Cybertown Unified Ban Policy

2091 Revision

 

Preamble:

The purpose of this policy is to clarify the points made in the Cybertown Constitution so that there is an understandable set of consequences for common infractions. The intention is not in any to restrict freedoms but rather to make participation in the site enjoyable and safe for all. This policy is not intended to replace the Cybertown Constitution and in the event that any omission has been made in this document, the clauses contained within the Constitution will apply. All citizens are encouraged to be familiar with both documents as well as the Legal Notices accessible from the home page. The information on this page may be updated from time to time and if this occurs, it will be published in the Cybertown Daily News for at least 2 weeks.

Definition of Terms Used in This Document:

Section 1 - Rules of Conduct:

The following sections outline the things that are not allowed in Cybertown. The intent here is to provide a clear set of rules understandable to everyone. However, we acknowledge the fact that to make an all-inclusive list of possible offenses is nearly impossible given the ever-changing nature of the city. Citizens are again warned to read the CT Constitution, as its clauses will apply regardless of any statements contained in this policy.

1. Avatars:

Cybertown is a family friendly site. As such, avatars (your 3D body) must be appropriate for a family environment. Avatars must be properly clothed to cover what would normally be considered "private parts", and must not contain any profane (foul or sexual) statements or images of any kind. Citizens should also be considerate of others in the use of their avatar. Avatars may not pick up and transport Citizens against their will, and may not stream music or other media so as to create a disruption. Additionally your avatar may not be so large as to fill up the majority of the 3D chat window of another Citizen or cause other Citizens to crash when trying to download it.

2. Chat:

Cybertown is a family friendly site. We have many people who come together from across the globe to experience our special atmosphere and we make every effort to ensure that the chat remains enjoyable to all. Your chat content in the public places of Cybertown is expected to be polite and non-abrasive at all times. You may not behave in such a fashion that annoys or disrupts the chats of other users. A public place is considered to be any chat area accessible via the city Jump Gate.

Specifically you may not:

    1. Use any foul, offensive or obscene language, including simulating sexual acts.
    2. Endorse the use of drugs by anyone or alcohol by minors. Additionally you may not engage in real or simulated disorderly conduct purportedly due to controlled substance or alcohol intoxication at any age.
    3. Repeat useless lines of text or blank spaces over and over again (flood the chat).
    4. Type statements in ALL CAPS. Not allowing ALL CAPS statements is a time-honored convention of chat sites as this is considered to be shouting.
    5. Disrupt the Harmony of Public chat by arguing with or harassing other users. Private disputes are to be kept private and out of the public areas of Cybertown. This includes play fighting as it can quickly escalate into something real.
    6. Insult or attempt to discredit or defame another Citizen’s reputation.
    7. Publish the contents of private e-mails or private conversations (including from inboxes) anywhere either in or outside of Cybertown.
    8. Make false statements or use derogatory innuendo or spread false information, especially in an effort to create turmoil, upset or perturbation.
    9. Try and persuade a Council Member or other senior town official to give you confidential information. Additionally, any citizen applying for a position on the Council who is discovered to have previously been the recipient of leaked confidential information without reporting it to the Security Commissioner is automatically disqualified from receiving a seat on the Council as they would have already been willing accessories to violations of the Senior Participation Guidelines.

Again citizens are reminded that this list is not all-inclusive and that, at the discretion of the City Officers, any other similar conduct that violates the CT Constitution or that is considered intended to be disruptive will also be considered in violation of this policy.

3. Clubs:

Clubs are generally considered to be private areas of the City. However, certain aspects of the clubs are viewable by the public and to that extent those public aspects are regulated in the same fashion as the public chats.

Specifically:

    1. The name of your club and your club information page, message board and inbox must not contain any profane, sexual, or otherwise inappropriate language.
    2. Your club must not be about or contain information about any illegal activity such as hacking or software piracy.
    3. As taken from the CT Constitution, your club cannot be furnished with textures, texts, objects or images that would be considered offensive, illegal, pornographic, racist or that violate any copyrights or trademarks. All image uploads will be subject to approval by Clubs Staff.
    4. If you wish to discuss things that might be considered offensive or controversial you are advised to lock your club so that only citizens who knowingly wish to participate in such conversations are allowed entry. If your club is not locked, the City Officers will consider it a public chat.
    5. Your club must comply with all other rules implemented by the Clubs Chief and his/her staff.

Again Citizens are reminded that this list is not all-inclusive and that any other similar conduct that, at the discretion of the City Officers, violates the CT Constitution will also be considered in violation of this policy. In addition to any provisions contained in the penalty section of this document, Citizens are warned that violating this provision could cause their club and all objects within it to be deleted without notice.

4. Copyrights:

Cybertown, in its attempt to allow freedom of expression by its members, permits Citizens to post and use their own creative works in various places. However, Citizens are expressly prohibited from posting or using the copyrighted or trademarked material of others without their consent. Any avatar, image, object, text, etc. that is deemed to be in violation of a copyright or trademark is subject to deletion and/or immediate removal. At the discretion of the City Officers, persons who violate copyrights or trademarks may also face the appropriate consequences under the penalty section of this document. More information is available at http://www.cybertown.com/graphics.html

5. Hacking/Unlawful Activity:

Cybertown treats hacking and other unlawful activity, even the simple discussion of it, as a serious offense. Any attempt or threat to disrupt the normal operations of Cybertown or carry out any unlawful activity as a member of Cybertown can result in your immediate removal under Step 6 of the penalties provision of this document.

Libel, Defamation, Interference with Trade Relations, Trade Disparagement, Slander by Title, Injurious Falsehood, Invasion of Privacy (revealing private conversations and e-mails), Publishing Private Corporate Property (logs) and other Trade Secrets, Breach of Contract, Interference with Contractual Relations, Interference with Prospective Advantage and other such activities are unlawful acts punishable by law so belonging to or involvement in hate and harassment or cyberstalking sites that indulge in these unlawful acts is included in Section 5. Section 5 bans, since they involve unlawful acts, do not qualify for review by C.E.R.B nor for any communication concerning their ban as per our Legal Notices/TOS. Additionally, Cybertown will comply with any law enforcement agency requests regarding such activities.

Additionally, the standard code of the Blaxxun platform is not to be altered without the permission of the Founder. Unapproved alterations may result in your immediate removal under Step 6 of the penalties provision of this document.

6. Homes:

Homes are generally considered to be private areas of the City. However, certain aspects of private homes are viewable by the public and to that extent those public aspects are regulated in the same fashion as the public chats.

Specifically:

    1. The name and content of your home, your home’s information page, links page, inbox, virtual pet, or message board must not contain any profane, sexual, or otherwise inappropriate language, or in the case of a virtual pet be programmed to use such language in its interactions with Citizens. (Note: When moving to a new space, a virtual pet may have been left behind by a previous owner and you are obligated to check and/or configure this pet to conform to the rules of Cybertown.)
    2. Your home must not contain information about any illegal activity such as hacking or software piracy.
    3. As taken from the Constitution, your home cannot be furnished with textures, texts, objects or images that would be considered offensive, illegal, pornographic, racist or that violate any copyrights or trademarks.
    4. If you wish to discuss things that might be considered offensive or controversial you are advised to lock your home so that only Citizens who knowingly wish to participate in such conversations are allowed entry. If your home is not locked, the City Officers will consider it a public chat.
    5. Your home must comply with all other rules created by your Colony Leader and his/her staff.
    6. Under no circumstances are you allowed to modify the top or right frame (basically you cannot change the color of, add buttons to, or alter any of the standard frames that stay the same no matter where you are in CT). Those frames must remain exactly as CT coded them and cannot be changed. ANYTHING that modifies the top or right frame is NOT allowed due to trademark/legal issues.
    7. Modifying the center frame is at this time allowed so long as it works properly in all browsers and does not give the impression to newbies that parts of CT are broken and does not introduce security problems. For instance, if you want to use Flash, you need to ensure that the home also displays properly for those residents who cannot use flash.

Again, citizens are reminded that this list is not all-inclusive and that any other similar conduct that, at the discretion of the City Officers, violates the CT Constitution will also be considered in violation of this policy. In addition to any provisions contained in the penalty section of this document, Citizens are warned that violating this provision could cause their home and all objects within it to be deleted without notice.

7. Items/Objects:

Cybertown, in its attempt to be a virtual city, has an economic system in which Citizens are able to buy and sell items. In an attempt to ensure fair treatment of everyone and to see that the chats are not disrupted the following rules apply to the sale of Items/Objects:

    1. You are not allowed to scam, or attempt to scam other Citizens. Putting a low price on an item’s name/description but asking much more in the price box in order to scam someone, (i.e.- 100 cc's posted at end of item, 1000 cc's in price box) is prohibited.
    2. You may not move other people’s items to the floor of any room in CT without their permission.
    3. You may not sell in the flea market, items that are available in the mall or flea market for free.
    4. You may not take a free item and rename it in an attempt to convince another Citizen to buy it.
    5. You may not steal items or objects from other Citizens backpacks, homes, or clubs.

Again citizens are reminded that this list is not all-inclusive and that, at the discretion of the City Officers, any other similar conduct that violates the CT Constitution will also be considered in violation of this policy. More information about objects is available at http://www.cybertown.com/graphics.html

8. Message Boards:

Cybertown has many public message boards where Citizens can post messages, thoughts, and opinions for review by others. Conversations on the message boards are generally considered the same as public chats and are regulated in the same fashion. Comments on the message boards are at all times expected to be polite and constructive in nature. While communicating on the public message boards you may not:

    1. Use any profane or sexual language.
    2. Hold conversations related to illegal activity.
    3. Argue with or harass other users. Private disputes are to be kept private and out of the public areas of Cybertown.
    4. Insult or attempt to discredit another Citizen’s reputation.
    5. Publish the contents of private e-mails or private conversations (including from inboxes).
    6. Make false statements or use derogatory innuendo or spread false information, especially in an effort to create turmoil, upset or perturbation.
    7. As covered in our Legal Notices/TOS, you may not post advertisements for any goods or services of your own or solicit business in any way by utilizing message boards or any other channels paid for by Cybertown without the express permission of the Founder or as part of an official equitable business relationship with Cybertown. Persistence in doing so after having been warned will cause you to forfeit your membership in Cybertown and you may be reported to the appropriate Business Ethics organizations. Obviously this does not apply to advertising Cybertown events or goods or services that involve the citycash currency in Cybertown.
Because of the seriousness of misuse/abuse of the message boards, inflammatory or false and misleading message board posts as in A. to G. above have their own separate penalties as follows:

1) The posting is deleted immediately and without notice and the poster receives one warning
2) Any repetition results in temporary loss of posting privileges. The posting privilege will be restored when Security is satisfied that the person will not repeat the kind of behavior that caused them to lose their posting privilege
3) If posting privileges are restored, and there is any further repetition, the poster gets a 15 day ban and permanent loss of posting privileges.

Again citizens are reminded that this list is not all-inclusive and that, at the discretion of the City Officers, any other similar conduct that violates the CT Constitution will also be considered in violation of this policy.

9. Nicknames:

Nicknames cannot be profane, sexual, or drug related in nature. Nicknames created solely to harass or impersonate another Citizen are also prohibited as are nicknames that could cause controversy or arguments, as well as those that reveal personal or private identifying information such as phone numbers, social security numbers etc.. Nicknames in violation of this provision will be permanently excluded from the City. In this case only, it is just the nickname and not the Citizen themselves that is banned.

Since Cybertown became a subscription site with a 30 Day Free Trial available, some new policies have to be implemented. At the 30 Day Free Trial sign-up information it states, "This offer is only available for new members who create a new nickname." New members means people who have never been a member of or had a nickname in Cybertown. The 30 Day Free Trial is specifically for new visitors to Cybertown to enable them to get a feel for what Cybertown offers. It is not there for ex-members to try and defraud the company or to try and create disruption in Cybertown.

Additionally, the Subscription Agreement that a new member signs when they subscribe a nickname states:

"When you sign up for a Family Rate you affirm that the additional nicknames you are naming are true family members and that if anyone outside of your family is found to be using any of your accounts you will lose your Cybertown membership."

Ex-members or members found to have re-immigrated under the 30 Day Free Trial or members who have included non-family members in a Family Account will get an immediate permanent ban upon discovery. New methods for such discovery are being implemented. In this instance, it is not only the nickname that is being refused further entry into Cybertown but the individual(s) behind that nickname or involved in that family account.

10. Slander/Libel/Defamation/Extreme Harassment:

As Cybertown is a virtual city with a life-like political structure Citizen’s reputations are held in high regard and are extremely important to their continued success within the community. As such, harassment of a Citizen or group in an attempt to defame, libel or discredit their reputation is prohibited. Citizens who continue such behavior, whether in Cybertown or in any other media, after being warned to cease will be removed from Cybertown under Step 6 of the penalty provision of this document. Threatening frivolous suit or other legal action against Cybertown when unwarranted is of course grounds for instant account termination.

Section 2 - Penalties for Infractions:

Cybertown’s goal is to ensure that everyone is able to enjoy the community and is treated fairly. As such, penalties for violating the rules follow a ladder system and increase in severity with each subsequent offense, with permanent exclusion being the method of last resort. Every effort will be made to give the Citizen a chance to reform prior to permanent exile. As stated in the Rules of Conduct, a few actions are considered severe enough to warrant a lengthy exclusion and in those situations the ladder system will not be used and the penalty specified in the Rules of Conduct provision of this document will apply.

Step 1:

A user violating any of the Rules of Conduct will be given a warning if possible. The warning may be issued in the chat, e-mailed, or inboxed to the Citizen as appropriate. In some cases, if in the opinion of the City Officer, the offense is severe enough to warrant stronger action the warning may be skipped and the City Officer shall proceed to Step 2.

In any event, if the Citizen ignores the warning the officer shall proceed to Step 2.

Step 2:

Citizens who ignore the warning may be gagged (hidden) from the chat. A notation will also be placed on the Citizen’s "record" to indicate the reason for the gag and the date it was placed.

If the action warrants it or if the Citizen continues the disruptive behavior after the gag has expired the City Officer shall proceed to Step 3.

Step 3:

The Citizen will be banned for a period not to exceed 3 days. At the discretion of the City Officer this ban may either confine the Citizen to the City Jail or may prohibit the Citizen from entering the community entirely. A notation will also be placed on the Citizen’s "record" of the ban, its reason, and the date it was placed. If at any time prior to the Citizen’s record being cleared another offense is committed, the City Officer shall proceed to Step 4.

Step 4:

The Citizen shall be banned for a period of no less than 7 days and not to exceed 14 days. If the ban is 14 days or longer a notice must be filed with the Citizen’s Equity Review Board (C.E.R.B.) and the citizen should be sent an e-mail (if they have an e-mail address on file) explaining the reason for the ban, and a link to the C.E.R.B. website http://www.cybertowncerb.com/ should be included. A notation will also be placed on the Citizen’s "record" to indicate the reason for the ban and the date it was placed

A fine of $500 CT dollars and a deduction of 500 experience points will be levied against Citizens who have reached the point of a 14-day ban.

If at any time prior to the Citizen’s record being cleared another offense is committed, the City Officer shall proceed to Step 5.

Step 5:

The Citizen shall be banned for a period of 30 days and a notice must be filed with C.E.R.B. The Citizen should be sent an e-mail (if they have an e-mail address on file) explaining the reason for the ban, and a link to the C.E.R.B. website http://www.cybertowncerb.com/ should be included. A notation will also be placed on the Citizen’s "record" to indicate the reason for the ban and the date it was placed.

A fine of $1,000 CT dollars and a deduction of 1,000 experience points will be levied against Citizens who have reached the point of a 30-day ban.

If at any time prior to the Citizen’s record being cleared another offense is committed, the City Officer shall proceed to Step 6.

Step 6:

Step 6 is the method of last resort. At this point all options for the Citizen to reform are considered to have been exhausted. The City Officer shall ban the citizen for 30 days and submit a request to the Security Commissioner or the Security Chief for a permanent ban. The Commissioner or Chief will review the request and, if there is proper evidence to support it, will notify the Mayor, Deputy Mayor, and The Founder. The Mayor or Deputy Mayor shall approve or deny the request. The Founder will, at his option, have veto power over any decision regarding a permanent ban.

If a ban directly involves the Mayor, Deputy Mayor, Security Commissioner, or the Security Chief, the person involved will not participate in the review of the ban but will instead defer the decision to one of the parties allowed to approve and request perm bans that is not involved.

If the request is approved the ban will be set for the maximum length possible. This time will be extended to reflect the current maximum length whenever updates to the City are made. All CT dollars and experience points will be removed from the Citizen. The Citizen will be ineligible to reenter Cybertown for at least 6 months.

Readmission to the City:

Due to the seriousness of infractions that lead to a permanent ban and the amount of documented research that usually precedes one, a permanent ban is ineligible for C.E.R.B. review, however Citizens who have been permanently banned may request, in writing, permission to immigrate back into Cybertown after having served a period of 6 months. Each case will be judged by its own merits and requesting permission does not guarantee acceptance. The 6-month time frame is a 'time-out' period and must run consecutively without any attempts to immigrate to avoid punishment (see Re-entry to Avoid a Ban below). After this period, a person may request permission to immigrate back into Cybertown. An amends letter must accompany the written request for re-entry. This letter must clearly state the intentions of the offender and will be used in part to determine their sincerity for re-entry purposes. The letter must also include a list of damages done by that person and what they have done, or plan to do, to make up that damage (including letters of apology to those damaged) as well as what they will do to ensure no repetition of those damages occurs in the future. The City Council, by majority vote, may request further explanation of that letter prior to its final acceptance. The Founder must be informed of any Council decision to allow a Citizen’s re-entry prior to the Citizen being so informed as the Founder may have additional information relating to the original ban. After all criteria have been met and a citizen is allowed to re-enter Cybertown, he must serve a probation period of 6 months of trouble free co-existence and must follow all established rules and regulations. He/She also gives up the right to claim the name that was used to initiate the original ban if any subsequent entry into the City was made during that time period. Failure to comply may result in legal action. Any major transgression after being re-admitted will result in a permanent ban that cannot be lifted under any circumstances.

Permanent Ban Recourse

If a person has received a permanent ban and truly feels that it was unjust and is also able to produce compelling evidence that supports this, they may petition within 30 days of the ban to receive an Evidentiary Tribunal. If approved, an Evidentiary Tribunal will be set up to study the evidence and make a ruling. If the ban was found to be unjust, the member will have his/her access restored. If the Tribunal feels that its time has been wasted by a frivolous claim, it may issue additional penalties. From time to time the Founder may issue a limited Amnesty at which time some previously banned members may re-apply for re-entry.

Re-entry to Avoid a Ban:

Citizens who are banned (denied permission to enter Cybertown) are expected to remain outside of the City for the duration of the ban. If a Citizen is caught in the City using any other nickname during the term of their ban, they will give up the right to claim the name that was used to initiate the original ban (the original name and/or all with higher experience points will be permanently excluded) and the original ban time plus 14 days will be added to the second and any subsequent nicknames used to enter the City until such time as the citizen has served the entire duration of the ban. This procedure will continue if additional attempts are made to enter the City, with all of the previous names receiving permanent bans.

The only identity allowed to remain will be the newest (with least experience points).  Citizens who attempt to avoid a ban are only allowed to have one identity until after 6 months when they can have their record cleaned.  Even then, however, all they will be allowed to do is create multiple aliases again no identities will be restored.  Only if the citizen abides by the original ban and remains out of the city shall he/she be allowed to have his/her record cleared for all accounts.

City Officers Must be Impartial:

To preserve the integrity of the community, City Officers shall always attempt to make a consistent and impartial decision when reviewing violations of the UBP. No City Officer shall issue a ban when he or she is directly involved in the case. The Officer shall instead log and save the incident and defer the decision to another Officer who is not directly involved.

Enacted Ban Procedure:

Once a ban has been enacted, it can not be altered or removed without the approval of the Mayor, Deputy Mayor, Security Commissioner, Security Chief, or Deputy Security Chief. The Mayor or Deputy Mayor and Founder must approve all permanent ban changes.

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