diff --git a/www/policy/CAcertCommunityAgreement.php b/www/policy/CAcertCommunityAgreement.php index 3106eb1..17065f1 100644 --- a/www/policy/CAcertCommunityAgreement.php +++ b/www/policy/CAcertCommunityAgreement.php @@ -1,512 +1,593 @@ - - - -
This agreement is between you, being a registered member ("Member") within + CAcert's community at large ("Community") and CAcert Incorporated ("CAcert"), + being an operator of services to the Community.
+ +You and CAcert both agree to the terms and + conditions in this agreement. Your agreement is given by but not limited to any of
+ +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, including the NRP-DaL. + supersedes any prior agreements.
+ +As part of the Community, CAcert offers you these rights:
+ +You agree to a non-exclusive non-restrictive non-revokable transfer of + Licence to CAcert for your contributions. That is, if you post an idea or + comment on a CAcert forum, or email it to other Members, your work can be + used freely by the Community for CAcert purposes, including placing under + CAcert'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:
+ +You give rights to CAcert to store, verify and + 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 Community administrators and Assurers.
+ +Privacy is further covered in the Privacy Policy ("PP" => COD5).
+ +As a Member, you have risks, liabilities and obligations within this agreement.
+ +You are obliged
+ +As a 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 Principles of the + Community.
+ +CAcert exists to help you to secure yourself. You are primarily + responsible for your own security. Your security obligations include
+ +Where, above, 'secure' means to protect to a reasonable degree, in + proportion with your risks and the risks of others.
+ +This agreement is governed under the law of New South Wales, Australia, + being the home of the CAcert Inc. Association.
+ +You agree, with CAcert and all of the Community, that all disputes arising + out of or in connection to our use of CAcert services shall be referred to + and finally resolved by Arbitration under the rules within the Dispute + Resolution Policy of CAcert (DRP => COD7). The rules select a single + Arbitrator chosen by CAcert from among senior Members in the Community. The + ruling of the Arbitrator is binding and final on Members and CAcert + alike.
+ +In general, the jurisdiction for resolution of disputes is within CAcert's + own forum of Arbitration, as defined and controlled by 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.
+ +You may terminate this agreement by resigning from + CAcert. You may do this at any time by writing to CAcert's 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.
+ +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.
+ +Only the Arbitrator may terminate this agreement + with you.
+ +The CAcert Community Agreement is + terminated
+ +A member may declare the wish to resign from CAcert + at any time by writing to support AT cacert.org. This triggers a + process for termination of this agreement with the member.
+ +The termination discontinues the right to USE, + OFFER and CREATE personal certificates in any account of the former member. + Those certificates will be revoked and all services to the former member will + be terminated as soon as possible. However, some information will continue to + be held for certificate processing purposes.
+ +The provisions on Arbitration for the time of + membership survive any termination. Former members are still bound by the DRP + (COD7), and the Arbitrator may reinstate any provision of this agreement or + bind them to a ruling.
+ +As far as Organisations are concerned details are + also defined in the Organisation Assurance Policy (OAP => + COD11).
+ +Every member learning about the death of a member + or termination of existence of a member should notify support AT + cacert.org.
+ +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.
+ +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.
+ +You are responsible for keeping your primary email + account in good working order and able to receive emails from + CAcert.
+ +Notifications to CAcert are to be sent by email to the address support + AT cacert.org. 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 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.
+ +Arbitration is generally conducted by + email.
+ +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.
+ +This agreement is CAcert Official Document 9 (COD9) and + is a controlled document.
+ +You are also bound by the Policies of the Community + under the control of Policy on Policy ("PoP" => COD1) and listed in + Controlled + Document List.
+ +Where documents are referred to as => COD x, + they are controlled documents under the control of Policy on Policies + (COD1).
+ +This agreement and controlled documents above are + primary, and may not be replaced or waived except by formal policy channels + and by Arbitration.
+ +Controlled documents are primary, and may not be replaced + or waived except by formal policy channels and Arbitration.
+ +This agreement is controlled document COD9.
+ +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 Assurer + Handbook, 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.
--This agreement is between -you, being a registered member ("Member") -within CAcert's community at large ("Community") -and CAcert Incorporated ("CAcert"), -being an operator of services to the Community. -
- --You and CAcert both agree to the terms and conditions -in this agreement. -Your agreement is given by any of -
- --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, -including the NRP-DaL. -
- - --As part of the Community, CAcert offers you these rights: -
- --You agree to a non-exclusive non-restrictive non-revokable -transfer of Licence to CAcert for your contributions. -That is, if you post an idea or comment on a CAcert forum, -or email it to other Members, -your work can be used freely by the Community for -CAcert purposes, including placing under CAcert'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: -
- --You give rights to CAcert to store, verify and 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 Community administrators and Assurers. -
- --Privacy is further covered in the Privacy Policy ("PP" => COD5). -
- --As a Member, you have risks, liabilities -and obligations within this agreement. -
- -- You are obliged -
- --As a 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 - Principles of the Community. -
- --CAcert exists to help you to secure yourself. -You are primarily responsible for your own security. -Your security obligations include -
- --Where, above, 'secure' means to protect to a reasonable -degree, in proportion with your risks and the risks of -others. -
- --This agreement is governed under the law of -New South Wales, Australia, -being the home of the CAcert Inc. Association. -
- --You agree, with CAcert and all of the Community, -that all disputes arising out -of or in connection to our use of CAcert services -shall be referred to and finally resolved -by Arbitration under the rules within the -Dispute Resolution Policy of CAcert -(DRP => COD7). -The rules select a single Arbitrator chosen by CAcert -from among senior Members in the Community. -The ruling of the Arbitrator is binding and -final on Members and CAcert alike. -
- --In general, the jurisdiction for resolution of disputes -is within CAcert's own forum of Arbitration, -as defined and controlled by 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. -
- --You may terminate this agreement by resigning -from CAcert. You may do this at any time by -writing to CAcert's 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. -
- --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. -
- --Only the Arbitrator may terminate this agreement with you. -
- --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. -
- --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. -
- --Notifications to CAcert are to be sent by -email to the address -support at CAcert.org. -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 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. -
- --Arbitration is generally conducted by email. -
- --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. -
- - --This agreement is CAcert Official Document 9 (COD9) -and is a controlled document. -
- --You are also bound by -
- --Where documents are referred to as => COD x, -they are controlled documents -under the control of Policy on Policies (COD1). -
- --This agreement and controlled documents above are primary, -and may not be replaced or waived except -by formal policy channels and by Arbitration. -
- --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 -Assurer Handbook, -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. -
- --Intellectual Property. -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. -
+Beside this Agreement and the Policies, there are other + documents, i. e. Policy Guides, Manuals and Handbooks, supporting and + explaining this Agreement and the Policies. These documents are not binding + and in doubt this Agreement and the Policies are valid.
+Intellectual Property. 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.
+ Status: POLICY p20080109.1
+ DRAFT p20140709
+ Editor: Benedikt
+ Licence: CC-by-sa+DRP
+ +
+ + +