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644 lines
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HTML
644 lines
21 KiB
HTML
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<head>
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<meta http-equiv="CONTENT-TYPE" content="text/html; charset=utf-8" />
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<title> CAcert Community Agreement </title>
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</head>
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<body>
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<p style="text-align: center;">
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<big>
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<br /><b>WARNING:</b><br />
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The proper policy document is located<br />
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<a href="//www.cacert.org/policy/CAcertCommunityAgreement.php">
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on the CAcert website </a>.<br />
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</big>
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This document is a <b>work-in-progress</b> to include future revisions only,<br />
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and is currently <b>only relevant for the [policy] group</b>.<br />
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Suggested <span class="change">additions in BLUE</span>, <span class="strike">strikes in blue</span>.<br />
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</p>
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<a href="http://validator.w3.org/check?uri=referer"><img style="float: right; border-width: 0" src="http://www.w3.org/Icons/valid-xhtml11" alt="Valid XHTML 1.1" height="31" width="88" /></a>
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<ul>
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<li>Iang <span class="change">20101002</span>: Added the policy block and heading. That which is in the document is below the line. </li>
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<li>Iang <span class="change">20101002</span>: Re-org of section 4.2 to better reflect current times. </li>
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<li>Iang <span class="change">20101002</span>: added links to references policies. Note that the final link will <u><b>CHANGE</b></u> for WWW.cacert.org </li>
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<li>Morten <span class="change">20100930</span>: RDL should distro certs not roots. Change is underlined as already in a change. </li>
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<li>Iang <span class="change">20100929</span>: cleanup, minor fixes and some questions posed. </li>
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<li>Iang <span class="change">20100830</span>: made clearer inclusion of certificate chain </li>
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<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>
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</ul>
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<hr />
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<div class="comment">
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<table width="100%">
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<tr>
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<td rowspan="2">
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Name: CCA <a style="color: steelblue" href="https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">COD9</a><br />
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Status: POLICY <a style="color: steelblue" href="https://wiki.cacert.org/PolicyDecisions#p20080109">p20080109</a><br />
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-------- with WIP <a style="color: steelblue" href="https://wiki.cacert.org/PolicyDecisions#p201010xx">p201010xx</a> in BLUE <br />
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Editor: Iang<br />
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Licence: <a style="color: steelblue" href="//wiki.cacert.org/Policy#Licence" title="this document is Copyright © CAcert Inc., licensed openly under CC-by-sa with all disputes resolved under DRP. More at wiki.cacert.org/Policy" > CC-by-sa+DRP </a><br />
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</td>
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<td valign="top" align="right">
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<a href="//www.cacert.org/policy/PolicyOnPolicy.php"><img src="images/cacert-policy.png" alt="CCA Status - POLICY" height="31" width="88" style="border-style: none;" /></a>
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<!-- XXXXXXXXXXXXXX delete this going to DRAFT -->
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<br />
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<a href="//www.cacert.org/policy/PolicyOnPolicy.php"><img src="images/cacert-wip.png" alt="CCA Status - WIP" height="31" width="88" style="border-style: none;" /></a>
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</td>
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</tr>
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</table>
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</div>
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<h2> CAcert Community Agreement </h2>
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<h3 id="s0"> 0. Introduction </h3>
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<p>
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This agreement is between
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you, being a registered member ("Member")
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within CAcert's community at large ("Community")
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and CAcert Incorporated ("CAcert"),
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being an operator of services to the Community.
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</p>
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<h4 id="s0.1"> 0.1 Terms </h4>
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<ol><li id="s0.1.1">
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"CAcert"
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means CAcert Inc.,
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a non-profit Association of Members incorporated in
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New South Wales, Australia.
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Note that Association Members are distinct from
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the Members defined here.
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<ul class="q"><li>Does CAcert mean CAcert Inc. still?</li>
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<li>CAcert seems more to mean the Community these days. Consider a change in definition?</li></ul>
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</li><li id="s0.1.2">
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"Member"
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means you, a registered participant within CAcert's Community,
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with an account on the website and the
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facility to request certificates.
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Members may be individuals ("natural persons")
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or organisations ("legal persons").
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</li><li id="s0.1.3">
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"Organisation"
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is defined under the Organisation Assurance programme,
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and generally includes corporations and other entities
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that become Members and become Assured.
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</li><li id="s0.1.4">
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"Community"
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means all of the Members
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that are registered by this agreement
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and other parties by other agreements,
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all being under CAcert's Arbitration.
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</li><li id="s0.1.5">
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"Non-Related Person" ("NRP"),
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being someone who is not a
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Member, is not part of the Community,
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and has not registered their agreement.
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<span class="strike">
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Such people are offered the NRP-DaL
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another agreement allowing the USE of certificates.
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</span><span class="change">
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Such persons may make USE of certificates,
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but may only RELY by entering this agreement or other related agreement.
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</span>
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</li><li id="s0.1.6">
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<span class="strike">
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"Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"),
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another agreement that is offered to persons outside the
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Community. <br />
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</span>
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<span class="change">
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"<a href="//www.cacert.org/policy/RootDistributionLicense.php">Root Distribution License</a>" ("RDL"), an agreement for licensing the distribution of root <u class="change">certificates</u>.
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RDL replaces an earlier withdrawn licence (NRP-DaL).
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</span>
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</li><li id="s0.1.7">
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"Arbitration"
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is the Community's forum for
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resolving disputes, or jurisdiction.
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</li><li id="s0.1.8">
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"<a href="//www.cacert.org/policy/DisputeResolutionPolicy.php">Dispute Resolution Policy</a>" ("DRP" => COD7)
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is the policy and
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rules for resolving disputes.
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</li><li id="s0.1.9">
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"USE"
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means the act <b>by your software</b>
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to conduct its tasks, incorporating
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the certificates
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<span class="change">
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needed for correct operation
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</span>
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according to software procedures.
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</li><li id="s0.1.10">
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"RELY"
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means <b>your human act</b> in taking on a
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risk and liability on the basis of the claim(s)
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bound within a certificate.
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</li><li id="s0.1.11">
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"OFFER"
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means <span class="strike">the</span> your act
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of making available <span class="strike">your</span> certificate<span class="change">S</span> to another person.
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Generally, you install and configure your software
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to act as your agent and <span class="change">facilitate OFFERING</span> <span class="strike">facilite this</span> and other tasks.
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OFFER does not imply suggestion of <span class="strike">reliance</span> <span class="change">RELIANCE</span>.
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</li><li id="s0.1.12">
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"Issue"
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means creation of a certificate by CAcert.
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To create a certificate,
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CAcert affixes a digital signature from the root
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onto a public key and other information.
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This act would generally bind a statement or claim,
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such as your name, to your key.
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</li><li id="s0.1.13">
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"Root"
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means CAcert's top level key,
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used for signing certificates for Members.
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In this document, the term includes any subroots.
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</li><li id="s0.1.14">
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"<a href="//svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">CAcert Official Document</a>" ("COD" <span class="strike"> => COD3 </span>)
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<span class="strike">in</span> <span class="change">is</span> a standard format for describing the details of
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operation and governance essential to a certificate authority.
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Changes are managed and controlled.
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CODs define more technical terms.
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See 4.2 for listing of relevant CODs.
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</li><li id="s0.1.15">
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"<a href="//www.cacert.org/policy/CertificationPracticeStatement.php">Certification Practice Statement</a>" ("CPS" => COD6)
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is the document that controls details
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about operational matters within CAcert.
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</li><li id="s0.1.16">
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<span class="change">
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"Certificate" means any public key or like device to which
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the digital signature from CAcert's root has been affixed.
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Where applicable, the term includes certificate chain,
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being an issued certificate and any roots needed for
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correct operation.
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</span>
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</li></ol>
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<h3 id="s1"> 1. Agreement and Licence </h3>
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<h4 id="s1.1"> 1.1 Agreement </h4>
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<p>
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You and CAcert both agree to the terms and conditions
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in this agreement.
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Your agreement is given by any of
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</p>
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<ul><li id="s1.1.b1">
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your signature on a form to request assurance of identity
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("CAP" form),
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</li><li id="s1.1.b2">
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your request on the website
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to join the Community and create an account,
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</li><li id="s1.1.b3">
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your request for Organisation Assurance,
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</li><li id="s1.1.b4">
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your request for issuing of certificates, or
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</li><li id="s1.1.b5">
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if you USE, RELY, or OFFER
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any certificate issued to you.
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</li></ul>
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<p>
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Your agreement
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is effective from the date of the first event above
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that makes this agreement known to you.
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This Agreement replaces and supercedes prior agreements.
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<span class="strike">, including the NRP-DaL.</span>
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</p>
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<h4 id="s1.2"> 1.2 Licence </h4>
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<p>
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As part of the Community, CAcert offers you these rights:
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</p>
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<ol><li id="s1.2.1">
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You may USE any certificates issued by CAcert.
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</li><li id="s1.2.2">
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You may RELY on any certificate issued by CAcert,
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as explained and limited by CPS (COD6).
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</li><li id="s1.2.3">
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You may OFFER certificates issued to you by CAcert
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to Members for their RELIANCE.
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</li><li id="s1.2.4">
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You may OFFER certificates issued to you by CAcert
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to NRPs for their USE, within the general principles
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of the Community.
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</li><li id="s1.2.5">
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This Licence is free of cost,
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non-exclusive, and non-transferrable.
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</li></ol>
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<h4 id="s1.3"> 1.3 Your Contributions </h4>
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|
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<p>
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You agree to a non-exclusive non-restrictive non-revokable
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transfer of Licence to CAcert for your contributions.
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That is, if you post an idea or comment on a CAcert forum,
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or email it to other Members,
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your work can be used freely by the Community for
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CAcert purposes, including placing under CAcert's licences
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for wider publication.
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</p>
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<p>
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You retain authorship rights, and the rights to also transfer
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non-exclusive rights to other parties.
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That is, you can still use your
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ideas and contributions outside the Community.
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</p>
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<p>
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Note that the following exceptions override this clause:
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</p>
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<ol><li id="s1.3.1">
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Contributions to controlled documents are subject to
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Policy on Policy ("PoP" => COD1).
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</li><li id="s1.3.2">
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Source code is subject to an open source licence regime.
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</li></ol>
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<h4 id="s1.4"> 1.4 Privacy </h4>
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|
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<p>
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You give rights to CAcert to store, verify, <span class="strike">and</span> process
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and publish your data in accordance with policies in force.
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These rights include shipping the data to foreign countries
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for system administration, support and processing purposes.
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Such shipping will only be done among
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CAcert Community administrators and Assurers.
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</p>
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<p>
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Privacy is further covered in the Privacy Policy ("PP" => COD5).
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</p>
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<h3 id="s2"> 2. Your Risks, Liabilities and Obligations </h3>
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<p>
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As a Member, you have risks, liabilities
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and obligations within this agreement.
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</p>
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<h4 id="s2.1"> 2.1 Risks </h4>
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<ol><li id="s2.1.1">
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A certificate may prove unreliable.
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</li><li id="s2.1.2">
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Your account, keys or other security tools may be
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lost or otherwise compromised.
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</li><li id="s2.1.3">
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You may find yourself subject to Arbitration
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(DRP => COD7).
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</li></ol>
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<h4 id="s2.2"> 2.2 Liabilities </h4>
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<ol><li id="s2.2.1">
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You are liable for any penalties
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as awarded against you by the Arbitrator.
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</li><li id="s2.2.2">
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Remedies are as defined in the DRP (COD7).
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An Arbitrator's ruling may
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include monetary amounts, awarded against you.
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</li><li id="s2.2.3">
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Your liability is limited to
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a total maximum of
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<b>1000 Euros</b>.
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</li><li id="s2.2.4">
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"Foreign Courts" may assert jurisdiction.
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These include your local courts, and are outside our Arbitration.
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Foreign Courts will generally refer to the Arbitration
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Act of their country, which will generally refer
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civil cases to Arbitration.
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The Arbitration Act will not apply to criminal cases.
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</li></ol>
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<h4 id="s2.3"> 2.3 Obligations </h4>
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<p>
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You are obliged
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</p>
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<ol><li id="s2.3.1">
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to provide accurate information
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as part of Assurance.
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You give permission for verification of the information
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using CAcert-approved methods.
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</li><li id="s2.3.2">
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to make no false representations.
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</li><li id="s2.3.3">
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to submit all your disputes to Arbitration
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(DRP => COD7).
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</li></ol>
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<h4 id="s2.4"> 2.4 Principles </h4>
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<p>
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As a Member of CAcert, you are a member of
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the Community.
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You are further obliged to
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work within the spirit of the Principles
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of the Community.
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These are described in
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<a href="http://svn.cacert.org/CAcert/principles.html">Principles of the Community</a>.
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</p>
|
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<h4 id="s2.5"> 2.5 Security </h4>
|
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<p>
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CAcert exists to help you to secure yourself.
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You are primarily responsible for your own security.
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Your security obligations include
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</p>
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<ol><li id="s2.5.1">
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to secure yourself and your computing platform (e.g., PC),
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</li><li id="s2.5.2">
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to keep your email account in good working order,
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</li><li id="s2.5.3">
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to secure your CAcert account
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(e.g., credentials such as username, password),
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</li><li id="s2.5.4">
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to secure your private keys,
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</li><li id="s2.5.5">
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to review certificates for accuracy,
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and
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</li><li id="s2.5.6">
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when in doubt, notify CAcert,
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</li><li id="s2.5.7">
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when in doubt, take other reasonable actions, such as
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revoking certificates,
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changing account credentials,
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and/or generating new keys.
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</li></ol>
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<p>
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Where, above, 'secure' means to protect to a reasonable
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degree, in proportion with your risks and the risks of
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others.
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</p>
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<h3 id="s3"> 3. Law and Jurisdiction </h3>
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<h4 id="s3.1"> 3.1 Governing Law </h4>
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<p>
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This agreement is governed under the law of
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New South Wales, Australia,
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being the home of the CAcert Inc. Association.
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</p>
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<h4 id="s3.2"> 3.2 Arbitration as Forum of Dispute Resolution </h4>
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<p>
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You agree, with CAcert and all of the Community,
|
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that all disputes arising out
|
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of or in connection to our use of CAcert services
|
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shall be referred to and finally resolved
|
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by Arbitration under the rules within the
|
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Dispute Resolution Policy of CAcert
|
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(DRP => COD7).
|
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The rules select a single Arbitrator chosen by CAcert
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from among senior Members in the Community.
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The ruling of the Arbitrator is binding and
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final on Members and CAcert alike.
|
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</p>
|
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<p>
|
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In general, the jurisdiction for resolution of disputes
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is within CAcert's own forum of Arbitration,
|
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as defined and controlled by its own rules (DRP => COD7).
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</p>
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<p>
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We use Arbitration for many purposes beyond the strict
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nature of disputes, such as governance and oversight.
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A systems administrator may
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need authorisation to conduct a non-routine action,
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and Arbitration may provide that authorisation.
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Thus, you may find yourself party to Arbitration
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that is simply support actions, and you may file disputes in
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order to initiate support actions.
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</p>
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<h4 id="s3.3"> 3.3 Termination </h4>
|
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<p>
|
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You may terminate this agreement by resigning
|
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from CAcert. You may do this at any time by
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writing to CAcert's online support forum and
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filing dispute to resign.
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All services will be terminated, and your
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certificates will be revoked.
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However, some information will continue to
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be held for certificate processing purposes.
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</p>
|
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<ul class="q"><li> Consider a change to the termination clause to make Arbitration + Support's job more easy?</li></ul>
|
|
|
|
<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>
|
|
|
|
<ul class="q"><li> We've not been able to do this easily. Change?</li></ul>
|
|
|
|
<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>
|
|
|
|
<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>
|
|
</ul>
|
|
|
|
<h4 id="s4.2"> 4.2 References and Other Binding Documents </h4>
|
|
|
|
<p class="strike">
|
|
This agreement is CAcert Official Document 9 (COD9)
|
|
and is a controlled document.
|
|
<span class="q">moved down.</span>
|
|
</p>
|
|
|
|
<p>
|
|
You are also bound by
|
|
<span class="change">the Policies of the Community,
|
|
of which the principle ones effecting Members are:</span>
|
|
</p>
|
|
|
|
<ol><li id="s4.2.1">
|
|
<a href="//www.cacert.org/policy/CertificationPracticeStatement.php">
|
|
Certification Practice Statement</a> (CPS => COD6).
|
|
</li><li id="s4.2.2">
|
|
<a href="//www.cacert.org/policy/DisputeResolutionPolicy.php">
|
|
Dispute Resolution Policy</a> (DRP => COD7).
|
|
</li><li id="s4.2.3">
|
|
<a href="http://www.cacert.org/index.php?id=10">
|
|
Privacy Policy</a> (PP => COD5).
|
|
</li><li id="s4.2.4">
|
|
<span class="change"> ADDED
|
|
<a href="//www.cacert.org/policy/AssurancePolicy.php">
|
|
Assurance Policy</a> (AP => COD13).
|
|
</span>
|
|
</li><li id="s4.2.5">
|
|
<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
|
|
<span class="change">documents under the control of
|
|
<a href="//www.cacert.org/policy/PolicyOnPolicy.php">Policy on Policy</a> ("PoP" => COD1)
|
|
and listed in <a href="//svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">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>
|
|
</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
|
|
<a href="//wiki.cacert.org/AssuranceHandbook2"><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.
|
|
</p>
|
|
|
|
<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>
|
|
|
|
<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>
|
|
|
|
<ul class="q"><li> Does this need to be updated with reference to RDL? </li></ul>
|
|
|
|
</body>
|
|
</html>
|