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SAMPLE PROVISIONS FOR AN ELECTRONIC RESOURCES POLICY

ELECTRONIC RESOURCES POLICY


Introductory Provision1
The company’s electronic resources — including desktop and
portable computer systems, cellular telephones, personal data assistants
(PDAs), fax machines, Internet access, voicemail, e-mail, instant messaging
(IM), electronic bulletin boards, and its intranet—enable employees quickly
and efficiently to access and exchange information throughout the company
and around the world. When used properly, we believe these resources
greatly enhance employee productivity and knowledge. In many respects,
these new tools are similar to other company tools, such as stationery, file
cabinets, photocopiers, and telephones. Because these technologies are
rapidly changing, it is important to explain how they fit within the company
and within your responsibilities as an employee.
This policy applies to all electronic resources that are owned or leased
by the company, that are used on or accessed from company premises, or
that are used for company business. This policy also applies to all activities
using any company-paid accounts, subscriptions, or other technical services,
such as Internet and Web access, voicemail, and e-mail, whether or not the
activities are conducted from company premises.
Warning
As you use the company’s electronic resources, it is important to
remember the nature of the information created and stored there. Because
they seem informal, e-mail messages, voicemail messages and messages
posted on the Internet are sometimes offhand, like a conversation, and not as
carefully thought out as a letter or memorandum. However, even after you
delete these messages or close a computer session, the information may still
be recoverable and may even remain on the system. You should keep this in
mind when creating e-mail messages, voicemail messages, messages on the
Internet, and other documents on the computer. Moreover, be aware that
technology exists to intercept wireless communications, including cellular
telephone conversations, or to pinpoint the geographical location of the
users of such technology.
Acceptable Uses
The company’s electronic resources are provided for the benefit of the

1 The policies and forms provided are samples only and do not constitute and are not a
substitution for consultation with legal counsel. The law in this area consistently changes and
must be reviewed before implementing any policy in this regard. These sample policies and
forms should not be implemented or executed except on the advice of counsel.
company and its customers, vendors, and suppliers. These resources are
provided for use in the pursuit of company business and are to be reviewed,
monitored, and used only in that pursuit, except as otherwise provided in
this policy.
Employees should use the company’s electronic resources with the
understanding that these resources are provided for the benefit of the
company’s business. Accordingly, employees should use the company’s
electronic resources to further the company’s ability to conduct its business
and in a manner that is consistent with performance of their duties and
responsibilities. Employees should never use the firm’s electronic resources
for personal use in a manner that interferes with work or any responsibilities
to customers, vendors, suppliers, or colleagues. All employees are
responsible for ensuring that they use the company’s electronic resources in
an effective, ethical, and lawful manner.
Unacceptable Uses
The company’s electronic resources should not be used for personal
gain or the advancement of individual views. Employees who wish to
express personal opinions on the Internet are encouraged to obtain a
personal account with a commercial Internet Service Provider and to access
the Internet without using company resources. Employee postings are not
permitted on the company’s intranet or electronic bulletin board.
Employees are permitted to use the company’s electronic resources
for occasional non-work-related purposes during nonworking time (e.g.,
during breaks and before or after working hours). Your use of the
company’s electronic resources must not interfere with your productivity,
the productivity of any other employee, or the operation of the company’s
electronic resources. Employees may not play games on the company’s
computers and other electronic resources. Employees may not access
nonbusiness-related websites or commercial websites unless necessary for
business purposes and authorized by their direct manager.
You should not send e-mail or other communications that either mask
your identity or indicate that they were sent by someone else. You should
never access any electronic resources using another employee’s password.
Similarly, you should only access the libraries, files, data, programs, and
directories that are related to your work duties. Unauthorized review,
duplication, dissemination, removal, installation, damage, or alteration of
files, passwords, computer systems or programs, or other property of the
company, or improper use of information obtained by unauthorized means,
is prohibited.
Employees are prohibited from using the company’s electronic
resources for the transmission or receipt of any information in violation of
federal, state or local laws or regulations, including trade secrets.
Sending, saving, or viewing offensive material is prohibited.
Messages stored or transmitted by computer, voicemail, e-mail, or telephone
systems must not contain content that may reasonably be considered
offensive to any employee. Offensive material includes, but is not limited to,
pornography, sexual comments, jokes or images, racial slurs, gender-specific
comments, or any comments, jokes, or images that would offend someone
on the basis of his or her race, color, creed, sex, age, national origin, or
ancestry, physical or mental disability, veteran status, as well as any other
category protected by federal, state, or local laws. Any use of the
Internet/Web, intranet, or electronic bulletin board to harass or discriminate
is unlawful and strictly prohibited by the company. Violators will be subject
to discipline, up to and including termination of employment.
The company does not consider conduct in violation of this policy to
be within the course and scope of employment or the direct consequence of
the discharge of one’s duties. Accordingly, to the extent permitted by law,
the company reserves the right not to provide a defense or pay damages
assessed against employees for conduct in violation of this policy.

Access to Information
The company asks you to keep in mind that when you are using the
company’s computers you are creating company documents using a
company asset. The company respects the individual privacy of its
employees. However, that privacy does not extend to an employee’s
work-related conduct or to the use of company-provided electronic
resources or supplies.
The company’s computer, voicemail, e-mail, or telephone systems,
and the data stored on them are and remain at all times the property of the
company. As a result, computer data, voicemail messages, e-mail messages,
and other data are readily available to numerous persons. If, during the
course of your employment, you perform or transmit work on the
company’s computer system and other electronic resources, your work may
be subject to the investigation, search, and review of others in accordance
with this policy.
All information, including e-mail messages and files, that are created,
sent, stored, or retrieved over the company’s electronic resources is the
property of the company, and should not be considered private or
confidential. Employees have no right to privacy as to any information or
file transmitted or stored through the company’s computer, voicemail,
e-mail, or telephone systems. Any electronically stored information that you
create, send to, or receive from others may be retrieved and reviewed when
doing so serves the legitimate business interests and obligations of the
company. Employees should also be aware that, even when a file or message
is erased or a visit to an Internet or website is closed, it is still possible to
recreate the message or locate the website. The company reserves the right to
monitor your use of its electronic resources at any time and to inspect and
screen all of the company’s electronic resources and all information
contained therein without prior notice to employees. These inspections and
searches may be conducted during or outside business hours and in the
presence or absence of the employee. All information including text and
images may be disclosed to law enforcement or to other third parties
without prior consent of the sender or the receiver.
Confidential Information
E-mail and Internet/Web access are not entirely secure. Others
outside the company may also be able to monitor your e-mail and
Internet/Web access. For example, Internet sites maintain logs of visits from
users; these logs identify which company, and even which particular person,
accessed the service. If your work using these resources requires a higher
level of security, please ask your manager or the IT department for guidance
on securely exchanging e-mail or gathering information from sources such
as the Internet or World Wide Web.
All employees should safeguard the company’s confidential
information, as well as that of customers and others, from disclosure. Do not
access new voicemail or e-mail messages with others present. Messages
containing confidential information should not be left visible while you are
away from your work area. E-mail messages containing confidential
information should include the following statement, in all capital letters, at
the top of the message:
THIS E- MAIL MAY CONTAIN CONFIDENTIAL OR PROPRIETARY
MATERIAL FOR THE SOLE USE OF THE INTENDED RECIPIENT. ANY
REVIEW, USE, DISTRIBUTION OR DISCLOSURE BY OTHERS IS
STRICTLY PROHIBITED. IF YOU ARE NOT THE INTENDED RECIPIENT,
OR AUTHORIZED TO RECEIVE THE INFORMATION FROM THE
RECIPIENT, PLEASE CONTACT THE SENDER BY REPLY E- MAIL AND
DELETE ALL COPIES OF THIS MESSAGE.

Security of Information
Although you may have passwords to access computer, voicemail,
and e-mail systems, these electronic resources belong to the company, are to
be accessible at all times by the company, and are subject to inspections by
the company with or without notice. The company may override any
applicable passwords or codes to inspect, investigate, or search an
employee’s files and messages. All passwords must be made available to the
IT Department. You should not provide a password to other employees or to
anyone outside the company and should never access any electronic
resources using another employee’s password.
In order to facilitate the company’s access to information on its
electronic resources, you may not encrypt or encode any voicemail or e-mail
communication or any other files or data stored or exchanged on company
systems without the express prior written permission from the IT
department and your manager. As part of this approval, the IT department
will indicate a procedure for you to deposit any password, encryption key or
code, or software with the IT department so that the encrypted or encoded
information can be accessed in your absence.
Employees should not open e-mail attachments that arrive
anonymously, that have strange subject titles, or that contain multiple
forwards. If employees are unsure about the safety or content of an e-mail
attachment, they must consult with the IT department before opening the
attachment.
Copyrighted Materials
You should not copy or distribute copyrighted material (e.g.,
software, database files, documentation, articles, graphics files, and
downloaded information) through the e-mail system or by any other means
unless you have confirmed in advance from appropriate sources that the
company has the right to copy or distribute the material. Failure to observe a
copyright may result in disciplinary action by the company as well as legal
action by the copyright owner. Any questions concerning these rights
should be directed to your manager.
The Company’s Software Policy
If you want to install software on company computers, you must
contact the IT department and request to have the software installed.
Employees are prohibited from downloading or installing any software on
any company electronic resource without the express prior written
permission of the IT department.
Involving the IT department ensures that the company can manage
the software on company systems, prevent the introduction of computer
viruses, and meet its obligations under any applicable software licenses and
copyright laws. Computer software is protected from unauthorized copying
and use by federal and state law; unauthorized copying or use of computer
software exposes the company and the individual employee to substantial
fines and exposes the individual employee to imprisonment. Therefore,
employees may not load personal software onto the company’s computer
system and may not copy software from the company for personal use.
The company will cooperate with the copyright holder and legal
officials in all copyright matters.
Your Responsibilities
Each employee is responsible for the content of all text, audio, or
images that they place or send over the company’s electronic resources.
Employees may access only files or programs, whether computerized or not,
that they have permission to enter.
Violations of any guidelines in this policy may result in disciplinary
action up to and including termination. In addition, the company may
advise appropriate legal officials of any illegal violations and cooperate in
investigations conducted by legal officials.
Company-Provided Cellular Phones
Where job or business needs demand immediate access to an
employee, the Company may issue a business cellular telephone to an
employee for local and long-distance work-related communications. The
company-provided cellular telephone should be used for work-related
communications only.
In general, the Company expects employees to use common sense
and sound judgment when utilizing a company-provided cellular telephone.
Because cellular telephone transmissions may be accessible by individuals
outside of the Company, employees should not transmit sensitive or
confidential information via cellular telephone. The confidentiality of
conversations conducted on a cellular telephone or voicemail should not be
assumed.
Employees in possession of company equipment such as cellular
phones are expected to protect the equipment from loss, damage or theft.
Upon resignation or termination of employment, or at any time upon
request, the employee may be asked to produce the cellular telephone for
return, replacement or inspection. Employees unable to present the cellular
phone in good working condition within the time period requested may be
required to bear the cost of a replacement.
Employees who separate from employment with outstanding debts
for equipment loss or unauthorized charges and who do not provide
repayment or replacement will be considered to have left employment on
unsatisfactory terms, as well as subject to legal action for recovery of the
loss.
Employee’s Personal Cellular Phones
While at work, employees are expected to apply the same policy in
using their personal cellular phones as is expected for personal telephone
calls as described in the Company Handbook.
If an employee brings a personal cellular telephone on to Company
property, the phone should remain on the “off” or “vibrate” mode during
Safety Issues for Cellular Telephone Users
Employees whose job responsibilities include regular or occasional
driving, and who are issued a Company cellular telephone for business-
related work use, are expected to put safety first before all other concerns.
Employees whose job responsibilities do not specifically include driving as
an essential function, but who are issued a Company provided cellular
telephone for business use, are also expected to abide by the provisions
herein.
To promote ergonomic considerations and additional safety, the
Company will provide or reimburse employees who are assigned a
Company provided cellular telephone for the purchase of appropriate
“hands-free” cellular telephone accessories.
It is recommended that employees who are driving during the course
of their Company work refrain from using their phone while driving. Special
care should be taken in situations where there is traffic, inclement weather
or the employee is driving in an unfamiliar area. Business-related cellular
telephone conversations while driving should be minimized in number and
length of conversation. Whenever possible, pull off the road and stop the car
if a conversation becomes either extended or intense.
Employees who are charged with traffic violations resulting from the
use of their personal or company-issued cellular telephone while driving
will be solely responsible for all liabilities, fines, and other adverse
consequences that result from the traffic violation.
Personal Phone Calls
Personal calls during working hours, regardless of the phone used,
interfere with employee productivity and are distracting to others.
Employees are to make all personal calls during nonwork time (rest
or meal periods) and asked to ensure that any persons who may call you
while at work are aware of the Company policy and procedure for
emergency calls. Human Resources staff are available to assist with
communicating emergencies. Flexibility will be provided in circumstances
demanding immediate attention or emergencies.
Camera Phones
Under no circumstances are cellular telephones with camera or video
capability to be brought onto the Company’s premises, or to be used by an
employee within the employee’s job responsibilities, without the express
prior written consent of Company management.
Headphones and Earphones
No headphones or earphones may be used by an employee during
the time of the performance of the employee’s duties without the express

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