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-<html>
-<head><title>CAcert Community Agreement</title></head>
-<body>
-
-
-
-
-<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.
- Such people are offered the NRP-DaL
- another agreement allowing the USE of certificates.
- </li><li>
- "Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"),
- another agreement that is offered to persons outside the
- Community.
- </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" => COD3)
- 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.
- </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 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> <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></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></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,
- </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>
-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> <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>
-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> <a name="4"> 4. </a> Miscellaneous </h3>
-
-<h4> <a name="4.1"> 4.1 </a> 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> <a name="4.2"> 4.2 </a> 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="http://www.cacert.org/policy/CertificationPracticeStatement.html">
- Certification Practice Statement</a> (CPS => COD6).
- </li><li>
- <a href="http://www.cacert.org/policy/DisputeResolutionPolicy.html">
- Dispute Resolution Policy</a> (DRP => COD7).
- </li><li>
- <a href="PrivacyPolicy.html">
- Privacy Policy</a> (PP => COD5).
- </li><li>
- <a href="http://svn.cacert.org/CAcert/principles.html">
- Principles of the Community</a>.
-</li></ol>
-
-<p>
-Where documents are referred to as <i>=> COD x</i>,
-they are 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> <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>
-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> <a name="4.4"> 4.4 </a> 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>
-
-
-</body>
-</html>
projects / gigi.git / blobdiff