|
|
|
|
|
|
          |
 |
|
TST Information Security Acceptable Use Policy 1.0 OVERVIEWTomorrow’s Solutions Today’s (TST) Information Security officer (InfoSec) is committed to protecting employees, partners and the company from illegal or damaging actions committed either knowingly or unknowingly against TST property including but not limited to, Internet/Intranet/Extranet-related systems, computer equipment, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and FTP (“TST Property”) TST Property is to be used for business purposes in serving the interests of the company, and of our clients and customers in the course of normal operations.2.0 PURPOSEThe (TST’s Client) (“Client”) desires to engage TST, and TST desires to provide such Internet Services (as defined herein) on the terms and subject to the conditions set forth below. The purpose of this Information Security Use Policy (“Use Policy”) is to outline the acceptable use of TST Property by (TST’S Client) (Client).In furtherance of the consideration and mutual promises set forth and agreed to by and between TST and Client (collectively the “Parties”) in the TST-(TST’S Client Abbr.)-001 Agreement dated January 1, 2005 (the “Agreement”) the Parties hereby agree to as follows: 3.0 POLICYA. General Use and Ownership1.) All TST Property, including but not limited to any computer software, (in object code and source code form), data or information developed or provided by TST or its suppliers under this Use Policy and the Agreement, and any know-how, methodologies, equipment, or processes used by TST to provide the Services to Client, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively “TST Materials”) shall remain the sole and exclusive property of TST or its suppliers. To the extent, if any, that ownership of the TST Materials does not automatically vest in TST by virtue of this Use Policy or the Agreement, Client hereby transfers and assigns to TST all rights, title, and interest which Client may have in and to the TST Materials. Client acknowledges and agrees that TST is in the business of hosting services, and that TST shall have the right to provide to third parties services which are the same or similar to the Services, and to use or otherwise exploit any TST Materials in providing such services. 2.) Client is responsible for exercising good judgment regarding use of TST Property. 3.) TST reserves the right to audit networks and systems on a periodic basis to ensure compliance with this Use Policy. Authorized TST individuals may monitor or conduct tests at any time without notice on equipment, systems, and network traffic for purposes including, but not limited to security and network maintenance purposes. B. No Expectation of Privacy TST reserves the right to access and disclose the contents of Internet communications, including email, conducted through TST systems. Client waives any right to privacy in Internet communications, and consent to access and disclosure of Internet communications by Client through access to or use of TST Property. C. Confidentiality 1.) Client, during the term of the underlying Agreement with TST, may have access to, receive or become familiar with various trade secrets and other information relating to the business of TST that is not generally available to the public and is considered proprietary and confidential information of TST ("Confidential Information"). Such Confidential Information shall include, but not be limited to, cost data, price lists and pricing strategies, training techniques, sales procedures and techniques, names of and contractual arrangements with TST’s suppliers, customer lists, customer discounts, mailing lists, sales records, marketing plans, the names of prospective customers and their requirements, strategic operations and other business plans and forecasts, product specifications, data, know-how, formulae, processes, designs, graphs, drawings, inventions and ideas, past, current and planned research and development, computer software and code (including object code, and source code), database technologies and computer software, systems, structures, and architectures (and any and all information relating thereto). Further, Confidential Information shall include, but not be limited to, any such information relating to any TST services and products either currently sold or provided by TST or contemplated by TST. Client hereby covenants and agrees that both during and after term of Agreement with TST shall not, without the express prior written authorization of TST President, disclose, directly or indirectly, any Confidential Information, whether or not marked as such, to any individual, person or entity, or use Confidential Information in any way. All files, notes, papers, records, summaries, analyses, documents, drawings, specifications and other materials relating to the business of TST (including copies thereof), coming into the possession of TST Personnel, shall at all times remain the exclusive property of TST and shall be delivered promptly to TST upon any upon termination (whether voluntary or involuntary) or expiration of the Agreement with TST, and Client agrees it will neither make nor retain any copies of such materials after such termination or expiration. 2.) In the event that a court of competent jurisdiction determines that any information claimed to be a trade secret is not a trade secret for the purposes of this Agreement, such information will, nonetheless, be considered Confidential Information. Client hereby waives any requirement that TST submit any proof of the economic value of any information claimed to be a trade secret. 3. None of the foregoing obligations and restrictions applies to any part of the Confidential Information that Client demonstrates was or became generally available to the public other than as a result of a disclosure by Client. 4.) If any court of competent jurisdiction should determine that the duration, scope or geographic area set forth in any provision of this Agreement exceeds the maximum duration, scope or geographic area which said court deems reasonable and enforceable, it is the intention of the parties that such provision not be deemed invalid and unenforceable, but rather that the duration, scope or geographic area shall be deemed to be those which the court deems the maximum enforceable restrictions, but only with respect to the operation of this Agreement in the jurisdiction of the court that has made such adjudication. 5.) Client hereby acknowledge and agree that the breach or threatened or attempted breach of any of the provisions (1) through (4) above will cause irreparable harm to TST for which any remedies at law would be inadequate. Accordingly, in the event of any breach or threatened or attempted breach of any such provision by Client, each of them agrees that TST, in addition to and not to the exclusion of any other rights and remedies at law or in equity, shall be entitled to (i) full temporary and permanent injunctive relief enjoining and restraining Client and each and every other person, firm, organization, association, partnership, corporation or entity concerned therein from the continuation of such violative acts and (ii) a decree for specific performance of the provisions of this Agreement, without being required to show actual damage or irreparable harm, or to furnish any bond or other security. Further, Client shall not plead in defense thereto that there would be an adequate remedy at law. The parties agree that in the event any legal proceeding is brought by a party to this Agreement for violation of any provision of this Agreement, the party prevailing in such a proceeding shall be entitled, as against any or all of the other party(s) to the proceeding, to an award of all costs and expenses (including, without limitation, court costs and reasonable attorneys' fees) incurred by the prevailing party in enforcing its rights hereunder. D. Security and Proprietary Information 1.) Passwords shall be kept secure at all times. Client is prohibited from sharing accounts without express prior written authorization. Authorized users are responsible for the security of their passwords and accounts. System level passwords should be changed quarterly; user level passwords should be changed every six months. 2.) All PCs, laptops and workstations should be secured with a password-protected screensaver with the automatic activation feature set at 10 minutes or less, or by logging-off (control-alt-delete for Win2K users). 3.) Unless directed otherwise, all hosts used by Client that are connected to the TST Internet/Intranet/Extranet, shall be continually executing approved virus-scanning software with a current virus database. 4.) Client must use extreme caution when opening e-mail attachments received from unknown senders, which may contain viruses, e-mail bombs, or Trojan horse code. E. Unacceptable Use The following activities are prohibited unless specifically exempted by TST. Under no circumstances is the Client authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing TST Property. 1. System and Network Activities The following activities are strictly prohibited: a. Violations of copyright, trade secret, patent or other intellectual property, or similar laws or regulations. b. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by TST. c. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or copyrighted music. d. Installation of any copyrighted software for which TST or the end user does not have an active license. e. The failure to comply with the applicable laws and regulations governing the exporting of software, technical information, encryption software or technology. f. Knowingly introduce malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.). g. Revealing ones account password to others or allowing use of your account by third parties, including family and other household members. h. Using TST Property to engage in procuring or transmitting material that is in constitutes sexual harassment or a hostile workplace under the laws of the user's jurisdiction. i. Making fraudulent offers of products, items, or services originating from any TST account. j. Making statements concerning the capabilities or vulnerabilities of TST Property. k. Purposefully causing security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which Client is not an intended recipient or logging into a server or account that Client is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes. l. Port scanning or security scanning is expressly prohibited unless prior notification to and approval of InfoSec is obtained. m. Executing any form of network monitoring. n. Circumventing user authentication or security of any host, network or account. o. Interfering with or denying service to any user (for example, denial of service attack). p. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet/Intranet/Extranet. q. Providing personal or sensitive information about TST to third parties. r. Using TST Property in a deliberate manner that interferes with the work of others when accessing the Internet, including the transmission or posting of messages that are intended or likely to result in the loss of recipient’s work or systems. 2. Email and Communications Activities a. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam). Spam is defined as unauthorized and/or unsolicited electronic mass mailings. b. Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages. c. Unauthorized use, or forging, of email header information. d. Solicitation of email for any other email address, other than that of the poster's account, with the intent to harass or to collect replies. e. Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type. f. Use of unsolicited email originating from within TST's networks of other Internet/Intranet/Extranet service providers on behalf of, or to advertise, any service hosted by TST or connected via TST's network. g. Posting the same or similar non-business-related messages to Usenet newsgroups (newsgroup spam). 4.0 EnforcementAny Client found to have violated this Use Policy may be considered in material breach of this Agreement and any further or additional Agreement(s) between TST and Client.5.0 Revision History6.0 AcceptanceSignature of Authorized person for acceptance: ______________________________ ______________________________ ______________________________ This privacy policy describes the information we collect and what we do with it. Should you have any further questions, please email us at Acceptable Use Policy Questions
|
|
|
||
|
||
|
||