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    Administrators' obligations

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    • Administrator

        Reputation : 315
        Registered on : 2012-02-22
        Posts : 2362
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      Administrators' obligations


      Hello, 

      important in this topic you will find the most important information related to what they are supposed to do or not do in your forum, regarding legal. 


      Please note that the answers given by informants purpose of providing legal information and intelligence of nature documentary. They have no value as legal advice.
      Introduction 
      Many members who have created a forum, sometimes we ask for the rights in respect of the posts in your forum. You will find in this resource explanations, the topics on the responsibility of States and the responsibilities of the Administration / Founders. 

      Introduction
      "It is forbidden to publish or contribute to publication, as well as a writer, producer, publisher, editor, webmaster or hosting, or writing of any material which is defamatory, offensive or derogatory"

      In summary, we can infer a hierarchy of civil liability on a forum: 
      Joined> Admin> Boss> Forumotion> French State (State where the company is declared Forumactif). 

      Article R624-3 - Modified by Decree 2005-284 of March 25, 2005 - art. 1 Official Journal of 30 March 2005, he wrote:Publish articles of defamation against a person or group of persons because of their origin or their membership or non-membership, true or supposed, of an ethnic group, nation, race or religion is punishable by a fine for the offense of defamation.[/size]

      Frequently Asked Questions for Administrators
      An administrator positions of responsibility in the content of the forum? 
      The administrator is not the main responsible for the post in its forum. In fact, the first member (author of the topic) is responsible because it is the guarantor of his observations in his messages.

      However, the administrator is responsible for the content of the forum by the Terms of Forumotion: 

      Forum hosting or promote software piracy, hacking, spamming, hosting and / or distribution of copyrighted content, attacks against networks or servers, sexual content and / or pornographic, violent or that incites racial hatred, crimes against humanity, the sale and / or exchange of medication that requires a prescription from a licensed physician, or medicine without a prescription, sale and / or exchange drugs and other illicit substances phishing pages and / or malware, credit card: fraud, inappropriate activities on the servers or any other action that may violate any applicable laws are not allowed. All forums that contain text, links, images, animations, videos and any other illegal content will be deleted without notice.

      The administrator is required to verify the statements made by its members. If the administrator is not available, Forumotion has the means to intervene in any formal forum (a period of time defined by the legal staff FA (French) to allow the administration team to rectify the offending forum), and provide for the removal of the forum for failure to comply with the Terms of Service. 

      The administrator is responsible, okay, but can not see it all 
      An administrator is responsible only when he noticed the problem, but did not intervene .. If there was any attempt at moderation on this topic, then there may be a penalty for the administrator considering his positions of responsibility. (The penalty can be double). 

      If a member requests the cancellation of his account, the Directors are required to comply with the request? 
      Yes.'m Obliged to cancel the account, in accordance with Article 34 of the Data Protection Act of 6 January 1978, each member of a forum have the right to access, modify, rectify and delete your data. However, in case of disputes with the member (forbidden), you can choose to delete the account and have a year to start an appeal to justice and transmit information relating to this account. After this period, you must delete the information. 

      A Director may remove messages that a member without his consent? 
      Yes and no ... The administrator can delete a message if it deems contrary to the conditions of FA, legislation and / or the Charter of the forum. However, there are some things that can not be removed without your permission. 

      In the article L112-2 amended by Act No. 94-361 of 10 May 1994 - art. 1 Official Journal of 11 May 1994 is to describe what is implemented or not. 
      They are considered as personal works as follows: 
      FA TRANSLATION:
      In summary, an administrator can not delete the job of a member without his consent. 

      And if this work is against the TOS and the law? 
      In this case, you have the right to remove enforce the law. The author is the same subject to the law in the exercise of his works. An example: You can delete a pornographic work. 

      The members do not respect my Regulation, I can delete messages without permission? 
      You must respect his work. Can not be removed without permission. For what is seen as a job, you can refer to the article L112-2 amended by Act No. 94-361 of 10 May 1994 - art. 1 Official Journal of 11 May 1994. You should know that only the author can decide whether or not the publication and / or the withdrawal of his work. In this case, send an email to this member asks if it is possible to remove anything that may be a job for her. 

      - With regard to the places that can be described interventions, participation, the legislation is not clear on this side. Indeed, there is a matter of "interpretation of a message." It can be deleted or not ... Here, we can conclude that only administrators are the sole judges of their forum. 

      A member of banned / deleted it asks me to delete his topic, I have to? 
      Yes. You are required to delete posts that can identify (photo, email address, address of civilians ... and eventually, upon request, the user account) Pursuant to Article 34 of the Data Protection Act of 6 January 1978 each member of a forum have the right to access, modify, rectify and delete data concerning them.However, it is not necessary to delete all of its messages, but only those who can recognize. (E-mail, photos, personal information, physical description, active lifestyle, a private person, etc.). 




      IMPORTANT: Companies or governments to which we turned may not respond to your requests, if they are grossly unfair to their number, repetitive or systematic. It 'so important to write an application to the court, be courteous, accurate, concise, with a lapse of time before engaging in a dispute against him. 


      Thank you so much for reading and comprehension. 



      Niko wants you in the team Guest

      Community manager and Administrator at Forumattivo.com

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