Acceptable Use Policy for EWC HousingNet Internet Service Customers 1. INTRODUCTION AND COVERAGE General This Acceptable Use Policy (AUP) governs the use of the EWC HousingNet resources and is in place to protect the residents and administration of the East-West Center (EWC). This policy in its entirety shall be considered an amendment to the Resident Conduct Code. All users of the EWC HousingNet are required to comply with this policy. Users must also comply with all terms and conditions of applicable agreements, and with any additional policies that may be applicable to a specific service offered by EWC. Internet access is provided as-is to residents of EWC Housing with no warranties or guarantees of any kind, including system reliability, availability or connectivity. Resident is responsible for providing equipment with an Ethernet interface, Ethernet cable to connect the equipment to the wall jack and compatible software. Although basic support is provided, the user is ultimately responsible for hardware and software compatibility. Definitions As used in this Acceptable Use Policy, the terms shall have the respective meanings set forth below: "EWC" includes, without limitation, the East-West Center. "EWC Housing" includes, without limitation, the EWC Housing operations. "EWC HousingNet" includes, without limitation, EWC Housing's residential Internet access, and all systems, services and products that utilize, or are utilized in connection with EWC Housing's residential Internet access. Goals EWC seeks to promote a high level of responsible behavior in connection with the use of the Internet and has formulated this AUP to accomplish the following goals: To protect the reputation and resources of EWC, EWC Housing, its customers and the Internet community at large, from irresponsible or illegal activities, To ensure the privacy, security, and reliability of the EWC HousingNet, the network and systems of EWC Housing's customers and (in as much as EWC is reasonably able to do so) the Internet at large, To establish guidelines for the acceptable use of the EWC HousingNet, To define generally those actions which EWC considers abusive and prohibited and To outline procedures for handling and reporting abuse to EWC. Responsibilities The EWC HousingNet is provided for uses consistent with the mission of the EWC. EWC encourages responsible computing. Responsible computing is an awareness of and respect for intellectual property, ownership of data, system security mechanisms and an individual's right to privacy and freedom from intimidation, harassment and unwarranted annoyance. EWC provides Internet access only for personal, non-commercial use by its residents and guests. The EWC HousingNet may not be used for commercial purposes, advertising or unsolicited e-mailings. Business or other organizational activities utilizing this network, whether or not for profit, are prohibited. Services such as email and web hosting are not included. Users may, at their own cost and discretion, obtain additional services from relevant third party service providers. Each user is responsible for complying with this AUP and for providing reasonable assistance to EWC in investigating and resolving issues, problems, and/or complaints arising out of the services provided to such user.
The EWC HousingNet is a shared resource. EWC reserves the right to monitor traffic on the network for troubleshooting and statistical analysis. EWC reserves the right to ensure that systems connected to the network meet some minimum standard of security through the use of, but not limited to, active system scans across the network. This policy is in effect to preserve the integrity of the network and the safety of our users. Users are responsible for ensuring the security and integrity of their individual computer systems. In cases where a computer is compromised ("hacked into"), the user's network access may be temporarily terminated to prevent an extension of the attack. The user will be expected to follow instructions from network management staff for securing his/her machine so that network access can be re-established as quickly as possible. Conformance with Policies of Other ISPs and Third Party Service Providers: Residents must abide by the terms and conditions of the EWC HousingNet AUP and any AUP of other Internet Providers whose services are accessed through the EWC HousingNet systems or resources. Using EWC HousingNet systems or resources to engage in activities that violate the policies of another service provider constitutes a violation of this AUP. 2. POLICIES Physical Infrastructure Residential computing network facilities may not be modified or extended beyond the area of their intended use. This applies to all network wiring, hardware, in-room jacks and all other facilities used to provide network service. Tampering with or vandalizing network infrastructure is prohibited and may result in criminal investigation. Residence hall data jacks may not be used to provide network access to anyone other than the resident assigned to the data jack. Network access from the data jack cannot be extended to provide connectivity beyond the room in which the jack is installed by either wired or wireless means. Residents will be held responsible for all network activity, whether intentional or unintentional, emanating from their assigned data jack. Network Services The following actions would violate this AUP when utilizing network services through the EWC HousingNet systems and resources and are strictly prohibited: Operating servers of any kind without written authorization from EWC Housing. Additional restrictions may apply. Excessive use of bandwidth. Resale of EWC HousingNet's services. Any conduct that restricts or inhibits any other user, whether a resident of EWC Housing or not, from using EWC HousingNet's services, as determined by EWC in its sole discretion. Any activity that interferes with EWC, EWC Housing or EWC HousingNet operations. Harassment, whether through language, frequency or size of messages. Furnishing false or incorrect data to EWC on written or online applications, contracts or other materials or information provided to EWC, including fraudulent use of credit card numbers or "bill to" telephone numbers. Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document use of EWC HousingNet's services. Any conduct which violates the accepted norms and expectations of the EWC and Internet community at large (whether or not detailed in this AUP). EWC reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations. Use of programs, scripts or commands to abuse a Web site (for example, by connecting for an excessive amount of time, repeatedly engaging site-local scripts or related behavior). Sending unsolicited bulk e-mail ("UBE", spam or "spamming") of any kind. Non-commercial bulk e-mail may be sent only to recipients who have expressly requested receipt of such e-mail. Users that send solicited bulk e-mail are required to maintain records of all bulk e-mail subscription requests and to provide EWC with such records upon request of EWC to enable EWC to investigate complaints from third parties. The sender of any solicited bulk e-mail shall, upon the
request of a recipient, immediately remove such recipient from all applicable mailing lists and refrain from further transmissions of e-mail to such recipient. Sending commercial bulk e-mail of any kind, whether solicited or not. Setting up "mailback" or "drop box" addresses in order to receive responses from UBE, either directly by the user or by a third party on behalf of the user. Use of any auto-responder messages, mailing lists or any other programs or scripts run by a user to handle or re-distribute e-mail Network Security The following are examples of activities that would impact the network and system security; engaging in these or other activities that compromise or otherwise adversely affect network operations is a violation of this AUP and are strictly prohibited: Attempting to monitor, tamper or interfere with another user's electronic communications, or reading, copying, changing or deleting another user's files or software without the explicit agreement of the owner. Using IP addresses not specifically assigned by EWC HousingNet. Each residence hall data jack of the EWC HousingNet is allowed only one IP address and may connect only one device directly to the network at a time. Knowingly running or installing on any computer system or network or giving to another user programs intended to damage or place an excessive load on a computer system or network. This includes, but is not limited to, programs known as computer viruses, Trojan horses and worms. Connecting DHCP, BOOTP or RARP servers directly to the network. Using tools designed to check for computer system or network security vulnerabilities. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Forging of any IP packet header in part or whole. Sending massive quantities of data (e.g. "flooding" with ICMP, SMTP or any other type of traffic that exceeds accepted norms of size or frequency) with the intent of filling circuits, overloading systems or crashing hosts. Attempting to attack or disable any user, host or site. Using, distributing, or propagating any type of program, script or command designed to interfere with the use, functionality or connectivity of any Internet user, host, system or site (e.g. propagating messages, via e-mail, posting or otherwise, that contain computer worms, viruses, control characters or Trojan horses). Intentionally or negligently injecting false data into the Internet, e.g. bad routing information (including, but not limited to, the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. The exploitation or attempted exploitation of any scripts presented on Web pages (e.g. forms for answering questions or for entering data). "Walking" a database for the purpose of collecting data contained therein (whether or not this behavior requires that the reader of the page must knowingly ignore files such as "robot.txt" which is designed to guide cataloguing robots/programs). Operating a robot on a site's page after the site has asked that the behavior cease. Configuring a web page to act maliciously against users that visit that web page. It is strictly prohibited to attempt to circumvent the authentication procedures or security of any host, network, network component or account (i.e. "cracking") to access data, accounts or servers, which the user is not expressly permitted or authorized to access. This prohibition applies whether or not the attempted intrusion is successful and includes unauthorized probes or scans performed with the intent to gather information on possible security weaknesses or exploitable configurations. Illegal Activities Activities, which are in violation of any local, state or federal laws, statutes, regulations, treaties or tariffs, would constitute a flagrant violation of this AUP. Prosecution under State and Federal laws may also apply. Activities that are strictly prohibited as potentially illegal include, but are not limited to: The distribution, dissemination, storage, copying and/or sale of materials protected by copyright, trademark, trade secret or other intellectual-property right laws. This could include, but is not limited to, the digitization and distribution of photographs from magazines, books and web sites; illegal copying and distribution of digitized audio or video from copyrighted material including, but not limited to, music and motion pictures; illegal copying of pirated software (warez) or violating US exporting laws.
Participating in illegal gambling, lotteries or other similar activities. Transmitting of or engaging in consumer fraud such as Make-Money-Fast schemes, chain letters and pyramid schemes. Making fraudulent offers by e-mail or other means of products, items or services. Threatening bodily harm, property damage or acts of death against individuals or groups. Attempting to access the accounts of others or other computers or networks to penetrate security measures, whether or not the intrusion was successful or results in damage. Forging or otherwise misrepresenting one's identity via electronic or any other form of communication. This includes the use of an IP address not specifically assigned to you and the use of a forged or false identity. Forging of message headers or a sender's identity or taking any similar action with the intent of bypassing restrictions or limits on access to a specific service or site (such as a moderated newsgroup or a site utilizing filters) or misleading recipients or intermediate systems of the true source or path of the message. This prohibition does not restrict the legitimate use of aliases or anonymous re-mailers. Falsifying identity or contact information (whether given to EWC, to the InterNIC or put in a message header) to circumvent this AUP. This prohibition does not restrict the legitimate use of aliases or anonymous re-mailers. Creating, forwarding, posting or distribution of chain messages of any type (also known as "pyramid" or "Ponzi" schemes). The transmission, distribution or storage of any information, data or material in violation of any applicable law or regulation is prohibited. Without limitation of the foregoing, it is strictly prohibited to create, transmit, distribute or store any information, data or material which: o Is obscene or constitutes child pornography. o Is libelous, defamatory, hateful, or constitutes an illegal threat or abuse. o Violates export control laws or regulations. o Encourages conduct that would constitute a criminal offense or give rise to civil liability. 3. POLICY ENFORCEMENT AND POSSIBLE PENALTIES EWC Housing staff generally resolves minor infractions of these policies informally. Repeated minor infractions or misconduct that is more serious will be dealt with according to the processes detailed in the Resident Conduct Code. Users who violate this AUP may incur criminal or civil liability. EWC may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations. Misuse of computing, networking, or information resources may result in the loss of computing privileges, as well as other disciplinary action under Resident Conduct Code guidelines, EWC or University of Hawaii regulations and criminal prosecution under applicable statutes. Illegal reproduction of material protected by U.S. Copyright Law is subject to civil damages and criminal penalties including fines and imprisonment. EWC Housing reserves the right to terminate a network connection temporarily in order to prevent expansion of a threat to network security, in cases where a user's account is seriously degrading network performance, or for repeated AUP infractions. 4. LEGAL Limitation of Liability EWC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business or business opportunity, loss of use, etc., even if advised of the possibility of such damages. EWC shall not be liable for any direct or actual damages. EWC makes no warranties or representations herein, either expressed or implied, concerning the EWC HousingNet and expressly disclaims warranties of fitness for a particular use or purpose, the warranty of merchantability and any other warranty implied by law. Privacy Residents are entitled to privacy in their use of information resources to the extent possible, subject to provisions of state and federal law.
Files may be subject to search under court order. In addition, system administrators may access user files in order to protect the integrity of computer systems. For example, following organizational guidelines, EWC may access or examine files or accounts that are suspected of unauthorized use or misuse or that have been corrupted or damaged. Miscellaneous EWC provides an unfiltered connection to the Internet. No documents, materials or information that enters or leaves the EWC HousingNet is reviewed before being transmitted to or from users. Accordingly, EWC neither controls nor accepts responsibility for the content of any communications that are transmitted or made available to users, regardless of whether they originated from users of the EWC HousingNet. In addition, EWC expressly disclaims any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the use of the EWC HousingNet. EWC reserves the right to remove or otherwise render unavailable EWC HousingNet access to any user who has any materials, which at EWC s sole discretion, are deemed potentially illegal or which may subject the EWC or EWC Housing to liability or in other ways violate this AUP. EWC reserves the right to restrict or block network protocols or services that adversely impact network accessibility for all residents. Services are available contingent upon responsible use by residents as a whole and upon reasonable capacity usage by individual residents. Any abuse whatsoever may be deemed cause for termination of services. EWC Housing reserves the right to cooperate with legal authorities or injured third parties in the investigation of any suspected crime or civil wrong. Revisions EWC reserves the right to modify this AUP at any time without notice. 4. CONTACT Complaints and contact information for EWC HousingNet customers Any complaints regarding prohibited use or other abuse of the EWC HousingNet, including violations of this AUP, should be sent via e-mail to EWC at: abuse@eastwestcenter.org. Please include all applicable information that will assist EWC in investigating the complaint, including all applicable subject lines of forwarded messages. Sites experiencing live attacks from EWC HousingNet customers should call into the HousingNet Support Center (telephone 808-441-5001) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention.