"replace DRAFT CCA with POLICY CCA"
This commit is contained in:
parent
86e2a3cb72
commit
cd4a66bd06
1 changed files with 400 additions and 524 deletions
|
@ -1,531 +1,407 @@
|
|||
<!DOCTYPE html>
|
||||
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01//EN"
|
||||
"http://www.w3.org/TR/html4/strict.dtd">
|
||||
<html>
|
||||
<head>
|
||||
<meta http-equiv="CONTENT-TYPE" content="text/html; charset=utf-8" lang="en">
|
||||
<title>CAcert Community Agreement</title>
|
||||
<style>
|
||||
.r{
|
||||
text-align: right;
|
||||
}
|
||||
.vTop{
|
||||
vertical-align: top;
|
||||
}
|
||||
dt{
|
||||
font-style: italic;
|
||||
}
|
||||
</style>
|
||||
|
||||
<meta http-equiv="CONTENT-TYPE" content="text/html; charset=utf-8" >
|
||||
<title>CAcert Community Agreement</title>
|
||||
<style type="text/css">
|
||||
/*<![CDATA[*/
|
||||
.comment {
|
||||
color : steelblue;
|
||||
}
|
||||
.first-does-not-work {
|
||||
color : red;
|
||||
}
|
||||
.q {
|
||||
color : green;
|
||||
font-weight: bold;
|
||||
text-align: center;
|
||||
font-style:italic;
|
||||
}
|
||||
.change {
|
||||
color : blue;
|
||||
font-weight: bold;
|
||||
}
|
||||
.strike {
|
||||
color : blue;
|
||||
text-decoration:line-through;
|
||||
}
|
||||
img.c2 {border-style: none;}
|
||||
a.c1 {color: steelblue}
|
||||
/*]]>*/
|
||||
</style>
|
||||
</head>
|
||||
|
||||
<body>
|
||||
<div class="comment">
|
||||
<table width="100%">
|
||||
<tr>
|
||||
<td rowspan="2">Name: CCA <a class="c1" href=
|
||||
"https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">COD9</a><br >
|
||||
|
||||
<div class="comment">
|
||||
<table style="width: 100%;">
|
||||
|
||||
<tr>
|
||||
<td>
|
||||
Name: CCA <a style="color: steelblue" href="https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">COD9</a><br />
|
||||
Status: POLICY <a style="color: steelblue" href="https://wiki.cacert.org/PolicyDecisions#p20080109">p20080109</a><br />
|
||||
Editor: <a style="color: steelblue" href="https://wiki.cacert.org/Iang">Iang</a><br />
|
||||
Licence: <a style="color: steelblue" href="https://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 />
|
||||
|
||||
</td>
|
||||
<td class="vTop r">
|
||||
<a href="https://www.cacert.org/policy/PolicyOnPolicy.html"><img src="images/cacert-policy.png" alt="CCA Status - POLICY" height="31" width="88" style="border-style: none;" /></a>
|
||||
|
||||
</td>
|
||||
</tr>
|
||||
</table>
|
||||
</div>
|
||||
|
||||
<h2> CAcert Community Agreement </h2>
|
||||
|
||||
|
||||
|
||||
<h3 id="s0"> 0. Introduction </h3>
|
||||
|
||||
<p>
|
||||
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.
|
||||
</p>
|
||||
|
||||
<h4 id="s0.1"> 0.1 Terms </h4>
|
||||
<dl>
|
||||
<dt>"CAcert"</dt><dd>
|
||||
means CAcert Inc.,
|
||||
a non-profit Association of Members incorporated in
|
||||
New South Wales, Australia.
|
||||
Note that Association Members are distinct from
|
||||
the Members defined here.</dd>
|
||||
<dt>"Member"</dt><dd>
|
||||
means you, a registered participant within CAcert's Community,
|
||||
with an account on the website and the
|
||||
facility to request certificates.
|
||||
Members may be individuals ("natural persons")
|
||||
or organisations ("legal persons").</dd>
|
||||
<dt>"Organisation"</dt><dd>
|
||||
is defined under the Organisation Assurance programme,
|
||||
and generally includes corporations and other entities
|
||||
that become Members and become Assured.</dd>
|
||||
<dt>"Community"</dt><dd>
|
||||
means all of the Members
|
||||
that are registered by this agreement
|
||||
and other parties by other agreements,
|
||||
all being under CAcert's Arbitration.</dd>
|
||||
<dt>"Non-Related Person" ("NRP")</dt><dd>
|
||||
being someone who is not a
|
||||
Member, is not part of the Community,
|
||||
and has not registered their agreement.
|
||||
Such people are offered the NRP-DaL
|
||||
another agreement allowing the USE of certificates.</dd>
|
||||
<dt>"Non-Related Persons - Disclaimer and Licence" ("NRP-DaL")</dt><dd>
|
||||
another agreement that is offered to persons outside the
|
||||
Community.</dd>
|
||||
<dt>"Arbitration"</dt><dd>
|
||||
is the Community's forum for
|
||||
resolving disputes, or jurisdiction.</dd>
|
||||
<dt>"Dispute Resolution Policy" ("DRP" => COD7)</dt><dd>
|
||||
is the policy and
|
||||
rules for resolving disputes.</dd>
|
||||
<dt>"USE"</dt><dd>
|
||||
means the act by your software
|
||||
to conduct its tasks, incorporating
|
||||
the certificates according to software procedures.</dd>
|
||||
<dt>"RELY"</dt><dd>
|
||||
means your human act in taking on a
|
||||
risk and liability on the basis of the claim(s)
|
||||
bound within a certificate.</dd>
|
||||
<dt>"OFFER"</dt><dd>
|
||||
means the your act
|
||||
of making available your certificate to another person.
|
||||
Generally, you install and configure your software
|
||||
to act as your agent and facilite this and other tasks.
|
||||
OFFER does not imply suggestion of reliance.</dd>
|
||||
<dt>"Issue"</dt><dd>
|
||||
means creation of a certificate by CAcert.
|
||||
To create a certificate,
|
||||
CAcert 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.</dd>
|
||||
<dt>"Root"</dt><dd>
|
||||
means CAcert's top level key,
|
||||
used for signing certificates for Members.
|
||||
In this document, the term includes any subroots.</dd>
|
||||
<dt>"CAcert Official Document" ("COD" => COD3)</dt><dd>
|
||||
in 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.</dd>
|
||||
<dt>"Certification Practice Statement" ("CPS" => COD6)</dt><dd>
|
||||
is the document that controls details
|
||||
about operational matters within CAcert.</dd>
|
||||
</dl>
|
||||
|
||||
|
||||
<h3 id="s1"> 1. Agreement and Licence </h3>
|
||||
|
||||
<h4 id="s1.1"> 1.1 Agreement </h4>
|
||||
|
||||
<p>
|
||||
You and CAcert both agree to the terms and conditions
|
||||
in this agreement.
|
||||
Your agreement is given by any of
|
||||
</p>
|
||||
|
||||
<ul><li>
|
||||
your signature on a form to request assurance of identity
|
||||
("CAP" form),
|
||||
</li><li>
|
||||
your request on the website
|
||||
to join the Community and create an account,
|
||||
</li><li>
|
||||
your request for Organisation Assurance,
|
||||
</li><li>
|
||||
your request for issuing of certificates, or
|
||||
</li><li>
|
||||
if you USE, RELY, or OFFER
|
||||
any certificate issued to you.
|
||||
</li></ul>
|
||||
|
||||
<p>
|
||||
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.
|
||||
</p>
|
||||
|
||||
|
||||
<h4 id="s1.2"> 1.2 Licence </h4>
|
||||
|
||||
<p>
|
||||
As part of the Community, CAcert offers you these rights:
|
||||
</p>
|
||||
|
||||
<ol><li>
|
||||
You may USE any certificates issued by CAcert.
|
||||
</li><li>
|
||||
You may RELY on any certificate issued by CAcert,
|
||||
as explained and limited by CPS (COD6).
|
||||
</li><li>
|
||||
You may OFFER certificates issued to you by CAcert
|
||||
to Members for their RELIANCE.
|
||||
</li><li>
|
||||
You may OFFER certificates issued to you by CAcert
|
||||
to NRPs for their USE, within the general principles
|
||||
of the Community.
|
||||
</li><li>
|
||||
This Licence is free of cost,
|
||||
non-exclusive, and non-transferrable.
|
||||
</li></ol>
|
||||
|
||||
<h4 id="s1.3"> 1.3 Your Contributions </h4>
|
||||
|
||||
|
||||
<p>
|
||||
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.
|
||||
</p>
|
||||
|
||||
<p>
|
||||
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.
|
||||
</p>
|
||||
|
||||
<p>
|
||||
Note that the following exceptions override this clause:
|
||||
</p>
|
||||
|
||||
<ol><li>
|
||||
Contributions to controlled documents are subject to
|
||||
Policy on Policy ("PoP" => COD1)
|
||||
</li><li>
|
||||
Source code is subject to an open source licence regime.
|
||||
</li></ol>
|
||||
|
||||
<h4 id="s1.4"> 1.4 Privacy </h4>
|
||||
|
||||
|
||||
<p>
|
||||
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.
|
||||
</p>
|
||||
|
||||
<p>
|
||||
Privacy is further covered in the Privacy Policy ("PP" => COD5).
|
||||
</p>
|
||||
|
||||
<h3 id="s2"> 2. Your Risks, Liabilities and Obligations </h3>
|
||||
|
||||
<p>
|
||||
As a Member, you have risks, liabilities
|
||||
and obligations within this agreement.
|
||||
</p>
|
||||
|
||||
<h4 id="s2.1"> 2.1 Risks </h4>
|
||||
|
||||
<ol><li>
|
||||
A certificate may prove unreliable.
|
||||
</li><li>
|
||||
Your account, keys or other security tools may be
|
||||
lost or otherwise compromised.
|
||||
</li><li>
|
||||
You may find yourself subject to Arbitration
|
||||
(DRP => COD7).
|
||||
</li></ol>
|
||||
|
||||
<h4 id="s2.2"> 2.2 Liabilities </h4>
|
||||
|
||||
<ol><li>
|
||||
You are liable for any penalties
|
||||
as awarded against you by the Arbitrator.
|
||||
</li><li>
|
||||
Remedies are as defined in the DRP (COD7).
|
||||
An Arbitrator's ruling may
|
||||
include monetary amounts, awarded against you.
|
||||
</li><li>
|
||||
Your liability is limited to
|
||||
a total maximum of
|
||||
<b>1000 Euros</b>.
|
||||
</li><li>
|
||||
"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.
|
||||
</li></ol>
|
||||
|
||||
<h4 id="s2.3"> 2.3 Obligations </h4>
|
||||
|
||||
<p>
|
||||
You are obliged
|
||||
</p>
|
||||
|
||||
<ol><li>
|
||||
to provide accurate information
|
||||
as part of Assurance.
|
||||
You give permission for verification of the information
|
||||
using CAcert-approved methods.
|
||||
</li><li>
|
||||
to make no false representations.
|
||||
</li><li>
|
||||
to submit all your disputes to Arbitration
|
||||
(DRP => COD7).
|
||||
</li></ol>
|
||||
|
||||
<h4 id="s2.4"> 2.4 Principles </h4>
|
||||
|
||||
<p>
|
||||
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
|
||||
<a href="https://svn.cacert.org/CAcert/principles.html">Principles of the Community</a>.
|
||||
</p>
|
||||
|
||||
<h4 id="s2.5"> 2.5 Security </h4>
|
||||
<p>
|
||||
CAcert exists to help you to secure yourself.
|
||||
You are primarily responsible for your own security.
|
||||
Your security obligations include
|
||||
</p>
|
||||
|
||||
<ol><li>
|
||||
to secure yourself and your computing platform (e.g., PC),
|
||||
</li><li>
|
||||
to keep your email account in good working order,
|
||||
</li><li>
|
||||
to secure your CAcert account
|
||||
(e.g., credentials such as username, password),
|
||||
</li><li>
|
||||
to secure your private keys,
|
||||
</li><li>
|
||||
to review certificates for accuracy,
|
||||
and
|
||||
</li><li>
|
||||
when in doubt, notify CAcert,
|
||||
</li><li>
|
||||
when in doubt, take other reasonable actions, such as
|
||||
revoking certificates,
|
||||
changing account credentials,
|
||||
and/or generating new keys.
|
||||
</li></ol>
|
||||
|
||||
<p>
|
||||
Where, above, 'secure' means to protect to a reasonable
|
||||
degree, in proportion with your risks and the risks of
|
||||
others.
|
||||
</p>
|
||||
|
||||
<h3 id="s3"> 3. Law and Jurisdiction </h3>
|
||||
|
||||
<h4 id="s3.1"> 3.1 Governing Law </h4>
|
||||
|
||||
<p>
|
||||
This agreement is governed under the law of
|
||||
New South Wales, Australia,
|
||||
being the home of the CAcert Inc. Association.
|
||||
</p>
|
||||
|
||||
<h4 id="s3.2"> 3.2 Arbitration as Forum of Dispute Resolution </h4>
|
||||
|
||||
<p>
|
||||
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.
|
||||
</p>
|
||||
|
||||
<p>
|
||||
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).
|
||||
</p>
|
||||
|
||||
<p>
|
||||
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.
|
||||
</p>
|
||||
|
||||
<h4 id="s3.3"> 3.3 Termination </h4>
|
||||
<p>
|
||||
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.
|
||||
</p>
|
||||
|
||||
<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>
|
||||
|
||||
<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>
|
||||
|
||||
|
||||
<h4 id="s4.2"> 4.2 References and Other Binding Documents </h4>
|
||||
|
||||
<p>
|
||||
This agreement is CAcert Official Document 9 (COD9)
|
||||
and is a controlled document.
|
||||
</p>
|
||||
|
||||
<p>
|
||||
You are also bound by
|
||||
</p>
|
||||
|
||||
<ol><li>
|
||||
<a href="https://www.cacert.org/policy/CertificationPracticeStatement.html">
|
||||
Certification Practice Statement</a> (CPS => COD6).
|
||||
</li><li>
|
||||
<a href="https://www.cacert.org/policy/DisputeResolutionPolicy.html">
|
||||
Dispute Resolution Policy</a> (DRP => COD7).
|
||||
</li><li>
|
||||
<a href="https://www.cacert.org/policy/PrivacyPolicy.html">
|
||||
Privacy Policy</a> (PP => COD5).
|
||||
</li><li>
|
||||
<a href="https://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 controlled documents
|
||||
under the control of Policy on Policies (COD1).
|
||||
</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
|
||||
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.
|
||||
</p>
|
||||
|
||||
<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>
|
||||
<p><a href="http://validator.w3.org/check?uri=referer"><img src="images/valid-html50-blue.png" alt="Valid HTML 5" height="31" width="88"></a></p>
|
||||
Status: POLICY <a class="c1" href=
|
||||
"https://wiki.cacert.org/PolicyDecisions#p20141008">p20141008</a><br >
|
||||
Editor: <a class="c1" href=
|
||||
"https://wiki.cacert.org/Community/HomePagesMembers/BenediktHeintel">Benedikt</a><br >
|
||||
|
||||
Licence: <a class="c1" href="https://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 ></td>
|
||||
|
||||
<td valign="top" align="right"><a href=
|
||||
"https://www.cacert.org/policy/PolicyOnPolicy.php"><img src=
|
||||
"images/cacert-policy.png" alt="CCA Status - POLICY" height="31" width=
|
||||
"88" class="c2" ></a></td>
|
||||
</tr>
|
||||
</table>
|
||||
</div>
|
||||
|
||||
<h2>CAcert Community Agreement</h2>
|
||||
|
||||
<h3><a name="0">0.</a> Introduction</h3>
|
||||
|
||||
<p>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.</p>
|
||||
|
||||
<h4><a name="0.1">0.1</a> Terms</h4>
|
||||
|
||||
<ol>
|
||||
<li>"CAcert" means CAcert Inc., a non-profit Association of Members
|
||||
incorporated in New South Wales, Australia. Note that Association Members
|
||||
are distinct from the Members defined here.</li>
|
||||
|
||||
<li>"Member" means you, a registered participant within CAcert's Community,
|
||||
with an account on the website and the facility to request certificates.
|
||||
Members may be individuals ("natural persons") or organisations ("legal
|
||||
persons").</li>
|
||||
|
||||
<li>"Organisation" is defined under the Organisation Assurance programme,
|
||||
and generally includes corporations and other entities that become Members
|
||||
and become Assured.</li>
|
||||
|
||||
<li>"Community" means all of the Members that are registered by this
|
||||
agreement and other parties by other agreements, all being under CAcert's
|
||||
Arbitration.</li>
|
||||
|
||||
<li>"Non-Related Person" ("NRP"), being someone who is not a Member, is not
|
||||
part of the Community, and has not registered their agreement.</li>
|
||||
|
||||
<li>(withdrawn)</li>
|
||||
|
||||
<li>"Arbitration" is the Community's forum for resolving disputes, or
|
||||
jurisdiction.</li>
|
||||
|
||||
<li>"Dispute Resolution Policy" ("DRP" => COD7) is the policy and rules
|
||||
for resolving disputes.</li>
|
||||
|
||||
<li>"USE" means the act by your software to conduct its tasks,
|
||||
incorporating the certificates according to software procedures.</li>
|
||||
|
||||
<li>"RELY" means your human act in taking on a risk and liability on the
|
||||
basis of the claim(s) bound within a certificate.</li>
|
||||
|
||||
<li>"OFFER" means the your act of making available your certificate to
|
||||
another person. Generally, you install and configure your software to act
|
||||
as your agent and facilite this and other tasks. OFFER does not imply
|
||||
suggestion of reliance.</li>
|
||||
|
||||
<li>"Issue" means creation of a certificate by CAcert. To create a
|
||||
certificate, CAcert 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>"Root" means CAcert's top level key, used for signing certificates for
|
||||
Members. In this document, the term includes any subroots.</li>
|
||||
|
||||
<li>"CAcert Official Document" ("COD") is an official managed and
|
||||
controlled document (e. g. a Policy) of CAcert.</li>
|
||||
|
||||
<li>"Certification Practice Statement" ("CPS" => COD6) is the document
|
||||
that controls details about operational matters within CAcert.</li>
|
||||
</ol>
|
||||
|
||||
<h3><a name="1">1.</a> Agreement and Licence</h3>
|
||||
|
||||
<h4><a name="1.1">1.1</a> Agreement</h4>
|
||||
|
||||
<p>You agree to the terms and conditions in this agreement. Your agreement is
|
||||
given by but not limited to</p>
|
||||
|
||||
<ul>
|
||||
<li>your signature on a form to request assurance of identity ("CAP"
|
||||
form),</li>
|
||||
|
||||
<li>your request on the website to join the Community and create an
|
||||
account,</li>
|
||||
|
||||
<li>your request for Organisation Assurance,</li>
|
||||
|
||||
<li>your request for issuing of certificates, or</li>
|
||||
|
||||
<li>if you USE, RELY, or OFFER any certificate issued to you.</li>
|
||||
</ul>
|
||||
|
||||
<p>Your agreement is effective from the date of the first event above that
|
||||
makes this agreement known to you. This Agreement replaces and supersedes any
|
||||
prior agreements.</p>
|
||||
|
||||
<h4><a name="1.2">1.2</a> Licence</h4>
|
||||
|
||||
<p>As part of the Community, CAcert offers you these rights:</p>
|
||||
|
||||
<ol>
|
||||
<li>You may USE any certificates issued by CAcert.</li>
|
||||
|
||||
<li>You may RELY on any certificate issued by CAcert, as explained and
|
||||
limited by CPS (COD6).</li>
|
||||
|
||||
<li>You may OFFER certificates issued to you by CAcert to Members for their
|
||||
RELIANCE.</li>
|
||||
|
||||
<li>You may OFFER certificates issued to you by CAcert to NRPs for their
|
||||
USE, within the general principles of the Community.</li>
|
||||
|
||||
<li>This Licence is free of cost, non-exclusive, and
|
||||
non-transferrable.</li>
|
||||
</ol>
|
||||
|
||||
<h4><a name="1.3">1.3</a> Your Contributions</h4>
|
||||
|
||||
<p>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.</p>
|
||||
|
||||
<p>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.</p>
|
||||
|
||||
<p>Note that the following exceptions override this clause:</p>
|
||||
|
||||
<ol>
|
||||
<li>Contributions to controlled documents are subject to Policy on Policy
|
||||
("PoP" => COD1)</li>
|
||||
|
||||
<li>Source code is subject to an open source licence regime.</li>
|
||||
|
||||
<li>Personal data</li>
|
||||
|
||||
<li>Postings under competing licences if clearly stated when posted</li>
|
||||
</ol>
|
||||
|
||||
<h4><a name="1.4">1.4</a> Privacy</h4>
|
||||
|
||||
<p>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.</p>
|
||||
|
||||
<p>Privacy is further covered in the Privacy Policy ("PP" => COD5).</p>
|
||||
|
||||
<h3><a name="2">2.</a> Your Risks, Liabilities and Obligations</h3>
|
||||
|
||||
<p>As a Member, you have risks, liabilities and obligations within this
|
||||
agreement.</p>
|
||||
|
||||
<h4><a name="2.1">2.1</a> Risks</h4>
|
||||
|
||||
<ol>
|
||||
<li>A certificate may prove unreliable.</li>
|
||||
|
||||
<li>Your account, keys or other security tools may be lost or otherwise
|
||||
compromised.</li>
|
||||
|
||||
<li>You may find yourself subject to Arbitration (DRP => COD7).</li>
|
||||
</ol>
|
||||
|
||||
<h4><a name="2.2">2.2</a> Liabilities</h4>
|
||||
|
||||
<ol>
|
||||
<li>You are liable for any penalties as awarded against you by the
|
||||
Arbitrator.</li>
|
||||
|
||||
<li>Remedies are as defined in the DRP (COD7). An Arbitrator's ruling may
|
||||
include monetary amounts, awarded against you.</li>
|
||||
|
||||
<li>Your liability is limited to a total maximum of <b>1000 Euros</b>.</li>
|
||||
|
||||
<li>"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.</li>
|
||||
</ol>
|
||||
|
||||
<h4><a name="2.3">2.3</a> Obligations</h4>
|
||||
|
||||
<p>You are obliged</p>
|
||||
|
||||
<ol>
|
||||
<li>to provide accurate information as part of Assurance. You give
|
||||
permission for verification of the information using CAcert-approved
|
||||
methods.</li>
|
||||
|
||||
<li>to make no false representations.</li>
|
||||
|
||||
<li>to submit all your disputes to Arbitration (DRP => COD7).</li>
|
||||
|
||||
<li>to assist the Arbitrator by truthfully providing information, or with
|
||||
any other reasonable request.</li>
|
||||
|
||||
<li>to not share your CAcert account.</li>
|
||||
</ol>
|
||||
|
||||
<h4><a name="2.4">2.4</a> Principles</h4>
|
||||
|
||||
<p>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 <a href=
|
||||
"http://svn.cacert.org/CAcert/principles.html">Principles of the
|
||||
Community</a>.</p>
|
||||
|
||||
<h4><a name="2.5">2.5</a> Security</h4>
|
||||
|
||||
<p>CAcert exists to help you to secure yourself. You are primarily
|
||||
responsible for your own security. Your security obligations include</p>
|
||||
|
||||
<ol>
|
||||
<li>to secure yourself and your computing platform (e. g. PC),</li>
|
||||
|
||||
<li>to keep your email account in good working order,</li>
|
||||
|
||||
<li>to secure your CAcert account (e. g., credentials such as username,
|
||||
password),</li>
|
||||
|
||||
<li>to secure your private keys, ensuring that they are only used as
|
||||
indicated by the certificate, or by wider agreement with others,</li>
|
||||
|
||||
<li>to review certificates for accuracy, and</li>
|
||||
|
||||
<li>when in doubt, notify CAcert,</li>
|
||||
|
||||
<li>when in doubt, take other reasonable actions, such as revoking
|
||||
certificates, changing account credentials, and/or generating new
|
||||
keys.</li>
|
||||
</ol>
|
||||
|
||||
<p>Where, above, 'secure' means to protect to a reasonable degree, in
|
||||
proportion with your risks and the risks of others.</p>
|
||||
|
||||
<h3><a name="3">3.</a> Law and Jurisdiction</h3>
|
||||
|
||||
<h4><a name="3.1">3.1</a> Governing Law</h4>
|
||||
|
||||
<p>This agreement is governed under the law of New South Wales, Australia,
|
||||
being the home of the CAcert Inc. Association.</p>
|
||||
|
||||
<h4><a name="3.2">3.2</a> Arbitration as Forum of Dispute Resolution</h4>
|
||||
|
||||
<p>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.</p>
|
||||
|
||||
<p>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).</p>
|
||||
|
||||
<p>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.</p>
|
||||
|
||||
<h4><a name="3.3">3.3</a> Termination</h4>
|
||||
|
||||
<p>The CAcert Community Agreement is terminated</p>
|
||||
|
||||
<ol>
|
||||
<li>based on a Policy Group decision following (PoP => COD1). This
|
||||
terminates the Agreement with every member.</li>
|
||||
|
||||
<li>with a ruling of the Arbitrator or the completion of a termination
|
||||
process defined by an Arbitrator ruling (DRP => COD7).</li>
|
||||
|
||||
<li>by the end of existence of a member (i.e. death in the case of
|
||||
individuals).</li>
|
||||
</ol>
|
||||
|
||||
<p>A member may declare the wish to resign from CAcert at any time by
|
||||
writing to <em>support AT cacert.org</em>. This triggers a process for
|
||||
termination of this agreement with the member.</p>
|
||||
|
||||
<h4><a name="3.3">3.3a</a> Consequences of Termination</h4>
|
||||
|
||||
<p>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.</p>
|
||||
|
||||
<p>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.</p>
|
||||
|
||||
<p>As far as Organisations are concerned details are also defined in the
|
||||
Organisation Assurance Policy (OAP => COD11).</p>
|
||||
|
||||
<p>Every member learning about the death of a member or termination of
|
||||
existence of a member should notify <em>support AT cacert.org</em>.</p>
|
||||
|
||||
<h4><a name="3.4">3.4</a> 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>
|
||||
|
||||
<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><a name="3.5">3.5</a> Communication</h4>
|
||||
|
||||
<p>You are responsible for keeping your primary email account in good working
|
||||
order and able to receive emails from CAcert.</p>
|
||||
|
||||
<p>Notifications to CAcert are to be sent by email to the address <em>support
|
||||
AT cacert.org</em>. You should attach a digital signature</p>
|
||||
|
||||
<h3><a name="4">4.</a> Miscellaneous</h3>
|
||||
|
||||
<h4><a name="4.1">4.1</a> (withdrawn)</h4>
|
||||
|
||||
<h4><a name="4.2">4.2</a> References and Other Binding Documents</h4>
|
||||
|
||||
<p>You are also bound by the Policies of the Community under the control of
|
||||
Policy on Policy ("PoP" => COD1) and listed in <a href=
|
||||
"https://svn.cacert.org/CAcert/Policies/ControlledDocumentList.html">Controlled
|
||||
Document List</a>.</p>
|
||||
|
||||
<p>Controlled documents are primary, and may not be replaced or waived except
|
||||
by formal policy channels and Arbitration.</p>
|
||||
|
||||
<p>This agreement is controlled document COD9.</p>
|
||||
|
||||
<h4><a name="4.3">4.3</a> 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>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.</p>
|
||||
|
||||
<h4><a name="4.4">4.4</a> (withdrawn)</h4>
|
||||
</body>
|
||||
</html>
|
||||
|
|
Loading…
Reference in a new issue