[Inc-list] list server TOU

[RW Pickle]

Terms of Use for the INC List Server

A "listserve" is a mailing list that allows a certain group of users to
send e-mail messages to members of the group by sending the message to a
single address. The Inter-Neighborhood Council (INC) is providing the
"inc-list" listserve (this "Listserve") for the purpose of community
discussions by members of the INC. The INC wants everyone who participates
in this Listserve to have a safe and enjoyable experience. Therefore, as
with any community, there are guidelines governing behavior that must be
observed for the benefit of all community members. BY JOINING AND/OR USING
THE INC LISTSERVE, YOU AGREE THAT YOU HAVE READ AND WILL FOLLOW THE RULES
AND GUIDELINES SET FORTH IN THESE TERMS OF USE.


 

ACCEPTANCE OF TERMS THROUGH USE

By joining or using this Listserve you signify your agreement to all
terms, conditions, and notices contained or referenced below (the "Terms
of Use" or "TOU"). If you do not agree to the TOU please do not subscribe
to this Listserve, or if you have already subscribed please unsubscribe by
following the process described at the end of this message. If you are
currently subscribed and do not unsubscribe then you will be deemed to
have accepted the TOU and are bound by them even if you do not post any
messages to the Listserve.

The INC reserves the right, at its sole discretion, to update or revise
the TOU at any time. Any such changes shall be sent to all subscribers to
the Listserve by use of the Listserve. Any revisions will become effective
the first date of the following month. If you post on the Listserve after
notice is received or if you fail to unsubscribe the first date of the
month following the month in which the notice is received, then you will
be deemed to have accepted the revised TOU and are bound by them even if
you do not post any messages to the Listserve.

YOU ARE RESPONSIBLE

The goal the INC is to create a forum that is a useful information
environment, which also means a place where behavior that is harmful to
others will not be tolerated. The TOU are designed to help support the
creation of a free, inviting and vibrant place to correspond with others
in the INC community. You are entirely responsible and liable for all
activities conducted when using this Listserve. In order to ensure you
take full responsibility, you are required to register with the Listserve,
indicating your true name and address as well as your email address, to
place your name and email address at the bottom of each message sent, and
to state the topic of the comments in the subject line.


You agree not to do any of the following in any posting on this Listserve:


(1) Falsify your registration information, falsify or omit your name and
email address from any message, provide a false subject matter on the
subject line, or forge headers or otherwise manipulate identifiers in
order to disguise the origin of any email message.


(2) Harass, stalk, embarrass, use abusive language, attempt to intimidate
or intentionally cause distress or discomfort upon another user of the
Listserve.

 

(3) Make any threat of any nature, directly or implied, including but not
limited to threats of litigation or of bodily harm or sexual language of a
violent or threatening nature directed at another individual or group of
individuals.

 

(4) Attack the posting of others. The intent is to stimulate discussion,
not create contention.



(5) Transmit any information, data, text, files, links, software, chat,
communication or other materials that is unlawful, harmful,threatening,
abusive, harassing, defamatory, libelous, vulgar, obscene, hateful,
racially or otherwise objectionable or is deceptive, fraudulent or an
invasive of another's privacy.

 

(6) Use profanity, including by use of symbols for omitted letters.

 

(7) Promote any unlawful activity or encourage conduct that would
constitute a criminal offence



(8) Disrupt the normal flow of messages or otherwise act in a manner that
negatively affects other participants.

 

(9) Violate any applicable local, state, national or international law.

 

(10) Fail to fully comply with all actions required hereunder or refrain
from taking any actions prohibited hereunder.

 

ADDITIONAL AGREEMENTS RELATED TO USE OF THIS LISTSERVE

(1) You may not post any material that is a discussion in any manner of a
political or religious nature, subject to the following specific and
exclusive exceptions:

(a) Postings are permitted as they relate to an issue that impacts
directly and primarily on the INC area, such as issues that relate to the
City, neighborhood security or traffic flow. In clarification of this, it
is NOT permissible to post anything related to the merits or lack thereof
of any particular candidate, political party, bond issue, all-city issue
or religious issue.

(b) Postings are permitted announcing a meeting, rally or fundraiser IF
only a time and place (and if applicable a link) is given; any extraneous
comments on the merits of the activity, candidate or issue are NOT
permitted.

(2) You may not post advertisements, promotional materials, or any other
forms of business solicitation. Subject to the following specific and
exclusive exceptions:

(a) Posting are permitted offering to do work of a non-professional nature
such as babysitting, house sitting, pet walking or yard care (unless you
are an adult running a business for this purpose).

(b) This does not prevent a user from using a signature block which list
the business by which the user is employed if that is the limit of the
information provided.

In the event a user solicits information on providers of services and you
are able to provide such services, you may contact that person ONLY to
discuss products or services you offer; you may not reply to the entire
Listserve membership.

(3) You may post solicitations of products or services ONLY for you, and
not for friends or acquaintances. Remember this is intended for the use of
INC members.

(4) You may not post discussing members who have been sanctioned or
removed from this Listserve or the process or reasons therefore, nor may
you make any postings for such person while under suspension or after
removal from this Listserve.

(5) You may not solicit for charitable organizations. In clarification of
this, you may provide information as to the time, place and cost of
fund-raising events or notify that a fund-raising effort exists together
with contact details to receive further information IF there is no
discussion as to the worthiness of the charity or similar extraneous
commentary.

(6) You may not post solicitations for any type of dating or romantic
activity. There are many other places available for this.

(7) You may not post large files that contain photographs or otherwise
take up considerable computer file space. You may post that such
photographs are available and will be sent to anyone requesting copies on
an individual basis. This list server scrubs all messages that include any
html. So if you post it, it will not appear as a post.

(8) You may not post any content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements) or any copyrighted material for which you are
not the owner of the copyright, including without limitation emails
written by others and not posted by such person on this Listserve and MP3
files. You may post links to copyrighted information.
(9) You may not post any chain letters, pyramid schemes, form of lottery
or gambling or investment opportunities.


(10) You may not harvest or collect information about the users of this
Listserve.

(11) You may not use any email addresses from this Listserve for the
purpose of transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications.
(12) You may not post or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment, or that are designed
or intended to damage or obtain unauthorized access to any data or other
information of any other person.


NETTIQUETTE

All users are encouraged to use the following netiquette:


(1) It is not always necessary to send a reply to the entire list. Please
be careful when hitting the reply button, especially if you do NOT want
your reply to read by the entire list.
(2) If you are responding to posting on the Listserve, consider trimming
some of the original message.
(3) Do not respond unless you have something meaningful to say. A short
"not me," "me too," or "thanks for the information" just clogs up our
members email boxes.
(4) Do not use capitals. IT MEANS YOU ARE SHOUTING.
(5) Warn other list subscribers of lengthy messages either in the subject
line or at the beginning of the message body with a line that says "Long
Message" or "LM".
(6) Do not send administrative messages, such as remove me from the list,
through the Listserve.

 

DISCLAIMER AND LEGAL CONSIDERATIONS

This Listserve is provided as a service of INC. You understand that all
information, data, text, software, music, sound, photographs, graphics,
video, messages or other content are the sole responsibility of the person
from which such content originated. The INC accepts no responsibility for
the opinions and information posted on this Listserve; all messages posted
on the Listserve are the opinion and responsibility of the person posting
the message. The INC does not prescreen, monitor, censor or undertake an
editorial control of any email message prior to transmission to the
Listserve membership.

Users of the Listserve are admonished to consider the following:

(1) Providers of an interactive computer service (such as Internet
Listserves) are protected by federal law from liability for the statements
of their users. However, the authors of the messages are not immune from
legal prosecution.

(2) You are entirely responsible for all content that you post or
otherwise make available via this Listserve. Any defamatory, abusive,
profane, threatening, offensive, or illegal materials are subject to
applicable laws. If you are the author of, or participant in such comments
or conversations, you may be held liable for any consequences.

(3) You agree that you must evaluate, and bear all risks associated with,
the use of any content provided in messages sent via the Listserve,
including any reliance on the accuracy, completeness, or usefulness of
such content. You follow any advice contained therein or obtained as a
result of such messages at your own risk. The INC is not responsible for
any content in any message sent through the Listserve.

(4) Do not post anything that you would not want the world to see or that
you would not want anyone to know came from you. Information posted on the
Listserve is available for all members to see, and comments are subject to
libel, antitrust, and a variety of other laws. They may also be read by
members of the media and reports about them may appear in the local news.

(5) By subscribing to this Listserve it is possible that you will be
exposed to email content that is offensive or objectionable to you that is
posted by other Listserve members.

(6) Any material downloaded or otherwise obtained through the use of this
Listserve is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of data
that results from the download of any such material.

 

LIMITATION ON LIABILITY

Use of this Listserve is at your own risk and your use of it constitutes
an agreement that you will not hold INC, or its officers or directors,
liable for anything said or done on the Listserve. You also agree that if
you do for any reason attempt to take such legal action in contravention
of this agreement, then you will pay all legal fees and expenses of the
persons sued, regardless of the outcome of the litigation.

UNDER NO CIRCUMSTANCES SHALL INC, OR ITS OFFICER OR DIRECTORS, BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH OR WHICH
RESULT FROM THE USE OF, OR INABILITY TO USE THIS LISTSERVE, OR FROM ANY
INFORMATION OR STATEMENTS POSTED ON THIS LISTSERVE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The INC does not maintain the servers or the service through which the
Listserve is operated. The INC does send, receive or store any messages.
No officer, director or representative of the INC associated in any way
with the operation of the Listserve shall have any obligation to store on
his or her person computer any messages sent, and you agree that any such
person may disregard any request or instruction (other than a court order)
to undertake any such actions on your behalf or on the behalf of any other
person.

 

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless the INC and its officers
and directors, from all liabilities, claims and expenses, including
attorney's fees and expenses, that arise you're your use or misuse of this
Listserve, or from the violation or failure to adhere to the terms set
forth herein, or in connection with, the transmission or posting of any
email to the Listserve.

 

DISCIPLINARY ACTION

In the event that the moderator of this Listserve believes that any
subscriber to this Listserve has violated or failed to abide by the TOU
set forth in the sections entitled "You are Responsible" or "Additional
Agreements Related to Use of this Listserve," such person may be
immediately suspended from the Listserve without warning. Such suspension
shall continue until no earlier than the time of the next regular meeting
of the Executive Board of the INC.

Any subscriber who believes another subscriber has violated any of the TOU
and has not been suspended may notify the INC Executive Board of his or
her concern.

At the next regular meeting of the INC, the Executive Board shall
determine whether any suspended user or any user about which the Board has
otherwise been notified did in fact violate or fail to abide by the TOU
set forth in the sections entitled "You are Responsible" or "Additional
Agreements Related to Use of this Listserve." If is it determined that the
user did violate or fail to abide by the terms the following actions shall
be taken:

(1) If it is a first offense by the user of any term other than those
specified in part (2) immediately following, the user shall be given a
warning and upon agreement to abide by the terms in the future shall be
permitted to return to the Listserve.

(2) In the event of a second offence within a twelve month period, a third
offense regardless of the time duration, or a violation of parts (2), (3),
(5), (7) or (9) of "You are Responsible" or parts (11) or (12) of
"Additional Agreements Related to Use of this Listserve" the user shall be
removed from this Listserve.

Any user removed from the Listserve may petition for reinstatement after
twelve months, but the Executive Board shall have sole discretion as to
whether reinstatement is permitted, provided however that no person shall
be reinstated if (a) such person does not reside in Durham as set forth in
the INC bylaws; or (b) such person has threatened to or brought any legal
action against the INC or its officers or directors or as a result of his
or her use of or in any way related to this Listserve; or (c) falsified
any registration information.

 

PROCESS TO UNSUBSCRIBE

If you are currently subscribed to this Listserve and do not wish to abide
by the terms above, you may unsubscribe by sending an email to:


remove-inc-list at DurhamINC.org

You will be removed automatically at that point.

added 1/18/05