CODE OF CONDUCT, AntiTrust and Conflict of Interest Policies
Thank you for being part of the Digital Enterprise Society community. The Rules and Etiquette (“Rules”) apply to the social platforms offered by the Society, including the website located at www.DigitalEnterpriseSociety.org, and function to provide guidelines that participants in any the Society branded community must follow. Please review these Rules carefully before proceeding, as they constitute a binding agreement between you and the Society.
The world and our members are becoming more social and connecting online. As such we encourage all to participate in our online community. Digital Enterprise Society also maintains a presence on public tools such as Facebook, Twitter, LinkedIn, and YouTube, along with our private social network. All of these platforms are great tools to get the advice of your peers, learn from their experience, and participate in an ongoing conversation. By participating on social platforms that are Digital Enterprise Society branded you agree that you have read and will follow these Rules.
Please take a moment to acquaint yourself with these important Rules. If you have questions about these Rules or the tools themselves, contact support@DigitalEnterpriseSociety.org. However, questions about the Society programs, services, resources, and membership should be directed to (518) 612-6068 or e-mail office@DigitalEnterpriseSociety.org.
In order to preserve a climate that encourages both civil and fruitful dialogue, the Society reserves the right to delete posts or terminate accounts for members who violate these Rules.
• Don’t attack others. The discussions on the community platforms are meant to stimulate conversation not to create contention. Let others have their say, just as you may.
• Don't post commercial messages unless explicitly permitted by a particular community. Please know that the Society has the right to remove any content that it believes creates a false impression of its endorsement (whether implied or specific) of any product or service. Contact people directly with product and service information if you believe it would be helpful to them.
• Use caution when discussing products and services, and post only accurate and truthful statements. Information posted on any platform is available for all to see, and comments are subject to libel, slander, and antitrust laws.
• You may not use any services provided by the Society, including www.DigitalEnterpriseSociety.org to post, display, send or otherwise make available or use, any material protected by intellectual property laws unless you own or control all necessary rights to such material or have received approval.
• You may not attempt to harm, disrupt, or otherwise engage in activity that impairs the community, or any other service or website provided by the Society.
• You may not post any content that is fraudulent, false, misleading, or deceptive.
• All defamatory, abusive, profane, threatening, offensive, hateful, or illegal materials are strictly prohibited and may be removed.
• Do not post anything that you would not want the world to see or that you would not want anyone to know came from you.
• You may not misrepresent your identity or impersonate any person.
• You may not use the community, or any platform or communications made available by the Society to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of any computer. You also may not take any action or assist in any process that undermines or affects any service offered by the Society.
• You may not use www.DigitalEnterpriseSociety.org, or any services offered by the Society, to harvest or otherwise collect information about others, including personal information, data that may be anonymized, and e-mail addresses.
• You may not attempt to gain access to any account, computers or networks related to or used in connection with any services offered by the Society without authorization, or otherwise tamper with any aspect of the Society’ services or use any robot, spider, data mining tool, web tool, engine, software, device, or mechanism to access data provided by the Society.
• Please note carefully all items listed in the disclaimer and legal terms below, particularly regarding the copyright ownership of information posted to any the Society branded community.
• Remember that the Society and other participants have the right to reproduce postings.
• Post your message or documents only to the most appropriate groups or forums. Do not spam several groups or forums with the same message. All messages must add to the body of knowledge. We reserve the right to reject any message for any reason.
Digital Enterprise Society has the right to make all judgments concerning any of the above prohibitions in its sole, exclusive, and complete discretion. The Society reserves the right, also in its sole discretion, to determine whether and what action to take in response to any violation or potential violation of these Rules, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint or situation.
• Transparency is very important in gaining trust in online relationships, therefore be clear who you are and who you work for when posting on any platform. Include a signature tag on all messages that provides your name, affiliation or location.
• State concisely and clearly the topic of your comments in the subject line. This allows members to respond more appropriately to your posting and makes it easier for members to search the archives by subject.
• Only send a message to the entire list when it contains information that everyone can benefit from.
• Send messages such as "thanks for the information" or "me, too" to individuals—not to the entire list. .
• Do not send administrative messages, such as “remove me from the list.” Instead, use the web interface to change your settings or to remove yourself from a group. If you are changing e-mail addresses, you do not need to remove yourself from the list and rejoin under your new e-mail address. Simply change your profile settings.
Right to Monitor and Terminate Access
Although the Society cannot and does not monitor all content and activity on its websites, it has the right, but not the obligation, to monitor the content and activity on any Digital Enterprise Society website, to determine compliance with these Rules and any other operating terms, guidelines, or policies that we may establish from time to time. The Society has the right, but not the obligation, to remove or to require users to remove any content that the Society, in its sole discretion, deems to be (a) inconsistent with its strategic mission, vision, and/or the Rules; and/or (b) possibly in violation of applicable law. The Society also has the right to terminate or block the access of any user who violates these Rules, or any terms, guidelines, or policy posted or explained on any website owned or operated by the Society.
In addition, the Society has the right, in its sole, exclusive, and complete discretion, to remove any content if it has reason to believe that posting, displaying, or otherwise using such content may infringe the intellectual property rights of a third party, subject us to expense or liability, or injure and/or impair our reputation and/or goodwill.
Notwithstanding the Society’s right to monitor, remove, and terminate the access of any user, all users of the Society’s websites, shall remain at all times solely responsible for any content that they post. You hereby acknowledge and agree that the Society is not liable for any action or inaction with respect to any conduct on any of its websites or with respect to any communications, or postings, or transactions made on, in connection with any website or service offered by the Society.
The Society also reserves the right to disclose any information that it believes may be necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
In the event that you become aware of content that you deem to be objectionable or in violation of these Rules, please e-mail us at support@DigitalEnterpriseSociety.org or using the site’s Report Abuse link at the top of every page.
The Legal Stuff
These social media pages, accounts, and sites are provided as a service of the Society. The Society is not responsible for the opinions and information posted on these sites by others. The Society PROVIDES THE CONTENT AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT LIES WITH YOU. The Society disclaims all warranties with regard to information posted on any website offered by it, whether such content was posted by the Society or any third party; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall the Society 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 any of its platforms.
Do not post any defamatory, abusive, profane, threatening, offensive, or illegal materials. Do not post any information or other material protected by intellectual property laws, including trademark and copyright laws, without the permission of the owner of the material. In addition, by posting material, you grant to Digital Enterprise Society and its members the nonexclusive, world-wide, transferable right and license to display, copy, publish, distribute, transmit, print, and use such information or other material in any way and in any medium, including but not limited to print or electronic form.
You agree to indemnify the Society and its respective officers, directors, employees, agents, licensors, representatives, and third-party providers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Rules by you, or any use or misuse of the sites for which you may be responsible.
Content should not be posted if it encourages or facilitates 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. Content that encourages or facilitates 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 suppliers. The Society does not actively monitor these sites for inappropriate postings and does not on its own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to the Society' attention, the Society will take all appropriate action.
Right to Modify and Change
Digital Enterprise Society reserves the right, in its sole, exclusive, and complete discretion, to change, modify, or otherwise amend these Rules, or any of their portions or provisions, at any time. You can always find the most recent version of these Rules posted on the applicable website, with the date of last modification noted at the bottom of the document. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of the Rules on a regular basis. If you do not agree to the revised Rules, your sole recourse is to immediately stop all use of www.DigitalEnterpriseSociety.org, or the applicable website or service offered by the Society. Your continued use of the applicable website or service offered by the Society, following the posting of modifications will constitute your acceptance of such revised Rules.
Digital Enterprise Society is a not-for-profit organization. The association is not organized to and may not play any role in the competitive decisions of its members or their employees, nor in any way restrict competition among members or potential members. Rather it serves as a forum for a free and open discussion of diverse opinions without in any way attempting to encourage or sanction any particular business practice.
The association provides a forum for exchange of ideas in a variety of settings including its annual meeting, educational programs, committee meetings, and Board meetings. The Board of Trustees recognizes the possibility that the Association and its activities could be viewed by some as an opportunity for anti-competitive conduct. Therefore, this policy statement clearly and unequivocally supports the policy of competition served by the antitrust laws and to communicate the Association's uncompromising policy to comply strictly in all respects with those laws.
While recognizing the importance of the principle of competition served by the antitrust laws, the Association also recognizes the severity of the potential penalties that might be imposed on not only the Association but its members as well in the event that certain conduct is found to violate the antitrust laws. Should the Association or its members be involved in any violation of federal/state antitrust laws, such violation can involve both civil and criminal penalties that may include imprisonment for up to 3 years as well as fines up to $350,000 for individuals and up to $10,000,000 for the Association plus attorney fees. In addition, damage claims awarded to private parties in a civil suit are tripled for antitrust violations. Given the severity of such penalties, the Board intends to take all necessary and proper measures to ensure that violations of the antitrust laws do not occur.
In order to ensure that the Association and its members comply with antitrust laws, the following principles will be observed:
• The association or any committee, section, chapter, or activity of the Association shall not be used for the purpose of bringing about or attempting to bring about any understanding or agreement, written or oral, formal or informal, expressed or implied, among two or more members or other competitors with regard to prices or terms and conditions of contracts for services or products. Therefore, discussions and exchanges of information about such topics will not be permitted at Association meetings or other activities.
• There will be no discussions discouraging or withholding patronage or services from, or encouraging exclusive dealing with any supplier or purchaser or group of suppliers or purchasers of products or services, any actual or potential competitor or group of actual potential competitors, or any private or governmental entity.
• There will be no discussions about allocating or dividing geographic or service markets or customers.
• There will be no discussions about restricting, limiting, prohibiting, or solicitation that is not false, misleading, deceptive, or directly competitive with Association products or services.
• There will be no discussions about discouraging entry into or competition in any segment of the marketplace.
• There will be no discussions about whether the practices of any member, actual or potential competitor, or other person are unethical or anti-competitive, unless the discussions or complaints follow the prescribed due process provisions of the Association's bylaws.
• Certain activities of the Association and its members are deemed protected from antitrust laws under the First Amendment right to petition government. The antitrust exemption for these activities, referred to as the Noerr-Pennington Doctrine, protects ethical and proper actions or discussions by members designed to influence: 1) legislation at the national, state, or local level; 2)regulatory or policy-making activities (as opposed to commercial activities) of a governmental body; or 3) decisions of judicial bodies. However, the exemption does not protect actions constituting a "sham" to cover anticompetitive conduct.
• Speakers at committees, educational meetings, or other business meetings of the Association shall be informed that they must comply with the Association's antitrust policy in the preparation and the presentation of their remarks.
• Meetings will follow a written agenda approved in advance by the Association or its legal counsel.
• Meetings will follow a written agenda. Minutes will be prepared after the meeting to provide a concise summary of important matters discussed and actions taken or conclusions reached.
At informal discussions at the site of any Association meeting all participants are expected to observe the same standards of personal conduct as are required of the Association in its compliance.