Appendix D: Sample Instant Messaging and E-Mail Policies

Instant Messaging and E-Mail Policy 1

The Company has adopted e-mail and instant messaging (IM) as valuable tools for employee communication. Every employee has the responsibility to use these tools in a professional and productive manner.

Acceptable Uses of E-Mail and Instant Messaging

E-mail and IM access have been provided solely for business purposes. Employees accessing these services are representing the Company, and must use these tools in a lawful, professional, productive, and ethical manner.

Personal Use of E-Mail and Instant Messaging

Personal use of the Company’s e-mail and IM systems is banned. Under no circumstances may employees use the Company’s e-mail and IM systems for personal communication with family, friends, domestic partners, or other outside parties.

Use of Personal Instant Messaging Software Is Banned

The Company provides an IM system for internal business communication only. Employees are prohibited from downloading and using personal IM software or public IM networks for internal or external business and personal communications.

Unacceptable Use of E-Mail and Instant Messaging

The Company’s e-mail and IM systems may not be used to create, view, transmit or download material that is derogatory, defamatory, or sexually explicit or offensive.

Employees may not use the Company’s e-mail and IM systems to create, view, transmit or download jokes, gossip, rumors, unsubstantiated opinions, or slurs about any individual or group.

Employees may not use the Company’s e-mail and IM systems to create, view, transmit or download pictures, cartoons, epithets, or any material that may be construed as harassment or discrimination based on race, color, national origin, sex, sexual orientation, age, disability, religious beliefs, or political beliefs.

Use of E-Mail and Instant Messaging to Communicate Confidential Information Employees may have access to confidential information about the Company, its associates, suppliers, and clients. E-mail and IM make it very easy for employees to send and receive information and attachments. E-mail and IM also make it very easy for employees to send confidential Company information to unauthorized and unintended readers.

If you have a business need to communicate confidential Company information internally within the Company, you must receive permission from management. If permission is granted, you must mark the information CONFIDENTIAL, and distribute it via e-mail or IM only to associates with a legitimate need to know the information.

When in doubt, do not use e-mail or IM. They simply are not 100 percent secure. Never use e-mail or IM to communicate information that is personal, highly confidential, or potentially damaging to the Company, associates, or you, were it to fall into the wrong hands.

Using any computer system to discredit the Company in any way or to compromise Company information that is confidential or proprietary is prohibited.

Abuse of Company Resources

Employees may not send mass e-mails externally (e-mail blasts) or internally (to all Company associates) without permission from management.

No Reasonable Expectation of Privacy

All electronic communications in the Company’s computer, e-mail system, and IM system are the property of the Company. All e-mail and instant messages created, sent, or received should be considered public information.

The Company will monitor internal and external e-mail and instant messages for business purposes and without prior notice in order to protect the Company’s confidential and proprietary information, prevent accidental and intentional abuse of the e-mail and IM systems, monitor employee productivity and workflow, and protect the Company’s reputation and credibility.

When it comes to e-mail and IM use, employees have no reasonable expectation of privacy. Do not expect that the messages you send or receive are private or confidential.

Appropriate Content

The easiest way to avoid e-mail and IM risks is to control written content. Think before you write. E-mail and instant messages create written records that may be subpoenaed by courts and regulators.

Employees are prohibited from using offensive language and from making harassing or discriminatory statements. Employees may not use the Company’s e-mail and IM systems to send, receive, or reply to jokes, gossip, rumors, unsubstantiated opinions, or slurs about any individual or group.

The use of language that communicates discrimination based on race, color, national origin, sex, sexual orientation, age, disability, religious beliefs, or political beliefs is banned.

Write clearly and in compliance with the Company’s e-mail and IM content guidelines. Make sure your message cannot be misunderstood or misconstrued by intended or unintended readers.

Do not use the Company’s e-mail and IM systems to send material-that is personal, confidential, or potentially embarrassing to you personally, an associate, or the organization.

Handling Unsolicited Messages That Violate Policy

Do not reply to or print copies of unsolicited e-mail and instant messages that violate the Company’s written e-mail and IM policies. If you receive an unsolicited message that violates policy, notify your immediate supervisor of its presence, and proceed according to management’s directions.

Violations

These guidelines are intended to provide Company employees with general examples of acceptable and unacceptable use of the Company’s e-mail and IM systems. A violation of this policy may result in disciplinary action up to and including termination.

Acknowledgment

If you have questions about the above policies and procedures, address them to the Chief Information Officer before signing the following agreement.

I have read the Company’s e-mail and IM policy and agree to abide by it. I understand that a violation of any of the above policies and procedures may result in disciplinary action, up to and including my termination.

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User Name

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User Signature

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Date

2004, Nancy Flynn, The ePolicy Institute, www.ePolicyInstitute.com. For informational purposes only. No reliance should be placed on this without the advice of counsel. Individual e-mail and instant messaging policies should be developed with assistance from competent legal counsel.