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User Agreement

By subscribing to a North Carolina Bar Association (NCBA) ListManager, users agree to the terms and conditions contained in this agreement. This agreement may be modified from time to time and such modifications shall be effective upon their posting to the NCBA website http://www.ncbar.org.

Subscribers to any of the NCBA ListManagers certify that they are members of the North Carolina Bar Association. Members may authorize specific members of their staff to subscribe to the ListManagers. Members are solely responsible for their staff members use of and conduct on said ListManagers. Subscribers to any and all of NCBA ListManagers agree to the following as a condition of participation:

  1. NCBA ListManagers will not be used to advertise products or services unless such product or service is specifically sponsored by the North Carolina Bar Association. This prohibition includes notices of Continuing Legal Education (CLE) programs sponsored by any entity other than the North Carolina Bar Association Foundation.

  2. ListManager postings are not privileged, confidential, or, in the event of litigation, protected from discovery. Therefore, participants should not post any message that they would be embarrassed or concerned to see made public.

  3. ListManager discussions should be limited to legal issues and to the business of the division, section, committee, or entity for which it was established. Messages will be clear and explicit when communicating on the ListManager.

  4. The purpose of the ListManager is to facilitate the ready exchange of information so as to enable members to better serve clients, and meet professional obligations. The ListManager will not be used to send messages such as those:

    1. Which are jokes or items for sale.
    2. Containing defamatory, abusive, profane, threatening, offensive or illegal information or materials.
    3. Containing copyrighted materials or information without the consent of the copyright owner.
    4. That could be viewed as anticompetitive and that may raise issues under antitrust laws. For example, discussing any of the following subjects on the NCBA ListManager would raise antitrust concerns and must be avoided:

      1. Hourly rates lawyers or paralegals should establish;
      2. Salaries to be paid to new associates;
      3. Fees that should be charged for a particular service;
      4. Boycotting or exclusion from the market of lawyers who fail to insist that clients receive and pay for a particular “package” of services in connection with a transaction; OR
      5. Exclusion from the market or the injuring of non-lawyers, whose activities threaten economic harm to lawyers.

    5. It is permissible to use a ListManager to exchange or gather information that can be provided to the North Carolina State Bar to address concerns that may arise regarding a non-lawyer’s unauthorized practice of law or that consumer welfare is being threatened. However, users should not use the NCBA ListManager as a means to police such conduct or to organize any activity other than providing information to the North Carolina State Bar.

    6. Material or information obtained via these ListManagers will not be disclosed to anyone who is not authorized to receive such information, but may be used in the user's legal practice.

    7. None of the information or material obtained from the ListManager will be sold or distributed for profit under any circumstances.

    8. All communications on the ListManager will be used for business purposes only and in accordance with these procedures. All ListManagers are subject to periodic audit and monitoring by NCBA staff members as well as the ListManager contractor for business and security purposes.

    9. Users of the ListManager may be held individually liable for any communications they send on the ListManagers, including but not limited to defamatory, discriminatory, antitrust, anti-competitive, false or unauthorized information. Users also must comply with all state and federal copyright, trademark and patent laws and regulations.

    10. By using the NCBA ListManagers, users agree to indemnify, defend and hold harmless, the North Carolina Bar Association, the North Carolina Bar Foundation, their subsidiaries, affiliates, officers, agents, parents, insurers, successors or assigns 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 agreement by the user or any omission or act taken by the user. In no event will the North Carolina Bar Association be responsible to the users for any indirect, consequential, special or punitive damages or losses users may incur in connection with any NCBA ListManageror any of the data or other materials transmitted through or residing on any NCBA ListManager, even if the North Carolina Bar Association has been advised of the possibility of such damage or loss.

    11. The North Carolina Bar Association may remove any user from any or all ListManagers for violation of this agreement.

    12. This agreement is effective immediately with its posting on the NCBA's website, http://www.ncbar.org.