makes this agreement known to you. -This Agreement -replaces and supercedes prior agreements, -including the NRP-DaL. -</p> - - -<h4 id="s1.2"> 1.2 Licence </h4> - -<p> -As part of the Community, CAcert offers you these rights: -</p> - -<ol><li> - You may USE any certificates issued by CAcert. - </li><li> - You may RELY on any certificate issued by CAcert, - as explained and limited by CPS (COD6). - </li><li> - You may OFFER certificates issued to you by CAcert - to Members for their RELIANCE. - </li><li> - You may OFFER certificates issued to you by CAcert - to NRPs for their USE, within the general principles - of the Community. - </li><li> - This Licence is free of cost, - non-exclusive, and non-transferrable. -</li></ol> - -<h4 id="s1.3"> 1.3 Your Contributions </h4> - - -<p> -You agree to a non-exclusive non-restrictive non-revokable -transfer of Licence to CAcert for your contributions. -That is, if you post an idea or comment on a CAcert forum, -or email it to other Members, -your work can be used freely by the Community for -CAcert purposes, including placing under CAcert's licences -for wider publication. -</p> - -<p> -You retain authorship rights, and the rights to also transfer -non-exclusive rights to other parties. -That is, you can still use your -ideas and contributions outside the Community. -</p> - -<p> -Note that the following exceptions override this clause: -</p> - -<ol><li> - Contributions to controlled documents are subject to - Policy on Policy ("PoP" => COD1) - </li><li> - Source code is subject to an open source licence regime. -</li></ol> - -<h4 id="s1.4"> 1.4 Privacy </h4> - - -<p> -You give rights to CAcert to store, verify and process -and publish your data in accordance with policies in force. -These rights include shipping the data to foreign countries -for system administration, support and processing purposes. -Such shipping will only be done among -CAcert Community administrators and Assurers. -</p> - -<p> -Privacy is further covered in the Privacy Policy ("PP" => COD5). -</p> - -<h3 id="s2"> 2. Your Risks, Liabilities and Obligations </h3> - -<p> -As a Member, you have risks, liabilities -and obligations within this agreement. -</p> - -<h4 id="s2.1"> 2.1 Risks </h4> - -<ol><li> - A certificate may prove unreliable. - </li><li> - Your account, keys or other security tools may be - lost or otherwise compromised. - </li><li> - You may find yourself subject to Arbitration - (DRP => COD7). -</li></ol> - -<h4 id="s2.2"> 2.2 Liabilities </h4> - -<ol><li> - You are liable for any penalties - as awarded against you by the Arbitrator. - </li><li> - Remedies are as defined in the DRP (COD7). - An Arbitrator's ruling may - include monetary amounts, awarded against you. - </li><li> - Your liability is limited to - a total maximum of - <b>1000 Euros</b>. - </li><li> - "Foreign Courts" may assert jurisdiction. - These include your local courts, and are outside our Arbitration. - Foreign Courts will generally refer to the Arbitration - Act of their country, which will generally refer - civil cases to Arbitration. - The Arbitration Act will not apply to criminal cases. -</li></ol> - -<h4 id="s2.3"> 2.3 Obligations </h4> - -<p> - You are obliged -</p> - -<ol><li> - to provide accurate information - as part of Assurance. - You give permission for verification of the information - using CAcert-approved methods. - </li><li> - to make no false representations. - </li><li> - to submit all your disputes to Arbitration - (DRP => COD7). -</li></ol> - -<h4 id="s2.4"> 2.4 Principles </h4> - -<p> -As a Member of CAcert, you are a member of -the Community. - You are further obliged to - work within the spirit of the Principles - of the Community. - These are described in - <a href="https://svn.cacert.org/CAcert/principles.html">Principles of the Community</a>. -</p> - -<h4 id="s2.5"> 2.5 Security </h4> -<p> -CAcert exists to help you to secure yourself. -You are primarily responsible for your own security. -Your security obligations include -</p> - -<ol><li> - to secure yourself and your computing platform (e.g., PC), - </li><li> - to keep your email account in good working order, - </li><li> - to secure your CAcert account - (e.g., credentials such as username, password), - </li><li> - to secure your private keys, - </li><li> - to review certificates for accuracy, - and - </li><li> - when in doubt, notify CAcert, - </li><li> - when in doubt, take other reasonable actions, such as - revoking certificates, - changing account credentials, - and/or generating new keys. -</li></ol> - -<p> -Where, above, 'secure' means to protect to a reasonable -degree, in proportion with your risks and the risks of -others. -</p> - -<h3 id="s3"> 3. Law and Jurisdiction </h3> - -<h4 id="s3.1"> 3.1 Governing Law </h4> - -<p> -This agreement is governed under the law of -New South Wales, Australia, -being the home of the CAcert Inc. Association. -</p> - -<h4 id="s3.2"> 3.2 Arbitration as Forum of Dispute Resolution </h4> - -<p> -You agree, with CAcert and all of the Community, -that all disputes arising out -of or in connection to our use of CAcert services -shall be referred to and finally resolved -by Arbitration under the rules within the -Dispute Resolution Policy of CAcert -(DRP => COD7). -The rules select a single Arbitrator chosen by CAcert -from among senior Members in the Community. -The ruling of the Arbitrator is binding and -final on Members and CAcert alike. -</p> - -<p> -In general, the jurisdiction for resolution of disputes -is within CAcert's own forum of Arbitration, -as defined and controlled by its own rules (DRP => COD7). -</p> - -<p> -We use Arbitration for many purposes beyond the strict -nature of disputes, such as governance and oversight. -A systems administrator may -need authorisation to conduct a non-routine action, -and Arbitration may provide that authorisation. -Thus, you may find yourself party to Arbitration -that is simply support actions, and you may file disputes in -order to initiate support actions. -</p> - -<h4 id="s3.3"> 3.3 Termination </h4> -<p> -You may terminate this agreement by resigning -from CAcert. You may do this at any time by -writing to CAcert's online support forum and -filing dispute to resign. -All services will be terminated, and your -certificates will be revoked. -However, some information will continue to -be held for certificate processing purposes. -</p> - -<p> -The provisions on Arbitration survive any termination -by you by leaving CAcert. -That is, even if you resign from CAcert, -you are still bound by the DRP (COD7), -and the Arbitrator may reinstate any provision of this -agreement or bind you to a ruling. -</p> - -<p> -Only the Arbitrator may terminate this agreement with you. -</p> - -<h4 id="s3.4"> 3.4 Changes of Agreement </h4> - -<p> -CAcert may from time to time vary the terms of this Agreement. -Changes will be done according to the documented CAcert policy -for changing policies, and is subject to scrutiny and feedback -by the Community. -Changes will be notified to you by email to your primary address. -</p> - -<p> -If you do not agree to the changes, you may terminate as above. -Continued use of the service shall be deemed to be agreement -by you. -</p> - -<h4 id="s3.5"> 3.5 Communication </h4> - -<p> -Notifications to CAcert are to be sent by -email to the address -<b>support</b> <i>at</i> CAcert.org. -You should attach a digital signature, -but need not do so in the event of security -or similar urgency. -</p> - -<p> -Notifications to you are sent -by CAcert to the primary email address -registered with your account. -You are responsible for keeping your email -account in good working order and able -to receive emails from CAcert. -</p> - -<p> -Arbitration is generally conducted by email. -</p> - -<h3 id="s4"> 4. Miscellaneous </h3> - -<h4 id="s4.1"> 4.1 Other Parties Within the Community </h4> - -<p> -As well as you and other Members in the Community, -CAcert forms agreements with third party -vendors and others. -Thus, such parties will also be in the Community. -Such agreements are also controlled by the same -policy process as this agreement, and they should -mirror and reinforce these terms. -</p> - - -<h4 id="s4.2"> 4.2 References and Other Binding Documents </h4> - -<p> -This agreement is CAcert Official Document 9 (COD9) -and is a controlled document. -</p> - -<p> -You are also bound by -</p> - -<ol><li> - <a href="https://www.cacert.org/policy/CertificationPracticeStatement.html"> - Certification Practice Statement</a> (CPS => COD6). - </li><li> - <a href="https://www.cacert.org/policy/DisputeResolutionPolicy.html"> - Dispute Resolution Policy</a> (DRP => COD7). - </li><li> - <a href="https://www.cacert.org/policy/PrivacyPolicy.html"> - Privacy Policy</a> (PP => COD5). - </li><li> - <a href="https://svn.cacert.org/CAcert/principles.html"> - Principles of the Community</a>. -</li></ol> - -<p> -Where documents are referred to as <i>=> COD x</i>, -they are controlled documents -under the control of Policy on Policies (COD1). -</p> - -<p> -This agreement and controlled documents above are primary, -and may not be replaced or waived except -by formal policy channels and by Arbitration. -</p> - -<h4 id="s4.3"> 4.3 Informative References </h4> - -<p> -The governing documents are in English. -Documents may be translated for convenience. -Because we cannot control the legal effect of translations, -the English documents are the ruling ones. -</p> - -<p> -You are encouraged to be familiar with the -Assurer Handbook, -which provides a more readable introduction for much of -the information needed. -The Handbook is not however an agreement, and is overruled -by this agreement and others listed above. -</p> - -<h4 id="s4.4"> 4.4 Not Covered in this Agreement </h4> - -<p> -<b>Intellectual Property.</b> -This Licence does not transfer any intellectual -property rights ("IPR") to you. CAcert asserts and -maintains its IPR over its roots, issued certificates, -brands, logos and other assets. -Note that the certificates issued to you -are CAcert's intellectual property -and you do not have rights other than those stated. -</p> -<p><a href="http://validator.w3.org/check?uri=referer"><img src="images/valid-html50-blue.png" alt="Valid HTML 5" height="31" width="88"></a></p> + <h4><a name="4.4">4.4</a> (withdrawn)</h4> </body> </html> |