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2015-01-15 10:50:06 +00:00
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2015-01-08 15:02:47 +00:00
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<body>
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2015-01-15 10:50:06 +00:00
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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">Name: CCA <a class="c1" href=
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"https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">COD9</a><br >
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Status: POLICY <a class="c1" href=
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"https://wiki.cacert.org/PolicyDecisions#p20141008">p20141008</a><br >
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Editor: <a class="c1" href=
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"https://wiki.cacert.org/Community/HomePagesMembers/BenediktHeintel">Benedikt</a><br >
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Licence: <a class="c1" href="https://wiki.cacert.org/Policy#Licence"
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title=
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"this document is Copyright © CAcert Inc., licensed openly under CC-by-sa with all disputes resolved under DRP. More at wiki.cacert.org/Policy">
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CC-by-sa+DRP</a><br ></td>
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<td valign="top" align="right"><a href=
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"https://www.cacert.org/policy/PolicyOnPolicy.php"><img src=
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"images/cacert-policy.png" alt="CCA Status - POLICY" height="31" width=
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"88" class="c2" ></a></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><a name="0">0.</a> Introduction</h3>
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<p>This agreement is between you, being a registered member ("Member") within
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CAcert's community at large ("Community") and CAcert Incorporated ("CAcert"),
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being an operator of services to the Community.</p>
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<h4><a name="0.1">0.1</a> Terms</h4>
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<ol>
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<li>"CAcert" means CAcert Inc., a non-profit Association of Members
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incorporated in New South Wales, Australia. Note that Association Members
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are distinct from the Members defined here.</li>
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<li>"Member" means you, a registered participant within CAcert's Community,
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with an account on the website and the facility to request certificates.
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Members may be individuals ("natural persons") or organisations ("legal
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persons").</li>
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<li>"Organisation" is defined under the Organisation Assurance programme,
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and generally includes corporations and other entities that become Members
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and become Assured.</li>
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<li>"Community" means all of the Members that are registered by this
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agreement and other parties by other agreements, all being under CAcert's
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Arbitration.</li>
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<li>"Non-Related Person" ("NRP"), being someone who is not a Member, is not
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part of the Community, and has not registered their agreement.</li>
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<li>(withdrawn)</li>
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<li>"Arbitration" is the Community's forum for resolving disputes, or
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jurisdiction.</li>
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<li>"Dispute Resolution Policy" ("DRP" => COD7) is the policy and rules
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for resolving disputes.</li>
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<li>"USE" means the act by your software to conduct its tasks,
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incorporating the certificates according to software procedures.</li>
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<li>"RELY" means your human act in taking on a risk and liability on the
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basis of the claim(s) bound within a certificate.</li>
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<li>"OFFER" means the your act of making available your certificate to
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another person. Generally, you install and configure your software to act
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as your agent and facilite this and other tasks. OFFER does not imply
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suggestion of reliance.</li>
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<li>"Issue" means creation of a certificate by CAcert. To create a
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certificate, CAcert affixes a digital signature from the root onto a public
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key and other information. This act would generally bind a statement or
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claim, such as your name, to your key.</li>
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<li>"Root" means CAcert's top level key, used for signing certificates for
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Members. In this document, the term includes any subroots.</li>
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<li>"CAcert Official Document" ("COD") is an official managed and
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controlled document (e. g. a Policy) of CAcert.</li>
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<li>"Certification Practice Statement" ("CPS" => COD6) is the document
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that controls details about operational matters within CAcert.</li>
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</ol>
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<h3><a name="1">1.</a> Agreement and Licence</h3>
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<h4><a name="1.1">1.1</a> Agreement</h4>
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<p>You agree to the terms and conditions in this agreement. Your agreement is
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given by but not limited to</p>
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<ul>
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<li>your signature on a form to request assurance of identity ("CAP"
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form),</li>
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<li>your request on the website to join the Community and create an
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account,</li>
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<li>your request for Organisation Assurance,</li>
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<li>your request for issuing of certificates, or</li>
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<li>if you USE, RELY, or OFFER any certificate issued to you.</li>
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</ul>
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<p>Your agreement is effective from the date of the first event above that
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makes this agreement known to you. This Agreement replaces and supersedes any
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prior agreements.</p>
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<h4><a name="1.2">1.2</a> Licence</h4>
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<p>As part of the Community, CAcert offers you these rights:</p>
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<ol>
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<li>You may USE any certificates issued by CAcert.</li>
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<li>You may RELY on any certificate issued by CAcert, as explained and
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limited by CPS (COD6).</li>
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<li>You may OFFER certificates issued to you by CAcert to Members for their
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RELIANCE.</li>
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<li>You may OFFER certificates issued to you by CAcert to NRPs for their
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USE, within the general principles of the Community.</li>
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<li>This Licence is free of cost, non-exclusive, and
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non-transferrable.</li>
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</ol>
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<h4><a name="1.3">1.3</a> Your Contributions</h4>
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<p>You agree to a non-exclusive non-restrictive non-revokable transfer of
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Licence to CAcert for your contributions. That is, if you post an idea or
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comment on a CAcert forum, or email it to other Members, your work can be
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used freely by the Community for CAcert purposes, including placing under
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CAcert's licences for wider publication.</p>
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<p>You retain authorship rights, and the rights to also transfer
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non-exclusive rights to other parties. That is, you can still use your ideas
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and contributions outside the Community.</p>
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<p>Note that the following exceptions override this clause:</p>
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<ol>
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<li>Contributions to controlled documents are subject to Policy on Policy
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("PoP" => COD1)</li>
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<li>Source code is subject to an open source licence regime.</li>
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<li>Personal data</li>
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<li>Postings under competing licences if clearly stated when posted</li>
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</ol>
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<h4><a name="1.4">1.4</a> Privacy</h4>
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<p>You give rights to CAcert to store, verify and process and publish your
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data in accordance with policies in force. These rights include shipping the
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data to foreign countries for system administration, support and processing
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purposes. Such shipping will only be done among CAcert Community
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administrators and Assurers.</p>
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<p>Privacy is further covered in the Privacy Policy ("PP" => COD5).</p>
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<h3><a name="2">2.</a> Your Risks, Liabilities and Obligations</h3>
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<p>As a Member, you have risks, liabilities and obligations within this
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agreement.</p>
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<h4><a name="2.1">2.1</a> Risks</h4>
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<ol>
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<li>A certificate may prove unreliable.</li>
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<li>Your account, keys or other security tools may be lost or otherwise
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compromised.</li>
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<li>You may find yourself subject to Arbitration (DRP => COD7).</li>
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</ol>
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<h4><a name="2.2">2.2</a> Liabilities</h4>
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<ol>
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<li>You are liable for any penalties as awarded against you by the
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Arbitrator.</li>
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<li>Remedies are as defined in the DRP (COD7). An Arbitrator's ruling may
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include monetary amounts, awarded against you.</li>
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<li>Your liability is limited to a total maximum of <b>1000 Euros</b>.</li>
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<li>"Foreign Courts" may assert jurisdiction. These include your local
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courts, and are outside our Arbitration. Foreign Courts will generally
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refer to the Arbitration Act of their country, which will generally refer
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civil cases to Arbitration. The Arbitration Act will not apply to criminal
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cases.</li>
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</ol>
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<h4><a name="2.3">2.3</a> Obligations</h4>
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<p>You are obliged</p>
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<ol>
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<li>to provide accurate information as part of Assurance. You give
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permission for verification of the information using CAcert-approved
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methods.</li>
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<li>to make no false representations.</li>
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<li>to submit all your disputes to Arbitration (DRP => COD7).</li>
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<li>to assist the Arbitrator by truthfully providing information, or with
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any other reasonable request.</li>
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<li>to not share your CAcert account.</li>
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</ol>
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<h4><a name="2.4">2.4</a> Principles</h4>
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<p>As a Member of CAcert, you are a member of the Community. You are further
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obliged to work within the spirit of the Principles of the Community. These
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are described in <a href=
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"http://svn.cacert.org/CAcert/principles.html">Principles of the
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Community</a>.</p>
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<h4><a name="2.5">2.5</a> Security</h4>
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<p>CAcert exists to help you to secure yourself. You are primarily
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responsible for your own security. Your security obligations include</p>
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<ol>
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<li>to secure yourself and your computing platform (e. g. PC),</li>
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<li>to keep your email account in good working order,</li>
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<li>to secure your CAcert account (e. g., credentials such as username,
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password),</li>
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<li>to secure your private keys, ensuring that they are only used as
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indicated by the certificate, or by wider agreement with others,</li>
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<li>to review certificates for accuracy, and</li>
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<li>when in doubt, notify CAcert,</li>
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<li>when in doubt, take other reasonable actions, such as revoking
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certificates, changing account credentials, and/or generating new
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keys.</li>
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</ol>
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<p>Where, above, 'secure' means to protect to a reasonable degree, in
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proportion with your risks and the risks of others.</p>
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<h3><a name="3">3.</a> Law and Jurisdiction</h3>
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<h4><a name="3.1">3.1</a> Governing Law</h4>
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<p>This agreement is governed under the law of New South Wales, Australia,
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being the home of the CAcert Inc. Association.</p>
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<h4><a name="3.2">3.2</a> Arbitration as Forum of Dispute Resolution</h4>
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<p>You agree, with CAcert and all of the Community, that all disputes arising
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out of or in connection to our use of CAcert services shall be referred to
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and finally resolved by Arbitration under the rules within the Dispute
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Resolution Policy of CAcert (DRP => COD7). The rules select a single
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Arbitrator chosen by CAcert from among senior Members in the Community. The
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ruling of the Arbitrator is binding and final on Members and CAcert
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alike.</p>
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<p>In general, the jurisdiction for resolution of disputes is within CAcert's
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own forum of Arbitration, as defined and controlled by its own rules (DRP
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=> COD7).</p>
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<p>We use Arbitration for many purposes beyond the strict nature of disputes,
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such as governance and oversight. A systems administrator may need
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authorisation to conduct a non-routine action, and Arbitration may provide
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that authorisation. Thus, you may find yourself party to Arbitration that is
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simply support actions, and you may file disputes in order to initiate
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support actions.</p>
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<h4><a name="3.3">3.3</a> Termination</h4>
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<p>The CAcert Community Agreement is terminated</p>
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<ol>
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<li>based on a Policy Group decision following (PoP => COD1). This
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terminates the Agreement with every member.</li>
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<li>with a ruling of the Arbitrator or the completion of a termination
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process defined by an Arbitrator ruling (DRP => COD7).</li>
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<li>by the end of existence of a member (i.e. death in the case of
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individuals).</li>
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</ol>
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<p>A member may declare the wish to resign from CAcert at any time by
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writing to <em>support AT cacert.org</em>. This triggers a process for
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termination of this agreement with the member.</p>
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<h4><a name="3.3">3.3a</a> Consequences of Termination</h4>
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<p>The termination discontinues the right to USE, OFFER and CREATE personal
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certificates in any account of the former member. Those certificates will be
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revoked and all services to the former member will be terminated as soon as
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possible. However, some information will continue to be held for certificate
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processing purposes.</p>
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<p>The provisions on Arbitration for the time of membership survive any
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termination. Former members are still bound by the DRP (COD7), and the
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Arbitrator may reinstate any provision of this agreement or bind them to a
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ruling.</p>
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<p>As far as Organisations are concerned details are also defined in the
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Organisation Assurance Policy (OAP => COD11).</p>
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<p>Every member learning about the death of a member or termination of
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existence of a member should notify <em>support AT cacert.org</em>.</p>
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<h4><a name="3.4">3.4</a> Changes of Agreement</h4>
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<p>CAcert may from time to time vary the terms of this Agreement. Changes
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will be done according to the documented CAcert policy for changing policies,
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and is subject to scrutiny and feedback by the Community. Changes will be
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notified to you by email to your primary address.</p>
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<p>If you do not agree to the changes, you may terminate as above. Continued
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use of the service shall be deemed to be agreement by you.</p>
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<h4><a name="3.5">3.5</a> Communication</h4>
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<p>You are responsible for keeping your primary email account in good working
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order and able to receive emails from CAcert.</p>
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<p>Notifications to CAcert are to be sent by email to the address <em>support
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AT cacert.org</em>. You should attach a digital signature</p>
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<h3><a name="4">4.</a> Miscellaneous</h3>
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<h4><a name="4.1">4.1</a> (withdrawn)</h4>
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<h4><a name="4.2">4.2</a> References and Other Binding Documents</h4>
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<p>You are also bound by the Policies of the Community under the control of
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Policy on Policy ("PoP" => COD1) and listed in <a href=
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"https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">Controlled
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Document List</a>.</p>
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<p>Controlled documents are primary, and may not be replaced or waived except
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by formal policy channels and Arbitration.</p>
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<p>This agreement is controlled document COD9.</p>
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<h4><a name="4.3">4.3</a> Informative References</h4>
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<p>The governing documents are in English. Documents may be translated for
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convenience. Because we cannot control the legal effect of translations, the
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English documents are the ruling ones.</p>
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<p>Beside this Agreement and the Policies, there are other documents, i. e.
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Policy Guides, Manuals and Handbooks, supporting and explaining this
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Agreement and the Policies. These documents are not binding and in doubt this
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Agreement and the Policies are valid.</p>
|
2015-01-08 15:02:47 +00:00
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2015-01-15 10:50:06 +00:00
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<h4><a name="4.4">4.4</a> (withdrawn)</h4>
|
2015-01-08 15:02:47 +00:00
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</body>
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</html>
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