(a) The City is establishing a nonpublic forum with regard to the City's website as described in Section 177.01(b). Exclusionary criteria for evaluating internet sites may include, but not be limited to, the following:
(1) No links to any organization whose primary purpose is business-for-profit.
(2) No organizations promoting tourism outside the City of North Olmsted. (Exceptions may be made for State-wide tourist organizations whose internet sites include North Olmsted among other content)
(3) No links to sites that offend community standards of decency. Links will not be granted to internet sites containing textual or graphical content that appeals primarily to prurient sexual interests or is obscene, or pornographic.
(4) No links to sites communicating imminent lawless action, false statements of fact, fighting words, profanity, or obscenity.
(5) No links to sites communicating discriminatory or disparaging persons in the basis of race, gender, national origin, age, religion, economic status, handicapped status or sexual orientation.
(b) No Public Forum or Market for Advertising. The City's internet site does not comprise either a public forum for the advocacy, exchange and discussion of opinions, or a free venue for businesses-for-profit to advertise for commercial gain, nor is the City obligated to provide such a forum by virtue of its presence on the internet. In fact, the City may elect at any time, now or in the future, to remove all links to any internet sites and deny all requests for links for an indefinite period.
(c) Removal of Links. The City may, in its sole discretion, remove any link to its internet site at any time, with no notice to the sponsoring organization. Links may be removed for reasons including, but not limited to, the following:
(1) Failure to effectively and positively promote the City's image. The City may remove a link if, in its sole judgment, either the sponsoring organization or its internet site do not effectively and positively promote the City's image or support the goals stated in Section 177.02(b) of this policy;
(2) Evidence of criminal activity. The City may remove a link if information comes to its attention that in the City's sole judgment, compromises evidence of criminal activity, whether or not such activity can be inferred from the organization's website itself;
(3) Publication of injurious, defamatory, or abusive communication attributed to an organization. The City may remove a link if communication comes to its attention that is attributable to the organization or its officers or representatives that in the City's sole judgment, compromises statements that are slanderous, defamatory, abusive or otherwise harmful to individuals or groups, particularly with regard to race, national origin, age, gender, sexual orientation, religion, handicapped status, or political affiliation. The organization's link may be removed for this reason whether or not such negative communication appears on the organization's internet site itself;
(4) Poor technical performance. The City may remove a link if attempts to access the site by the City or any other user reveal poor technical performance (e.g., slow loading or exiting time, incomplete or unclear display of text or graphics, difficulty navigating the site, etc.);
(5) Obsolete information. The City may remove a link if, in the sole judgment of the City, the majority of the information displayed on an internet site is no longer current or relevant, either to the site's stated purpose or the City's goals, as stated in Section 177.02(b).
(d) Disclaimer. The City is not responsible for the content of any internet site to which it grants a link or for the availability of such a site or its content. The City makes no warranty or representation, express or implied, with respect to the quality, content, accuracy, completeness, currency, freedom from computer virus or non-infringement of proprietary rights, of any of the design, information, text, graphics, images, pages, interfaces, links, software or other materials and items contained in or displayed on such sites. All such items and materials are provided on an "as is" basis, and anyone accessing them is fully and solely responsible for their use of them and any consequences and results of the City, and are subject to change without notice from the City. In no event shall the City or its agencies, officers, employees, agents, or representatives be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages arising from anyone accessing or using sites linked to the City's internet site.
(Ord. 2010-105. Passed 9-21-10.)