SYSTEMS AND INTERNET USAGE POLICY

Noble Square Cooperative (“Cooperative”) relies on its computer systems (“Systems”, as defined below) to conduct its business.  To ensure that its Systems are used properly by employees, independent contractors, agents, and other users, Cooperative has created this Internet and Systems Usage Policy (the “Policy”).  The rules and obligations described in the Policy apply to all users of Cooperative’s Systems, wherever they may be located.  Violations of the Policy will be taken very seriously and will result in disciplinary action, including possible termination, and civil and criminal liability.

It is every employee’s duty to use Cooperative’s Systems responsibly, professionally, ethically, and lawfully.

DEFINITIONS

The term “Systems” refers to Cooperative’s entire computer network.  Specifically, Systems includes, but is not limited to, host computers, file servers, application servers, communications servers, mail servers, fax servers, web servers, work stations, stand-alone computers, laptops, cell phones, PDAs, software, data files, printers, scanners, copiers, and all internal and external computer and communications networks (for example, Internet, commercial online services, value added networks, email systems) that may be accessed directly or indirectly through our Systems, and the website address known as: www.1165milwaukee.com.

The term “Users” refers to all employees, independent contractors, consultants, temporary workers, and all persons or entities who use Cooperative’s Systems including shareholders, tenants, and other residents.

POLICY

All Cooperative’s Systems are the property of Cooperative and may be used only for legitimate business purposes.  Users are permitted access to Cooperative’s Systems to assist them in the performance of their jobs.  Use of Cooperative’s Systems is a privilege and may be revoked at any time, in part or in whole.  Further, the firm may limit Internet usage (including restricting access to any websites) at any time to ensure the efficient operation of Cooperative’s Systems.  Violations of the Policy will be taken very seriously and will result in disciplinary action, including possible termination, and civil and criminal liability.

In using or accessing Cooperative’s Systems, Users must comply with the following provisions:

A.  No expectation of privacy.

No expectation of privacy.  All computers and computer accounts given to Users are to assist them in the performance of their jobs.  Users should not have an expectation of privacy in anything they create, store, send, or receive on Cooperative’s Systems.  The Systems belong to Cooperative and may be used only for business purposes.

Waiver of privacy rights.  Users expressly waive any right of privacy in anything they create, store, send, or receive on any computer or by or through Cooperative’s Systems, whether through the Internet or any other computer network.  Users consent to allowing authorized personnel of Cooperative to access and review all materials that Users create, store, send, or receive by or through Cooperative’s Systems, whether through any computer or through the Internet or any other computer network.  Users understand that Cooperative may use human or automated means to monitor use of Cooperative’s Systems.

B.  Prohibited Activities

Inappropriate or unlawful material.  Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, racist, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate may not be sent by email or other form of electronic communication (such as bulletin board systems, newsgroups, chat groups, blogs) or displayed on or stored in Cooperative’s Systems.  Users encountering or receiving this kind of material should immediately report it to the Firm Administrator, Network Administrator, or Human Resources.

Prohibited Uses. Cooperative’s Systems may not be used for the dissemination or storage of commercial or personal advertisements, solicitations, promotions, destructive programs (i.e., viruses or self-replicating code), political material, pornography, or any other inappropriate or unlawful material as described in the preceding paragraph without prior written permission from the Managing Principal, the Firm Administrator, Network Administrator, or Human Resources.

Under no circumstances may inappropriate sites be accessed using Cooperative’s Systems.  Such inappropriate sites include, but are not limited to, sites containing harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, racist, or otherwise unlawful or inappropriate material.

Waste of Cooperative’s Systems Resources.  Users may not deliberately perform acts that waste Cooperative’s Systems resources or unfairly monopolize resources to the exclusion of others.  These acts include, but are not limited to, sending mass mailings or chain letters, spending excessive amounts of time on the Internet, printing multiple copies of documents, or otherwise creating unnecessary network traffic.  Violations of the Policy will be taken very seriously and will result in disciplinary action, including possible termination, and civil and criminal liability.

Misuse of Software.  Users may not do any of the following without the prior written authorization of either the Managing Principal or the Firm Administrator:

(1)        Copy software for use on their home computers;

(2)        Provide copies of software to any independent contractors or clients of Cooperative or to any third person;

(3)        Install software on any of Cooperative’s workstations or servers;

(4)        Download any software from the Internet or other online service to any of Cooperative’s workstations or servers;

(5)        Modify, revise, transform, recast, or adapt any software; or

(6)        Reverse-engineer, disassemble, or decompile any software.

Users who become aware of any misuse of software or violation of copyright law should immediately report the violation to the Managing Principal or the Firm Administrator.

Communication of Trade Secrets.  Unless expressly authorized by the Managing Principal or the Firm Administrator, sending, transmitting, or otherwise disseminating proprietary data, trade secrets, or other confidential information of Cooperative is strictly prohibited.  Unauthorized dissemination of this information may result in substantial civil liability as well as severe criminal penalties.

C.  Permitted Uses

Users are granted access to Cooperative’s Systems for purposes of assisting them in the performance of their jobs or obtaining information about the Cooperative.  Occasional, limited, appropriate personal use of the Cooperative’s Systems is permitted, provided the use does not (1) interfere with or otherwise adversely affect the User’s work performance; (2) interfere with or otherwise adversely affect any other User’s work performance; (3) have a negative impact on the operation of Cooperative’s Systems; or (4) violate any other provision of this policy or any other policy guideline or procedure of Cooperative.  At all times, Users must use Cooperative’s Systems in a professional, ethical, and lawful manner.  Personal use of Cooperative’s Systems is a privilege and may be revoked at any time without notice.

D.  Passwords

Responsibility for Passwords.  Users are responsible for safeguarding their passwords for access to Cooperative’s Systems.  Individual passwords should not be printed, stored online, or given to others.  Users are responsible for all transactions made using their passwords.  No Users may access Cooperative’s Systems using another User’s password or account.

Passwords do not imply privacy.  Use of passwords to gain access to Cooperative’s Systems or to encode particular files or messages does not imply that Users have an expectation of privacy in the material they create or receive on Cooperative’s Systems.  Cooperative maintains global passwords that permit access to all material stored on Cooperative’s Systems regardless of whether that material has been encoded with a particular User’s password.

E.  Security

Accessing other User’s files.  Users may not read, alter, or copy a file belonging to another User without first obtaining permission from the owner of the file.  The ability to read, alter, or copy a file belonging to another User does not imply permission to read, alter, or copy that file.  Users may not use Cooperative’s Systems to “snoop” or pry into the affairs of other Users by unnecessarily reviewing their files and email.

Accessing other computers and networks.  The Users’ ability to connect to other computer systems throughout the network or by a modem does not imply a right to connect to those systems or to make use of those systems unless specifically authorized by the operators of those systems.

Computer Security.  Each User is responsible for ensuring that use of outside computers and networks, such as the Internet, does not compromise the security of Cooperative’s Systems.  This duty includes taking reasonable precautions to prevent intruders from accessing Cooperative’s Systems without authorization and to prevent introduction and spread of viruses.

F.  Viruses

Virus Detection.  Viruses can cause substantial damage to computer systems.  Each User is responsible for taking reasonable precautions to ensure he or she does not introduce viruses into Cooperative’s Systems.  To that end, all material received on any portable storage device and all material downloaded from the Internet or computers or networks that do not belong to Cooperative MUST be scanned for viruses and other destructive programs before being placed onto Cooperative’s Systems.  Users should understand that their home computers and laptops may contain viruses.  All files transferred from these computers to Cooperative’s Systems MUST be scanned for viruses.

Accessing the Internet.  To ensure security and avoid the spread of viruses, Users accessing the Internet through a computer attached to Cooperative’s Systems must do so through an approved Internet firewall.  Accessing the Internet directly, by modem, is strictly prohibited unless the computer being used is not connected to Cooperative’s Systems.

G.  Encryption Software

Use of Encryption Software.  Users may not install or use encryption software on any of Cooperative’s Systems without first obtaining written permission from either the Managing Principal, the Firm Administrator, or Network Administrator.

Export Restrictions.  The federal government has imposed restrictions on the export of programs or files containing encryption technology (such as email programs that permit encryption of messages and electronic commerce software that encodes transactions).  Software containing encryption technology is not to be placed on the Internet or transmitted in any way outside the United States without prior written authorization of the Managing Principal or the Firm Administrator.

H.  Internet Usage

Disclaimer of Liability for Use of Internet.  Cooperative is not responsible for material viewed or downloaded by Users from the Internet.  The Internet is a world-wide network of computers that contains millions of pages of information.  Users are cautioned that many of these pages include offensive, sexually explicit, and inappropriate material.  In general, it is difficult to avoid at least some contact with this material while using the Internet.  Even innocuous search requests may lead to sites with highly offensive content.  In addition, having an email address on the Internet may lead to receipt of unsolicited email containing offensive content.  Users accessing the Internet do so at their own risk.  However, in the event Users encounter offensive or inappropriate sites, they are required to immediately disconnect from the site, regardless of whether the site was subject to blocking or not.

Users’ Duty of Care.  Users should endeavor to make each electronic communication truthful and accurate.  Users should use the same care in drafting email and other electronic documents as they would for any other written communication, which includes the use of proper capitalization, punctuation, and grammar.  Please keep in mind that anything created or stored on Cooperative’s Systems, may, and likely will, be reviewed by others.

Duty Not to Waste Computer Resources.  Users must not deliberately perform acts that waste computer resources or unfairly monopolize resources to the exclusion of others.  These acts include, but are not limited to, sending mass mailings or chain letters, spending excessive amounts of time on the Internet, printing multiple copies of documents, or otherwise creating unnecessary network traffic.  Because audio, video, and picture files require significant storage space, files of this sort may not be downloaded unless they are business-related.

No Privacy in Communications.  Users should never consider electronic communications to be either private or secure.  Email may be stored indefinitely on any number of computers, including that of the recipient.  Copies of your messages may be forwarded to others either electronically or on paper.  In addition, email sent to non-existent or incorrect usernames may be delivered to unintended recipients.

Monitoring of Computer Usage.  Cooperative has the right, but not the duty, to monitor any and all aspects of Cooperative’s Systems including, but not limited to, tracking sites visited by employees on the Internet, monitoring chat groups and news groups, reviewing material downloaded from or uploaded to the Internet and reviewing emails both sent and received.

Blocking Access to Sites.  At its discretion, Cooperative may block access to inappropriate or sexually explicit Internet sites.  However, in the event Users encounter such sites, they are required to immediately disconnect from the site, regardless of whether the site was subject to blocking or not.  Further Cooperative, at its discretion, may block access to other sites, including shopping related sites and social networking sites.

Games and Entertainment Software.  Users may not use Cooperative’s Internet connection to download games or other entertainment software, including screen savers, or to play games over the Internet.

Illegal Copying.  Users may not illegally copy material protected under copyright law or make that material available to others for copying.  It is each User’s responsibility for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages, and other materials which may be downloaded or copied.  Users may not enter into any license agreement or download any material for which a registration fee is charged without first obtaining the express written permission of the Managing Principal or the Firm Administrator.

Outside Files and Detection of Viruses.  Files obtained from sources outside Cooperative – including files brought from home; files downloaded from the Internet, news groups, bulletin boards, or other online services; email attachments; and files provided by customers or vendors – may contain dangerous computer viruses that may damage Cooperative’s Systems.  Users should never download files from the Internet, accept email attachments from outsiders, or use portable storage devices from non-company sources without first scanning the material with company-approved virus checking software.  Never open emails from unknown sources.  Emails originating from unknown sources should be deleted immediately without opening.  If you suspect that a virus has been introduced into Cooperative’s Systems, notify the Managing Principal, the Firm Administrator, or Network Administrator immediately.

Sending Unsolicited Email (SPAM).  Users may not send unsolicited email to persons with whom they do not have a prior relationship without the express permission of their supervisors.

Altering Attribution Information.  Users must not alter the “From:” line or other attribution-of-origin information in email, messages, or postings.  Anonymous or pseudo-anonymous electronic communications are forbidden.  Users must identify themselves honestly and accurately when sending electronic communications.

Standard Format for Email.  Outgoing emails sent from Cooperative’s Systems, whether work-related or not, may not include any graphical effects, including animation and backgrounds.  Further, as noted above, Users should use the same care in drafting email and other electronic documents as they would for any other written communication, including the use of proper capitalization, punctuation, and grammar.  In addition, Cooperative has adopted a standard footer which is required to be appended to all business emails, whether sent internally or to parties outside the firm.  This standard footer is available as part of the firm’s current email application.

I.  Blogging

As stated earlier in this section, use of Cooperative’s Systems is restricted to conducting business directly related to Users’ jobs.  As such, any Internet activity other than that required to perform job duties is not allowed.  That being said, the firm understands employees may participate in some form of online discourse during non-working hours, including having their own websites or weblogs.  The firm respects the right of its employees to use websites, weblogs, and the Internet in general as mediums of self-expression, however, as far as any possible identification with the firm or discussion/commentary related to the firm is concerned, please be advised as follows:

• Make it clear that the views expressed are yours alone and that they do not necessarily reflect the views of the firm. At a minimum, a legal disclaimer similar to the following should be used: “The views expressed on this website/weblog are mine alone and do not necessarily reflect the views of my employer.”  No employee has the authority to speak on behalf of the firm.  Additionally, those employees who would be more readily viewed as representing the firm (i.e., attorneys, managers) must take extra care in all of their online discourse.
• Be aware that as a law firm, most (if not all) of the matters handled by the firm are confidential, either to the clients we represent or to the firm itself. As such, be careful to avoid disclosing any confidential information. See also the confidentiality policy on page 2.
• Please note that even if the content of your website or weblog is not directly related to the firm, you could still be viewed as a public face of the firm and the firm expects nothing less of its employees than to act with respect in all public arenas. This includes acting with respect towards the firm, your fellow employees, our clients, and any companies we may do business with, including our competitors.
• Websites/weblogs should not be used to either conduct firm business or to air grievances relative to the firm.
• Ultimately, you have sole responsibility for what you choose to post to your blog/on your site. Further, remember that your website or weblog is a public space.
• Finally, it is within the firm’s rights to request that you temporarily restrict your website or weblog commentary to topics unrelated to the firm (or, in rare cases, that you temporarily suspend your website or weblog activity altogether) if it believes this is deemed necessary to protect the interests of the firm and/or the confidentiality of the firm and its clients.

J.  Miscellaneous

Compliance With Applicable Laws and Licenses.  In their use of Cooperative’s Systems, Users must comply with all software licenses, copyrights, and all other state, federal, and international laws governing intellectual property and online activities.

Other Applicable Policies.  In their use of Cooperative’s Systems, Users must observe and comply with all other policies and guidelines of Cooperative.

Amendments and Revisions.  The Policy may be amended or revised from time to time as the need arises.  Users will be provided with copies of all amendments and revisions.

No Additional Rights.  The Policy is not intended to, and does not grant, users any contractual rights.

Maintenance of Computer.  Every day, users must log-off their computers.  Once a week, Users should restart their computers.

K.  Off-Site Usage of Cooperative’s Systems

Connection to and usage of Cooperative’s Systems from computers or other devices, including cell phones and PDAs, which are not located within the confines of an office of Cooperative or are not directly connected to Cooperative’s intranet, shall be subject to each and every foregoing provision of the Policy.  Any computer or device connected to Cooperative’s Systems by whatever means shall be part of Cooperative’s Systems as defined and referenced herein.

Users’ obligation to safeguard the privacy and confidentiality of their work product as an employee of Cooperative must be always maintained.  In particular, Users should be aware that when working off-site, the chances of said privacy and confidentiality being compromised are heightened and Users should take the appropriate extra care to ensure the privacy and confidentiality of Cooperative work product when in an off-site location, whether at home or in a public arena.

NOBLE SQUARE COOPERATIVE