cacert-policies/Agreements/CAcertCommunityAgreement.html

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        <p>
        <center>
        <big>
        <br /><b>WARNING:</b><br />
        The proper policy document is located<br />
        <a href="//www.cacert.org/policy/CAcertCommunityAgreement.php">
        on the CAcert website </a>.<br />
        </big></b />
        This document is a <b>working draft</b> to include<br />
        future revisions only, and is currently<br />
        only relevant for the [policy] group.<br />
        Suggested <span class="change">additions in BLUE</span>, <span class="strike">strikes in blue<span>.<br />
        </center>
        </p>
        <ul><li>
        Iang <span class="change">20100716</span>: fixed up to deal with RDL and dropping of NRP-DaL.  Plus minor format changes, and to XHTML<br />
        </li></ul>
        <hr />


<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>
<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.
<span class="strike">
    Such people are offered the NRP-DaL
    another agreement allowing the USE of certificates.
</span><span class="change">
    Such persons may make USE of certificates,
    but may only RELY by entering this agreement or other related agreement.
  </li><li>
<span class="strike">
    "Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"),
    another agreement that is offered to persons outside the
    Community.  <br />
</span>
<span class="change">
    "Root Distribution Licence" ("RDL"), an agreement for licensing the distribution of roots.
    RDL replaces an earlier withdrawn licence (NRP-DaL).
</span>
  </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 <b>by your software</b>
    to conduct its tasks, incorporating
    the certificates
<span class="change">
    needed for correct operation
</span>
    according to software procedures.
  </li><li>
    "RELY"
    means <b>your human act</b> in taking on a
    risk and liability on the basis of the claim(s)
    bound within a certificate.
  </li><li>
    "OFFER"
    means <span class="strike">the</span> your act
    of making available <span class="strike">your</span> certificate<span class="change">S</span> 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 <span class="strike">reliance</span> <span class="change">RELIANCE</span>.
  </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" <span class="strike"> => COD3 </span>)
    <span class="strike">in</span> <span class="change">is</span> 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.
  </li><li>
    "Certification Practice Statement" ("CPS" => COD6)
    is the document that controls details
    about operational matters within CAcert.
  </li><li class="change">
    "Certificate" means any public key or like device to which
    the digital signature from CAcert's root has been affixed.  
    In this document, the term includes any roots needed for
    correct operation.
</li></ol>


<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.
<span class="strike">, including the NRP-DaL.</span>
</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="http://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="http://svn.cacert.org/CAcert/policy.htm">
    Certification Practice Statement</a> (CPS => COD6).
  </li><li>
    <a href="http://www.cacert.org/policy/DisputeResolutionPolicy.php">
    Dispute Resolution Policy</a> (DRP => COD7).
  </li><li>
    <a href="http://www.cacert.org/index.php?id=10">
    Privacy Policy</a> (PP => COD5).
  </li><li>
    <a href="http://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>


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