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Standard Acceptable Use Policy for the United States

Standard Acceptable Use Policy Template for United States

An Acceptable Use Policy (AUP) is a legal document that outlines the rules and guidelines for using a company's services, network, or platform. Under U.S. jurisdiction, this document establishes acceptable behaviors, prohibited activities, and consequences for violations while ensuring compliance with federal and state regulations including CFAA, ECPA, and DMCA. It serves as a protective measure for both the service provider and users by clearly defining appropriate usage parameters and security requirements.

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What is a Standard Acceptable Use Policy?

The Standard Acceptable Use Policy is a crucial document for organizations providing digital services or network access in the United States. It establishes clear boundaries for acceptable behavior, protects against misuse, and ensures compliance with federal regulations such as the Computer Fraud and Abuse Act and state-specific requirements. This document should be implemented when launching any service, platform, or network that users can access, and should be regularly updated to reflect changing technological and regulatory landscapes. The policy typically includes usage rules, security requirements, privacy considerations, and enforcement procedures.

What sections should be included in a Standard Acceptable Use Policy?

1. Introduction: Scope and purpose of the Acceptable Use Policy

2. Definitions: Key terms used throughout the policy including technical terminology, prohibited activities, and security-related definitions

3. Prohibited Activities: Comprehensive list of forbidden actions including hacking, malware distribution, spam, unauthorized access, and abusive behavior

4. System and Network Security: Requirements for maintaining security including password policies, access controls, and network protection measures

5. Content Guidelines: Rules regarding acceptable content, including restrictions on illegal, harmful, or offensive material

6. Enforcement: Consequences of policy violations, including investigation procedures and potential penalties

What sections are optional to include in a Standard Acceptable Use Policy?

1. Industry-Specific Requirements: Additional requirements for regulated industries such as healthcare, finance, or education

2. International Usage: Requirements for international users including compliance with local laws and regulations

3. Technical Requirements: Specific technical standards, bandwidth limitations, and system requirements

What schedules should be included in a Standard Acceptable Use Policy?

1. Schedule A - Technical Standards: Detailed technical requirements, specifications, and compliance standards

2. Schedule B - Reporting Procedures: Step-by-step procedures for reporting policy violations and security incidents

3. Schedule C - Contact Information: List of relevant contacts for policy matters, security incidents, and support

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
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Industries

Computer Fraud and Abuse Act (CFAA): Federal law that prohibits accessing a computer without authorization, or in excess of authorization. Must be considered when defining unauthorized use and access restrictions in the AUP.

Electronic Communications Privacy Act (ECPA): Extends restrictions on wire taps to include transmitted electronic data. Important for defining monitoring and communication policies in the AUP.

Digital Millennium Copyright Act (DMCA): Addresses copyright issues in the digital age, including provisions for handling copyright infringement notices. Essential for content usage policies.

CAN-SPAM Act: Regulates commercial email practices. Must be considered when addressing email usage and marketing communications in the AUP.

Children's Online Privacy Protection Act (COPPA): Regulates the collection and use of personal information from children under 13. Important if the service might be used by children.

Federal Trade Commission Act: Prohibits unfair or deceptive practices affecting commerce. Relevant for ensuring AUP terms are fair and transparent.

State Privacy Laws: Various state-specific privacy regulations (e.g., CCPA in California, SHIELD Act in NY) that affect data handling and user privacy rights.

Data Breach Notification Laws: State-specific requirements for notifying users in case of data breaches. Important for security incident response policies.

Copyright and Trademark Laws: Federal and state laws protecting intellectual property rights. Essential for defining content usage and sharing policies.

Consumer Protection Laws: State-specific statutes protecting consumer rights and interests. Must be considered for fair usage terms and service limitations.

Cybersecurity Regulations: Federal and state requirements for maintaining network security and protecting user data. Important for security requirements section.

Industry-Specific Regulations: Sector-specific compliance requirements (e.g., HIPAA for healthcare, FERPA for education) that may affect acceptable use terms.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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