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This is a model agreement. Review and alter if necessary to suit your needs. COMPANY POLICY ON EMPLOYEE USE OF E-MAIL AND INTERNET Purposes The purposes of the Company’s computer and other electronic systems, including, but not limit ed to, electronic mail ["e-mail"] and the Internet, are to provide an efficient and effective means of internal and external communications, and to improve work productivity and work product. This policy addresses access to and the disclosure of information from such electronic systems. Among other things, this policy is intended to guide Company employees, volunteers, and contrac tors in the performance of their duties. This policy serves as notice to the employees, volunteers, and contractors of the Company that all data, including any that is stored or printed as a document, is subj ect to audit and review. There is no expectation of personal privacy in the use of the Internet and e-mail systems when using computers or services provided by the Company. Finally, this policy serves to delineate acceptable uses of the Internet and e-ma il systems by Company employees, volunteers, and contractors [collectively also referred to as "users" or “employees”] while using equipment, facilities, Internet addresses, domain names, and/or e-mail services registered to or provide d by the Company. It seeks to ensure that the use of the Internet and e-mail systems by Company employees, vol unteers, or contractors while conducting work for the Company and/or while using Company provided systems is consistent with the Company policies, all applicable laws, and the individual user's job responsibilities. Statement of Policy The Company promotes Internet and e-mail use that enables employees, volunteers and, contractors to perform Company missions and encourages its employees, volunteers, and contractor personnel to develop Internet and e- mail skills and knowledge. It is expected that employees will use the Internet a nd e-mail to improve their job knowledge; to access scientific, technical, and other information on topics that have relevance to the Company; and to communicate on matters of relevance to their work for the Company. (a) Responsible Use: Users are advised not to use the Internet or e-mail systems for any purpose that would reflect negatively on the Company or its employees. (b) Property of the Company: The Company's electronic mail and Internet systems are business tools. These systems shall be used in a professional manner for legitimate business purposes only and, at all times, remain the property of the Company. (c) Scope: This policy applies to: (1) All technical resources that are owned or leased by the Company that are used on or a ccessed from Company premises, or that are used for Company business. This policy also applies to all acti vities using any Company-paid accounts, subscriptions, or other technical services, such as Internet access and e-mail, whether or not the activities are conducted from Company premises; and (2) All full or part-time employees of the Company and volunteers and contractors who are authorized by their supervisors to use Company resources. (d) Information is Not Private: The Company computers and the data stored on them are, and remain at all time s, the property of the Company. As such, all messages created, sent, or retrieved over the Int ernet or the Company’s electronic mail systems are the property of the Company, and should not be considered private information. Employees have no right to privacy as to any information or file transmitted through or stored on the Company's computer systems, electronic mail, or other technical resources. (e) Use With Respect for Others: Access to the Internet via Company resources and use of Company provided e- mail must only be for Company purposes. To that end, the use shall not disrupt or interfere with the work of other network users, adversely affect the operation of the Internet or the Company's own internal network, or misrepresent the interests of the Company. (f) Monitoring and Disclosure: The Company reserves the right to access, retrieve, read and disclose any data, messages or files stored on Company-funded systems for any purpose. Employees should be aware that, even when a message is erased or a visit to a web site is closed, it is still possibl e to recreate the message or locate the web site. The Company reserves the right to monitor use of these systems to prevent abuse, enforc e other policies, and access information. Access may occur in, but is not limited to, situations indicating: (1) impropriety, (2) violation Company policy, (3) legal requirements, (4) suspected criminal activitie s, (5) breach of system security, or (6) to locate substantive information or monitor employee performance and conduct. T he contents of these systems may be disclosed by Company Management within or outside of the Company wi thout employee permission. Furthermore all communications including text and images may be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver. The Company has unlim ited access to protect the security of these systems or the Company's property rights. (g) Consent: All Company employees, who are provided with access to the Company's e-mail system, Int ernet, or other electronic systems are required to abide by the Company's policy contained here a nd in other relevant documents. Use of the Internet The Company provides Internet access to employees for their use in performing their duties for the Company. All employees of the Company are responsible for using Internet resources in an effective, ethica l, and lawful manner. It is the Company’s policy that the Internet resources, like other Company assets, be used for the benefit of the Company. All Internet use should be congruent with the Company's overall policies. T he Company reserves the right to monitor and/or log all network activity with or without notice, i ncluding all web site communications, and therefore, users should have no expectations of privacy in the use of these resources. Use of the system in violation of this or other Company policies is prohibited and may lea d to disciplinary action, up to and including termination. (a) Uses that are acceptable and encouraged: (1) Communications and information exchanges directly relating to the mission, charter a nd work tasks of the Company, (2) Announcements Company procedures, meetings, policies, services, or activities; (3) Use for advisory, standards, research, analysis, and professional society or development activitie s related to the user's Company job-related duties; and (4) Use in applying for or administering grants or contracts for Company research programs.(b) Uses that are unacceptable: It is unacceptable for a user to access, use, submit, publish, display, download, save, or transmit on the network, or on any computer system, any information which: (1) Violates or infringes on the rights of any other person, including the right to privacy; (2) Contains defamatory, false, inaccurate, abusive, obscene, pornographic, profane, sexually oriented, threatening, racially offensive, or otherwise biased, discriminatory, or illegal material; (3) Violates Company regulations prohibiting sexual harassment; (4) Restricts or inhibits other users from using the system, or the efficiency of the computer systems, (5) Encourages the use of controlled substances or uses the system for the purpose of criminal intent; or (6) Uses the system for any other illegal purpose. (c) It is also unacceptable for a user to use the facilities and capabilities of the system to: (1) Conduct any non-approved business; (2) Solicit the performance of any activity that is prohibited by law; (3) Transmit material, information or software in violation of any local, state or federal law; (4) Conduct any political activity; (5) Conduct any non-Company-related fund raising or public relations activities; (6) Engage in any activity for personal gain or personal business transactions, or (7) Make any unauthorized purchases. (d) Copyrighted Material: Users may download copyrighted material, but its use must be strictly within the agreement as posted by the author or current copyright law. The federal Copyright Act at 17 U. S. C. 10 1 et seq. (1988), protects and prohibits misuse of all original works of authorship in any tangible medium of expression. This includes a prohibition on plagiarism (using someone else's ideas or writing and passing it on as one's own). (e) E-Mail: Internet e-mail is considered network activity, thus, it is subject to all policie s regarding acceptable/unacceptable uses of the Internet as well as the Company's e-mail policy. Users should not consider Internet e-mail to be either private or secure. (f) Passwords: Access to the Internet may require a password and authorized employees are prohibited from giving their password to any other person, except as provided in this policy. The password remains the property of the Company, and all passwords must be disclosed to the Information Systems Manager. Uses of E-mail System The Company provides an e-mail system to employees for their use in performing their dut ies for the Company. All employees of the Company are responsible for using the e-mail system in an effecti ve, ethical, and lawful manner. It is the Company policy that the e-mail system, like other Company asse ts, be used for the benefit of the Company. All e-mail use should be congruent with the Company's overall policies. The Company reserves the right to monitor and/or log all network activity with or without notice, including all web site communications, and therefore, users should have no expectations of privacy in the use of these resources. Use of the syste m in violation of this or other Company policies is prohibited and may lead to disciplinary action, up to and including termination. (a) The Company's e-mail system is for official Company business and it shall be unacce ptable to use the system for unrelated purposes, including but not limited to, the following: (1) To send or receive "chain" or similar type "letters." (2) To send or receive documents in violation of copyright or other laws. (3) To knowingly open mail not directed to you. Except to the extent that Company reserves the right to access and review all electronic uses and records, e-mail messages are confidential. (4) To send messages in violation of the Company’s security policies. (5) To forward electronic messages without a legitimate business purpose under circumstances likely to lead to embarrassment of the sender or to violate the clearly expressed desire of the sender to restrict additional dissemination. (6) To send messages that are false or misleading, inaccurate, abusive, obscene, pornographic, profa ne, sexually oriented, threatening, offensive, discriminatory, or illegal, including but not limited to sending messages under an assumed name or with the intent to obscure the origin of the message. (7) To solicit or proselytize for commercial ventures, religious or political causes, outsi de organizations or other non-job related solicitations. (b) Avoid "carbon copying" individuals who have no direct involvement or “need-to-know.” Likewise, e-mail to all users should only be used on very rare occasions when every person on the system has a direct need to know. (c) Avoid "forwarding" e-mail to a third party unless necessary (see "carbon copying"). When forwarding, explain the reason for the forwarding action and edit out any potentially inappropriate cont ents. If in doubt about the appropriateness of forwarding a given piece of mail, check with the originator for guidance. (d) When sending an e-mail requiring "action," be sure to indicate which "TO" addressee(s) is/ are to take the action. (e) Do not "say" anything in an e-mail message that could prove embarrassing or compromising to you or others. Each employee is responsible for the content of all text, audio, or images they transmit. (f) Avoid potentially contentious exchanges through e-mail. (g) Confidential and sensitive information, such as performance reviews, disciplinary and/or c orrective actions, attorney-client privileged information, personnel information, and health or medical informat ion should not be communicated via e-mail. (h) Communications which would be inappropriate under other Company policies are equally unac ceptable if delivered via electronic communication. These communications may include, but are not limited to, harassing or discriminatory comments, breaches of confidentiality, and insubordinate statements. (i) Use your common sense in determining when to use e-mail, in what is said, and to whom. Remember that no electronic communication is private and the Company reserves the right to monitor a nd review all communications originating from or entering its computer systems. Security and Virus Protection (a) E-mail and/or Internet access may utilize passwords for security; however employees shoul d be aware that the reliability of such tools for maintaining confidentiality cannot be guaranteed. Additional ly all passwords must be made known to the Company, through the Information Systems Manager. (b) To prevent computer viruses from being transmitted through the system, employees are not perm itted to download any software onto their computer or any drive in that computer or on the network. When downloading a file or opening an e-mail attachment, users must scan all materials with Company provided virus protection software. Additional consideration of policies established by the Information Systems Manager should be used in determining how to handle potentially damaging e-mails or files. Enforcement This policy is intended to be illustrative of the range of acceptable and unacceptable uses of the Internet and e- mail systems provided by the Company of and is not necessarily exhaustive. Questions about speci fic uses should be directed to the user's supervisor. The supervisor shall consult the Information Systems Manager to determine of any policy violation has occurred. Immediately upon implementation of this policy, supe rvisors will be responsible to provide a copy of this policy to, and collect signed consent forms from, all em ployees who currently have access to the Company's Internet or e-mail systems. Prior to authorizing new access, the supervisor is responsible to provide a copy of this policy to, and collect signed consent forms from all employees who will have access to the Company's Internet or e-mail systems. The supervisor will review alleged or suspected violations of the policy and clear violat ions may result in disciplinary actions. Any user violating these provisions or applicable local, state or federa l laws is subject to immediate loss or restrictions of Internet/e-mail privileges, additional disciplinary actions, up to and including termination of employment, and/or criminal prosecution. Consent Agreement As a condition of employment, all Company employees must acknowledge that all computer and electronic systems, including but not limited to, electronic mail and Internet network acti vity are the property of the Company, and therefore, they should not consider any activity to be private. Current users of the C ompany's Internet or e-mail systems must sign the consent form provided, within thirty (30) days of receiving a copy of this policy. Prior to obtaining new access to Internet or e-mail systems provided by the Company, employees must sign the consent form provided. By signing the consent form, users acknowledge that they have receive d a copy of the policy, read it, and understand the Company's Policy and the potential penalties for non-compliance. ----------------------------------------------------------------------------------------------------------------------------------------- ------------- Company Consent Form on Employee Use of E-Mail, Internet, and other Electronic Systems I, _____________________________, have read the Company's Policy on Employee Use of E-Mail, Internet, and other Electric Systems and agree to comply with all of its terms and conditions. I unde rstand and agree that all computer and electronic activity, including but not limited to, electronic m ail and Internet network activity, being conducted with Company resources is the property of the Company. I acknowledge and consent to the Company's right to monitor, log, access, and review all such activity, with or without noti ce. Therefore, I have no expectation of privacy in the use of these resources. I understand that such monitoring may include printing and reading all electronic mail and data entering, leaving or stored on the Company's equi pment. Finally, I understand that violation of this Policy may subject me to discipline, up to and including, te rmination of employment by my employer. ________________________________________ ___________________________ Employee Signature Date ________________________________________ ___________________________ Employee Name Department ________________________________________ ___________________________ Supervisor Signature Date ________________________________________ Supervisor Name and Title