TERMS OF USE
USE OF ELECTRONIC MAIL

Introduction

Ice Cold Air, Inc. (ICA) provides electronic mail resources to support its franchisees and their operations, as well as its internal operations. This policy statement sets forth ICA’s policy with regard to use of, access to, and disclosure of electronic mail to assist in ensuring that ICA’s resources serve those purposes. By using ICA’s e-mail system and resources, you indicate your agreement to be bound by and comply with this policy statement, and to cause your employees and other business associates who have access to such system to do the same.

Statement of Policy

Privacy and Confidentiality Considerations

We will make reasonable efforts to maintain the integrity and effective operation of our electronic mail systems, but users are advised that those systems should in no way be regarded as a secure medium for the communication of sensitive or confidential information. Because of the nature and technology of electronic communication, we cannot assure either the privacy of an individual user’s use of our electronic mail resources nor the confidentiality of particular messages that may be created, transmitted, received, or stored thereby.

Permissible Uses of Electronic Mail

Authorized Users. Only employees, directors and officers of ICA and its franchisees, other persons holding similar positions, and persons who have received permission directly from ICA are authorized users of our electronic mail systems and resources.

Purpose of Use. The use of any ICA resources for electronic mail must be related to ICA business. Incidental and occasional personal use of electronic mail may occur when such use does not generate a direct cost for ICA. Any such incidental and occasional use of ICA electronic mail resources for personal purposes is subject to the provisions of this policy. An example of a use that does not create a direct cost is sending an email message during an employee’s lunch hour: ICA is not paying the employee for such time and will not pay any more for maintaining the email system than it would have paid had the message not been sent.

Prohibited Uses of Electronic Mail

Prohibited Purposes. Personal use that creates a direct cost for ICA is prohibited. ICA’s electronic mail resources shall not be used for personal monetary gain or for commercial purposes that are not directly related to ICA business.

Specific Prohibited Uses. Specific prohibited uses of our electronic mail systems include, but are not limited to:

• Sending copies of documents in violation of copyright laws.
• Inclusion of the work of others into electronic mail communications in violation of copyright laws.
• Capture and “opening” of electronic mail except as required in order for authorized employees to diagnose and correct delivery problems.
• Use of electronic mail to harass or intimidate others or to interfere with the ability of others to conduct ICA business.
  Use of electronic mail systems for any purpose restricted or prohibited by laws or regulations.
• “Spoofing,” i.e., constructing an electronic mail communication so it appears to be from someone else.
• “Snooping,” i.e., obtaining access to the files or electronic mail of others for the purpose of satisfying idle curiosity, with no substantial ICA business purpose.
• Attempting unauthorized access to electronic mail or attempting to breach any security measures on any electronic mail system, or attempting to intercept any electronic mail transmissions without proper authorization.
• Transmitting, receiving or storing inappropriate material. Inappropriate material includes, but is not limited to, sexually oriented, hate-based, discriminatory, offensive, hacker or cracker oriented, terrorism or weapons related, illegal, or other graphics or information identified by ICA as inappropriate.
• Receiving automated transmissions or “pushes” of news feeds or other information unless the material is required for ICA business.
• Using chat rooms or use-net groups for non-business purposes.
• Posting commercial announcements or advertising material.
• Any other activity prohibited by this or any other ICA policy or by law.

ICA’s Right of Access and Disclosure

General Provisions.

• To the extent permitted by law, ICA reserves the right to unrestricted and unfettered access to the contents of users’ electronic mail and to disclose such contents without the consent of the user.
• Users are advised that ICA’s electronic mail systems should be treated like a shared filing system (i.e., with the expectation that communications sent or received on ICA business or with the use of ICA resources may be made available for review by any authorized ICA personnel for purposes related to ICA business.
• Any user of ICA’s electronic mail resources who makes use of an encryption device to restrict or inhibit access to his or her electronic mail must provide ICA with access to such encrypted communications when requested to do so.

  Monitoring of Communications.
  ICA will not monitor electronic mail as a routine matter but it may do so, as and to the extent as ICA deems necessary for purposes of maintaining the integrity and effective operation of ICA’s electronic mail systems.

  Inspection and Disclosure of Communications. ICA reserves the right to inspect and disclose the contents of electronic mail:

• in the course of an investigation triggered by indications of misconduct or misuse,
• as needed to protect health and safety,
• as needed to prevent interference with ICA business, or
• as needed to locate substantive information required for ICA business that is not more readily available by some other means.

  ICA will inspect and disclose the contents of electronic mail when such action is necessary to respond to legal processes and to fulfill ICA’s obligations to third parties.
  

  Limitations on Disclosure and Use of Information Obtained by Means of Access or Monitoring. The contents of electronic mail communications, properly obtained for ICA purposes, may be disclosed without permission of the user. ICA will attempt to refrain from disclosure of particular communications if disclosure appears likely to create personal embarrassment, unless such disclosure is required to serve a business purpose or satisfy a legal obligation.

  Disciplinary Action. Appropriate action will be taken against individuals found to have engaged in prohibited use of ICA’s electronic mail resources.