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<title> CAcert Community Agreement </title>
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<p style="text-align: center;">
<br /><b>WARNING:</b><br />
The proper policy document is located<br />
<a href="//">
on the CAcert website </a>.<br />
This document is a <b>work-in-progress</b> to include future revisions only,<br />
and is currently <b>only relevant for the [policy] group</b>.<br />
<span class="change">Additions in BLUE</span> <span class="strike">strikes in BLUE</span> now up for <a href="//">vote in PG</a>,.<br />
<a href=""><img style="float: right; border-width: 0" src="" alt="Valid XHTML 1.1" height="31" width="88" /></a>
<li>Iang <span class="change">20101017</span>: Attempt to distinguish and clarify CAcert from CAcert Inc from CAcert Community. Change requested by Uli + Nik + Benrd, effectively in <span class="change">BLUE</span>. Where unclarity is seen, I have marked it as <span class="q">XXX</span>. </li>
<li>Iang <span class="change">20101009</span>: <a href="//">motion posted</a>, votes requested on <span class="change">BLUE changes</span> in policy group! Ignore the green. </li>
<li>Iang <span class="change">20101002</span>: Added the policy block and heading. That which is in the document is below the line. </li>
<li>Iang <span class="change">20101002</span>: Re-org of section 4.2 to better reflect current times. </li>
<li>Iang <span class="change">20101002</span>: added links to references policies. Note that the final link will <u><b>CHANGE</b></u> for </li>
<li>Morten <span class="change">20100930</span>: RDL should distro certs not roots. Change is underlined as already in a change. </li>
<li>Iang <span class="change">20100929</span>: cleanup, minor fixes and some questions posed. </li>
<li>Iang <span class="change">20100830</span>: made clearer inclusion of certificate chain </li>
<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</li>
<hr />
<div class="comment">
<table width="100%">
<td rowspan="2">
Name: CCA <a style="color: steelblue" href="">COD9</a><br />
Status: POLICY <a style="color: steelblue" href="">p20080109</a><br />
-------- with WIP <a style="color: steelblue" href="">p20101009</a> in BLUE <br />
Editor: <a style="color: steelblue" href="//">Iang</a><br />
Licence: <a style="color: steelblue" href="//" title="this document is Copyright &copy; CAcert Inc., licensed openly under CC-by-sa with all disputes resolved under DRP. More at" > CC-by-sa+DRP </a><br />
<td valign="top" align="right">
<a href="//"><img src="images/cacert-policy.png" alt="CCA Status - POLICY" height="31" width="88" style="border-style: none;" /></a>
<!-- XXXXXXXXXXXXXX delete this going to DRAFT -->
<br />
<a href="//"><img src="images/cacert-wip.png" alt="CCA Status - WIP" height="31" width="88" style="border-style: none;" /></a>
<h2> CAcert Community Agreement </h2>
<h3 id="s0"> 0. Introduction </h3>
This agreement is between
you, being a registered member ("Member")
within CAcert's community at large ("Community")
and CAcert Incorporated ("CAcert <span class="change">Inc.</span>"),
being an operator of services to the Community.
<h4 id="s0.1"> 0.1 Terms </h4>
<ol><li id="s0.1.1">
"CAcert <span class="change">Inc. means the</span>"
<span class="strike">means CAcert Inc., a<span>
non-profit Association of Members incorporated in
New South Wales, Australia.
Note that Association Members are distinct from
the Members defined here.
<ul class="q">
<li>Does CAcert mean CAcert Inc. still?</li>
<li>CAcert seems more to mean the Community these days. Consider a change in definition?</li>
<li>Attempt to make this break in the text, in BLUE.</li>
</li><li id="s0.1.2">
means you, a registered participant within CAcert's Community <span class="q">XXX</span>,
with an account on the website and the
facility to request certificates.
Members may be individuals ("natural persons")
or organisations ("legal persons").
</li><li id="s0.1.3">
is defined under the Organisation Assurance programme,
and generally includes corporations and other entities
that become Members and become Assured.
</li><li id="s0.1.4">
means all of the Members
that are registered by this agreement
and other parties by other agreements,
all being under <span class="change">Community</span><span class="strike">CAcert's.</span> Arbitration <span class="q">XXX</span>.
</li><li id="s0.1.5">
"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 id="s0.1.6">
<span class="strike">
"Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"),
another agreement that is offered to persons outside the
Community. <br />
<span class="change">
"<a href="//">Root Distribution License</a>" ("RDL"), an agreement for licensing the distribution of root <u class="change">certificates</u>.
RDL replaces an earlier withdrawn licence (NRP-DaL).
</li><li id="s0.1.7">
is the Community's forum for
resolving disputes, or jurisdiction.
</li><li id="s0.1.8">
"<a href="//">Dispute Resolution Policy</a>" ("DRP" => COD7)
is the policy and
rules for resolving disputes.
</li><li id="s0.1.9">
means the act <b>by your software</b>
to conduct its tasks, incorporating
the certificates
<span class="change">
needed for correct operation
according to software procedures.
</li><li id="s0.1.10">
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 id="s0.1.11">
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 <span class="change">facilitate OFFERING</span> <span class="strike">facilite this</span> and other tasks.
OFFER does not imply suggestion of <span class="strike">reliance</span> <span class="change">RELIANCE</span>.
</li><li id="s0.1.12">
means creation of a certificate by CAcert <span class="change">Inc.</span> <span class="q">XXX</span>.
To create a certificate,
CAcert <span class="change">Inc.</span> <span class="q">XXX</span> 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 id="s0.1.13">
means CAcert <span class="change">Inc.</span>'s top level key,
used for signing certificates for Members.
In this document, the term includes any subroots.
</li><li id="s0.1.14">
<span class="q">XXX</span> "<a href="//">CAcert Official Document</a>" ("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 id="s0.1.15">
"<a href="//">Certification Practice Statement</a>" ("CPS" => COD6)
is the document that controls details
about operational matters within CAcert <span class="q">XXX</span>.
</li><li id="s0.1.16">
<span class="change">
"Certificate" means any public key or like device to which
the digital signature from CAcert <span class="change">Inc.</span>'s root has been affixed.
Where applicable, the term includes certificate chain,
being an issued certificate and any roots needed for
correct operation.
<h3 id="s1"> 1. Agreement and Licence </h3>
<h4 id="s1.1"> 1.1 Agreement </h4>
You and CAcert <span class="change">Inc.</span> both agree to the terms and conditions
in this agreement.
Your agreement is given by any of
<ul><li id="s1.1.b1">
your signature on a form to request assurance of identity
("CAP" form),
</li><li id="s1.1.b2">
your request on the website
to join the Community and create an account,
</li><li id="s1.1.b3">
your request for Organisation Assurance,
</li><li id="s1.1.b4">
your request for issuing of certificates, or
</li><li id="s1.1.b5">
if you USE, RELY, or OFFER
any certificate issued to you.
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>
<h4 id="s1.2"> 1.2 Licence </h4>
As part of the Community, CAcert <span class="change">Inc.</span> offers you these rights:
<ol><li id="s1.2.1">
You may USE any certificates issued by <span class="q">XXX</span> CAcert <span class="change">Inc.</span>.
</li><li id="s1.2.2">
You may RELY on any certificate issued by CAcert <span class="change">Inc.</span>,
as explained and limited by CPS (COD6).
</li><li id="s1.2.3">
You may OFFER certificates issued to you by CAcert <span class="change">Inc.</span>
to Members for their RELIANCE.
</li><li id="s1.2.4">
You may OFFER certificates issued to you by CAcert <span class="change">Inc.</span>
to NRPs for their USE, within the general principles
of the Community.
</li><li id="s1.2.5">
This Licence is free of cost,
non-exclusive, and non-transferrable.
<h4 id="s1.3"> 1.3 Your Contributions </h4>
You agree to a non-exclusive non-restrictive non-revokable
transfer of Licence to CAcert <span class="change">Inc.</span> for your contributions.
That is, if you post an idea or comment on a CAcert forum <span class="q">XXX</span>,
or email it to other Members,
your work can be used freely by the Community for
<span class="q">XXX</span> CAcert purposes, including placing under CAcert <span class="change">Inc.</span>'s licences
for wider publication.
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.
Note that the following exceptions override this clause:
<ol><li id="s1.3.1">
Contributions to controlled documents are subject to
Policy on Policy ("PoP" => COD1).
</li><li id="s1.3.2">
Source code is subject to an open source licence regime.
<h4 id="s1.4"> 1.4 Privacy </h4>
You give rights to CAcert <span class="change">Inc.</span> to store, verify, <span class="strike">and</span> 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 <span class="q">XXX</span> Community administrators and Assurers.
Privacy is further covered in the Privacy Policy ("PP" => COD5).
<h3 id="s2"> 2. Your Risks, Liabilities and Obligations </h3>
As a Member, you have risks, liabilities
and obligations within this agreement.
<h4 id="s2.1"> 2.1 Risks </h4>
<ol><li id="s2.1.1">
A certificate may prove unreliable.
</li><li id="s2.1.2">
Your account, keys or other security tools may be
lost or otherwise compromised.
</li><li id="s2.1.3">
You may find yourself subject to Arbitration
(DRP => COD7).
<h4 id="s2.2"> 2.2 Liabilities </h4>
<ol><li id="s2.2.1">
You are liable for any penalties
as awarded against you by the Arbitrator.
</li><li id="s2.2.2">
Remedies are as defined in the DRP (COD7).
An Arbitrator's ruling may
include monetary amounts, awarded against you.
</li><li id="s2.2.3">
Your liability is limited to
a total maximum of
<b>1000 Euros</b>.
</li><li id="s2.2.4">
"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.
<h4 id="s2.3"> 2.3 Obligations </h4>
You are obliged
<ol><li id="s2.3.1">
to provide accurate information
as part of Assurance.
You give permission for verification of the information
using <span class="q">XXX</span> CAcert-approved methods.
</li><li id="s2.3.2">
to make no false representations.
</li><li id="s2.3.3">
to submit all your disputes to Arbitration
(DRP => COD7).
<h4 id="s2.4"> 2.4 Principles </h4>
As a <span class="q">XXX</span> 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="">Principles of the Community</a>.
<h4 id="s2.5"> 2.5 Security </h4>
<span class="q">XXX</span> CAcert exists to help you to secure yourself.
You are primarily responsible for your own security.
Your security obligations include
<ol><li id="s2.5.1">
to secure yourself and your computing platform (e.g., PC),
</li><li id="s2.5.2">
to keep your email account in good working order,
</li><li id="s2.5.3">
to secure your <span class="q">XXX</span> CAcert account
(e.g., credentials such as username, password),
</li><li id="s2.5.4">
to secure your private keys,
</li><li id="s2.5.5">
to review certificates for accuracy,
</li><li id="s2.5.6">
when in doubt, notify CAcert <span class="q">XXX</span>,
</li><li id="s2.5.7">
when in doubt, take other reasonable actions, such as
revoking certificates,
changing account credentials,
and/or generating new keys.
Where, above, 'secure' means to protect to a reasonable
degree, in proportion with your risks and the risks of
<h3 id="s3"> 3. Law and Jurisdiction </h3>
<h4 id="s3.1"> 3.1 Governing Law </h4>
This agreement is governed under the law of
New South Wales, Australia,
being the home of the CAcert Inc. Association.
<h4 id="s3.2"> 3.2 Arbitration as Forum of Dispute Resolution </h4>
You agree, with CAcert <span class="change">Inc.</span> and all of the Community,
that all disputes arising out
of or in connection to our use of <span class="q">XXX</span> CAcert <span class="change">Inc.</span> services
shall be referred to and finally resolved
by Arbitration under the rules within the
Dispute Resolution Policy of <span class="q">XXX</span> CAcert
(DRP => COD7).
The rules select a single Arbitrator chosen by <span class="q">XXX</span> CAcert
from among senior Members in the Community.
The ruling of the Arbitrator is binding and
final on Members and CAcert <span class="change">Inc.</span> alike.
In general, the jurisdiction for resolution of disputes
is within CAcert <span class="change">Inc.</span>'s own <span class="q">XXX</span> forum of Arbitration,
as defined and controlled by <span class="q">XXX</span> its own rules (DRP => COD7).
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.
<h4 id="s3.3"> 3.3 Termination </h4>
You may terminate this agreement by resigning
from CAcert <span class="q">XXX</span>. You may do this at any time by
writing to CAcert's <span class="q">XXX</span> 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.
<ul class="q">
<li> Iang: Consider a change to the termination clause to make Arbitration + Support's job more easy?</li>
<li> Hans suggests: We should remove the implementation details from this section, but keep the rules intact:
<li> E.g. by creating a new manual page, describing what to do in case of termination. In that way we remove the implementation details ('write to the online support forum, file dispute to resign') from the CCA. </li>
<li> New Proposal: </li>
<li> <u> "3.3 Termination <br />You may terminate this agreement by resigning from CAcert, see 'Termination Howto'. All services will be terminated, and your certificates will be revoked. However, some information will continue to be held for certificate processing purposes."</u> </li>
The provisions on Arbitration survive any termination
by you by leaving <span class="q">XXX</span> CAcert.
That is, even if you resign from <span class="q">XXX</span> 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.
Only the Arbitrator may terminate this agreement with you.
<h4 id="s3.4"> 3.4 Changes of Agreement </h4>
CAcert <span class="change">Inc.</span> may from time to time vary the terms of this Agreement.
Changes will be done according to the documented <span class="q">XXX</span> 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.
<ul class="q">
<li> Iang: We've not been able to do this easily. Change? Drop last sentance above?</li>
<li> Morten: tie the date of effect to expiry/re-issuance of certificates? </li>
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.
<h4 id="s3.5"> 3.5 Communication </h4>
Notifications to <span class="q">XXX</span> CAcert are to be sent by
email to the address
<b>support</b> <i>at</i>
You should attach a digital signature,
but need not do so in the event of security
or similar urgency.
Notifications to you are sent
by <span class="q">XXX</span> 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 <span class="q">XXX</span> CAcert.
Arbitration is generally conducted by email.
<h3 id="s4"> 4. Miscellaneous </h3>
<h4 id="s4.1"> 4.1 Other Parties Within the Community </h4>
As well as you and other Members in the Community,
CAcert <span class="change">Inc.</span> 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.
<ul class="q">
<li> This clause was found to generate confusion in the recent debate on CAcert Inc contracts.</li>
<li> The intention was to create a space for a future 3rd-party-vendor's licence to distribute the roots, and to ensure a sense of equality with Members.</li>
<li> It was not intended to cover all contracts formed by (for example) the Board.</li>
<li> Since then, the RDL has been approved to DRAFT, and this clause may need re-writing.</li>
<li> Clarify?</li>
<li> Hans: delete last sentance?</li>
<li> Gero: I wonder whether this is related to the purpose of the agreement
and think nowadays it is somewhat misplaced here. Simply drop it??</li>
<h4 id="s4.2"> 4.2 References and Other Binding Documents </h4>
<ul class="q">
<li> Gero: prefer to move this section to 0.2, and merge in 0.1.6,8,14,15 definitions.</li>
<li> Gero: prefer (see DRP) rather than (DRP => COD7)</li>
<li> Gero: preserve of PoP is more confusing than helpful </li>
<p class="strike">
This agreement is <span class="q">XXX</span> CAcert Official Document 9 (COD9)
and is a controlled document.
<span class="q">moved down.</span>
You are also bound by
<span class="change">the Policies of the Community,
of which the principle ones effecting Members are:</span>
<ol><li id="s4.2.1">
<a href="//">
Certification Practice Statement</a> (CPS => COD6).
</li><li id="s4.2.2">
<a href="//">
Dispute Resolution Policy</a> (DRP => COD7).
</li><li id="s4.2.3">
<a href="">
Privacy Policy</a> (PP => COD5).
</li><li id="s4.2.4">
<span class="change"> ADDED
<a href="//">
Assurance Policy</a> (AP => COD13).
</li><li id="s4.2.5">
<a href="">
Principles of the Community</a>.
Where documents are referred to as <i>=> COD x</i>,
they are
<span class="change">documents under the control of
<a href="//">Policy on Policy</a> ("PoP" => COD1)
and listed in <a href="//">Controlled Document List</a>.</span>
<span class="strike">controlled documents under
Policy on Policies (COD1).</span>
<span class="change">
This agreement is COD9 <span class="strike">CAcert Official Document 9 (COD9)</span>
and is a controlled document.</span>
This agreement and controlled documents above are primary,
and may not be replaced or waived except
by formal policy channels and by Arbitration.
<h4 id="s4.3"> 4.3 Informative References </h4>
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.
You are encouraged to be familiar with the
<a href="//"><span class="change">Assurance</span> <span class="strike">Assurer</span> Handbook</a>,
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.
<ul class="q"><li> Reference to Handbook seems to be out of place. Drop? Replace with wiki?</li></ul>
<h4 id="s4.4"> 4.4 Not Covered in this Agreement </h4>
<b>Intellectual Property.</b>
This Licence does not transfer any intellectual
property rights ("IPR") to you. CAcert <span class="change">Inc.</span> asserts and
maintains its IPR over its roots, issued certificates,
brands, logos and other assets.
Note that the certificates issued to you
are CAcert <span class="change">Inc.</span>'s intellectual property
and you do not have rights other than those stated.
<ul class="q"><li> Does this need to be updated with reference to RDL? </li></ul>