Terms of Use for USU IT Resources

1. “USU IT Resources” means USU’s computing, Internet, electronic mail, and other communication and information technology resources.  USU IT Resources includes, for example, USU’s websites and information posted thereon, software and online services provided by USU, including through the cloud, and USU’s technology network, and communications and computing devices, computers, data storage systems, mobile devices, electronic data, networks, electronic mail services, electronic information sources, voice mail, telephone services, and other communication resources.
2. “Users” means all person using USU IT Resources.
3. “IT” means USU Information Technology. 

II. GENERAL. 

USU IT Resources are the property of USU and are to be used to support and further USU’s mission.  USU IT Resources are provided for the use of faculty, staff, currently admitted or enrolled students, and other properly authorized Users. USU may, at its discretion, permit Users to have the access to accounts and e-mail forwarded or redirected for a limited period. 

IT is responsible for the maintenance and security of USU IT Resources. This includes recommendations for effective practices by its Users.  These Terms of Use may be updated from time-to-time without notice and are designed to aid Users in protecting the confidentiality, availability, and integrity of USU IT Resources. 

III. USER REQUIREMENTS. 

In using USU IT Resources, Users agree to comply with USU Policy 5200: Information Security and Appropriate Use.  Users also agree to the privacy terms set forth in USU’s Privacy Notice.  In addition, Users must: 

1. Comply with all applicable local, state, and federal laws and regulations, and with all applicable USU policies. 
2. Respect academic freedom and free speech rights. 
3. Be truthful and accurate in personal and computer identification. 
4. Respect the rights and privacy of others, including intellectual property and personal property rights. 
5. Not compromise the integrity of electronic networks, must avoid restricted areas, and must refrain from activities that may damage USU IT Resources, and transmitted or stored data. 
6. Maintain the security of accounts and must protect and regularly change their account passwords in keeping with the recommendations of IT. 
7. Notify, upon discovery or suspicion, USU IT of any information security concerns including, but not limited to, breaches of sensitive data or compromised accounts. 
8. Assume the protection, security, and integrity of USU data and resources under their control according to the standards maintained by USU. See Policy 5200. 

IV. PROHIBITED USES. 

Users acknowledge and agree that the following uses of USU IT Resources are prohibited:  

1. Unlawful communications, including threats of violence, obscenity, child pornography, and harassing communications. 
2. Use of USU IT Resources for private business or commercial activities, or for fund-raising or advertising on behalf of non-USU organizations. 
3. The unauthorized reselling of USU IT Resources. 
4. Unauthorized use of USU’s trademarks or logos and other protected trademarks and logos. 
5. USU webpages may link to commercial websites, but any link that generates, or has the potential to generate, revenue to USU or to any individual or company, including click trade or banner advertising, must be approved by USU administration. 
6. Any alteration of addresses, uniform resource locator (“URL”), or other action that masks the usu.edu domain as a host site is prohibited unless authorized by IT. 
7. Unauthorized anonymous or pseudonymous communications (All Users must cooperate with appropriate USU personnel or other authorized personnel when investigating the source of anonymous or pseudonymous communications). 
8. Misrepresenting or forging the identity of the sender or the source of an electronic communication. 
9. Unauthorized attempts to acquire and use passwords of others. 
10. Unauthorized use and attempts to use the computer accounts of others. 
11. Altering the content of a message originating from another person or computer with intent to deceive. 
12. Unauthorized modification or deletion of another person’s files, account, or news group postings. 
13. Use of USU IT Resources or data without authorization or beyond one’s level of authorization. 
14. Interception or attempted interception of communications by parties not authorized or intended to receive them. 
15. Making USU computing resources available to individuals not affiliated with USU without approval of an authorized USU official at or above the level of dean/vice president. 
16. Compromising the privacy or security of electronic information. 
17. Infringing upon the copyright, trademark, patent, or other intellectual property rights of others in computer programs or electronic information (including plagiarism and unauthorized use or reproduction).  
18. The unauthorized storing, copying, or use of audio files, images, graphics, computer software, data sets, bibliographic records, and other protected property, except as permitted by law. 
19. Interference with or disruption of the computer or network accounts, services, or equipment of others. 
20. The propagation of computer “worms” and “viruses,” the sending of electronic chain mail, denial of service attacks, and inappropriate “broadcasting” of messages to large numbers of individuals or hosts. 
21. Failure to comply with requests from appropriate USU officials to discontinue activities that threaten the operation or integrity of computers, systems, or networks, or that otherwise violate these Terms of Use. 
22. Revealing passwords or otherwise permitting the use by others (by intent or negligence) of personal accounts for computer and network access without authorization. 
23. Altering or attempting to alter files or systems without authorization. 
24. Scanning of networks, networked devices, or applications for security vulnerabilities without specific authorization by IT. 
25. Attempting to alter or connect any computing or networking components (including, but not limited to, bridges, routers, DHCP servers, wireless access points, and hubs) on USU’s technology network without approval of IT. 
26. Installation or alteration of wiring, including attempts to create network connections, or any extension or retransmission of any computer or network services without the approval of IT. 
27. Conduct leading to disruption of electronic networks or information systems. 
28. Conduct leading to the damage of USU electronic information/data, or USU IT Resources. 

V. PROHIBITED ACCESS. 

USU may restrict access from within its network to any sites in furtherance of these Terms of Use. Users may contact IT to request access to a restricted site or to report that a site was restricted in error. USU may restrict Users from accessing USU IT Resources. 

VI. UPLOADING AND POSTING INFORMATION TO USU WEBPAGES. 

1. Restriction on Use of USU Web Pages. USU’s website and web pages may be used only for USU business and only authorized individuals may modify or post materials to these pages. Except as approved and authorized by administration, no other pages may suggest that they are USU web pages. If confusion is possible, pages should contain a disclaimer and links to USU sites.  The content of USU’s website and web pages is subject to the disclaimer set forth here. 
2. Responsibilities of Individuals Posting Materials.  By posting materials and using USU IT Resources, each User represents that they have created the materials or that they have the right to post or use the materials. The storage, posting, or transmission of materials must not violate the rights of any third person in the materials, including copyright, trademark, patent, trade secrets, and any rights of publicity or privacy of any person. Materials posted must not be defamatory, libelous, slanderous, or obscene. 
3. Prohibition against Commercial Use.  USU IT Resources may not be used for unauthorized commercial purposes. 
4. University Control of USU Web Pages.  The use of USU IT Resources, including USU’s website is at the sole discretion of USU. USU does not guarantee that any User will have continued or uninterrupted access to USU’s website. USU’s websites may be removed or discontinued at any time at the discretion of USU in accordance with USU policy, or as needed to maintain the continued operation or integrity of USU IT Resources.  USU makes reasonable efforts to protect the integrity of its technology network and related services, but USU cannot guarantee backup, disaster recovery, or User access to information posted on web pages or personal computers. 

VII. ELECTRONIC MAIL AND ELECTRONIC COMMUNICATIONS. 

1. Conditions for Restriction of Access to Electronic Mail.  Access to USU e-mail is a privilege that may be wholly or partially restricted without prior notice and without consent of the User: (a) if required by applicable law or policy; (b) if a reasonable suspicion exists that there has been or may be a violation of law, regulation, policy, or these Terms of Use; or (c) if required to protect the integrity or operation of USU’s e-mail system or USU IT Resources or when USU IT Resources are required for more critical tasks, as determined by appropriate management authority.  Access to USU’s e-mail system may require approval of the appropriate USU supervisory or management authority (e.g., department head, system administrator, etc.). 
2. Conditions for Permitting Inspection, Monitoring, or Disclosure.  USU may permit the inspection, monitoring, or disclosure of e-mail, computer files, and network transmissions when: (a) required or permitted by law, (including public records laws), subpoenas, or court orders; (b) USU or its designated agent reasonably believes that a violation of law or policy has occurred; or (c) necessary to monitor and preserve the functioning and integrity of the e-mail system or USU IT Resources.  Users must cooperate and comply with USU requests for access to and copies of e-mail messages or data when access or disclosure is authorized by these Terms of Use or required or allowed by law or other applicable policies. 
3. USU Responsibility to Inform of Unauthorized Access or Disclosure. If USU believes unauthorized access to or disclosure of information has occurred or will occur, USU will make reasonable efforts to inform the affected computer account holder, except when notification is impractical or when notification would be detrimental to an investigation of a violation of law or policy. 
4. Prohibition against Activities Placing Strain on USU IT Resources.  Activities that may strain USU’s e-mail or USU IT Resources more than can be reasonably expected are in violation of these Terms of Use. These activities include, but are not limited to: sending chain letters; “spam,” or the widespread dissemination of unsolicited e-mail; and “letter bombs” to resend the same e-mail repeatedly to one or more recipients. 
5. Confidentiality.  Confidentiality of e-mail and other network transmissions cannot be assured. Therefore, you must exercise caution when sending personal, financial, confidential, or sensitive information by e-mail or via USU IT Resources. 
6. Electronic Information as a Public Record.  Most electronic information (e.g., e-mail) produced in the course of USU business is considered a public record and must be stored or deleted in accordance with Utah’s Government Records Access and Management Act.  The email accounts of Student Users may be subject to search and inspection.  USU does not consider student email accounts to contain public records, insofar as the records are not produced by students in the course of conducting USU business (e.g., communications sent between students to arrange for a study session are not considered public records, but communications sent by a student employee in connection with the student’s employment may be considered a public record). 

VIII.  PRIVACY AND SECURITY. 

1. Routine Logging and Monitoring.  Certain central service and network activities from workstations connected to the network are routinely logged and monitored. These activities include but are not limited to: (a) use of passwords and accounts accessed; (b) time and duration of network activity; (c) access to Web pages; (d) access to network software; (e) volume of data storage and transfers; and (f) server space used for e-mail. 
2. Detailed Session Logging.  In cases of suspected violations of USU policies or these Terms of Use, especially unauthorized access to USU IT Resources, the appropriate system administrator, after consultation with IT, if appropriate, may authorize detailed session logging. This may involve a complete keystroke log of an entire session. In addition, the system administrator of the facility concerned may authorize limited searching of User files to gather evidence on a suspected violation. 
3. Responsibility for Data Security.  Software and physical limitations, computer viruses, and third-party intrusions can compromise security of data storage and communications. USU takes reasonable precautions to minimize risk. Users must notify IT of information security concerns including, but not limited to, breaches of sensitive data or compromised accounts.  USU IT Resources are managed by Users, USU departments, and IT, depending on a variety of business factors. IT is not obligated to maintain backups of any file for any particular length of time. Users must protect and back up critical data. Users and departments should develop policies and practices, coordinated with IT as needed, to ensure regular backups of data and to implement steps to ensure that all critical data is compatible with all current generations of computing equipment, storage media, and media readers. 
4. Restriction of Access to Sensitive Data.  All USU departments should ensure that access to sensitive data is restricted to those employees who have a need to access the information. Passwords that provide access to sensitive information should be changed on a regular basis. 
5. Right to Examine Computing and Communication Resources.  USU IT Resources may be examined to detect illegal content, to evaluate the security of the network, and to detect violations of USU policies. Networks, networked devices, and applications may be scanned for vulnerabilities as authorized by IT. 

IX. VIOLATIONS AND ENFORCEMENT. 

1. Reporting Violations.  Any actual or suspected violation of these Terms of Use should be brought to the USU system administrator of the equipment or facility most directly involved. In the case of a serious violation, Users are required to make a report to IT. 
2. USU Response to a Reported Violation.  Upon receiving notice of a violation, USU may temporarily suspend a User’s privileges, move, or delete the allegedly offending material pending further proceedings.  A User accused of a violation will be notified of the charge and have an opportunity to respond before USU imposes a permanent sanction. Appropriate cases will be referred to the USU disciplinary authority appropriate to the violator’s status (e.g., Vice President for Student Affairs or employee’s supervisor) or to appropriate law enforcement authorities.  In addition to sanctions available under applicable law and USU policies, USU may impose a temporary or permanent reduction or elimination of access privileges to USU IT Resources, and other services or facilities.  If USU believes it necessary to preserve the integrity of USU IT Resources or data, USU may temporarily suspend any account, whether or not the account User is suspected of any violation. USU will provide appropriate notice to the User. Servers and computers that threaten the security of USU IT Resources will be removed from the network and allowed to reconnect only with the approval of IT. 
3. Indemnification by Users. Unless a User is a USU employee acting within the course and scope of their employment with USU, Users agree to indemnify, defend, save and hold harmless Utah State University and its officials, agents and employees for, from, and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation, and litigation) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property to the extent caused, or alleged to be caused, by (i) the User’s negligence, acts or omissions; (ii) a breach of these Terms of Use; or (iii) failure to comply with any applicable law. User is responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. 

X. CONTACT. 

For questions regarding these Terms of Use, please contact the IT Service Desk. 

BY USING USU’S IT RESOURCES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.