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Terms of Use

from MovingOn Admin - Thursday, March 29, 2007
accessed 1249 times

In one week from now (April 5, 2007), use of this web site will be subject to a terms of use agreement. As liability for the content of this web site rests with the owner, the guidelines below are to ensure that there is no illegal use of this site which would unfairly put the owner, administrators, editors and/or any participant at risk. Comments and questions are welcome.

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From Admin 12-03-2008 - The TOU was modified from the below initial first draft and after many hours of work between the admins and Oddman, who volunteered to help write this, the current version was published here. http://www.movingon.org/terms.asp

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Terms of Use


By logging in and/or registering on this web site you agree to abide by the following guidelines and terms of use. Material that violates this agreement will be deleted and users who repeatedly (three or more times) violate these terms of use may be blocked from this web site. If you believe any content posted here to be in violation of these guidelines, please inform an administrator at admin@movingon.org

1. Invasion of Privacy

Each participant has the right to anonymity and privacy. Please do not post personally identifiable information regarding another user, their family or yourself on this website. Personally identifiable information that will be removed is defined as:

*The full name of another participant. If you must post your own full name, please do so with caution.
*Address (city, town, street and/or house) or phone number of another user or yourself.
*The full names of the parents or the family members of another user or yourself.
*Medical history or medical information regarding any another identifiable person. If you post medical information about yourself, please do so with caution, especially if you have used your full name on the web site.
*Financial information (credit card, bank account number, etc.) of another user or yourself.
*Personal details that would associate another user’s site nick name with their real life identity.

2. Real Life Interactions with Participants

While MovingOn is not responsible for interactions between participants that do not occur on the web site, we recognise that participants may meet up and form friendships in real life. As with any new friendship, we do suggest caution in such meetings. The fact that someone shares a similar background does not necessarily make them safe or trustworthy.

If there is a personal matter or disagreement that occurred offline and is not related to being born and/or raised in The Family, please do not use this web site as a forum for feuding. Please do not post personal emails from other participants or reveal private details about another participant. Such content will be removed.

3. Harassment, Cyber-Stalking and Threats

Harassment on this web site is defined as:

*Consistent provocation or flaming of one user by another one.
*Continually posting negative or derogatory responses to a specific user regardless of the content of their posts or opinion.
*Consistently disclosing personal information about another user.

This type of interaction is not permitted on this web site and users who persist in this may be blocked.

Closely related to harassment is stalking. Stalking has been described as “a form of mental assault, in which the perpetrator repeatedly, unwantedly, and disruptively breaks into the life-world of the victim, with whom he[/she] has no relationship (or no longer has)....Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect)." [1]

Cyber-stalking is much the same, but takes place through emails and in web site forums. It has been defined as: “threatening behaviour or unwanted advances directed at another using the Internet and other forms of online and computer communications”[2].This behaviour is illegal in many places and the administrators will take action to protect participants from such intimidation on this web site.

Please do not threaten other participants on this web site. Please be aware that definite threats of violence against a specific person will be reported to the police by the administrators.

4. Defamation

While all opinions are welcome, please refrain from making untrue statements of fact about other people. Opinion, second and third hand accounts and hearsay should be clearly identified as such. While we do not arbitrate disputes between participants, we do not wish to see harm come to anyone through defamation and we take complaints of this sort seriously.

If you believe something on this web site to be libellous or harmful to you, please contact the administrators immediately and inform them of your concerns. Please note that in order to be investigated the content must be both untrue and posted as a statement of fact, not just an opinion. If you believe content on here regarding you to meet this definition, please specify the content in an email to the administrators and it will be promptly investigated.

In regards to first hand statements from victims of childhood abuse, MovingOn fully supports survivors in both naming their abusers and detailing the abuse. We will both protect the survivor’s anonymity if they so choose and will stand behind their right to tell their own life experience.

5. Explicit Content and Inappropriate Images

In light of the circumstances and childhood experiences of some participants, some discussions may contain material of an explicit nature. In light of this, please exercise caution when accessing this web site around minors.

Please refrain from posting pornographic images or content. Pornography is determined by the administrators and will be immediately deleted.

6. Copyright Infringements

Please do not post copyrighted material on this web site. If material posted on this web site violates a copyright, the copyright holder should clearly identify themselves through email to an administrator with the proof of copyright and the content will be promptly removed.

7. Trademark Infringement

If you believe that content on this web site infringes on any trademark, please contact the administrators with the following documentation:

*That you have a protectable right to a certain trademark.
*That there is a confusingly similar mark posted in such a way that it creates a likelihood of confusion, mistake and/or deception with the consuming public

Complaints will be promptly investigated and material that meets these criteria will be removed.

The above terms are subject to changes without notice.


References:


1. Royakkers, 3 Cal. Crim. L. Rev. 2 (Oct. 2000) http://www.boalt.org/bjcl/v3/v3royakkers.htm

2. The National Center for Victims of Crime. Cyber-Stalking http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32458

Reader's comments on this article

Add a new comment on this article

from Jules
Wednesday, April 04, 2007 - 16:18

(Agree/Disagree?)

Just an update that we will give this another week, so the TOU will now go into effect on April 12, 2007.

Thanks.
(reply to this comment)

From Jules
Thursday, April 12, 2007, 20:57

(Agree/Disagree?)
It's 11:54 my time and we're still not done with this. Not to be all IT department but I'm pushing this back again to April 16. (reply to this comment
From Ne Oublie
Thursday, April 12, 2007, 23:44

(Agree/Disagree?)
I think that in the interests of improved efficiency you need to submit a revised project plan, clearly outlining ownership of each part of the project, as well as the key deliverables and milestones.(reply to this comment
From Jules
Friday, April 13, 2007, 00:38

(Agree/Disagree?)
Absolutely--as soon as I get a budget from the client(s). (reply to this comment
From Ne Oublie
Friday, April 13, 2007, 02:12

(Agree/Disagree?)
Do you really think any client is going to approve budget without first inspecting the project plan?(reply to this comment
From Jules
Friday, April 13, 2007, 03:05

(Agree/Disagree?)

Not to be all Anna Nicole (may she rest in peace) but do you really think any project plan will be forthcoming without knowing there will be some sort of expenditure estimate?

Project Managers need salaries too. (reply to this comment

From Nick
Friday, April 13, 2007, 13:39

(Agree/Disagree?)
Poor poor Anna Nicole. She wont be able to rest in peace for a while.

My friend does hair at the club that used to dance at here in Houston so I was at the club when they had a min of silence for her and a champagne toast in her honor. I was surprised at how many older X entertainers came by and actually knew her. No one had anything bad to say about her... Just very fond memories.

Such a tragedy.
(reply to this comment
From Ne Oublie
Friday, April 13, 2007, 05:55

(Agree/Disagree?)

Don't I know Project Managers need salaries! Although, I figure they also need a proper job, while they're at it, but that's beside the point... speaking of which, where does Anna Nicole feature in all this - must be an Americas thing?


Anyhow, way too typical of a PM to expect budget before the plan - all sorts of metaphors spring to mind... a tamer one involving a horse and cart...(reply to this comment

from Odd
Thursday, March 29, 2007 - 11:26

Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5(Agree/Disagree?)
What is the guideline when clause 1. (The full names of the parents or the family members of another user or yourself.) conflicts with clause 4. (In regards to first hand statements from victims of childhood abuse, MovingOn fully supports survivors in both naming their abusers and detailing the abuse.)

Being a rather small organization with a global population of no more than 20,000 odd members, it is very likely that outing a TF predator will be outing somebody elses parents. I think clause 1 should not apply to any instances where one is stating as fact, ones personal history as a victim, or stating as fact, history viewed first hand.

In the interests of every father, mother, babysitter, teacher, any person who may benefit from knowing the names and faces of child abusers, I support the freedom to announce publicly, the legal name, known traits, age, gender, and possible locations of any person who carries a history of child abuse. If they are confident that no such occurence took place and they are purely being slandered, they should come out from the woodpile and confront those alleging abuse. Duke it out in court. As long as they want to change names and hide in third world countries, they don't deserve privacy, and the public deserves to know. Granted, the children of the outed FGs may not be too happy about it, but issues regarding abuse is between perpetrator and victim alone. No matter how wonderful a parent he/she may have been or continue to be, to a victim, an abuser is an abuser is an abuser.
(reply to this comment)
From Jules
Thursday, March 29, 2007, 11:50

Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5(Agree/Disagree?)

I agree completely. Clause 1 was meant to refer to debates here and to prevent people from bringing family members or parents into personal disagreements in a way that would cause harm. We'll think about how to reword this.

This TOU statement has been a long time coming, but is also somewhat because for the first time in six years I was verbally threatened with a lawsuit. There is no merit to the claims and I am ignoring them, but it got me thinking. While I am quite willing to fight and defend principles I believe in with my last breath, (our rights to name abusers, to stand against abuse, to speak our own truths, to say what we know) I am not willing to put myself in harm's way for personal feuds or illegal activities.

Freedom of speech does have limitations and since I accept sole liability for whatever is written here, I think it is reasonable to ask for some consideration. (reply to this comment

From Oddman
Saturday, March 31, 2007, 06:02

(Agree/Disagree?)
Jules, I have some experience drafting contracts, SLAs, and terms and conditions. My experience has been solely with commercial agreements, so I don't know what clauses may not be applicable to a non-profit website. But I'd be happy to spend a few hours drafting something you could edit and run past someone with legal knowledge. (Seems to be an abundance of law students on this site. Ones that know more than me, them buggers.) Don't get me wrong, I think this one is great, but there's just a few things I thought should be added or reworded for the sake of clarity.

Respectfully, (reply to this comment
From Jules
Saturday, March 31, 2007, 10:22

(Agree/Disagree?)
Sure Oddie, that would be terrific. Thanks so much for the offer. You could email me the draft. (reply to this comment
From Oddman
Sunday, April 01, 2007, 14:34

(Agree/Disagree?)

Will do. Seeing that I'm quite inebriated at the moment, I'll get that done tomorrow. Admin@movingon.org is it?(reply to this comment

From Oddman
Monday, April 02, 2007, 21:12

(Agree/Disagree?)
I've emailed a draft to admin@movingon.org for lack of another addy. Hope that was alright. And I apologize in advance for it being rather long compared to yours.(reply to this comment
From cheeks
Thursday, March 29, 2007, 11:48

Average visitor agreement is 3 out of 5Average visitor agreement is 3 out of 5Average visitor agreement is 3 out of 5Average visitor agreement is 3 out of 5Average visitor agreement is 3 out of 5(Agree/Disagree?)

I agree I think the Lonnie Davis story is a perfect example of this. For all I know his kids may be here already but he still should be named.

(reply to this comment

From Jules
Thursday, March 29, 2007, 12:06

Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5Average visitor agreement is 5 out of 5(Agree/Disagree?)
I agree. I named him on here. (reply to this comment

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