SCOPE AND USE

Hussian College technology resources are to be used to advance the School’s mission to inspire creativity in art, education, professional endeavors and life.  Hussian College faculty, students and staff (“Users”) may use these resources for purposes related to their studies or research, their teaching, the execution of their duties as Hussian College employees, their official business with or for the School, or other School-sanctioned activities.  Hussian encourages the use of technology resources for these primary activities.  These resources include, but are not limited to the following if owned, leased, contracted, administered, or provided by the College: hardware (including telephones, PDAs, smartphones, computers, and traditional media equipment), software, electronically stored data, data networks, computer networks, electronic mail, or network connections of any kind accessible through School infrastructure or agreements (“Hussian IT Resources”). Unless approved in advance by the Dean of Academic Affairs, use of Hussian IT Resources for commercial purposes is prohibited.

The use of Hussian IT Resources for purposes not directly related to the primary activities indicated in the previous paragraph should be considered as secondary activities (i.e. personal or otherwise.)  Should such secondary activity in any way interfere with primary activities, they may be terminated immediately.

Many of the Hussian IT Resources including but not limited to computer networks, Internet network access and bandwidth, and Hussian IT Resources are shared amongst the entire School community.  The use of Hussian IT Resources may not violate Federal law, the laws of the Commonwealth of Pennsylvania, College policies and guidelines, or the rights of others.

PRIVATE DEVICES

Users that access Hussian IT Resources through private devices (e.g. laptop computers, personal computers, PDAs, smartphones, telephones, etc.) are responsible for the behavior of all persons using the private device, and all network traffic to and from the device, whether or not the owner/User is aware of the traffic generated. Users of such private devices may not connect to Hussian IT Resources (e.g. network connections) to provide network access for anyone who is not authorized to use the College systems. The private device may not be used as a router or bridge between College networks and external networks, such as those of an Internet Service Provider (ISP).

MONITORING

The College reserves the right to ensure reasonable use of Hussian IT Resources by monitoring access logs, traffic data, and network utilization. Users that are given access codes for Hussian IT Resources must maintain the secrecy of the access code and are prohibited from sharing the access code with other Users or third-parties. If a User shares their access code with another User or a third-party, they shall be responsible for all actions of such User or third-party which violate applicable law or College policies or guidelines.

Users should not expect any right of privacy when utilizing Hussian IT Resources. While the College may not routinely monitor the usage and communication of Users, it may access or examine files or accounts that are suspected of unauthorized use or misuse, that have been corrupted or damaged, or that may threaten the integrity of the Hussian IT Resources. Traffic to and from private devices of Users that have accessed Hussian IT Resources will be monitored if staff has reason to believe that the User has engaged in illegal activities or activities in violation of this policy.

PROHIBITED ACTIVITIES

Users of Hussian IT Resources may not engage in prohibited activities which include, but are not limited to:

• Activities that obstruct usage or deny access to technology resources
• Activities that could be considered as harassing, libelous or obscene
• Activities that violate copyright or other intellectual property rights of others, including but not limited to transmitting, receiving, sharing, downloading or uploading copyrighted works without the consent of the copyright owner
• Activities that violate Hussian College policies
• Activities that violate local, state or federal laws
• Unauthorized use of computer accounts
• Impersonating other individuals
• Attempts to explore or exploit security provisions, either at the College or elsewhere
• Activities that invade the right to privacy of others
• Destruction or alteration of data belonging to others
• Downloading third-party software to College hardware
• Creating, using or distributing computer viruses
• Allowing other individuals to use your account/password
• Disruption or unauthorized monitoring of electronic communications or of computer accounts
• Academic dishonesty (e.g., plagiarism, cheating)
• Inappropriate and/or widespread distribution of electronic communications (e.g. “spamming”).
• The creation and propagation of anonymous or identified websites such as “blogs” for the purpose of disparaging, deingrating, harassing, damaging, or defaming the School or any of its students, employees, officers, or board members in the College-related roles or positions.

POSTINGS AND COMMUNICATIONS

Users that wish to use College data or telecommunications infrastructure and/or information systems to access the World Wide Web, the Internet, instant messaging or chat functions, e-mail (including but not limited to “@hussianart.edu” email) and other channels and means of information dissemination now known or later developed.  Users providing information through these channels or resources must also abide by the general policy statements below.  These policy statements should be interpreted where possible to active means of communication and information dissemination (e.g. e-mail, chat, etc.), as well as passive means and channels of information access and dissemination (e.g. World Wide Web and the Internet).

Publishing anonymous information through the use of College technology resources that violates any of the foregoing provisions is strictly prohibited.  All publications must contain the electronic mail address of the person making the information available.  For example, active information such as e-mail must contain the e-mail address of the sender in the FROM: field.  Passive information, such as that found on the World Wide Web, must contain the e-mail address of the author, owner or sponsor at the bottom of the page.

All information must carry a date identifying when the information is being made available.  For information made available actively, such as through e-mail, the date would appear in the DATE: field.  For passive information, such as that published on the World Wide Web, the date should appear at the bottom of the page labeled as the posting date.

STATEMENT ON FILE SHARING AND COPYRIGHT INFRINGEMENT

Federal copyright law applies to all forms of information, including electronic communications. Members of the School community should be aware that copyright infringement includes the unauthorized copying, displaying, and/or distributing of copyrighted material, including peer-to-peer file sharing.  All such works, including those available electronically, should be considered protected by copyright law unless specifically stated otherwise.

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.

Hussian College complies with all provisions of the Digital Millennium Copyright Act (DMCA). Any use of the Hussian IT Resources to transfer copyrighted material including, but not limited to, software, text, images, audio, and video is strictly prohibited.  Therefore, the use of peer-to-peer file sharing programs such as BitTorrent, KaZaA, Morpheus, iMesh, etc. is, in most cases, a violation of School policy and federal law. Hussian currently blocks commonly known peer-to-peer ports at the network’s border firewall as a technology-based deterrents to combat the unauthorized distribution of copyrighted materials. Anyone using Hussian IT Resources to commit acts of copyright infringement will be subject to the School’s due process.

There are many legal sources for copyrighted material such as music and movies. Educause offers an updated website of legal sources of online content at http://www.educause.edu/legal-sources-online-content .

The following resources provide best practices for assisting in making a reasoned decision of fair-use of media materials:
http://www.centerforsocialmedia.org/fbest-practices-fair-use-media-literacy-education
http://www.centerforsocialmedia.org/best-practices-fair-use-online-video
Additionally the Web site of the U.S. Copyright Office at www.copyright.gov, and especially its FAQ’s at http://www.copyright.gov/help/faq are helpful in understanding the limits of copyright law.

DISCIPLINE

The College intends to place effort toward development of technology resources and not the policing of the use of those resources. Engaging in any activity that violates or is prohibited by any current operational policies may result in loss of access privileges or computing privileges, in addition to disciplinary action taken by the College in accordance with the disciplinary provisions of the Student Handbook, Faculty Handbook, or Employee Policy Manual (as applicable), in addition to separate legal action.

STATEMENT ON INDEMNIFICATION/LIABILITY

Hussian College makes no express or implied warranties of any kind regarding the Hussian IT Resources and will not be responsible for any damages suffered by Users. Users assume all risks commonly associated with accessing information technology resources similar in kind and nature to the Hussian IT Resources.

All Users agree to indemnify and hold harmless Hussian College and the Board of Directors from and against any claim, lawsuit, cause of action, damages, judgment, losses, expenses, or liability resulting from any claim, including reasonable attorneys’ fees, arising out of or related to the use of the Hussian IT Resources. This indemnity shall include, without limitation, those claims based on trademark or service mark infringement, trade name infringement, copyright infringement, defamation, unlawful discrimination or harassment, rights of publicity, and invasion of privacy.

APPLICABLE LAWS

Pennsylvania Law – It is a violation of Pennsylvania law to access, alter, or damage any computer system, network, software or database, or any part thereof, with the intent to interrupt the normal functioning of an organization. It is also unlawful to knowingly and without authorization, disclose a password to any computer system, network, or to gain unauthorized access to a computer or to interfere with the operation of a computer, network, or to alter, without authorization, any computer software. Violations of these sections of the law are punishable with up to $15,000 fine and seven years imprisonment. Disclosing a password to a computer system, network, etc., knowingly and without authorization, is a misdemeanor punishable by a fine up to $10,000 and imprisonment of up to five years.

Federal Law – The following federal legislation applies:
▪    USA Patriot Act
▪    Homeland Security Act of 2002, Section 225 (Cyber Security Enhancement Act of 2002)
▪    17 U.S.C. § 101 et seq. Federal Copyright Law.
▪     Prosecutorial Remedies and tools Against the Exploitation of Children Today Act, 18 U.S.C. § 2702 (PROTECT Act)
▪    18 U.S.C. § 1029. Fraud and related Activity in Connection with Access Devices
▪    18 U.S.C. § 1030. Fraud and related Activity in Connection with Computers
▪    18 U.S.C. § 1362. Communication Lines, Stations, or Systems
▪    18 U.S.C. § 2510 et seq. Wire and Electronic Communications interception and Interception of Oral Communications
▪    18 U.S.C. § 2701 et seq. Stored Wire and Electronic Communications and Transactional Record Access
▪    18 U.S.C. § 3121 et seq. Recording of Dialing, Routing, Addressing, and Signaling Information