FBA Listserv and Social Media Guidelines

FBA Listserv and Social Media Guidelines

Adopted 9.28.10

By subscribing to any of the Fairfax Bar Association’s Listservs, or Social Media Outlets (Facebook, Twitter, or LinkedIn) users agree to the terms and conditions contained in these guidelines. These guidelines may be modified from time to time and such modifications shall be effective upon their posting to the listserv or social media site.

• Listservs/social media sites shall not be used to advertise products or services unless such product or service is specifically sponsored by the FBA, a FBA Section/Committee or otherwise approved by the FBA Board.

• Messages posted to a listserv/social media siteshould be limited to the issues and business of the FBA . Do not make postings that are off-topic from the listserv’s/social media's focus area. If another person posts a comment or question that is off the subject, do NOT reply.

• Do not send inflammatory messages or messages containing personal invective. No profanity, vulgarity, or derogatory, defamatory, abusive, threatening, offensive, or illegal remarks are appropriate.

• Antitrust: Do not post queries or information, and refrain from any discussion which may provide the basis for an inference that the members agreed to take action relating to prices, production, allocation of markets, or any other matter having a market effect. Examples of topics which should not be discussed include current or future billing rates, fees, disbursement charges or other items which would be construed as “price”, fair profit, billing rate, or wage level, current billing or fee procedures, imposition of credit terms. Do not post regarding refusing to deal with anyone because of his/her pricing or fees. Such discussions are strictly prohibited and the FBA is not responsible for any such discussions.

• Be Aware. There is no organization too small or too localized to escape the possibility of a civil or criminal antitrust suit, and the penalties for violating federal or state antitrust laws are severe. The government’s attitude toward professional associations requires professional association members, as well as professional associations themselves, to at all times conduct their business openly and avoid any semblance of activity which might lead to the belief that the association members had agreed, even informally, to something that could have an effect on prices, fees or competition.
  
• Violating antitrust regulations, selling, or marketing are not permissible. Please take a moment to acquaint yourself with the guidelines listed below. The FBA reserves the right to suspend or terminate membership on all lists/social media site for members who violate these rules. The discussions on the lists/social media sites are meant to stimulate conversation not to create contention. Do not challenge or attack others. Let others have their say, just as you may.

• Use caution when discussing products. Information posted on the lists is available for all to see, and comments are subject to libel, slander, and antitrust laws. Do not post any information or other material protected by copyright without the permission of the copyright owner. Messages should not be posted if they encourage or facilitate members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or supplies; or potential violation of current antitrust laws. Members who violate these rules are subject to removal from the list.

• Do not post commercial messages including, but not limited to, messages offering or seeking any kind of business relationship, soliciting contributions or soliciting membership or subscription to any resource not offered by the FBA. Further, the posting of materials, such as newsletters and related content, generated by a law firm, company or other for-profit entity is strongly discouraged.

• On listservs, be extremely thoughtful in your use of the "reply to all" button. If you are replying with a message that just says “thanks for the information”, a request to receive a copy of what someone has offered to share, or simply to agree with someone (such as “me too”), do not reply to the entire group. Instead, send your response directly to the e-mail address of the person who posted the message.

• Do not use any Section/Committee listservs or FBA Social Media sites as a method of advocating a client's position.

• Do not post another person’s personal email to the listserv or FBA Social Media sites without the express permission of the original email's author.

• Messages, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, harmful, invasive of privacy or publicity rights, abusive or otherwise injurious to third parties Should not be posted to the listserv/social media site.

• Do not distribute content that would constitute or encourage a criminal offense, create any liability or violate any local, state, national, or international law or regulation.

• Do not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or interfere with other users of the listserve.

• Do not distribute charity requests, petitions for signatures, other solicitations of listserv/social media users, promotional materials, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial or promotional email ("spam") or an offering of lawful or fraudulent goods, services, schemes or promotions.

• Do not disseminate harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

• Any requests regarding administrative tasks such as being added or removed from a list or social media site should be made to the appropriate area, not the list itself.

• Remember that all listservor FBA social media site exchanges are public domain.

• Users of a listservor FBA social media sitesmay be held individually liable for any communications they send through the listserv/social media site, including but not limited to defamatory, discriminatory, antitrust, anti-competitive, false or unauthorized information.

• Users of a listservor FBA social media sites also must comply with all state and federal copyright, trademark and patent laws and regulations.

By using a listserv,or FBA social media sites users agree to indemnify, defend and hold harmless, the FBA, FBA Section/Committee, its subsidiaries, affiliates, officers, agents, and parent from and against all loss, claims, demands, causes of action, liabilities, expenses, including reasonable attorney's fees and costs arising from any claim arising out of or resulting from in whole or part any breach of these guidelines by the user or any omission or act taken by the user. In no event will the Section/Committee be responsible to the users for any indirect, consequential, special or punitive damages or losses users may incur in connection with any listserv or any of the data or other materials transmitted through or residing on any listserv, even if the Section/Committee has been advised of the possibility of such damage or loss.

the fba and the section/Committee accepts no responsibility for the opinions and/or information posted on or through any listserv or on FBA social media sites.