E-mail Mailing Lists


ELULS Listserv Rules (revised as of 5/13/2013)

The list is intended to be a forum for open discussion on issues important to Section members and we will encourage each user to post messages to the list, ELULSLIST1@lists.eluls.org that you would like all members to receive.   If you have any questions or comments about this service please direct them to help@eluls.org and not the entire list.

1. The Environmental and Land Use Law Section is a non-commercial entity.   Advertising and “spam” (unwanted bulk messages) are not permitted, and grounds for immediate removal from any and all ELULS Lists.  Attempting to compromise ELULS security (including assembling lists of members — of ELULS or specific lists and/or groups within ELULS) is grounds for immediate removal and possible legal action. If you would like to post an informative message about a commercial product, you may ask the list owner for permission, but such messages are expected to be rare on all our lists.

2. Please do not post irrelevant messages to our forums.

3. If a list owner makes a content request (i.e., let this topic die), please follow it. List owners decide what is or is not appropriate content for their lists. If you disagree with the request or decision of a list owner, please inform the owner(s) in private E*Mail help@eluls.org — we do care about how people like our services, but such decisions are not open for public debate.

4. ELULS does not operate lists as a forum for public ‘flaming’ — please do not reply to inappropriate postings (that is the responsibility of the list owner, and will generally occur in private E*Mail).

5. In the name of brevity, please do not publicly raise the same issue more than twice — we all have better things to do than re-hash the same questions and answers indefinitely. You may want to suggest to the list owner(s) that they re-open unresolved questions, but this is their decision. Some topics need a rest because discussion of them is stuck — even if they aren’t yet resolved.

6. Please be considerate and polite.

All that being said, we hope never to enforce any of this. If everyone is considerate of everyone else, the life of the ELULS list-owner can be very easy. On the other hand, we will enforce any rules necessary in order to allow members to use our services without inconvenience and distraction.

If you feel an issue is important enough to merit a third (or more) round of discussion, please contact the list owner directly and ask for permission to re-raise it (if granted, make sure you include your reasoning in the public posting). If you are dissatisfied with the list owner, you may complain to the List Oversight Committee at help@eluls.org.

As necessary, the ELULS list owner will remind posters if their posts are inappropriate; if members choose or are unable to comply, they will be removed.

REMINDER:  Replies sent to any message that was distributed by this list-serv ELULSLIST1@lists.eluls.org will be sent to the entire mailing list.

If your wish to remove yourself from this list, send an e-mail to listserv@lists.eluls.org with the word SIGNOFF in the body of the e-mail message.

ELULS Internet Committee




Listserv Protocol (as of July 1, 2000)
for the Environmental and Land Use Law Section
of the Florida Bar

All Lists are maintained and operated by the List Sponsor, List Owner(s), List Editor(s), and System Administration Personnel identified therein (hereinafter, all collectively referred to as “the ELUL Section”). By participating in a List, you automatically agree to all of the rules governing your use as provided in this Protocol. The ELUL Section may revise these terms from time to time. If you continue to participate in a List after we post changes to these terms and conditions, it will mean that you accept those changes.

Posted Materials

The information and opinions expressed in materials posted by List participants are not necessarily those of the ELUL Section and the ELUL Section makes no representations or warranties regarding such posted materials.

You shall not submit, upload or post to a List any content which:
(1) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
(2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone’s copyrights or trademarks;
(3) falsifies or deletes author attributions, legal notices or other
proprietary designations;
(4) violates any law;
(5) advocates illegal activity;
(6) knowingly contains viruses, corrupted files, or other materials that may cause damage to another’s computer, or
(7) advertises or otherwise solicits funds or sales of goods or services. (Provided, however, the ELUL Section will use the List to announce Section activities, including Section Seminars and Workshops. Messages proposed to posted regarding the conferences and seminars of other entities will be evaluated on a case by case basis and released by the List Moderator at the discretion of the ELUL Executive Council.)

The List, however, may be used to request or refer legal services but such requests should be free from specific allegations of wrongdoing and shall not name potential defendants in possible legal proceedings.

By posting any content on a List, you automatically agree to indemnify the ELUL Section, 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.

Unless materials are specifically restricted as noted in the content, by posting on a List any content authored or owned by you, you automatically (a) grant to all other List participants, and any other person or entity affiliated with the List, a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, and distribute the posted content for the limited purposes of discussion and commentary, (b) grant to the ELUL Section a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed, for the purposes of furthering the ELUL Section’s educational and public policy goals of promoting conservation of the natural environment, including advertising and promotion of the ELUL Section and its activities, and (c) waive all “moral rights” with respect to the posted content.

Compliance With Intellectual Property and Defamation Laws

The ELUL Section cannot advise List participants with respect to compliance with intellectual property and other laws. However, we ask you to be aware of the following — it is a commonly held but very mistaken belief that materials posted on the Internet are automatically in the public domain. This is not correct. Except for official government documents, virtually all works of original authorship are protected by copyright regardless of the manner of publication or distribution, including online.  Except under very limited circumstances constituting “fair use,” you must get the copyright owner’s permission before reproducing all or part of a copyrighted work.

It is the sole responsibility of each List participant to ensure that the materials she or he posts to a List do not infringe or violate the intellectual property rights, publicity, privacy or other legal rights of others. Your postings will not be reviewed, screened or approved for such violations by the ELUL Section. The ELUL Section complies with the provisions of the Digital Millennium Copyright Act of 1998, 17 U.S.C. Sec. 512. Pursuant to that Act, the ELUL Section will promptly remove posted materials in the event a copyright owner provides proper notification to us alleging that the posted materials constitute infringement.

If your postings are removed under this procedure, we will notify you and provide the opportunity for response as provided under the Act. The Digital Millennium Copyright Act is available at the Copyright Office’s web site http://lcweb.loc.gov/copyright/.

Personal Information

It is necessary to the functioning of a List to collect email addresses and other personally identifiable data about List participants. All such information is collected and stored in a manner appropriate to the nature of the data. We do not sell or otherwise disclose such information outside the organization.

All Lists have security measures in place to protect the loss, misuse and alteration of the information under our control. However, we cannot guarantee that the information will not be lost, misused or altered, and the ELUL Section shall not be responsible for any harm that you or any person may suffer as the result of a breach of security.

Outside Links

The ELUL Section cannot review links that may be embedded in List postings and is not responsible for the privacy practices or the content of any linked materials, whether or not they are affiliated with the ELUL Section.=20

List Archives

List Archives contain email messages that were generated and posted by individual List participants, as well as some official postings from the ELUL Section. 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 the ELUL Section. 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. The ELUL Section does not screen the posted content for such violations and makes no representations or warranties of any kind regarding the posted content.

Limitations on the ELUL Section’s liability

Lists are maintained and operated solely for the educational and nonprofit purposes of the ELUL Section. 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. The ELUL Section 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. The ELUL Section 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 the ELUL Section) assume the entire cost of all necessary costs of correcting any malfunctions or errors to your property. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall the ELUL Section be liable for any special or consequential damages that result from the use of, or inability to use, the materials on a List, even if the ELUL Section or a ELUL Section-authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you. In no event shall the ELUL Section’s total liability to you for all damages, losses, and causes of action, including but not limited to negligence, arising out of or in connection with your use of this List, exceed the amount paid by you, if any, for accessing the List.

General provisions

All lists are maintained in the United States. The ELUL Section does not warrant or represent that list participation is appropriate or available in other locations. If you choose to participate from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from the List in violation of United States export controls.

These terms shall be governed by and construed according to the laws of the state of Florida, as they are applied to agreements entered into and to be performed entirely within Florida. 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 the Northern District of Florida, and you consent to jurisdiction of such courts for the purpose of litigating such actions.

Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.

The ELUL Section reserves the right to remove for any reason posted materials from a List, and the right to deny in its sole discretion any user access to a List, without notice.

This is the entire agreement between us relating to your participation in a List. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the ELUL Section.