MODERATOR POST 7-1-09: Lefora/ATZ Terms of Use (TOU)

       We've waited far too long to post this, thinking that our members could accept a simplified (and non-technical) version of our Terms of Use (or, if you prefer, Terms of Service) at ATZ. It has obviously not worked, as we have been slammed here and on other sites by some of our former members as "Nazis" and other derogatory and hateful terms for our attempts to maintain order and civility here.
        Before any of you go any further, I'd appreciate it if you would click on this link: www.lefora.com/tou ... read it all the way through, lengthy though it is. Please. Finished? Good. What you just read is hereby incorporated by reference into the simple rules we've tried to follow so far. It always has been, actually, but we never thought we'd have to hold the hands of some of our members and former members and walk them through it.
        We also never anticipated the level of hatred that has been aimed at us for following that TOU. But we are bound, as a Lefora-run site, to comply with each and every one of those Terms of Use restrictions, and we have insisted - and will continue to insist - that our members also respect them.
        It's not that difficult, really, and most of you who have at least halfway sense can understand them. But since some of you here and on other sites that use us as a punching bag apparently don't understand, the following will be a SELECTIVE education on the restrictions we operate under and, by extension, you operate under. (It is interesting to note that when all of you signed up, you certified that you had read and understood these TOU requirements. Apparently, in some cases, you did not.)
        Let's go through a few of the requirements (and condense a few of them) here. Again, everybody should READ THE ENTIRE DOCUMENT BY CLICKING THE LINK ABOVE, but for those who don't want to do that, be advised that NOT reading it in no way relieves you from your responsibility as a Lefora member to comply.
        The initial sections of Lefora's TOU deal with Lefora's rights to protect their software and their corporate intellectual property, the fact that by just being a Lefora member you understand and accept their TOU, the limitations of your use of the site subject to that TOU, fair use of Lefora materials and images/graphics/etc.
        Then it deals with accounts, including restrictions against using screen names that impersonate or leave a false impression (in other words, somebody using, say, someone who is not Eddie Moore using screen name "EddieMoore" to sign up on ATZ), responsibility for maintaining the confidentiality and security of your password (your responsibility, not ours), PROVIDE TRUE AND COMPLETE INFORMATION when prompted to do so during the signup process (as far as e-mail information), and Lefora (and ATZ's) right to terminate your account for providing false information. That information (other than the e-mail address, which is visible to ATZ moderators when you first sign up here) is maintained by Lefora, not ATZ, for those who have wondered about that.
        And then, we get to "CONTENT AND CONDUCT RULES AND OBLIGATIONS" - which is the real subject of this lengthy post.
        After informing members that THEY, not LEFORA and not the WEBSITE itself, are responsible for what they post, that content that is objectionable or in violation of TOU may be (but is not required to be) preserved even if it is deleted (which, again, we CAN do but are not required by any law to do) in case it is asked for in a court of law, and that if you get sued for what you post, Lefora (and, again by extension, ATZ) will not hesitate to throw you under the bus in the face of a duly-authorized legal document, we get into actual BEHAVIOR on Lefora forums.
        There are items listed from "A" to "Z" on the list, but I want to selectively point out a few of them where we have had ongoing problems on ATZ and have been unable to convince some of our members that our simplistic "keep it clean, keep it civil, avoid personal attacks and don't post personal information of another member" actually means what it says.
        Contrary to popular belief here, almost every ban on an ATZ poster in the past has been because of one or more violations of the following rules - not, as has been said, because the poster had an opinion counter to any of the moderators or administrators of the site.
        I'll quote the lead-in: "Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Lefora's sole discretion as to what action should be taken. You agree that you will not:

        (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

        Please read that one carefully. It is one of our two biggest problems here.
        Let's skip to item "c" (all items are important, but I'm summarizing here.)

        (c) impersonate any person or entity, including, but not limited to, a Lefora official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

        Did everybody catch that? Good. Let's move on to Item "k":

        (k) "stalk" or otherwise harass another.

        Note that doesn't say "another member." It just says "another." It means you cannot use ATZ or ANY OTHER LEFORA FORUM to harass ANYBODY. Period. That doesn't mean you can't aggressively discuss politics or attack a PUBLIC FIGURE repeatedly for any of his actions of beliefs with which you disagree. But repeating unfounded allegations, or delving into the non-public actions of said public official purely for the purpose of harassing him or her, is a no-no. I would request that NEITHER SIDE OF THE ANDERSON POLITICAL DEBATE BE TOO SMUG OR CLAIM VICTORY ON THAT ONE. BOTH SIDES ARE GUILTY, and we will continue to try and rein in actions that go beyond civil debate and into the realm of "harassment."
        On to Item "r":
 
        (r) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information.

        No need to elaborate on that one, especially to our members who have visited one of our sister Lefora sites that is built almost totally around that practice. Check it out. You'll see clearly what this one pertains to and why it's a TOU violation.
        The remaining paragraphs of this section deal with Lefora's software rights and the illegal and improper use of areas of the Lefora platform to which you are not authorized to access. The remaining section of TOU deal with copyright, additional software protections for Lefora and other issues you should read. We won't rehash them in this post, but, again, please read the entire document if  you haven't already.
        I apologize for this lengthy post so early in the morning, but it needs to be said. Lefora will enforce its TOU rules, and ATZ will continue to do anything and everything necessary to help them in those efforts.
        FURTHERMORE, ATZ administrators and moderators will not be swayed by those who consistently and deliberately violate TOU rules in an effort to intimidate our members for purely political purposes. That is not a statement of "victimhood" as somebody recently claimed. It is a statement of fact. We will take whatever actions we need to take here, whenever we need to take them. Those things we cannot do, Lefora or the legal system will.
        None of the requirements of TOU put in place by Lefora and ATZ should in any way inhibit civil - even heated - discussion of local politics and other local issues. Those who cannot discuss those issues in a civil manner, without hostility and without harassing others, probably need to find another outlet for their rants.
        We remain firm believers in the concept of free speech, but free speech always carries with it a certain amount of responsibility. Now you know what that responsibility it as it relates to this forum.
        Let me repeat something I've said before on this forum: We really do want to get to a point where nobody has to be banned or scolded for lack of civility or other violations and where the administrators don't cringe at every new application for membership because of the possibility it may be a reincarnation of one of those who has already been banned from this site for TOU violations.
        Sadly, that point seems to be a long way off at the moment. While we would be more than willing to welcome back any banned member who agrees to follow TOU rules, most of them apparently are totally incapable of doing so.
        To those who continue to post here, in compliance with the rules and regulations that have been in place all along, we appreciate each and every one of you. To those who do not feel they can follow TOU, we also express appreciation for your past contributions and will miss you. But, as the cliche goes, it is what it is.
        The integrity of this site and of Lefora will be vigorously defended at all times. We may occasionally drop a 2,000-pounder when a 500-pounder would have done the trick nicely. And we may make mistakes along the way. But no matter how many taunts and insults our detractors throw at us, among those mistakes WILL NOT BE an underreaction to a threat to ATZ and its members or to Lefora - which, by the way, has access to much bigger cyberweapons than we have if they need to use them. (Was that thunder I just heard?)
        The harassment OF this site and its members will be ended, one way or another, and the harassment on this site BY our members will be ended by the moderator team and the administrators. That doesn't mean you can't get into a heated discussion, even show a bit of hostility. But in a good debate, it's the opinions that are attacked - not the individuals expressing those opinions. We all understand how tough it is to separate the two sometimes, but humor me here and try it for a change.
         No one should be afraid to post here for fear of becoming a target for any hate-filled person or group (and we have them on both sides of the local issues) who hasn't a clue about civility and fair public debate. Sadly, many ARE afraid to post here. We can't fight all of your battles for you, but we'll help any way we can.
         And, to the extent that we can, we intend to lessen that fear by using the rules everybody agreed to follow when they signed up - and we care little about what our critics think about how we do that. There are rules, and laws, to protect our members from those who would intimidate them for their opinions and political activities.
        Use those rules and laws to defend your rights.
        There are those who would like nothing better than to shut this site down or to intimidate its members to the point that only one side of the debate remains. They should know, about right now actually, that those of us who have been harassed and stalked - and this forum itself - will not go down without a fight and that we aren't as defenseless as they apparently think we are.
        And that's not defending one side or the other of the local debate. As a group, and as a forum, we do not take sides (although as individuals all five moderators obviously have their own opinions and are perfectly within their rights to state those opinions.)
        It's simply defending the forum itself and its members who are willing to follow the rules against all who do not and cannot follow those rules and would destroy us if given the chance. 
        Thanks for reading this, and happy posting. And, for cryin' out loud, PLEASE don't quote this entire post below here just to make a comment on it. Reading it once should be enough (maybe more than enough) for most of our members. It reallly doesn't need to be repeated to be interpreted, and there really is nothing but space between the lines.
 
 - JDTippett/ATZ Moderator Team