Agency Technologies: Infrastructure

If you provide Internet and e-mail access to your employees, you should consider having your employees sign and agree to an Internet/E-mail Usage Agreement. However, prior to using the agreement found below, we strongly recommend that you consult with your attorney to customize this agreement to not only meet your unique business practices, but also to comply with the laws of your jurisdiction. If you do not have an attorney, a list of ASTA member attorneys can be found on ASTAnet. AMSI Attorney Program participant Mark Pestronk created the following Sample E-mail/Internet Usage Agreement.

Sample All-Purpose E-Mail and Internet Usage Agreement
for Employees

EMPLOYEE E-MAIL AND WEB USAGE POLICY

This Employee E-mail and Web usage Policy establishes the terms and conditions for the proper use of email and Internet access and the computer hardware and software that support such access (collectively the "System") by all Company employees.

1. No Privacy: All words or images stored or transmitted via the System are the sole property of Company. You waive any expectation of privacy with respect to anything you create, store, send, or receive in connection with your use of the System. Company has the right to access, audit, and monitor any communication or information you create, store, send, or receive in connection with your use of the System. Information obtained in the course of such access, auditing, and monitoring of the System may be used or disclosed by Company, at its sole discretion or elect1on, and provided to third patties to comply with laws, regulations, court orders, subpoenas, or other governmental procedures without notice to you.

2. Authorized Usage: You are authorized to use the System to communicate with clients, fellow employees, and suppliers, and to gather information needed for you to assist clients.

3. No Misuse: Any misuse of the System is expressly prohibited. "Misuse" is:

a. Non-Business Purposes: Using the System for non-business purposes, such as the dissemination of chain letters, spam, playing of computer games, personal web "surfing", “Instant Messaging”, any use of the System for personal profit or business, and other activities not conducted solely for the purpose of Company business.

b. Inappropriate Content: Using the System to send, receive, print, display, perform, or otherwise disseminate material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, offensive, vulgar, threatening, or malicious. This includes sexual comments or images, racial comments, gender-specific comments, or any comment that would offend someone on the basis of age, sexual orientation, religious belief, national origin, or disability.

c. Infringement of Proprietary Rights: Using the System to copy, send, receive, print, display, or otherwise disseminate publications, files, graphics, software, or other materials that actually or potentially infringes the copyright of any person.

d. Unauthorized Access: Attempting to access a part of the System assigned to another person or for which you have not been granted authorized access, or using or otherwise undermining or circumventing security devices, procedures, or access restrictions within the System or anywhere else via the System.

e. Software: Downloading, using, or installing any unauthorized software programs or data, including instant messaging programs, music downloads, games, time or logic bombs, lockout or disabling devices or code, Trojan horses, viruses, or worms.

f. Confidential Information: Using the System to copy, send, receive, print, display, or otherwise disseminate data that contains or includes confidential, trade secret or proprietary information of either Company or its clients, such as profiles and PNRs, without authorization or to any person who is not authorized to receive such data.

g. Encryption: Installation or use of any encryption without taking precautionary measures to ensure that Company: (i) has copies of all encryption software used and the specific code, key, and password you used to encrypt the data; and (ii) will be able to access the encrypted or encoded data.

h. Other: Using the System to engage in any other activity deemed by Company to be in conflict with the spirit and intent of this Policy.

4. Message Retention: Company may be required to produce e-mail in litigation. Therefore, you should be careful m creating e-mail. Even when a message has been deleted, it may still exist in printed version, be recreated from a back-up system, or may have been forwarded to someone else. Please note that appropriate electronic messages may need to be saved.

5. Virus Detection: You must scan or screen for viruses all data, files, graphics, and software that you download from the Internet or open as email attachments.

6. Changes to Policy: Company may, from time to rime, amend or modify this Policy. In such event, you will be provided with a written or electronic copy of the amended or modified Po1icy. Your use of the System after being provided with such amended or modified Policy shall be deemed to be with full knowledge and acceptance of all terms therein.

I HAVE READ, UNDERSTAND AND UNCONDITIOANALLY AGREE TO COMPLY WITH ALL OF THE PROVISIONS OF THIS POLICY. I UNDERSTAND THAT ANY VIOLATION OF THIS POLICY SHALL BE GROUNDS FOR DISCIPLINE, INCLUDING, WITHOUT LIMITATION, REVOCATION OF ACCESS PRIVILEGES, DISMISSAL AND POSSIBLE LEGAL ACTION.

{Employee should sign and date, and management representative should note the date it was received and signed.}