Online Discussion Forums
In order to keep its online discussion forums professional, valuable, and useful for all subscribers, NAMIC has established policies and procedures as follows:
Please respect other subscribers of the online discussion forum. Subscribers should feel free to express themselves, but will not do anything to injure or harm other individuals, organizations, or corporations. Subscribers are expected to exercise both common sense and courtesy in the messages they transmit over the online discussion forum. Please do not use the online discussion forum to defame or disparage a member of NAMIC or any other person. Defamatory, harassing, sexist, racist, obscene, and other offensive communications are not acceptable forms of communication over the online discussion forum. Such communication could lead to legal liability for those engaging in such conduct. Attack ideas, not people. Please do not challenge or attack the opinions or information of others by "flaming". Differing opinions should be expressed in a professional manner. Please maintain a civil tone on this online discussion forum at all times.
Do not misrepresent yourself, or in any other way conceal your identity, or post anonymous messages on the online discussion forum.
Do not alter the content or source of a message that has originated from another person's computer with the intent to deceive.
Do not use any NAMIC online discussion forum for conducting private business or commercial activity without the expressed or written permission of NAMIC. Commercial activities include, but are not limited to, promotional announcements, product-related press releases, or advertising. Should such messages appear in the online discussion forum, NAMIC will not be held liable either directly or indirectly for damages that result from the use of this information. Such messages should immediately be brought to the attention of NAMIC.
Do not use the online discussion forum for anything that might be illegal, including illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer forums, software infringement, trafficking in credit card codes, identity theft or other crimes.
Do not use the online discussion forum to communicate with competitors about prices, terms of service or otherwise communicate in a way that may violate the antitrust laws. Online discussion forum communications constitute an ongoing "meeting" of participants; such meetings may involve competitors. The same rules against illegal agreements in restraint of trade that apply at members' meetings also apply to online discussion forum communications. In fact, since online discussion forum communications may be downloaded without the knowledge of the sender(s), users should be both fully informed about the rules of antitrust law regarding communication and agreements among competitors, and act on the online discussion forum in strict conformity with those rules. See NAMIC's Anti-Trust Policy for more information.
Messages posted to a list should be appropriate for that list's readership. Please do not engage in discussions on whether a topic is appropriate or inappropriate for a list. Such discussions take up valuable space on the online discussion forum, and distract subscribers away from more meaningful discussions. If inappropriate postings or violations of the online discussion forum are noticed, subscribers should not inform the entire group, but should bring this information to the attention of the online discussion forum administrator (firstname.lastname@example.org).
Do not upload or distribute files subject to trademark, copyright, or other proprietary rights except with the express consent of the owner of the rights. (Note that material may be copyrighted even if no copyright notice or "©" symbol appears).
Do not send or propagate messages that contain computer worms, viruses, or components that threaten to interfere with or compromise the integrity of our computer systems, networks or websites. Respect the security and privacy of the website.
Use descriptive headings for all messages posted to the online discussion forum. At the end of messages, please attach a standard identifier for yourself, including affiliation and appropriate contact numbers (phone, fax, e-mail addresses). The identifier may simply be a few lines. Please do not include drawings, pictures, maps, graphics, etc. in the identifier lines since these materials may not be compatible on all systems.
When replying to messages, do not reply to the entire list if a reply is directed at a single individual. Replying to the individual may be more appropriate. Replies of a personal nature should not be sent to the group. The online discussion forum may not be used to violate any rules of membership in NAMIC, NAMIC bylaws, rules and regulations or standards of NAMIC. NAMIC reserves the right to modify or change the rules as it determines from time-to-time in the best interests of its members.
Monitoring and Enforcement
This online discussion must be used for business purposes only and in accordance with NAMIC's policies and procedures. The online discussion forum is subject to periodic audit and monitoring by NAMIC staff members for business and security purposes. NAMIC may remove members from the online discussion forum for violating this agreement. Such violations may also result in termination of NAMIC membership. However, no subscriber or participant is entitled to rely on the periodic auditing and monitoring of this forum by NAMIC staff as a defense to any violation or failure to abide by these Policies and Procedures, or as an intervening cause in any liability for which a participant may become liable as a result of the use of this forum.
Limitation of Liability and Indemnity
NAMIC will not be liable for damages incurred through use of a NAMIC online discussion forum. As a condition of participation in the online discussion forum, participants must agree as follows:
NAMIC will not be responsible for any indirect, consequential, special or punitive damages or losses you may incur in connection with our online discussion forum or any of the data or other materials transmitted through or residing on our online discussion forum, even if NAMIC has been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify NAMIC, its officers, directors, employees, and agents and hold NAMIC, its officers, directors, employees, and agents, harmless from and against any and all claims, proceedings damages, injuries, liabilities, losses, costs and expenses (including attorney's fees) relating to any acts or omissions by you or materials or information transmitted by you in connection with our online discussion forum, leading wholly or partially to claims against NAMIC, its officers, directors, employees, or agents or our online discussion forum by other users or third parties.
Choice of Law
NAMIC online discussion forums can be reached by subscribers from all fifty states and around the world. However, the laws of the State of Indiana in the United States of America will apply to all matters relating to this Agreement and to NAMIC Online discussion forums. In addition, users must agree and consent that if there is ever any legal action against NAMIC, the state and federal courts of Marion County, Indiana, USA, will have exclusive jurisdiction and be the exclusive venue for any such legal actions.
This agreement is the entire understanding between online discussion forum subscribers and NAMIC regarding any NAMIC-operated online discussion forum. If a subscriber or NAMIC fails to notify the other of any violations of this agreement, this will not mean that a subscriber or NAMIC cannot notify the other of future violations of any part of this agreement.