93-500 BOT 05-30-13 COMPUTER ACCOUNT AND NETWORK POLICY 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 resources. 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 laws. 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 prohibited. 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 liabilities. 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 access. 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. SECTION F: INTERNET CONTENT FILTERING/SAFETY 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 Internet. 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 students; * 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. SECTION G: CONSEQUENCES OF POLICY VIOLATION 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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