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593 lines
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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#p20080109.1_CCA_to_POLICY_status">p20080109.1</a><br />
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<span class="draftadd">DRAFT <a style="color: steelblue" href="https://wiki.cacert.org/PolicyDecisions#p20140709_CCA_update_to_DRAFT">p20140709</a></span> <br />
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Editor: <a style="color: steelblue" href="https://wiki.cacert.org/Community/HomePagesMembers/BenediktHeintel">Benedikt</a><br />
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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 />
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</td>
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<td valign="top" align="right">
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<a href="https://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 POLICY -->
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<br />
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<a href="https://www.cacert.org/policy/PolicyOnPolicy.php"><img src="images/cacert-draft.png" alt="CCA Status - DRAFT" height="31" width="88" style="border-style: none;" /></a>
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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. <span class=
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"strike7">Such people are offered the NRP-DaL another agreement allowing
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the USE of certificates.</span></li>
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<li><span class="strike7">"Non-Related Persons - Disclaimer and Licence"
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("NRP-DaL"), another agreement that is offered to persons outside the
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Community.</span><span class="change7">(withdrawn)</span></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" <span class="strike4">=>
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COD3</span>) <span class="strike4">in a standard format for describing the
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details of operation and governance essential to a certificate authority.
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Changes are managed and controlled. CODs define more technical terms. See
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4.2 for listing of relevant CODs.</span> <span class="change4">is an
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official managed and controlled document (e. g. a Policy) of
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CAcert.</span></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 <span class="strike">and CAcert both</span> agree to the terms and
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conditions in this agreement. Your agreement is given by <span class=
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"change2">but not limited to</span> <span class="strike2">any of</span></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 <span class=
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"strike2">supercedes prior agreements, including the NRP-DaL.</span>
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<span class="change2">supersedes any prior agreements.</span></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><span class="change">Personal data</span></li>
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<li><span class="change">Postings under competing licenses if clearly
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stated when posted</span></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
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process and publish your data in accordance with policies in force. These
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rights include shipping the data to foreign countries for system
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administration, support and processing purposes. Such shipping will only be
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done among CAcert Community 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 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
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lost or otherwise compromised.</li>
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<li>You may find yourself subject to Arbitration (DRP
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=> 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
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against you by the Arbitrator.</li>
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<li>Remedies are as defined in the DRP (COD7). An
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Arbitrator's ruling may include monetary amounts, awarded against
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you.</li>
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<li>Your liability is limited to a total maximum of
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<b>1000 Euros</b>.</li>
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<li>"Foreign Courts" may assert jurisdiction. These
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include your local courts, and are outside our Arbitration. Foreign Courts
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will generally refer to the Arbitration Act of their country, which will
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generally refer civil cases to Arbitration. The Arbitration Act will not
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apply to criminal 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
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Assurance. You give permission for verification of the information using
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CAcert-approved 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
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=> COD7).</li>
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<li><span class="change">to assist the Arbitrator by truthfully providing
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information, or with any other reasonable request.</span></li>
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<li><span class="change7">to not share your CAcert account.</span></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, <span class="change8">ensuring that they
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are only used as indicated by the certificate, or by wider agreement with
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others,</span></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><span class="strike12">You may terminate this agreement by resigning from
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CAcert. You may do this at any time by writing to CAcert's online support
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forum and filing dispute to resign. All services will be terminated, and your
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certificates will be revoked. However, some information will continue to be
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held for certificate processing purposes.</span></p>
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<p><span class="strike12">The provisions on Arbitration survive any
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termination by you by leaving CAcert. That is, even if you resign from
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CAcert, you are still bound by the DRP (COD7), and the Arbitrator may
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reinstate any provision of this agreement or bind you to a ruling.</span></p>
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<p><span class="strike12">Only the Arbitrator may terminate this agreement
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with you.</span></p>
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<p><span class="change12">The CAcert Community Agreement is
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terminated</span></p>
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<ol>
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<li><span class="change12">based on a Policy Group decision following (PoP
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=> COD1). This terminates the Agreement with every member.</span></li>
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<li><span class="change12">with a ruling of the Arbitrator or the
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completion of a termination process defined by an Arbitrator ruling (DRP
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=> COD7).</span></li>
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<li><span class="change12">by the end of existence of a member (i.e. death
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in the case of individuals).</span></li>
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</ol>
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<p><span class="change12">A member may declare the wish to resign from CAcert
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at any time by writing to <em>support AT cacert.org</em>. This triggers a
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process for termination of this agreement with the member.</span></p>
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<h4><span class="change12"><a name="3.3">3.3a</a> Consequences of
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Termination</span></h4>
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<p><span class="change12">The termination discontinues the right to USE,
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OFFER and CREATE personal certificates in any account of the former member.
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Those certificates will be revoked and all services to the former member will
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be terminated as soon as possible. However, some information will continue to
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be held for certificate processing purposes.</span></p>
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<p><span class="change12">The provisions on Arbitration for the time of
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membership survive any termination. Former members are still bound by the DRP
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(COD7), and the Arbitrator may reinstate any provision of this agreement or
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bind them to a ruling.</span></p>
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<p><span class="change12">As far as Organisations are concerned details are
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also defined in the Organisation Assurance Policy (OAP =>
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COD11).</span></p>
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<p><span class="change12">Every member learning about the death of a member
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or termination of existence of a member should notify <em>support AT
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cacert.org</em>.</span></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,
|
|
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><span class="change6">You are responsible for keeping your primary email
|
|
account in good working order and able to receive emails from
|
|
CAcert.</span></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<span class=
|
|
"strike6">, but need not do so in the event of security or similar
|
|
urgency</span>.</p>
|
|
|
|
<p><span class="strike6">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.</span></p>
|
|
|
|
<p><span class="strike6">Arbitration is generally conducted by
|
|
email.</span></p>
|
|
|
|
<h3><a name="4">4.</a> Miscellaneous</h3>
|
|
|
|
<h4><a name="4.1">4.1</a> <span class="strike10">Other Parties Within the
|
|
Community</span> <span class="change10">(withdrawn)</span></h4>
|
|
|
|
<p class="strike10">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><a name="4.2">4.2</a> References and Other Binding Documents</h4>
|
|
|
|
<p class="strike11">This agreement is CAcert Official Document 9 (COD9) and
|
|
is a controlled document.</p>
|
|
|
|
<p>You are also bound by <span class="change11">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>.</span></p>
|
|
|
|
<ol>
|
|
<li><span class="strike11"><a href=
|
|
"http://www.cacert.org/policy/CertificationPracticeStatement.php">Certification
|
|
Practice Statement</a> (CPS => COD6).</span></li>
|
|
|
|
<li><span class="strike11"><a href=
|
|
"http://www.cacert.org/policy/DisputeResolutionPolicy.php">Dispute
|
|
Resolution Policy</a> (DRP => COD7).</span></li>
|
|
|
|
<li><span class="strike11"><a href="PrivacyPolicy.html">Privacy Policy</a>
|
|
(PP => COD5).</span></li>
|
|
|
|
<li><span class="strike11"><a href=
|
|
"http://svn.cacert.org/CAcert/principles.html">Principles of the
|
|
Community</a>.</span></li>
|
|
</ol>
|
|
|
|
<p class="strike11">Where documents are referred to as <i>=> COD x</i>,
|
|
they are controlled documents under the control of Policy on Policies
|
|
(COD1).</p>
|
|
|
|
<p class="strike11">This agreement and controlled documents above are
|
|
primary, and may not be replaced or waived except by formal policy channels
|
|
and by Arbitration.</p>
|
|
|
|
<p class="change11">Controlled documents are primary, and may not be replaced
|
|
or waived except by formal policy channels and Arbitration.</p>
|
|
|
|
<p class="change11">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 class="strike9">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>
|
|
|
|
<p class="change9">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> <span class="strike9">Not Covered in this
|
|
Agreement</span> <span class="change9">(withdrawn)</span></h4>
|
|
|
|
<p class="strike9"><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>
|
|
</body>
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