This agreement is between you, being a registered member ("Member") within CAcert's community at large ("Community") and CAcert Incorporated ("CAcert"), being an operator of services to the Community.
You agree to the terms and conditions in this agreement. Your agreement is given by but not limited to
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.
As part of the Community, CAcert offers you these rights:
You agree to a non-exclusive non-restrictive non-revokable transfer of Licence to CAcert for your contributions. That is, if you post an idea or comment on a CAcert forum, or email it to other Members, your work can be used freely by the Community for CAcert purposes, including placing under CAcert's licences for wider publication.
You retain authorship rights, and the rights to also transfer non-exclusive rights to other parties. That is, you can still use your ideas and contributions outside the Community.
Note that the following exceptions override this clause:
You give rights to CAcert to store, verify and process and publish your data in accordance with policies in force. These rights include shipping the data to foreign countries for system administration, support and processing purposes. Such shipping will only be done among CAcert Community administrators and Assurers.
As a Member, you have risks, liabilities and obligations within this agreement.
You are obliged
As a Member of CAcert, you are a member of the Community. You are further obliged to work within the spirit of the Principles of the Community. These are described in Principles of the Community.
CAcert exists to help you to secure yourself. You are primarily responsible for your own security. Your security obligations include
Where, above, 'secure' means to protect to a reasonable degree, in proportion with your risks and the risks of others.
This agreement is governed under the law of New South Wales, Australia, being the home of the CAcert Inc. Association.
You agree, with CAcert and all of the Community, that all disputes arising out of or in connection to our use of CAcert services shall be referred to and finally resolved by Arbitration under the rules within the Dispute Resolution Policy of CAcert (DRP => COD7). The rules select a single Arbitrator chosen by CAcert from among senior Members in the Community. The ruling of the Arbitrator is binding and final on Members and CAcert alike.
In general, the jurisdiction for resolution of disputes is within CAcert's own forum of Arbitration, as defined and controlled by its own rules (DRP => COD7).
We use Arbitration for many purposes beyond the strict nature of disputes, such as governance and oversight. A systems administrator may need authorisation to conduct a non-routine action, and Arbitration may provide that authorisation. Thus, you may find yourself party to Arbitration that is simply support actions, and you may file disputes in order to initiate support actions.
The CAcert Community Agreement is terminated
A member may declare the wish to resign from CAcert at any time by writing to support AT cacert.org. This triggers a process for termination of this agreement with the member.
The termination discontinues the right to USE, OFFER and CREATE personal certificates in any account of the former member. Those certificates will be revoked and all services to the former member will be terminated as soon as possible. However, some information will continue to be held for certificate processing purposes.
The provisions on Arbitration for the time of membership survive any termination. Former members are still bound by the DRP (COD7), and the Arbitrator may reinstate any provision of this agreement or bind them to a ruling.
As far as Organisations are concerned details are also defined in the Organisation Assurance Policy (OAP => COD11).
Every member learning about the death of a member or termination of existence of a member should notify support AT cacert.org.
CAcert may from time to time vary the terms of this Agreement. Changes will be done according to the documented CAcert policy for changing policies, and is subject to scrutiny and feedback by the Community. Changes will be notified to you by email to your primary address.
If you do not agree to the changes, you may terminate as above. Continued use of the service shall be deemed to be agreement by you.
You are responsible for keeping your primary email account in good working order and able to receive emails from CAcert.
Notifications to CAcert are to be sent by email to the address support AT cacert.org. You should attach a digital signature
You are also bound by the Policies of the Community under the control of Policy on Policy ("PoP" => COD1) and listed in Controlled Document List.
Controlled documents are primary, and may not be replaced or waived except by formal policy channels and Arbitration.
This agreement is controlled document COD9.
The governing documents are in English. Documents may be translated for convenience. Because we cannot control the legal effect of translations, the English documents are the ruling ones.
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.
Status: POLICY p20141008