PPM 93-500 Computer Account and Network (Policy) on www.olc.edu

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                                                                                        BOT 05-30-13

Students and staff of Oglala Lakota College who have been provided with access to networks, 
including the Internet, by the college shall be governed by the following policy.

                            SECTION A:  PHILOSOPHY

Risk:  It is impossible to control all materials on the network.  Sites accessible via the network, 
particularly networks under OLC control, might contain material that is illegal, defamatory, 
obscene, inaccurate, or controversial.  With global access to computers and people, there is a risk 
that students may access material that might not be considered to be of educational value in the 
context of the school setting.
Users Responsible:  Network users, like traditional library users, are responsible for their actions 
in accessing available resources.  The user is responsible for making sure any information 
received does not contain pornographic material, inappropriate information, inappropriate 
language, or files that are potentially dangerous to the integrity of the hardware/software on 
school premises.

                          SECTION B: ACCEPTABLE USE

Oglala Lakota College network access may be used to improve learning and teaching consistent 
with the educational mission of OLC.  Oglala Lakota College expects legal, ethical and efficient 
use of the network.

Access:  Oglala Lakota College may issue network accounts to provide access to network 

Privilege:  Use of a personal Oglala Lakota College network account, once issued, is a privilege, 
not a right.

Voluntary:  Use of a personal Oglala Lakota College network account is voluntary on the part of 
the student or staff.

Subject to Network Administration:  All Oglala Lakota College network account usage is subject 
to examination or investigation as needed without prior notification or consent of the user.

                         SECTION C:  IMPLIED CONSENT

By accessing Oglala Lakota College’s network you have entered into a legally binding 
contract with implied consent to all terms and conditions of the contract.  Listed below are 
the provisions of this contract.  If any user violates these provisions, access to the information 
service may be denied and you may be subject to disciplinary action.

Terms and Conditions of this Contract:

Personal Responsibility:  As a representative of this school, each user will accept personal 
responsibility for reporting any misuse of the network to the network administrator.  Misuse can 
come in many forms, but it is commonly viewed as any message(s) sent or received that indicate 
or suggest pornography, unethical or illegal solicitation, racism, sexism, inappropriate language, 
installation or copying of files or unapproved software, and other issues described below.  All of 
the rules of conduct described in the Oglala Lakota College Student Handbook apply when you 
are on the network.

Acceptable Use:  The use of an assigned account must be in support of education and research 
and within the educational goals and objectives of Oglala Lakota College.  Each user is 
personally responsible for this provision at all times when using the network.

	a. Use of other organizations’ networks or computing resources must comply with rules 
           appropriate to the Oglala Lakota College network.

	b. Transmission of any material in violation of any international, federal, state, or tribal 
           regulation and/or law is prohibited.  This includes, but is not limited to: copyrighted material, 
           threatening, harassing or obscene material, or material protected by trade secret.  Any attempt to 
           break the law while using Oglala Lakota College facilities may result in prosecution or litigation 
           against the offender.  If such an event should occur, Oglala Lakota College will fully cooperate 
           to the extent permitted by law with the authorities to provide any information necessary in 
           connection with prosecution.

	c. Use of the network for commercial activities and product advertisement are prohibited.

	d. Use of the network for product or political lobbying is prohibited.

Each user is aware that inappropriate use of electronic information resources can be a violation 
of local, state, and federal laws and regulations and the user can be prosecuted for violating those 

Privileges:  The use of the information system is a privilege, not a right, and inappropriate use 
will result in a cancellation of those privileges.  Each person who receives an account will 
participate in an orientation or training course with a faculty member as to proper behavior and 
use of the network.  The Oglala Lakota College network administrator will decide what will be 
regarded as appropriate and acceptable use.  The network administrator(s) may close an account 
at any time deemed necessary.  The administration, staff, or faculty of Oglala Lakota College 
may request the network administrator to deny, revoke, or suspend specific user accounts.
Network Etiquette and Privacy:  You are expected to abide by the generally accepted rules of 
network etiquette.  These rules include, but are not limited to, the following: 

	a. Be Polite:  Never send, or encourage others to send, abusive messages.

	b. Use Appropriate Language:  Remember that you are a representative of Oglala Lakota 
           College on a non-private system.  You may be alone with your computer, but what you say and 
           do can be viewed globally!  Never swear, use vulgarities, or any other inappropriate language.  
           Illegal activities of any kind are strictly forbidden.

	c. Electronic Mail:  Electronic mail (e-mail) is not guaranteed to be private.  E-mail 
           accounts may not be used for private or commercial activities.  Messages relating to or in support 
           of illegal activities must be reported to the authorities.

	d. Disruptions:  Do not use the network in any way that would disrupt use of the network 
           by others.

	e. Accounts:  Accounts are not for private or commercial use.

Services:  The Oglala Lakota College makes no warranties of any kind, either expressed or 
implied, for the service it is providing.  Oglala Lakota College will not be responsible for 
damages suffered by the user while on this system.  These damages include loss of data as a 
result of delays, non-deliveries, mis-deliveries, or service interruptions caused by the system or 
user errors or omissions.  The user assumes the risk of any information obtained via the 
information system.  Oglala Lakota College specifically disclaims any responsibility for the 
accuracy of information obtained through its services.

Security:  Security on any computer network is a high priority.  Each user is responsible to 
immediately notify the system administrator of any security problems.  Never demonstrate the 
problem to other users.  Never use another individual’s account without written permission from 
that person.  All use of the system must be under your own account.  Any user identified as a 
security risk will be denied access to the information network.

Vandalism:  Vandalism is defined as any malicious attempt to harm or destroy data of another 
user, agency, or network connected to this system.  This includes, but is not limited to, the 
uploading or creation of computer viruses.  Any vandalism will result in the loss of computer 
services, disciplinary action, and legal referral.

Updating:  The network administrator may require periodic updates in the user’s account 
information to maintain each user’s account.  Each user or account holder must also notify the 
network administrator of any changes in their account information.

                             SECTION D:  INAPPROPRIATE USE

Inappropriate use includes, but is not limited to, those users: that violate the law, that are not in 
accord with this policy, or that hamper the integrity or security of Oglala Lakota College 
networks or any external networks to which OLC networks are connected.  Logging on, or 
attempting to log on, the name or account of another person or entity is prohibited.

Offensive or Inflammatory Speech:  Users must respect the rights of others both in the local 
community and the network at large.  Personal attacks are an unacceptable use of the network.  If 
a user is the victim of an inappropriate communication the incident shall be brought to the 
attention of a staff person or network administrator.

User ID Violations:  Once an account is issued to a user, that user is responsible for all actions 
taken while using that account.  Sharing of an account with another person is prohibited.

Electronic Mail Violations:  Forgery of electronic mail messages is prohibited.  Reading, 
deleting, copying, or modifying the electronic mail of other users is prohibited.  Sending 
unsolicited junk e-mail or e-mail chain letters is prohibited.

File/Data Violations:  Deletion, examination, copying, or modification of fields, and/or data 
belonging to another user is prohibited.

Non-Academic Use:  District technology is a valuable, scarce resource.  It is not to be used for 
non-academic purposes, such as game playing, unless approved by the District Director or 
network administrator.

System Interference/Alteration:  Attempts to exceed, evade or change resource quotas that may 
be established are prohibited.  Quotas are limits on local hard drive storage space or network 
time or storage space which are designed to allow all users an equitable opportunity to access 
resources.  Causing network congestion through mass consumption of system resources is 

                        SECTION E:  COPYRIGHT INFRINGEMENT

Higher Education Opportunity Act Peer-to-Peer Compliance:  The Higher Education 
Opportunity Act (HEOA) contains provisions for the regulation of peer-to-peer (P2P) 
applications when used in ways that infringe on the copyrights of commercial works (usually 
entertainment media files).  Several sections of the HEOA deal with unauthorized file sharing on 
campus networks, imposing three general requirements on all U.S. colleges and universities:

   *	An annual disclosure to students describing copyright law and campus policies related to 
        violating copyright law.
        o   A statement that explicitly informs its students that unauthorized distribution of 
            copyrighted material, including unauthorized peer-to-peer file sharing, may 
            subject the students to civil and criminal liabilities;
        o   A summary of the penalties for violation of federal copyright laws (see sample 
            below); and
        o   A description of the institution’s policies with respect to unauthorized peer-to-
            peer file sharing, including disciplinary actions that are taken against students 
            who engage in illegal downloading or unauthorized distribution of copyrighted 
            materials using the institution’s information technology system.
   *	A plan to “effectively combat the unauthorized distribution of copyrighted materials” by 
        users of its network, including “the use of one or more technology-based deterrents”.  
        Technology-based deterrents may include:
        o   Bandwidth shaping;
        o   Traffic monitoring to identify the largest bandwidth users;
        o   A vigorous program of accepting and responding to Digital Millennium Copyright 
            Act (DMCA) notices; and/or
        o   A variety of commercial products designed to reduce or block illegal file sharing.

OLC complies with these provisions in the following ways:

   *	OLC provides disclosure reminders through the Acceptable Use and Implied Consent 
        sections of this policy whenever users:
        o   Register for classes or
        o   Apply for admission.
   *	OLC has chosen to deploy “a vigorous program of accepting and responding to Digital 
        Millennium Copyright Act (DCMA) notices” as our technology-based deterrent.
   *	Additional technology-based deterrents including router-based protocol dropping and 
        vendor-provided filtering.

Notification Statement for Current and Prospective Students (and others):
   *	Unauthorized distribution of copyrighted material, including unauthorized peer-to-peer 
        file sharing, may subject the user of OLC IT systems and services to civil and criminal 
        o   In plain, non-technical, non-legal language:  If you have a program, application or 
            service on your computer that allows you to get any song, video, game or other 
            entertainment file that you want for free even though you could buy it in the store 
            or online, you are at risk of violating copyright and being discovered and 
            prosecuted.  When you use one of those programs, usually a peer-to-peer file 
            sharing utility like Limewire, Gnutella, Morpheus, KaZaA, BitTorrent or others, 
            you don’t just receive files.  In an “honor among thieves” arrangement your 
            computer silently and automatically becomes an illegal provider of those files to 
            other peer-to-peer users on the Internet.
   *	The consequences of this illegal file-sharing, whether intentional or not, according to the 
        U.S. Department of Education, include:
        o   Copyright infringement is the act of exercising, without permission or legal 
            authority, one or more of the exclusive rights granted to the copyright owner 
            under Section 106 of the Copyright Act (Title 17 of the United States Code).  
            These rights include the right to reproduce or distribute a copyrighted work.  In 
            the file-sharing context, downloading or uploading substantial parts of a 
            copyrighted work without authority constitutes an infringement.
        o   Penalties for copyright infringement include civil and criminal penalties.  In 
            general, anyone found liable for civil copyright infringement may be ordered to 
            pay either actual damages or “statutory” damages affixed at not less than $750 
            and not more than $30,000 per work infringed.  For “willful” infringement, a 
            court may award up to $150,000 per work infringed.  A court can in its discretion, 
            also assess costs and attorneys’ fees.  For details, see Title 17, United States Code, 
            Sections 504, 505.
        o   Willful copyright infringement can also result in criminal penalties, including 
            imprisonment of up to five years and fines of up to $250,000 per offense.
        o   For more information, please see the website of the U.S. Copyright Office at 
            www.copyright.gov, especially their FAQs at www.copyright.gov/help/faq. 
   *	Additionally, when a DMCA-compliant notice of copyright infringement is received by 
        the DMCA Agent for OLC, the user of record of the infringing OLC Internet Protocol 
        (IP) address is subject to the following administrative and disciplinary actions:
        o   The user of record is identified from the infringing IP address and the timestamp 
            provided in the complaint.   The corresponding network access is disabled for a 
            violation of the Acceptable Use section of this policy.
        o   The copyright owner’s representative is not provided with the identity of the user 
            of record.
        o   Contact Information for the user of record is obtained from the Jenzabar preferred 
            e-mail address.  Failure to maintain a current e-mail address will thwart contact 
            about the actions being taken and the remedies available, but will not relieve the 
            user of responsibility for the infringement.
        o   The user of record is provided with the notice of infringement (minus the contact 
            information for the copyright agent) as well as local instructions to regain network 
        o   The user of record is required to affirm that the infringing file(s) and file-sharing 
            software have been removed from the computer.  The user of record should 
            respond to OLC’s DMCA Agent and not to the copyright owner’s representative.
        o   Repeat infringements are referred to the Office of Student Services for an 
            interview and possible disciplinary action.
        o   If the infringing IP address is assigned to a user’s wireless router, it is the user’s 
            responsibility to secure the router so that it cannot be used for this or other 
            purposes by anonymous users.  This explanation is not a defense against a 
            copyright infringement complaint.


In compliance with the Children's Internet Protection Act (CIPA) and Regulations of the Federal 
Communications Commission (FCC), Oglala Lakota College has adopted and will enforce
Internet safety that ensures the use of technology protection measures on all college computers 
with Internet access. Such technology protection measures apply to Internet access by both adults 
and minors as defined by CIPA and Oglala Lakota College with respect to the use of computers 
by minors and/or use considered harmful to such students. Appropriate monitoring of online 
activities of minors will also be enforced to ensure the safety of students when accessing the 

The college’s decision to utilize technology protection measures and other safety procedures for 
faculty, staff and students when accessing the Internet fosters the educational mission of the 
college; including the selection of appropriate teaching/instructional materials and activities to 
enhance the college's programs, and helping to ensure the safety of college personnel and 
students while online. 

In addition to the use of technology protection measures, the monitoring of online activities and 
access by minors to inappropriate matter on the Internet and World Wide Web may include, but 
shall not be limited to, the following guidelines: 
   *	The presence of appropriate personnel will be ensured when students are accessing the 
        Internet including, but not limited to, the supervision of minors when using electronic 
        mail, chat rooms, instant messaging and other forms of direct electronic communications.  
        The use of e-mail, chat rooms, as well as social networking websites, may be blocked by 
        the appropriate building administrator as deemed necessary to ensure the safety of such 
   *	Access logs will be monitored in order to keep track of the web sites visited by students 
        as a measure to restrict access to materials harmful to minors; 
   *	In compliance with the Internet Safety and Acceptable Use sections of this OLC Policy, 
        unauthorized access (including so-called "hacking") and other unlawful activities by 
        minors are prohibited by the college, and student violations of such policies may result in 
        disciplinary action; and 
   *	Appropriate supervision and notification will be provided for minors regarding 
        prohibition of unauthorized disclosure, use and dissemination of personal identification 
        information regarding such students. 

The determination of what is "inappropriate" shall be determined by the college and/or 
designated official(s). It is acknowledged that the determination of such "inappropriate" material 
may vary depending upon the circumstances of the situation and the age of the students involved 
in online research.  

Under certain specified circumstances, the blocking or filtering technology measure(s) may be 
disabled for adults engaged in bona fide research or other lawful purposes. The power to disable 
can only be exercised by an administrator, supervisor, or other person authorized by the college. 

The college shall provide certification, pursuant to the requirements of CIPA, to document the 
college's adoption and enforcement of Internet Safety, including the operation and enforcement 
of technology protection measures (i.e., blocking/filtering of access to certain material on the 
Internet) for all college computers with Internet access. 

Access to Inappropriate Content/Material and Use of Personal Technology or Electronic 
Devices:  Despite the existence of college policy, regulations and guidelines, it is virtually 
impossible to completely prevent access to content or material that may be considered 
inappropriate for students. Students may have the ability to access such content or material from 
their home, other locations off school premises and/or with a student's own personal technology 
or electronic device on school grounds or at school events. 

The college is not responsible for inappropriate content or material accessed via a student's own 
personal technology or electronic device or via an unfiltered Internet connection received 
through a student's own personal technology or electronic device. 

Notification/Authorization:  The college has provided reasonable vetting through the college’s 
governance system to address the Internet Content Filter/Safety as part of the Computer Account 
and Network Policy prior to formal adoption.  The college's policy regarding Internet Content 
Filtering/Safety, Section F of the Computer Account and Network Policy, must be made 
available to the FCC upon request. Furthermore, appropriate actions will be taken to ensure the 
ready availability to the public of this policy.


A user’s network privileges may be interrupted or terminated for any violation or attempted 
violation of this policy.

A user’s network privileges may be interrupted or suspended by a staff member, administrator or 
the network administrator while a suspected violation is being investigated and while 
determination of an appropriate discipline is in progress.  During such an investigation and 
determination, alternative opportunities for the user to complete assignments will be made 
available where appropriate and reasonably possible.  Before suspension or termination of 
network privileges, the user will be advised of the suspected violation.

                              SECTION H:  SECURITY

High Priority:  Security on any computer network is a high priority, especially when the network 
involves many users.

Reporting Security Problems:  If the user identifies a security problem on the network, it is 
expected that a user will notify the Director of Technology or a designee.  The user must not 
share the security problem with other users.

Security Risks Denied Access:  Any user identified as a security risk or having a history of 
violation with other computer networks may be denied access to network through Oglala Lakota 
College facilities.  It is the intent of Oglala Lakota College to prohibit access to such persons.

                              SECTION I:  DISCLAIMER

Oglala Lakota College makes no warranties of any kind, whether expressed or implied, for the 
network facilities it is providing.  Oglala Lakota College will not be responsible for any damages 
suffered by its users.  This includes loss of data resulting from delays, non-deliveries, or service 
interruptions caused by its own negligence or user errors or omissions.  Oglala Lakota College is 
not responsible for phone/credit card bills or any other charges incurred by users.  Use of any 
information obtained via the network is at the user’s own risk.  Oglala Lakota College 
specifically denies any responsibility for the accuracy or quality of information obtained through 
its network facilities.

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