Network and Computing Usage Agreement
Purpose: Hawai‘i Pacific University provides a variety of computer and network resources to support university business and operations, along with the university-related communication, research, and curriculum-related needs of its students, faculty, and staff. Access to these resources is a privilege subject to HPU policies and procedures as well as state and federal laws governing computer network and Internet access. By using these resources, each network user accepts the responsibility to become informed about, and to comply with, all applicable laws and all university policies and procedures relating to the use of these resources. In using these shared resources for the HPU community, academic freedom, the right of free expression is balanced by the rights of others to freedom from intimidation, harassment, privacy, protection of intellectual property, and security of information.
This agreement applies to: in-class technology, electronic resources, computing devices, handheld devices, cellular phones, and services, both wired and wireless.
Personal equipment connected to the university network is also subject to this agreement. These guidelines apply to any user of IT resources provided by HPU and is in addition to those existing university policies and procedures applicable to students, faculty and staff.
Eligibility: The university will provide network accounts to students maintaining current enrollment status at the university. Policies concerning employees are also found in the “Employee Handbook” and the “Faculty Handbook.”
University Rights: The university reserves the right to:
Add, delete or modify categories of users.
Restrict or limit access to its system information services and its resources.
Monitor and examine all files and messages stored on its systems.
Monitor internal use of its system information services and its resources.
The network connection is for the use of authorized HPU users ONLY. An authorized user of the network system understands that there is no privacy expectation and expressly consents to the monitoring. When determined through receipt of legal notice that a violation has happened or through system monitoring that an HPU student appears to be using the system in breach of this policy, they may have all of their activities, files, messages or other information on the system examined, which could result in disciplinary action up to and including expulsion. Illegal activity may be reported to law enforcement officials.
Amend this policy as it sees fit.
You may use your Network Account to:
1. Communicate with others using email, instant messaging and blogs.
2. Search for and download legally available and appropriate files and software after careful review of the End User License Agreement (EULA).
The University has established the following for authorized HPU users:
1. An authorized user may access their account from on-campus locations through a wireless network connection to the university system by use of a personally owned device.
2. The university provides virtual desktops to all students, containing much of the software needed by students.
Acknowledgements
In the event of a hardware or software failure, HPU Information Technology Services (ITS) is NOT responsible for backing up, or recovering data stored on the computing device. University data should be stored on ITS approved shared drives or network/cloud storage.
The prohibited usage, responsibilities, and acknowledgements also apply to contracted third party services, such as Office 365 or Google Docs., and I agree to abide by this agreement when using those services provided by the university.
HPU data is the property of the university and upon request any HPU data that is placed in a cloud service or other external repository must be returned to the university.
Users of Hawai‘i Pacific University network accounts are also subject to any and all local, state or federal laws governing computers, electronic communication and information.
Notwithstanding HPU’s right to retrieve and read any electronic files and messages, such files and messages must be treated as confidential by other students, staff and faculty members, and accessed only by the intended recipient.
Prohibited Usage includes but is not limited to:
Unauthorized use of the passwords and encryption keys of others to gain access to the other person’s electronic files and/or email messages.
Using a code, accessing a file, or retrieving any stored information, unless authorized to do so.
Password sharing.
Retrieving or reading any electronic files and/or email messages that are not sent to them.
Attempting unauthorized access to data or attempt to breach security measures on any electronic communications system of the university or of third parties.
Transmitting messages or maintaining sites that are abusive, threatening, obscene or harassing. Examples of forbidden transmissions and sites include sexually-explicit messages, cartoons or jokes; unwelcome propositions or love letters; ethnic or racial slurs; or any other messages or postings that can be construed to be harassment or disparagement of others based on their sex, gender identification, race, sexual orientation, age, national origin, religious or political beliefs, or other classifications protected under federal or state law.
Transmittal, posting or display of slanderous or defamatory messages, text, graphics or images.
Obscenity; child pornography; threats; theft; and violation of intellectual property or defamation laws.
Unauthorized peer-to-peer file sharing, illegal downloading or unauthorized distribution of copyrighted materials.
Intercepting electronic communications without authorization.
Gambling in violation of applicable law.
Exporting of technologies subject to export control regulations (International Traffic in Arms Regulations’ (ITAR), Commerce Control List (CCL) by the Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) or to “denied persons” ) including software, and technical data without an export license if such license is required.
Disclosing, altering, or deleting any proprietary or confidential university information without proper authorization.
Use a university-provided account for non-university commercial purposes.
Maliciously attempt to degrade the performance of the university's computer system or change or damage the computer system or hardware. This includes the use of programs such as worms, Trojan horses or viruses.
The willful use of electronic communication systems to send or receive information, documents, messages or files that violate laws, regulations, or breaches the behavioral standards, academic conduct, or harassment policies of the university.
The use of electronic communications to intimidate others or to interfere with the ability of others to conduct HPU business, including academic pursuits.
Accessing or attempting to access restricted information held on the university systems.
Opening files from any unsolicited or unknown sources; includes email attachments and portable storage devices (USB Drives).
Knowingly post personal identifiable information (such as home address, telephone numbers, contact details, or other personal information) about anyone, without the express permission of the university.
Unauthorized Distribution of Copyrighted Material: The university is committed to respecting the rights of copyright holders and complying with copyright law. As a globally focused university environment supporting research, creative works, and undergraduate and graduate learning, the university recognizes that the exclusive rights of copyright holders are limited under federal copyright law by provisions supporting our educational, research and teaching endeavors, including the right to make a fair use of copyrighted materials and the right to perform or display works in the course of face-to-face teaching activities. The laws in this area are complex and failure to comply with restrictions on use can subject the university to penalties. All members of the community are encouraged to learn more about copyright, fair use and work; to obtain permission when necessary; and to operate within the requirements of copyright laws.
The unauthorized distribution of copyrighted material, including peer-to-peer file sharing, may subject a student to civil and criminal penalties. The university’s network and Internet access may not be used to illegally copy/download copyright-protected material, and/or violate federal or state laws related to the use of the Internet. Students violating this policy, including unauthorized peer-to-peer file sharing, illegal downloading or unauthorized distribution of copyrighted material using the university’s information technology system may receive disciplinary sanctions under the Code of Student Conduct, including temporary or permanent deactivation of access privileges, disciplinary action, referral to state or federal authorities and expulsion from the university. In addition, as the downloading of material at times will utilize excess bandwidth, the university at times may regulate the downloading of files via Internet access. In the event that the university is issued a lawful subpoena for information residing on our network, such information will be disclosed to civil or criminal authorities.
The university offers information on options for legal alternatives for downloading or otherwise acquiring copyrighted materials. For example, the Library research tools on MyHPU Portal are available for students or a librarian may assist students to gain access to copyrighted materials in the library databases. For a list of sites to legally download digital music and videos, go to www.educause.edu/legalcontent. Many of these sites charge and students should carefully read the terms and conditions of the license agreement so that individuals understand the fees they may incur. These sites are run by third parties and the university does not endorse or evaluate these providers.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws: 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.
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.
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. 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.
Disclaimer: Hawai‘i Pacific University is not responsible for the accuracy or content of any information found on the Internet, or for any damage to personally-owned computers or data resulting from any programs on the Internet, to include worms, viruses or Trojan horses. Each account holder should protect their personal equipment by using a virus protection program.
Termination of an Account
Violations of the Policy: Substantiated violations of this policy will result in the withdrawal of the privilege of an Internet account assigned to the user. Appropriate disciplinary or legal action will be taken by the university, if deemed necessary.
Change in Status and Termination: Accounts of students who are not currently enrolled in the university will be deactivated and removed.