<li> The historical background: The change in terms (below) was an error in production. The DRP ran ahead of other documents especially CCA in its approval process. Later on, in policy group, <ahref="//wiki.cacert.org/PolicyDecisions#p20080106.1">we changed the term <i>User</i> to <i>Member</i></a>, at 11th hour in the approval process for CCA. Therefore, with addition of <ahref="//wiki.cacert.org/PolicyDecisions#p20100306">p20100306</a>, this change is proposed by Policy Officer to be incorporated into next approved change without a vote on these changes in terms. If anyone wants to put it to the vote, go ahead! </li>
<li>Iang <spanclass="change">20101229</span>: Completed <spanclass="change">BLUE</span> changes from <i>Users</i> to <i>Members</i>.</li>
<li>Iang <spanclass="change">20101215</span>: Added <spanclass="change">BLUE</span>. Term <i>Registered User Agreement</i> changed to CCA, as explained above. </li>
</ul>
<hr/>
@ -115,7 +117,7 @@ Disputes include:
Members;
</span>
</li><li>
Classical disputes where a User or another
Classical disputes where a <spanclass="change">Member</span> or another
assert claims and demand remedies;
</li><li>
Requests by external organisations, including
@ -184,13 +186,13 @@ The filing must specify:
being the <i>Respondent(s)</i>.
This will be CAcert in the
case of requests for support actions.
It may be a User (possibly unidentified) in the
case where one User has given rise to a complaint against another.
It may be a <spanclass="change">Member</span> (possibly unidentified) in the
case where one <spanclass="change">Member</span> has given rise to a complaint against another.
</li><li>
The <i>Complaint</i>.
For example, a trademark has been infringed,
privacy has been breached,
or a user has defrauded using a certificate.
or a <spanclass="change">Member</span> has defrauded using a certificate.
</li><li>
The action(s) requested by the filing party
(technically, called the <i>relief</i>).
@ -298,7 +300,11 @@ The Arbitrator conducts some preliminaries:
</li><li>
The Arbitrator confirms that all parties accept
the forum of dispute resolution.
This is especially important where a User might be
This is especially important where a
<spanclass="change">
Member
</span>
might be
in a country with no Arbitration Act in law, or
where there is reason to believe that a party might
go to an external court.
@ -362,7 +368,7 @@ to be considered carefully:
</p>
<ul><li>
Where NRPs, being not members of CAcert and not
Where NRPs, being not Members of CAcert and not
bound by agreement, are parties to the dispute.
E.g., intellectual property disputes may involve
NRPs and their trademarks;
@ -371,8 +377,13 @@ to be considered carefully:
proceedings,
e.g., fraud;
</li><li>
Contracts between Users that were formed without
Contracts between
<spanclass="change">
Members
</span>
that were formed without
a clause to seek arbitration in the forum;
<ulclass="q"><li> Refer to issue of contracting out; more certainty might be required on this point. </li></ul>
</li><li>
Areas where laws fall outside the Arbitration Act,
such as privacy;
@ -399,7 +410,11 @@ that elevates Arbitration as a strong dispute
resolution forum.
The Act generally defers to Arbitration
if the parties have so agreed.
That is, as Users of CAcert, you agree to resolve
That is, as
<spanclass="change">
Members
</span>
of CAcert, you agree to resolve
all disputes before CAcert's forum.
This is sometimes called <i>private law</i>
or <i>alternative dispute resolution</i>.
@ -408,7 +423,10 @@ or <i>alternative dispute resolution</i>.
<p>
As a matter of public policy, courts will generally
refer any case back to Arbitration.
Users should understand that they will have
<spanclass="change">
Members
</span>
should understand that they will have
strictly limited rights to ask the courts to
seek to have a case heard or to override a Ruling.
</p>
@ -455,8 +473,11 @@ The Arbitrator follows the procedure:
<ol><li>
Establish the facts.
The Arbitrator collects the evidence from the parties.
The Arbitrator may order CAcert or Users under
jurisdiction to provide support or information.
The Arbitrator may order CAcert or
<spanclass="change">
Members
</span>
under jurisdiction to provide support or information.
The Arbitrator may use email, phone or face-to-face
meetings as proceedings.
</li><li>
@ -465,7 +486,11 @@ The Arbitrator follows the procedure:
The Arbitrator may request that the parties
submit their views.
The Arbitrator also works to the mission of CAcert,
the benefit of all Users, and the community as a whole.
the benefit of all
<spanclass="change">
Members
</span>
, and the community as a whole.
The Arbitrator may
<spanclass="change">
seek (?)
@ -501,7 +526,7 @@ The Arbitrator records:
<p>
Once the Ruling is delivered, the case is closed.
The Case Manager is responsible for recording the
Ruling, publishing it, and advising users.
Ruling, publishing it, and advising <spanclass="change">Members</span>.
</p>
<p>
@ -518,21 +543,41 @@ Such a declaration must be reviewed in its entirety
by the Board,
and the Board must confirm or deny that declaration.
If it confirms, the existance of any Rulings under seal
must be published to the Users in a timely manner
must be published to the
<spanclass="change">
Members
</span>
in a timely manner
(within days).
</p>
<h3><aname="3.3">3.3 </a> Binding and Final </h3>
<p>
The Ruling is binding and final on CAcert and all Users.
Ordinarily, all Users agree to be bound by this dispute
resolution policy. Users must declare in the Preliminaries
The Ruling is binding and final on CAcert and all
<spanclass="change">
Members
</span>
.
Ordinarily, all
<spanclass="change">
Members
</span>
agree to be bound by this dispute
resolution policy.
<spanclass="change">
Members
</span>
must declare in the Preliminaries
any default in agreement or binding.
</p>
<p>
If a person who is not a User is a party to the dispute,
If a person who is not a
<spanclass="change">
Member
</span>
is a party to the dispute,
then the Ruling is not binding and final on that person,
but the Ruling must be presented in filing any dispute
in another forum such as the person's local courts.
@ -637,11 +682,15 @@ in order to establish precedent.
<h3><aname="4.1">4.1 </a> The Advantages of this Forum </h3>
<p>
The advantage of this process for Users is:
The advantage of this process for
<spanclass="change">
Members
</span>
is:
</p>
<ul><li>
CAcert and Users operate across many jurisdictions.
CAcert and <spanclass="change">Members</span> operate across many jurisdictions.
Arbitration allows us to select a single set of
rules across all jurisdictions.
</li><li>
@ -652,7 +701,7 @@ The advantage of this process for Users is:
authority to act.
Good governance is thus maintained.
</li><li>
This forum allows CAcert Users to look after themselves
This forum allows CAcert <spanclass="change">Members</span> to look after themselves
in a community, without exposing each other to potentially
disastrous results in strange courts from foreign lands.
</li><li>
@ -675,11 +724,11 @@ Some disadvantages exist.
</p>
<ul><li>
Users may have their rights trampled over.
<spanclass="change">Members</span> may have their rights trampled over.
In such a case, the community should strive to
re-open the case and refer it to the board.
</li><li>
Users may feel overwhelmed by the formality
<spanclass="change">Members</span> may feel overwhelmed by the formality
of the process.
It is kept formal so as to establish good and proper
Ian Grigg
14 years ago