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					                        EMAIL, INTERNET AND COMPUTER USE POLICY

Company policies regarding employees’ use of its email system, access to the Internet at work and
computer systems are set forth below. All employees, as a condition of employment, are required to
comply with this policy statement. The Company may change these policies at any time. “Computer
Facilities” means the Company’s email system, internet access system and computer system (including
desktop computers, central servers and company-owned laptop computers).

BUSINESS USE RESTRICTION. The Company provides Computer Facilities to its employees to assist and
facilitate business communications and work-related research. The Computer Facilities are to be used
for Company business. The only exception is that incidental and occasional personal use of email is
allowed during work breaks. Internet access should only be used for Company business. Personal email
will be treated by the Company like other email messages. Files, documents and email, whether for
personal or business use, that are created, sent, received or stored on the Computer Facilities by the
employee (collectively, “Employee Electronic Files”) may not be kept confidential, at the Company’s
discretion, subject to applicable law. All Employee Electronic Files are the sole property of the
MONITORING, REVIEW AND ACCESS. The Company may monitor, review and access Employee
Electronic Files for any business purpose. The monitoring, review and access may be implemented on
the Employee Electronic Files of all employees or of a specific employee.
DISCLOSURE WITHOUT CONSENT. Authorized managers and supervisors may disclose business or
personal Employee Electronic Files for any business purpose without notification to the employee,
subject to the requirements of any applicable law.
ILLEGAL USE BY EMPLOYEE. The Computer Facilities may not be used for illegal, disruptive,
offensive, or wrongful purposes. Employees may not use the Computer Facilities to: Distribute
defamatory, fraudulent or harassing messages; send, receive or store sexually explicit or other offensive
images or messages, or slurs or disparaging materials based on any person’s ethnicity, race, religion,
disability, sexual orientation or age; violate or infringe the copyright of any person; or incite any person
to illegal actions.
LEGAL CLAIMS AND DAMAGES. Company and employee may be subject to legal action and claims if
employee engages in any illegal use of the Computer Facilities.
OFF-DUTY AND/OR OFF-SITE COMPUTER USE. Inappropriate Internet use, regardless of whether the
employee is on or off duty or working from a non-Company computer, includes: Transmitting any of
the Company’s confidential or proprietary information, including customer data, trade secrets or other
materials covered by the Company’s confidentiality policy; transmitting or posting information that may
harm the business or reputation of the Company or any of its employees, regardless of whether the
information is defamatory; using the Company’s logo, graphics, trademarks, trade names, or slogans;
and expressing opinions or personal views on the Internet that could be misconstrued as being those of
the Company.
EMAIL. The prohibitions described in this policy apply to employee postings on Internet web logs

                          WENDEL, ROSEN, BLACK & DEAN LLP • 510.834.6600 •
(“blogs”), social networking sites, chat rooms, instant messaging, and emails, as well as to any other
Internet or computer use.
OTHER PROHIBITED USES. The employee should not use the Computer Facilities to send bulk email in
a marketing and unsolicited format without the specific prior approval of his or her supervisor. In
general, sending bulk email is prohibited. The employee should not send or forward to others any
“chain” emails. The employee should not use the Company’s logo, graphics, trademarks, trade names,
slogans, or any other Company content, unless involved in an authorized business activity.
COMPANY CONTRACTS AND BUSINESS RELATIONSHIPS. Under the evolving law governing email, the
employee’s statements in an email may be used as evidence of a contract offer, acceptance, modification
or waiver by the Company. In addition, statements in emails can be taken as representations or
admissions of facts by the Company. These statements can also be used to interpret the meaning of
contract terms. Any of these uses can have a significant, adverse effect on the Company’s legal position
and may subject the Company to liability. Accordingly, the employee must take sufficient care in
writing or responding to an email to make sure there are no unexpected legal consequences. In general,
the employee must use the same diligence with an email that he or she uses with written correspondence.
EMAIL FORM. The employee should not use shorthand or abbreviations when conducting business
correspondence by email. An email should have the same level of formality and completeness used with
a business letter on the subject.

UNAUTHORIZED ACCESS PROHIBITED; PASSWORDS. The Computer Facilities are only to be used by
authorized persons, and an employee must have been issued or must create one or more passwords in
order to use the Computer Facilities. The employee must provide any passwords that the employee has
created to access the Computer Facilities to the Company’s computer system manager. The employee
should not give the passwords to any other people. The employee may not use someone else’s password
without express written authorization from the Company.
EXTERNAL EMAIL ACCOUNTS. For security and confidentiality purposes, the employee may not
forward Company email to personal email accounts, such as Gmail, Hotmail, Yahoo, AOL or others.
Additionally, the Employee may not forward external email account messages to Company email
accounts. The use of non-Company email accounts for Company use is prohibited.
RECORDS RETENTION. The Employee may not delete incoming or outgoing email or other Employee
Electronic Files that contains key business information, such as an email stating the Company’s position
on a matter, statements of agreements reached, etc., except as instructed by the Company in writing.
DOWNLOADING SOFTWARE. Employees may not use the Computer Facilities to download software or
any executable code. If the employee wants to download software or any executable code, the employee
must notify the Computer Facilities manager. If the Company determines that the download is
appropriate for Company business, the Company’s computer technicians will download the necessary
files and make them available to employee. If any viruses are discovered, or there appears to be any
tampering with the email system, the employee should immediately contact the Computer Facilities
manager and make a report.

Violations of these policies may result in discipline, suspension and even termination of employment.

                          WENDEL, ROSEN, BLACK & DEAN LLP • 510.834.6600 •

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