Forest Hills Neighborhood Association, Durham, North Carolina
This is a listserve for residents of Forest Hills, Durham, NC.
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 Forest Hills Neighborhood Association, Inc. (FHNA) is providing the "email list" listserve (this "Listserve") for the purpose of community discussions by members of the
FHNA or those who live in the Forest Hills neighborhood. The FHNA 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 FOREST HILLS NEIGHBORHOOD ASSOCIATION LISTSERVE, YOU AGREE THAT YOU HAVE READ AND WILL FOLLOW THE RULES AND GUIDELINES SET FORTH IN THIS MESSAGE.
ACCEPTANCE OF TERMS THROUGH USE
FHNA 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 by 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 FHNA Board is to create a forum that is a useful and fun 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 chat with others in the Forest Hills 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 1) to register
with the Listserve, indicating your true name as well as your email address; and 2) 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:
- 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.
- Harass, stalk, embarrass, use abusive language, or attempt to intimidate or intentionally cause distress or discomfort upon another user of the Listserve.
- 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.
- Attack the posting of others. The intent is to stimulate discussion, not create contention.
- 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.
- Use profanity, including by use of symbols for omitted letters.
- Promote any unlawful activity or encourage conduct that would constitute a criminal offense.
- Disrupt the normal flow of messages or otherwise act in a manner that negatively affects other participants.
- Violate any applicable local, state, national or international law.
- 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
- 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:
- Postings are permitted as they relate to an issue that impacts directly and primarily on the Forest Hills area, such as issues that relate to the Forest Hills park, 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.
- 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.
- You may not post advertisements, promotional materials, or any other forms of business solicitation. Subject to the following specific and exclusive exceptions:
- 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).
- 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, or recommend such services you may use listserv to communicate such information.
- 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 FHNA members.
- 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.
- 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.
- You may not post solicitations for any type of dating or romantic activity. There are many other places available for this.
- 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.
- 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.
- You may not post any chain letters, pyramid schemes, form of lottery or gambling or investment opportunities.
- You may not harvest or collect information about the users of this Listserve.
- 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.
- 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.
All users are encouraged to use the following netiquette:
- It is not always necessary to send a reply to the entire list. Please be careful when hitting the reply button (or reply all button), especially if you do NOT want your reply to read by the entire list.
- If you are responding to posting on the Listserve, consider trimming some of the original message.
- Do not respond unless you have something meaningful to say. A short "not me," "me too," or "thanks for the information" just clogs up in boxes.
- Do not use capitals. IT MEANS YOU ARE SHOUTING.
- 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."
- 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 FHNA. 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. FHNA 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. FHNA does not prescreen, monitor, censor, or undertake an editorial control of any email message prior to transmission to the Listserve membership except where a member of the list is under moderation; and then it only amounts to rejection or acceptance of the message.
Users of the Listserve are admonished to consider the following:
- 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.
- 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.
- 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 FHNA is not responsible for any content in any message sent through the Listserve.
- 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 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.
- 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.
- 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 FHNA, 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 FHNA, 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 LISTSERV,
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 FHNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
FHNA does not maintain the servers or the service through which the Listserve is operated. FHNA does send, receive or store any messages. No officer, director or representative of FHNA associated in any way with the operation of the Listserve shall have any obligation to store on his or her personal 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.
You agree to defend, indemnify and hold harmless FHNA and its officers and directors, from all liabilities, claims and expenses, including attorney's fees and expenses, that arise from 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.
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. Suspension, at the moderator’s discretion, can result in members messages requiring pre-approval or the member not being allowed to post any messages. Moderators can delete messages that don’t follow rules set in this document.
Such action shall continue until no earlier than the time of the next regular meeting of the Board of Directors of FHNA.
Any subscriber who believes another subscriber has violated any of the TOU and has not been suspended may notify the FHNA Board of his or her concern.
At the next regular meeting of the Board of Directors of the FHNA, the 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:
- 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.
- In the event of a second offense 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 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 the Forest Hills neighborhood as set forth in the FHNA bylaws; or (b) such person has threatened to or brought any legal action against the FHNA 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 the FHNA listserve and do not wish to abide by the terms above, you may unsubscribe by going to following address and providing requested information:
DEFINITION OF FOREST HILLS NEIGHBORHOOD FROM FHNA BYLAWS
The Forest Hills Neighborhood is defined in the bylaws of the FHNA
as "that area in Durham, North Carolina defined as follows: Beginning at the intersection of Lakewood Avenue and Kent Street, eastward on Lakewood Avenue to Fairview, southward on Fairview to Bivens Street, eastward on Bivens Street to Hermitage Court (including both sides of Bivens), north on Arnette to Wells Street, including both sides of Arnette, along the northeast arc of Hermitage Court to Hermitage Drive (including both sides of Hermitage Court), northward on Hermitage Drive to University Drive (including both sides of Hermitage Drive), northward on University Drive
(and including Forest Hills Plaza) to East Forest Hills Boulevard, eastward on East Forest Hills Boulevard to West
Enterprise Street (including both sides of East Forest Hills Boulevard), eastward on West Enterprise Street to the
Southern Railroad tracks (including both sides of West Enterprise Street), southward on the railroad tracks to Roxboro Street, southwest on Roxboro Street to Summit Street, northward to Summit Street to Stuart Drive, westward on Stuart Drive to Shoreham Street, northward on Shoreham Street to University Drive, eastward on
University Drive to Kent Street, and northward on Kent Street to Lakewood Avenue.”