They will need to prove more than that. The people sending the mail have certain fiduciary duties to the shareholders of the corporation. It will take some doing to convince an arbiter or, God forbid, a federal judge, that giving clear text copies of internal corporate communications to a third party is consistent with those obligations. Especially since the EULAs of these services typically oblige an enterprise to use the "...It's OK...they promise not to read it" defense.
Even better, an employee of one of these services, quite innocently, sells some of a client corporation's stock. That corporation better hope to whatever they consider Holy that the stock refrains from dropping for a while. SOX makes it a good deal easier to prosecute lots of different parties to the appearance of impropriety. Guilt and innocence goes out the window. What matters is what is LEGAL, and a little something called "burden of proof". In my own opinion, it is so low now that a sick kindergarten age child could hurdle it.
Unless you are a VERY good lawyer, or you can afford one, or preferably 10, I would advise you to stay away from any SOX entanglements. Sell the enterprise some software to run on their own servers, DO NOT offer to manage it if you are a startup.
That said, if you can afford the battalion of attorneys, move forward with your plans. Keep in mind however, indemnity clauses in the new SOX era means you go to prison WITH them should anything go horribly awry.
Even better, an employee of one of these services, quite innocently, sells some of a client corporation's stock. That corporation better hope to whatever they consider Holy that the stock refrains from dropping for a while. SOX makes it a good deal easier to prosecute lots of different parties to the appearance of impropriety. Guilt and innocence goes out the window. What matters is what is LEGAL, and a little something called "burden of proof". In my own opinion, it is so low now that a sick kindergarten age child could hurdle it.
Unless you are a VERY good lawyer, or you can afford one, or preferably 10, I would advise you to stay away from any SOX entanglements. Sell the enterprise some software to run on their own servers, DO NOT offer to manage it if you are a startup.
That said, if you can afford the battalion of attorneys, move forward with your plans. Keep in mind however, indemnity clauses in the new SOX era means you go to prison WITH them should anything go horribly awry.