X-Git-Url: https://code.wpia.club/?p=gigi.git;a=blobdiff_plain;f=static%2Fwww%2Fpolicy%2FCAcertCommunityAgreement.html;fp=static%2Fwww%2Fpolicy%2FCAcertCommunityAgreement.html;h=868d1969ba1c53554534c4622d4e16f2b5dfb099;hp=0000000000000000000000000000000000000000;hb=d690eda36eba121aa79e4f456d5f0eb481be8b86;hpb=474942bce8bf8f8e4d777c93b332bc64fc724824 diff --git a/static/www/policy/CAcertCommunityAgreement.html b/static/www/policy/CAcertCommunityAgreement.html new file mode 100644 index 00000000..868d1969 --- /dev/null +++ b/static/www/policy/CAcertCommunityAgreement.html @@ -0,0 +1,512 @@ + + + +CAcert Community Agreement + + + + + +

0. Introduction

+ +

+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. +

+ +

0.1 Terms

+
  1. + "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. +
  2. + "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"). +
  3. + "Organisation" + is defined under the Organisation Assurance programme, + and generally includes corporations and other entities + that become Members and become Assured. +
  4. + "Community" + means all of the Members + that are registered by this agreement + and other parties by other agreements, + all being under CAcert's Arbitration. +
  5. + "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. +
  6. + "Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"), + another agreement that is offered to persons outside the + Community. +
  7. + "Arbitration" + is the Community's forum for + resolving disputes, or jurisdiction. +
  8. + "Dispute Resolution Policy" ("DRP" => COD7) + is the policy and + rules for resolving disputes. +
  9. + "USE" + means the act by your software + to conduct its tasks, incorporating + the certificates according to software procedures. +
  10. + "RELY" + means your human act in taking on a + risk and liability on the basis of the claim(s) + bound within a certificate. +
  11. + "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. +
  12. + "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. +
  13. + "Root" + means CAcert's top level key, + used for signing certificates for Members. + In this document, the term includes any subroots. +
  14. + "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. +
  15. + "Certification Practice Statement" ("CPS" => COD6) + is the document that controls details + about operational matters within CAcert. +
+ + +

1. Agreement and Licence

+ +

1.1 Agreement

+ +

+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. +

+ + +

1.2 Licence

+ +

+As part of the Community, CAcert offers you these rights: +

+ +
  1. + You may USE any certificates issued by CAcert. +
  2. + You may RELY on any certificate issued by CAcert, + as explained and limited by CPS (COD6). +
  3. + You may OFFER certificates issued to you by CAcert + to Members for their RELIANCE. +
  4. + You may OFFER certificates issued to you by CAcert + to NRPs for their USE, within the general principles + of the Community. +
  5. + This Licence is free of cost, + non-exclusive, and non-transferrable. +
+ +

1.3 Your Contributions

+ + +

+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: +

+ +
  1. + Contributions to controlled documents are subject to + Policy on Policy ("PoP" => COD1) +
  2. + Source code is subject to an open source licence regime. +
+ +

1.4 Privacy

+ + +

+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). +

+ +

2. Your Risks, Liabilities and Obligations

+ +

+As a Member, you have risks, liabilities +and obligations within this agreement. +

+ +

2.1 Risks

+ +
  1. + A certificate may prove unreliable. +
  2. + Your account, keys or other security tools may be + lost or otherwise compromised. +
  3. + You may find yourself subject to Arbitration + (DRP => COD7). +
+ +

2.2 Liabilities

+ +
  1. + You are liable for any penalties + as awarded against you by the Arbitrator. +
  2. + Remedies are as defined in the DRP (COD7). + An Arbitrator's ruling may + include monetary amounts, awarded against you. +
  3. + Your liability is limited to + a total maximum of + 1000 Euros. +
  4. + "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. +
+ +

2.3 Obligations

+ +

+ You are obliged +

+ +
  1. + to provide accurate information + as part of Assurance. + You give permission for verification of the information + using CAcert-approved methods. +
  2. + to make no false representations. +
  3. + to submit all your disputes to Arbitration + (DRP => COD7). +
+ +

2.4 Principles

+ +

+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. +

+ +

2.5 Security

+

+CAcert exists to help you to secure yourself. +You are primarily responsible for your own security. +Your security obligations include +

+ +
  1. + to secure yourself and your computing platform (e.g., PC), +
  2. + to keep your email account in good working order, +
  3. + to secure your CAcert account + (e.g., credentials such as username, password), +
  4. + to secure your private keys, +
  5. + to review certificates for accuracy, + and +
  6. + when in doubt, notify CAcert, +
  7. + when in doubt, take other reasonable actions, such as + revoking certificates, + changing account credentials, + and/or generating new keys. +
+ +

+Where, above, 'secure' means to protect to a reasonable +degree, in proportion with your risks and the risks of +others. +

+ +

3. Law and Jurisdiction

+ +

3.1 Governing Law

+ +

+This agreement is governed under the law of +New South Wales, Australia, +being the home of the CAcert Inc. Association. +

+ +

3.2 Arbitration as Forum of Dispute Resolution

+ +

+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. +

+ +

3.3 Termination

+

+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. +

+ +

3.4 Changes of Agreement

+ +

+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. +

+ +

3.5 Communication

+ +

+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. +

+ +

4. Miscellaneous

+ +

4.1 Other Parties Within the Community

+ +

+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. +

+ + +

4.2 References and Other Binding Documents

+ +

+This agreement is CAcert Official Document 9 (COD9) +and is a controlled document. +

+ +

+You are also bound by +

+ +
  1. + + Certification Practice Statement (CPS => COD6). +
  2. + + Dispute Resolution Policy (DRP => COD7). +
  3. + + Privacy Policy (PP => COD5). +
  4. + + Principles of the Community. +
+ +

+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. +

+ +

4.3 Informative References

+ +

+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. +

+ +

4.4 Not Covered in this Agreement

+ +

+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. +

+ + + +