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NOMMA ListServ Policy

Policy #45 , Approved by the NOMMA Board of Directors on 6-6-12

 

1. Introduction
1.1. The NOMMA ListServ is an e-mail based discussion list for NOMMA members. While free and open discourse is encouraged, certain policies and rules are required to ensure that our online community remains fair, ethical, friendly, and legal.
1.2. ListServ is an old technology that pre-dates the Internet. The system works by bouncing emails from one person to all other subscribers on the list.
1.3. The ListServ is an outreach of NOMMA to foster networking, communication, and education in the industry. The ListServ fits the goals and objectives of NOMMA’s strategic plan.
1.4. Subscription to the ListServ is entirely voluntary and members are encouraged to subscribe.

2. Antitrust
2.1. Most importantly, subscribers must not put NOMMA at legal risk by violating federal and state anti-trust laws. NOMMA takes a conservative view of the laws by simply saying "do not discuss prices” on the ListServ, although percentages are allowed.
2.1.1. Do not discuss prices you charge or propose to charge your customers.
2.1.2. Do not discuss the price you pay or propose to pay your suppliers, or the terms and conditions under which you buy and sell products.
2.1.3. Do not discuss the hourly wage you pay employees.

3. Code of Ethics
3.1. All members must follow NOMMA’s Code of Ethics on the Listserv. Most importantly:
3.1.1. You will not solicit the services of employees of fellow members or knowingly contribute to their dissatisfaction in their existing employment.
3.1.2. You will not make derogatory statements respecting fellow members pertaining to ability or integrity.

4. Rules
4.1. Do not post any defamatory, abusive, profane, offensive, or illegal materials.
4.2. Do not make unsubstantiated allegations, criticisms, or attacks on fellow members or organizations, including NOMMA.
4.3. Rude comments or personal attacks are forbidden.
4.4. Suppliers are NOMMA members too. It is inappropriate to make disparaging comments about a supplier’s prices, terms, or service.
4.5. Do not post any information or attachments protected by copyright without the permission of the copyright owner.
4.6. Do not post unsolicited commercial messages. However, you can respond to inquiries by others.
4.7. Do stay on topic. The purpose of this list is to discuss topics related to the ornamental and miscellaneous metal fabricating industry, including fabrication, small business issues, and building codes.
4.8. Do not use the list to organize, raise funds, or conduct activities that conflict with NOMMA programs and policies.
4.9. Private messages should not be copied on the list without the permission of the original author.
4.10. Only members in good standing may be subscribed to the list.

5. Best Practices (Netiquette)
5.1. Identify yourself by name and company on every post.
5.2. If starting a new topic, make sure you update the Subject line.
5.3. Person-to-person messages, like "thanks for the information” should be sent privately.
5.4. No foul language. Subscribers should refrain from abusive or derogatory language that might be considered questionable by even the most liberal and open-minded of networkers. If you wouldn’t say it in front of your mother, don’t say it in electronic mail.

6. List Management
6.1. NOMMA protects the privacy of its members and will not give your email to any third party service provider or supplier. The only exception to this rule is NOMMA’s insurance program administrator. All emails are stored in a protected place.
6.2. NOMMA’s ListServ vendor screens all emails for viruses and does an excellent job of stopping them. However, we cannot guarantee that a virus will not be distributed via the ListServ. Subscribers should still screen incoming emails with virus protection software.

7. Due Process
7.1. NOMMA respects the democratic process for handling rule violations:
7.1.1. First Violation: Written warning by the List Owner.
7.1.2. Second Violation: Written warning, plus subscriber will be placed on Review for 90 days, meaning posts are subject to review before posting.
7.1.3. Third Violation: Subscriber will be set to NOPOST for 90 days.
7.1.4. Fourth Violation: Removal from the list.
7.1.5. Appeal Process: A NOMMA member may appeal the decision of the List Owner by submitting a letter (email or print) to the NOMMA board.
7.2. NOMMA reserves the right to remove for any reason posted materials from the archives.

8. Troubleshooting
8.1. The number one technical support issue is that members post from emails that are different than the one you subscribed under. If you do this, the ListServ has no way to know who you are.
8.2. Attachments are allowed but limited to 1 MB in size.

9. Disclaimers
9.1. The National Ornamental & Miscellaneous Metals Association (NOMMA) accepts no responsibility for the opinions and information posted on this site by others. NOMMA disclaims all warranties with regard to information posted on this site, whether by NOMMA or any third party; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall NOMMA be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with the use or performance of any information posted on this site.
9.2. Lists are maintained and operated solely for the educational and nonprofit purposes of NOMMA. Your participation in a List is at your own risk. The posted materials could include misinformation, technical inaccuracies or other errors. They are provided to you "as is" without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. NOMMA does not warrant that the functioning of a List will be uninterrupted or error-free, that defects will be corrected, or that a List or the server that makes it available are free of viruses or other harmful components. NOMMA does not warrant or make any representations regarding the use or the results of the use of the materials on a List in terms of their correctness, accuracy, reliability, or otherwise. You (and not NOMMA) assume the entire cost of all necessary costs of correcting any malfunctions or errors to your project.
9.3. These terms shall be governed by and construed according to the laws of the state of Georgia, as they are applied to agreements entered into and to be performed entirely within Georgia. Any claim or cause of action arising out of or relating to these terms shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in Georgia, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
9.4. Information and opinions expressed on the list are not necessarily those of NOMMA.
9.5. Outside links – NOMMA cannot review links that may be embedded in the list posting and is not responsible for the privacy practices or the content of any linked materials, whether or not they are affiliated with NOMMA.
9.6. Archives - List Archives contain email messages that were generated and posted by individual List participants, as well as some official postings from NOMMA. The Archive is provided as a courtesy for the convenience of the List participants. The information and opinions expressed in these messages (the "posted content") are those of the sender, and are not necessarily approved or endorsed by NOMMA. It is the sole responsibility of the sender to ensure that the posted content is accurate and does not infringe or violate the intellectual property rights or other rights of third parties. NOMMA does not screen the posted content for such violations and makes no representations or warranties of any kind regarding the posted content.

10. Indemnification
10.1. By posting any content on a List, you automatically agree to indemnify NOMMA, all other List participants, and any other person or entity affiliated with the List, from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of these posting restrictions.
 

 

 

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