E-Signature User Experience - Terms and Conditions, Signing Ceremony, Receipt

Electronic Signature Implementation Requirements

(from policy directive 32-110)
1. The implementation of an e-signature system must contain some form of technical non-repudiation services to protect the reliability, authenticity, integrity, and usability, as well as the confidentiality, and legitimate use of the electronically-signed information.
2. The technical non-repudiation services (required in number 1 above) should tie the electronic transaction to the individual or entity in a legally-binding way.
...
4. An electronic receipt or some form of electronic acknowledgement of a successful submission of the electronic record and signature should be provided.
...

Introduction

The requirements to tie the electronic transaction to the individual or entity in a legally-binding way and some form of electronic acknowledgement of a successful submission... should be provided will be satisfied by terms and conditions, a signing ceremony, and a receipt.

Terms and Conditions

Sample terms and conditions text:

Terms and Conditions from the State of Alaska myAlaska System

AGREEMENT BETWEEN YOU AND THE STATE OF ALASKA

myAlaska is a web service operated by the State of Alaska that provides single-sign-on (authentication) for multiple state services and a framework for electronic signatures for state forms or transactions.

This User Agreement constitutes a legal agreement between you and the State of Alaska. You must accept without modification all of the terms, conditions, and notices contained in this User Agreement in order to access and use myAlaska Services. If you do not accept these Terms of Use in their entirety, you may not access or use myAlaska. Completing your myAlaska enrollment and using your myAlaska account indicates your acceptance of this User Agreement.

Under this User Agreement it is your responsibility to keep your myAlaska account under your personal control at all times. You are responsible for all activities that occur in your account and you agree to notify the State of Alaska immediately of any unauthorized use of your account. The State of Alaska is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Your myAlaska identity can only be used by one person (yourself). Your myAlaska password must be kept secret.

ADDITIONAL USER AGREEMENTS, TERMS AND CONDITIONS

Portions of myAlaska, or state web sites incorporating myAlaska components, may be governed by additional user agreements or terms and conditions. All such additional user agreements or terms and conditions are hereby incorporated by reference into this User Agreement. In the event of a conflict between such additional user agreements or terms and conditions and this User Agreement, this User Agreement shall control. However, the myAlaska Privacy Policy supercedes any conflicting language in any user agreements or terms and conditions.

MODIFICATION OF THESE TERMS OF USE

The State of Alaska may wish to update or change the User Agreement from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. The State will make reasonable efforts to notify myAlaska participants of any changes, however, the State reserves the right to make these changes unilaterally, and your continued access to or use of myAlaska shall constitute your consent to such change.

PRIVACY AND PERSONAL INFORMATION

You are required to enroll in the myAlaska system to use myAlaska-enabled services. To enroll, you must provide information about yourself and authorize myAlaska to verify your information by reference to other State of Alaska information sources. The State of Alaska agrees that it will only use your personal information in accordance with the terms of the myAlaska Privacy Policy.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of myAlaska, you agree that you will not use myAlaska for any purpose that is unlawful or contrary to this User Agreement. You also may not use myAlaska in any manner that could damage, disable, overburden, or impair the myAlaska system or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any myAlaska account, computer systems or networks associated with myAlaska. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through myAlaska.

TERMINATION/ACCESS RESTRICTION

The State of Alaska reserves the right, in its sole discretion, to terminate your access to myAlaska or any portion thereof at any time, without notice.

The State of Alaska may also terminate or suspend your access to myAlaska for inactivity, which is defined as failing to sign in myAlaska for an extended period of time, as determined by the State of Alaska. The amount of time that the State of Alaska currently considers an "extended" period of time (if any) is described in the myAlaska Frequently Asked Questions. Upon termination of your myAlaska account, your right to use myAlaska immediately ceases.

GENERAL

These Terms of Use are governed by the laws of the State of Alaska, USA

The State of Alaska's performance of this agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of the State of Alaska's right to comply with governmental, court and law enforcement requests or requirements relating to your use of myAlaska or information provided to or gathered by the State of Alaska with respect to such use. You agree to indemnify and hold the State of Alaska harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on myAlaska. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. This User Agreement, including the documents expressly incorporated by reference above, constitute the entire agreement between you and the State of Alaska with respect to myAlaska

INTELLECTUAL PROPERTY NOTICES

All contents of the myAlaska Web Site are: Copyright (c) 2003 State of Alaska. All rights reserved.

Revised March 1, 2003

Terms and Conditions and Evidentiary Presumption of Attribution

One potential issue with e-signatures is a weekness relative to a holographic signature with respect to evidentiary presumption of attribution. This weakness could possibly be addressed by adding to the terms and conditions:

As the applicant for e-signature credentials you accept that whenever an electronic signature is affixed using the unique credentials assigned to you, it will be presumed to be your signature, and the burden of proof for repudiation of this electronic signature will be on you as the custodian of the e-signature credentials.

Here is example language from a prior version of the Illinois Electronic Commerce Security Act

In resolving a civil dispute involving a secure electronic signature, it shall be rebuttably presumed that the secure electronic signature is the signature of the person to whom it correlates.

Signing Ceremony

A signing ceremony addresses the requirement to indicate such person's approval... by delineating the act of an eSignature, emphasizing eSignature terms and conditions, and providing notice of the criminality of eSignature fraud.


Signing Ceremony Text from the State of Alaska myAlaska System

Signature Agreement:
By your clicking on 'Electronically Sign' below, you are confirming that you are Sally Q. Public as identified by the myAlaska username sallyq, that you understand that an electronic signature is taking place and you intend to be bound by and authenticate this electronic record and attest to the statements contained within, and that you understand that submitting another individual's electronic signature or attesting to false statements in an electronic record is a false statement that is punishable as unsworn falsification under AS 11.56.210; is an offering of a false instrument for recording that is punishable under AS 11.46.550; and may constitute other crimes such as perjury, theft, attempted theft, criminal mischief, forgery, criminal impersonation, scheme to defraud or criminal use of a computer; or other criminal offenses under state, municipal, or federal law.


Terms and Conditions

By typing my name in the indicated fields, I hereby certify that all of the information submitted in this logbook entry is true, accurate and complete.  I am also agreeing to conduct business electronically with the National Oceanic and Atmospheric Administration in accordance with the Government Paperwork Elimination Act (GPEA) (P.L. 105-277, 44 U.S.C. 3504 note).  I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form, and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement.  I further understand that false statements made knowingly and willfully on this logbook are punishable by fine and/or imprisonment under the provisions of 16 U.S.C. §1857 and 18 U.S.C. §1001.

  I have read and understand the statement above


Signed:

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Receipt

Sample receipt text:

Receipt from the State of Alaska myAlaska System