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@ -18,12 +18,7 @@
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<td> POLICY <a href="http://wiki.cacert.org/wiki/TopMinutes-20070917">m20070919.3</a> </td>
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<td> POLICY <a href="http://wiki.cacert.org/wiki/TopMinutes-20070917">m20070919.3</a> </td>
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<td> </td>
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<td> </td>
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<td>
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<td>
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$Date$
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20080304
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<!--
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to get this to work, we have to do this:
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svn propset svn:keywords "Date" PolicyOnPolicy.html
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except it does not work through the website.
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-->
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</td>
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</td>
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</tr>
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</tr>
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@ -49,7 +44,10 @@
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This is the Dispute Resolution Policy for CAcert.
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This is the Dispute Resolution Policy for CAcert.
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Disputes arising out of
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Disputes arising out of
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operations by CAcert and interactions between
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operations by CAcert and interactions between
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users may be addressed through this policy.
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<b>
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Members
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</b>
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may be addressed through this policy.
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This document also presents the rules for
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This document also presents the rules for
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resolution of disputes.
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resolution of disputes.
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</p>
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</p>
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@ -64,7 +62,10 @@ Disputes include:
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Requests for non-routine support actions.
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Requests for non-routine support actions.
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CAcert support team has no authority to
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CAcert support team has no authority to
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act outside the normal support facilities made
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act outside the normal support facilities made
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available to Users;
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available to
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<b>
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Members;
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</b>
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</li><li>
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</li><li>
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Classical disputes where a User or another
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Classical disputes where a User or another
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assert claims and demand remedies;
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assert claims and demand remedies;
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@ -185,9 +186,16 @@ of CAcert itself where it becomes a party.
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<h3> <a name="2.1">2.1 </a> Authority</h3>
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<h3> <a name="2.1">2.1 </a> Authority</h3>
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<p>
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<p>
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The Board of CAcert and the Users vest in Arbitrators
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The Board of CAcert and the
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<b>
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Members of the Community
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</b>
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vest in Arbitrators
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full authority to hear disputes and deliver rulings
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full authority to hear disputes and deliver rulings
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which are binding on CAcert and the Users.
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which are binding on CAcert and the
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<b>
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Members.
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</b>
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</p>
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</p>
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@ -216,7 +224,11 @@ The Arbitrator conducts some preliminaries:
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E.g., support personel may be joined if emergency action was
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E.g., support personel may be joined if emergency action was
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taken.
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taken.
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</li><li>
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</li><li>
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Any parties that are not Users and are not bound
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Any parties that are not
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<b>
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Members
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</b>
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and are not bound
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by the CPS are given the opportunity to enter into
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by the CPS are given the opportunity to enter into
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CAcert and be bound by the CPS and these rules of arbitration.
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CAcert and be bound by the CPS and these rules of arbitration.
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If these Non-Related Persons (NRPs) remain outside,
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If these Non-Related Persons (NRPs) remain outside,
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@ -226,7 +238,15 @@ The Arbitrator conducts some preliminaries:
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NRPs may proceed with Arbitration subject to preliminary orders
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NRPs may proceed with Arbitration subject to preliminary orders
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of the Arbitrator.
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of the Arbitrator.
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</li><li>
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</li><li>
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Participating Users may not resign until the completion of the case.
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Participating
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<b>
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Members
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</b>
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may not resign
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<b>
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from the Community
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</b>
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until the completion of the case.
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</li><li>
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</li><li>
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The Arbitrator confirms that all parties accept
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The Arbitrator confirms that all parties accept
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the forum of dispute resolution.
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the forum of dispute resolution.
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@ -264,7 +284,9 @@ The Arbitrator conducts some preliminaries:
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<p>
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<p>
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Jurisidiction - the right or power to hear and rule on
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Jurisidiction - the right or power to hear and rule on
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disputes - is initially established by clauses in the
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disputes - is initially established by clauses in the
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User agreements for all CAcert Users.
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<b>
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CAcert Community Agreement.
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</b>
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The agreement must establish:
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The agreement must establish:
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</p>
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</p>
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@ -362,7 +384,10 @@ seek to have a case heard or to override a Ruling.
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court, and rules.
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court, and rules.
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The Arbitrator may rule to reject the order,
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The Arbitrator may rule to reject the order,
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for jurisdiction or other reasons.
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for jurisdiction or other reasons.
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By way of example, if all Parties are registered Users,
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By way of example, if all Parties are
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<b>
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Members of CAcert,
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</b>
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then jurisdiction more normally falls within the forum.
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then jurisdiction more normally falls within the forum.
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If the Arbitrator rules to reject,
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If the Arbitrator rules to reject,
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he should do so only after consulting with CAcert counsel.
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he should do so only after consulting with CAcert counsel.
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@ -393,7 +418,11 @@ The Arbitrator follows the procedure:
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submit their views.
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submit their views.
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The Arbitrator also works to the mission of CAcert,
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The Arbitrator also works to the mission of CAcert,
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the benefit of all Users, and the community as a whole.
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the benefit of all Users, and the community as a whole.
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The Arbitrator may any assistance.
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The Arbitrator may
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<b>
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seek (?)
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</b>
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any assistance.
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</li><li>
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</li><li>
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Makes a considered Ruling.
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Makes a considered Ruling.
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</li></ol>
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</li></ol>
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@ -531,7 +560,10 @@ He may rule and instruct any of the parties on these issues.
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</li><li>
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</li><li>
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Monetary fine up to the liability cap established for
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Monetary fine up to the liability cap established for
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each party as described in the Registered User Agreement.
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each party as described in the
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<b>
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CAcert Community Agreement.
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</b>
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</li><li>
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</li><li>
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Exclusion from community.
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Exclusion from community.
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