The use of XYZ Company (Company) automation systems, including computers, fax machines, and all forms of Internet/Intranet access, is for company business and is to be used for authorized purposes only. Brief and occasional personal use of the electronic mail system or the Internet is acceptable as long as it is not excessive or inappropriate, occurs during personal time (lunch or other breaks), and does not result in expense to the Company.

Use is defined as "excessive" if it interferes with normal job functions, responsiveness, or the ability to perform daily job activities. Company automation systems are Company resources and are provided as business communications tools. Electronic communication "should not be used to solicit or sell products, distract coworkers, or disrupt the workplace." (See the XYZ Company Human Resources Handbook "Standards of Conduct").

Use of Company computers, networks, and Internet access is a privilege granted by management and may be revoked at any time for inappropriate conduct including, but not limited to:

• Sending chain letters;
• Engaging in private or personal business activities;
• Misrepresenting oneself or the Company;
• Engaging in unlawful or malicious activities;
• Using abusive, profane, threatening, racist, sexist, or otherwise objectionable language in either public or private messages;
• Sending, receiving, or accessing pornographic materials;
• Becoming involved in partisan politics;
• Causing congestion, disruption, disablement, alteration, or impairment of Company networks or systems;
• Infringing in any way on the copyrights or trademark rights of others;
• Using recreational games; and/or
• Defeating or attempting to defeat security restrictions on company systems and applications.

Using Company automation systems to create, view, transmit, or receive racist, sexist, threatening, or otherwise objectionable or illegal material is strictly prohibited. "Material" is defined as any visual, textual, or auditory entity. Such material violates the Company anti-harassment policies and is subject to disciplinary action. The Company's electronic mail system must not be used to violate the laws and regulations of the United States or any other nation or any state, city, province, or other local jurisdiction in any way. Use of company resources for illegal activity can lead to disciplinary action, up to and including dismissal and criminal prosecution.

Unless specifically granted in this policy, any non-business use of the Company's automation systems is expressly forbidden.

If you violate these policies, you could be subject to disciplinary action up to and including dismissal.

The Company owns the rights to all data and files in any computer, network, or other information system used in the Company. The Company reserves the right to monitor computer and e-mail usage, both as it occurs and in the form of account histories and their content. The Company has the right to inspect any and all files stored in any areas of the network or on any types of computer storage media in order to assure compliance with this policy and state and federal laws. The Company will comply with reasonable requests from law enforcement and regulatory agencies for logs, diaries, archives, or files on individual computer and e-mail activities. The Company also reserves the right to monitor electronic mail messages and their content. Employees must be aware that the electronic mail messages sent and received using Company equipment are not private and are subject to viewing, downloading, inspection, release, and archiving by Company officials at all times. No employee may access another employee's computer, computer files, or electronic mail messages without prior authorization from either the employee or an appropriate Company official.

The Company has licensed the use of certain commercial software application programs for business purposes. Third parties retain the ownership and distribution rights to such software. No employee may create, use, or distribute copies of such software that are not in compliance with the license agreements for the software. Violation of this policy can lead to disciplinary action, up to and including dismissal.

As noted above, electronic mail is subject at all times to monitoring, and the release of specific information is subject to applicable state and federal laws and Company rules, policies, and procedures on confidentiality. Existing rules, policies, and procedures governing the sharing of confidential information also apply to the sharing of information via commercial software. Since there is the possibility that any message could be shared with or without your permission or knowledge, the best rule to follow in the use of electronic mail for non-work-related information is to decide if you would post the information on the office bulletin board with your signature.

It is a violation of Company policy for any employee, including system administrators and supervisors, to access electronic mail and computer systems files to satisfy curiosity about the affairs of others. Employees found to have engaged in such activities will be subject to disciplinary action.

Users are expected to communicate with courtesy and restraint with both internal and external recipients. Electronic mail should reflect the professionalism of the Company and should not include language that could be construed as profane, discriminatory, obscene, sexually harassing, threatening, or retaliatory.

It is recommended that using all capital letters, shorthand, idioms, unfamiliar acronyms, and slang be avoided when using electronic mail. These types of messages are difficult to read.

Electronic mail messages received should not be altered without the sender's permission; nor should electronic mail be altered and forwarded to another user and/or unauthorized attachments be placed on another's electronic mail message.

This policy applies to all uses of the Internet, but does not supersede any state or federal laws or company policies regarding confidentiality, information dissemination, or standards of conduct. The use of Company automation systems is for business purposes only. Brief and occasional personal use is acceptable as long as it is not excessive or inappropriate, occurs during personal time (lunch or other breaks), and does not result in expense to the Company.

Use is defined as "excessive" if it interferes with normal job functions, responsiveness, or the ability to perform daily job activities. Examples of inappropriate use are defined in "Inappropriate Use of the Internet/Intranet". Managers determine the appropriateness of the use and whether such use is excessive.

The Internet is to be used to further the Company's mission, to provide effective service of the highest quality to the Company's customers and staff, and to support other direct job-related purposes. Supervisors should work with employees to determine the appropriateness of using the Internet for professional activities and career development. The various modes of Internet/Intranet access are Company resources and are provided as business tools to employees who may use them for research, professional development, and work-related communications. Limited personal use of Internet resources is a special exception to the general prohibition against the personal use of computer equipment and software.

Employees are individually liable for any and all damages incurred as a result of violating company security policy, copyright, and licensing agreements.

All Company policies and procedures apply to employees' conduct on the Internet, especially, but not exclusively, relating to: intellectual property, confidentiality, company information dissemination, standards of conduct, misuse of company resources, anti-harassment, and information and data security.

Violation of these policies and/or state and federal laws can lead to disciplinary action, up to and including dismissal and possible criminal prosecution.

Use of Company computer, network, or Internet resources to access, view, transmit, archive, or distribute racist, sexist, threatening, or otherwise objectionable or illegal material is strictly prohibited. "Material" is defined as any visual, textual, or auditory item, file, page, graphic, or other entity. Such material violates the Company's anti-harassment policies and is subject to company disciplinary action.

No employee may use the Company's Internet/Intranet facilities to deliberately propagate any virus, worm, Trojan horse, trap-door program code, or other code or file designed to disrupt, disable, impair, or otherwise harm either the Company's networks or systems or those of any other individual or entity.

The Company's Internet/Intranet facilities and computing resources must not be used to violate the laws and regulations of the United States or any other nation or any state, city, province, or other local jurisdiction in any way. Use of Company resources for illegal activity can lead to disciplinary action, up to and including dismissal and criminal prosecution.

The Company owns the rights to all data and files in any information system used in the Company. Internet use is not confidential and no rights to privacy exist. The Company reserves the right to monitor Internet/Intranet usage, both as it occurs and in the form of account histories and their content. The Company has the right to inspect any and all files stored in private areas of the network or on any types of computer storage media in order to assure compliance with this policy and state and federal laws. The Company will comply with reasonable requests from law enforcement and regulatory agencies for logs, diaries, archives, or files on individual Internet activities.

Existing rules, policies, and procedures governing the sharing of work-related or other confidential information also apply to the sharing of information via the Internet/Intranet. Please refer to the appropriate program handbook [Name of Handbook], the Confidentiality Guidelines, and the Company rules regarding the release of confidential information. The Company has taken the necessary actions to assure the safety and security of our network. Any employee who attempts to disable, defeat, or circumvent Company security measures is subject to disciplinary action, up to and including dismissal.

Again, it is not recommended to simply adopt this sample policy for your situation without first seeking the advice of an employment law attorney. There is almost an infinite variety of policies for various kinds of workplaces and different kinds of situations. Moreover, the laws vary widely from state to state in some areas of employee relations. Thus, it is very important to make sure that what you have in your policy handbook not only truly meets your needs, but also complies with your state's law.

Don't know an attorney? Contact ELANet for information on how to find an attorney concerning the design or review of employment policies for your situation:

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Employment Law Advisory Network, Inc.