# POKAGON BAND OF POTAWATOMI INDIANS (2015)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Apokagon_potawatomi%3A614c76d6aefb5ea5

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

POKAGON BAND OF POTAWATOMI INDIANS
BAND SOCIAL MEDIA SITE
USE POLICY
1.

2.

3.

PURPOSE.
(a)

To promote the timely and efficient sharing of accurate information by the Band
through Band Social Media Sites;

(b)

To provide an opportunity for Users to post and comment on Band programs,
services, projects, events, issues and activities, subject to the limitations of this
Policy; and

(c)

To establish policies governing the Use of Band Social Media Sites.

SCOPE.
(a)

This Policy applies to all Users of Band Social Media Sites.

(b)

This Policy does not apply to an Authorized Employee when acting in connection
with the government business of the Band.

DEFINITIONS.
For purposes of this Policy, the below capitalized terms, whether used as stated below or
as a derivative of any such term, shall have the following meanings:
(a)

“Authorized Employee” means the Director of Communications, Social Media
Manager and employees within Band departments who have been authorized to
access a Band Social Media Site of the Band department.

(b)

“Band” means the Pokagon Band of Potawatomi Indians, excluding the Pokagon
Gaming Authority, Mno-Bmadsen, or any wholly owned entities thereof.

(c)

“Band Social Media Site” means a Social Media Site established by or on behalf
of the Band in connection with the government business of the Band.

(d)

“Commercial Use” means use for any promotional or financial gain.

(e)

“Director of Communications” means the Band’s Director of Communications.

(f)

“External Site” means any Social Media Site other than a Band Social Media Site
or any website established by or on behalf of the Band.
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Current through May 11, 2015

4.

(g)

“Freedom of Information Act” means the Band’s Freedom of Information Act.

(h)

“Policy” means this Social Media Site Use Policy.

(i)

“Records” shall have the same meaning as set forth in the Freedom of Information
Act, being “all books, papers, maps, photographs, or other documentary materials,
regardless of physical form or characteristics, including any electronic media and
documents that were made, sent, or received in the course of conducting the
governmental business of the Band.”

(j)

“Records Management Policy” means the Band’s Tribal Records Management
Policy.

(k)

“Social Media” includes web logs (blogs), wikis, micro-blogging sites, social
networking sites, video sharing sites, and bookmarking sites, including without
limitation, Twitter™, Instagram™, Tumblr™, Facebook™ and Youtube™.

(l)

“Social Media Manager” means the Band’s Digital Communication’s Specialist.

(m)

“Social Media Site” means a Social Media website hosted by a third party
provider that facilitates user communication, collaboration or participation,
including through the submission of User Content.

(n)

“Tribal Council” means the governing body of the Band as set forth in Article IX
of the Band’s Constitution.

(o)

“Use” means to access, browse, or otherwise use a Band Social Media Site,
including without limitation, by submitting any User Content.

(p)

“User” means any person who Uses a Band Social Media Site, excluding an
Authorized Employee acting in connection with the government business of the
Band.

(q)

“User Content” means all up-loads, posts or comments to a Band Social Media
Site by a User of any nature whatsoever and regardless of form.

ACCEPTANCE.
(a)

All Users must read this Policy carefully before Using a Band Social Media Site.

(b)

By Using a Band Social Media Site, a User is deemed to have read and accepted
this Policy.
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Current through May 11, 2015

(c)

5.

6.

Any person who does not wish to be subject to this Policy must not, and is not
permitted to, Use a Band Social Media Site.

AMENDMENTS.
(a)

The Band reserves the right to amend this Policy at any time. In such event, the
revised Policy will be posted on or linked to Band Social Media Sites or the
Band’s website located at http://www.pokagonband-nsn.gov.

(b)

All Users are responsible for becoming familiar with any amendments to this
Policy. By Using a Band Social Media Site after any amendment to this Policy, a
User is deemed to have read and accepted this Policy as amended. Any person
who does not wish to be subject to any amendment to this Policy must not, and is
not permitted to, Use a Band Social Media Site after posting or linking as set forth
in subsection 5(a) above.

DISCLAIMER.
(a)

Band Social Media Sites are hosted and controlled by third party providers. Any
Use of Band Social Media Sites is subject to terms and conditions and policies of
such third party providers. For instance, Facebook™ has in effect a Statement of
Rights and Responsibilities that contains terms of service governing its
relationship with users. The Band has no control over the functionality offered
by, and the legal terms governing, Band Social Media Sites, as determined by
third party providers. Accordingly, the Band has no control over and is not
responsible for any content, advertisements and postings that are part of the
environment of Band Social Media Sites, as established by third party providers.

(b)

All Users of a Band Social Media Site do so at their own risk. Band Social Media
Sites are provided on a “AS IS” and “AS AVAILABLE” basis. Without limiting
the foregoing, to the fullest extent permitted by applicable law, THE BAND
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. The Band makes no representations or warranties of any
kind, including without limitation, that Use of a Band Social Media Site will: (1)
be timely and uninterrupted; (2) meet a User’s requirements or expectations; (3)
be free from errors; (4) that defects will be corrected; (5) be free of viruses or
other harmful components; (6) contain only accurate information; or (7) contain
only User Content that is consistent with this Policy. No advice or information,
whether oral or written, obtained from the Band or through a Band Social Media
Site, will constitute a representation or create any warranty or other obligation
enforceable against the Band.
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Current through May 11, 2015

7.

POSTING POLICY.
(a)

Band Social Media Sites are not open public forums for the discussion of all
topics. Rather, all such Band Social Media Sites are limited public forums
designated for a discussion of certain topics.

(b)

Band Social Media Sites are intended to encourage discussion regarding Band
programs, services, projects, events, issues and activities. Users may only initiate
posts, and comment on existing posts, through Band Social Media Sites on the
topics of Band programs, services, projects, events, issues and activities.

(c)

Band Social Media Sites shall not be used:

(d)

(1)

In connection with any Commercial Use, including without limitation, to
submit any bid or business proposal;

(2)

To file any complaint, grievance, notice, process, claim, demand, answer,
or to exhaust any legal or administrative remedy;

(3)

To report any criminal activity; or

(4)

To submit any media inquiry.

All User Content must be related to the discussion of Band programs, services,
projects, events, issues and activities. The following User Content is prohibited:
(1)

Any that is not topically related to Band programs, services, projects,
events, issues and activities;

(2)

Any that is not topically related to the specific post or comment;

(3)

Any that involves Commercial Use, including without limitation, any that
advertises any commercial service, products or entity;

(4)

Any that involves political statements, including without limitation, that
endorses or opposes any political candidate, petition, referenda, or
initiative;

(5)

Any that promotes, fosters or perpetuates discrimination on the basis of
color, age, religion, national origin, gender, marital status, status with
regard to public assistance, physical or mental disability, or sexual
orientation;
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Current through May 11, 2015

8.

(6)

Any that includes vulgar, offensive, threatening, bullying or harassing
language, personal attacks or unsupported accusations;

(7)

Any that involves obscene or sexual content, including nudity, graphic sex
acts or sexually explicit material;

(8)

Any that involves information that may tend to compromise the safety and
security of the public or public systems;

(9)

Any that violates any intellectual property rights of any nature whatsoever
of any third party;

(10)

Any that is illegal or encourages or promotes any illegal activity, including
without limitation, uploading or sharing any User Content that exploits or
abuses children;

(11)

Any that involves any confidential information, including without
limitation, social security numbers, credit card numbers, home addresses,
phone numbers, email addresses, or account passwords; or

(12)

Any that impersonates another person or whose purpose is to deceive or
mislead.

(e)

Band Social Media Sites are moderated by the Band and User Content will be
periodically reviewed. Although the Band will not remove User Content solely
because the Band disagrees with a viewpoint, the Band reserves the right to
remove any User Content that does not comply with this Policy.

(f)

Prior to removing any User Content, an Authorized Employee will take a
screenshot of the original User Content that will be deleted and will prepare and
maintain a description detailing why the User Content was removed.

(g)

Users should be aware that User Content qualifies as Records under, and may be
subject to disclosure in accordance with, the Freedom of Information Act and that
the Band will maintain Records in accordance with the Records Management
Policy.

LINKS.
(a)

As a convenience to Users, the Band may display on Band Social Media Sites
links to External Sites. Additionally, Users may display on Band Social Media
Sites links to External Sites, subject to the limitations and requirements of this
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Current through May 11, 2015

Policy, including without limitation, Section 7. The Band reserves the right to
delete any links to any External Sites at any time without notice.

9.

(b)

When a User navigates away from a Band Social Media Site, including through a
link to an External Site, this Policy will no longer apply, rather the User will be
subject to the terms and conditions and policies of the External Site.

(c)

Users should be aware that External Sites are not offered, controlled or endorsed
by the Band. The Band has no control over and is not responsible for any content,
commercial advertisements and postings that may appear as a result of any link to
an External Site.

(d)

A person or entity may link to a Band Social Media Site without prior
authorization, provided that any such person or entity shall not: (1) in any way
suggest that the Band has any relationship, alliance or affiliation with the person
or entity; (2) in any way suggest that the person or entity is a part of or associated
with the Band; except as expressly authorized by Band law or the Tribal Council;
(3) in any way suggest that the Band endorses, supports, sponsors or recommends
any service, product or information of the linked site; or (4) otherwise link in
connection with any Commercial Use.

(e)

A person or entity may embed content from a Band Social Media Site without
prior authorization, provided that any such person or entity shall not: (1) in any
way suggest that the Band has any relationship, alliance or affiliation with the
person or entity; (2) in any way suggest that the person or entity is a part of or
associated with the Band; except as expressly authorized by Band law or the
Tribal Council; (3) in any way suggest that the Band endorses, supports, sponsors
or recommends any service, product or information of the linked site; (4)
represent or present in any way whatsoever any such content as being developed
by or belonging to the person or entity; or (5) embed such content in connection
with any Commercial Use.

PRIVACY.
(a)

With respect to User Content, the Band follows its Privacy Policy which can be
accessed at http://www.pokagonband-nsn.gov/privacy-policy/. However, the
technology supporting Band Social Media Sites is provided by third party
providers, and Band Social Media Sites are subject to terms and conditions and
policies of such third party providers, including Privacy Policies.

(b)

To protect privacy, Users must not include within the body of any post or
comment any confidential information, including without limitation, social
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Current through May 11, 2015

security numbers, credit card numbers, home addresses, phone numbers, email
addresses, or account passwords.
10.

11.

12.

INTELLECTUAL PROPERTY.
(a)

As between the Band and any User, the Band shall retain all rights, title and
interest in and to all information and material of any nature whatsoever, including
without limitation, all text, graphic images, and other content, which is produced
by or for the Band and is displayed or found upon a Band Social Media Site.

(b)

Use of the Band Name and Seal are subject to the Tribal Seal Use Act. Users
shall only use the Band Name and Seal in accordance with the Tribal Seal Use
Act, which can be found at http://www.pokagonband-nsn.gov/government/codesand-ordinances.

TERMINATION.
(a)

The Band, in its sole discretion, may terminate or cancel any Band Social Media
Site without prior notice or liability.

(b)

The Band may terminate or suspend access to or use of any or all Band Social
Media Sites immediately, without prior notice or liability, if a User violates this
Policy. The Band shall determine the length of termination or suspension based
on the severity of the violation and the number of violations.

(c)

Upon termination or suspension of access to or use of any Band Social Media
Site, a User’s right to access and use the Band Social Media Site shall
immediately cease.

(d)

Termination of a User’s access to or use of a Band Social Media Site shall not
relieve the User of any obligation arising or accruing prior to such termination or
otherwise limit the liability or responsibility of the User.

GENERAL.
(a)

This Policy shall be effective upon approval by the Tribal Council pursuant to the
exercise of the sovereign powers of the Band in accordance with Article IX,
Section 2 of the Band’s Constitution.

(b)

The Tribal Council reserves the right to amend or repeal this Policy at any time in
its sole discretion, subject to applicable Band and federal law.

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Current through May 11, 2015

(c)

Nothing in this Policy is intended, or shall be construed, to waive the sovereign
immunity of the Band or any of its governmental officers, representatives,
employees, or agents.

HISTORY
Social Media Site Use Policy, adopted May 11, 2015 by Tribal Council Motion

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Current through May 11, 2015

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apokagon_potawatomi%3A614c76d6aefb5ea5. Public record. Not legal advice.