diff --git a/DisputeResolutionPolicy.html b/DisputeResolutionPolicy.html index a84645f..8df2a06 100644 --- a/DisputeResolutionPolicy.html +++ b/DisputeResolutionPolicy.html @@ -18,12 +18,7 @@ POLICY m20070919.3 - $Date$ - + 20080304 @@ -49,7 +44,10 @@ This is the Dispute Resolution Policy for CAcert. Disputes arising out of operations by CAcert and interactions between -users may be addressed through this policy. + +Members + +may be addressed through this policy. This document also presents the rules for resolution of disputes.

@@ -64,7 +62,10 @@ Disputes include: Requests for non-routine support actions. CAcert support team has no authority to act outside the normal support facilities made - available to Users; + available to + + Members; +
  • Classical disputes where a User or another assert claims and demand remedies; @@ -185,9 +186,16 @@ of CAcert itself where it becomes a party.

    2.1 Authority

    -The Board of CAcert and the Users vest in Arbitrators +The Board of CAcert and the + +Members of the Community + + vest in Arbitrators full authority to hear disputes and deliver rulings -which are binding on CAcert and the Users. +which are binding on CAcert and the + +Members. +

    @@ -216,7 +224,11 @@ The Arbitrator conducts some preliminaries: E.g., support personel may be joined if emergency action was taken.
  • - Any parties that are not Users and are not bound + Any parties that are not + + Members + + and are not bound by the CPS are given the opportunity to enter into CAcert and be bound by the CPS and these rules of arbitration. If these Non-Related Persons (NRPs) remain outside, @@ -226,7 +238,15 @@ The Arbitrator conducts some preliminaries: NRPs may proceed with Arbitration subject to preliminary orders of the Arbitrator.
  • - Participating Users may not resign until the completion of the case. + Participating + + Members + + may not resign + + from the Community + + until the completion of the case.
  • The Arbitrator confirms that all parties accept the forum of dispute resolution. @@ -264,7 +284,9 @@ The Arbitrator conducts some preliminaries:

    Jurisidiction - the right or power to hear and rule on disputes - is initially established by clauses in the -User agreements for all CAcert Users. + +CAcert Community Agreement. + The agreement must establish:

    @@ -362,7 +384,10 @@ seek to have a case heard or to override a Ruling. court, and rules. The Arbitrator may rule to reject the order, for jurisdiction or other reasons. - By way of example, if all Parties are registered Users, + By way of example, if all Parties are + + Members of CAcert, + then jurisdiction more normally falls within the forum. If the Arbitrator rules to reject, he should do so only after consulting with CAcert counsel. @@ -393,7 +418,11 @@ The Arbitrator follows the procedure: submit their views. The Arbitrator also works to the mission of CAcert, the benefit of all Users, and the community as a whole. - The Arbitrator may any assistance. + The Arbitrator may + + seek (?) + + any assistance.
  • Makes a considered Ruling.
  • @@ -531,7 +560,10 @@ He may rule and instruct any of the parties on these issues.
  • Monetary fine up to the liability cap established for - each party as described in the Registered User Agreement. + each party as described in the + + CAcert Community Agreement. +
  • Exclusion from community.