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LoraxPRO Content Policy

LoraxPro Content Policy

May 1, 2009

LoraxPro maintains several software features that allow Users to post content to their projects; such content is only available to members of that specific project team.  LoraxPro also maintains additional software features that allow Users to post content that is available to the wider LoraxPro user base and others that visit LoraxPro.  This policy statement applies to all content postings of any type – project-based or general postings – on LoraxPro.

LoraxPro is a software service and online community for industry professionals involved in real estate and building design, development, construction, and investment with a specific focus on high-performance green building techniques and USGBC LEEDä certification.  Content posted to the LoraxPro web site should be related to this general topic.

LoraxPro reserves the right to monitor all content posted to LoraxPro whether it is on a project-specific Whiteboard or Blog, or content posted to the entire LoraxPro user base.  LoraxPro reserves the right to edit, modify, and/or remove any content that we, at our sole discretion and for any reason, believe to be inappropriate to our subject area focus and/or to our user base.

Below is the formal LoraxPro policy (“Policy”) on content posting - all postings must follow these guidelines. Repeat violators of this Policy may, at our sole discretion, have their User Account terminated which may have detrimental consequences on the User’s ability to participate in a project that utilizes LoraxPro.  This policy is for the protection of all LoraxPro Users.  Users must adhere to the LoraxPro Content Policy so as to not create situations where Users cannot participate in their green building projects.  

GENERAL RULES

Professionalism – Post clear, valuable, and honest information. Be nice to others; don't attack others. Use good grammar and check your spelling. Make your comments useful and informative; try to include both positives and drawbacks. Keep it readable; don't use excessive capitalization and punctuation. Flaming or abusing users in any way will not be tolerated and may lead to account termination.

Profanity – Do not post or link to content that is sexually explicit or contains profanity.

Harassment – Do not post or link to content that is abusive, defamatory, hateful, threatens or harasses others.

Intellectual Property – Do not post any material that violates the copyrights or other intellectual property rights of others.

Malware – Do not post or link to any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.

Representation – Do not impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person, company or other entity.  This includes using the username and/or password of any other LoraxPro account holder or disclosing your password to any other person.  This also includes uploading, posting or otherwise displaying any Content which is false, misleading, unnecessary and/or repetitive including any Content which is inaccurate, out of date or repeats that content previously uploaded, posted or displayed by you or another user.

Data Mining – Under no circumstances can any User harvest or collect any IP addresses, email addresses or other information of any User of the LoraxPro website by electronic means or otherwise. As stated in the LoraxPro Terms of Service, Users may not modify, adapt, translate or reverse engineer any part of the Website or use any robot, spider, site search/retrieval application or other device to retrieve or index any part of the Website or re-format or frame any portion of the web pages comprising the Website, unless permitted by law.  Further, Users may nor remove or obstruct from view any advertisements and/or any copyright, trademark or other proprietary notices contained on or in the LoraxPro website or LoraxPro software.

Impediments – Do not restrict or in any way inhibit any other person’s use of the LoraxPro website or the LoraxPro software service including actions which could damage, disable, overburden or impair the LoraxPro website or the LoraxPro software service.

Authorization – Under no circumstances my Users attempt to gain unauthorized access to the LoraxPro website or any networks, servers or computer systems connected to the LoraxPro website or LoraxPro service.

All Other Laws – Do not violate any other applicable law or regulation including using the LoraxPro website or the LoraxPro software service in a manner that is inconsistent with these Terms and/or any Applicable Laws in force from time to time or in a manner which promotes or encourages illegal activity.

Reporting – If you notice any breach of this Policy, please report it to Content@LoraxPro.com so that we can review the situation and take any necessary action.

LoraxPro Users should take all content posted on LoraxPro’s web site as individual and highly subjective opinions.  The opinions expressed in posted content are those of LoraxPro’s user base and not of LoraxPro. We do not endorse any of the opinions nor any responses expressed by Users, nor do we receive any incentive for any information posted from Users on the LoraxPro web site.  

LoraxPro does not validate the factual accuracy of content posted by Users.  If you notice any postings that are factually inaccurate, please report it to Content@LoraxPro.com - include the specific URL or area that you believe is factually inaccurate as well as sources that substantiate the factual inaccuracy so that we can review the situation and take any necessary action.

LoraxPro staff selectively moderates content posted to LoraxPro; besides selective internal review we also rely on our Users to bring to our attention any content that is in violation of this Policy by emailing us atContent@LoraxPro.com.  We will not continue to publish content unless it is:

Related to green building design, construction, investment or similar subjects

We are not a forum for general political, ethical or religious opinions.  Please do not submit content unrelated to green building design, construction investment or related issues or transmit any Content to a part of the LoraxPro website which is irrelevant to the subject matter.  We will not post questions or comments directed to our partners whose services are available on our sites, or questions/comments directed to, or about, LoraxPro employees or other LoraxPro users.

Family-friendly

We will not post submissions, text, images, links or other content that contain vulgar, intimidating, discriminatory, harassing, pornographic, or otherwise inappropriate or offensive content.? In the unlikely event that you see a posting on any LoraxPro site that appears to be images of, refers to, or links to sites containing images of child pornography, please report it immediately toContent@LoraxPro.com.

Unique, original and independent

Submissions that contain confidential and proprietary information, including company financial information or material that infringes the copyright of others, including but not limited to material quoted or taken without permission from other sources or material published elsewhere will not be posted if brought to the attention of LoraxPro moderators.  All material posted on LoraxPro must not infringe on the copyrights of others.  Please immediately report any violations to Content@LoraxPro.com.

Unrelated commercial content

Users may profile their industry subject matter expertise and/or green building projects on LoraxPro.  Users may not post any chain letters, pyramid schemes, surveys, contests, charity requests, petitions for signatures or other content of this style/type.  Spam is not tolerated under any circumstance and may lead to the termination of a User Account.  The posting of other unrelated content, at LoraxPro’s sole discretion, may lead to warnings and the ultimate termination of a User Account.

Written by someone 18 years of age or older  

All LoraxPro Users must be 18 years of age or older.

Submitted by someone with a valid identity and e-mail address

We may need to contact a member if there is a problem with his or her posting, so the e-mail address linked to Travel Guide member’s profile must be valid. Members may not impersonate another person or entity, or post, publish, upload, or in any way distribute, transmit, or disseminate any message anonymously or under a false name.

Notification of Copyright Infringement

We suggest that you consult your legal advisor before filing a notice or counter-notice of copyright infringement. Note that you may be liable for damages if you make a false claim of copyright infringement.

If you believe in good faith that content hosted by us infringe on your copyright, you (or your agent) may send us a written notice that includes the following information:

· A clear identification of the copyrighted work you claim was infringed.

· A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.

· Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

· A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

· A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

· The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Notices with respect to this web site should be sent to:

LoraxPro
Attn:  Corporate Counsel
8601 Robert Fulton Drive
Columbia, MD  21046
info@LoraxPro.com

We will review and address all notices that comply with the requirements above.

Counter-Notification of Copyright Infringement

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

If you believe material was removed in error, you may send a counter-notification to the address provided above.  To file a counter notification with us, you must provide a written communication that sets forth the items specified below (including section numbers):

· Identify the specific URLs of material that LoraxPro has removed or disabled access.

· Provide your full name, address, telephone number, and e-mail address.

· Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Baltimore, MD if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

· Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

· Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

What Happens Next?

If we receive a counter notification, we will forward it to the party who submitted the original claim of copyright infringement. The counter notification we forward will include the personal information of the person who sent the counter notice to us. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant.

After we send out the counter notification, the original claimant must respond to us within ten (10) business days stating he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on LoraxPro’s web site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, the material may be reinstated.

Rights and Remedies

LoraxPro reserves all rights to pursue all remedies under US civil and criminal law against Users who violate these Terms including, but not limited to, removal of infringing content and termination of a User’s account as well as civil and criminal damages as the case may warrant.

Updates

LoraxPro reserves all rights to update this Policy from time to time without notification to our Users.



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