St. John’s University, New York (St. John's or the “University”)
through the Office of Information Technology (IT), provides
computing equipment, networks and information resources to support
the instructional, research and administrative functions of the
University. The following policies are intended to guide members of
the University community in the acceptable use of these networks
and resources. These policies supplement existing St. John's
policies and agreements as well as state and federal laws and
regulations. In addition, these policies incorporate the ethical
principles of respect and reverence for other individuals that are
central to St. John's Vincentian and Catholic identity.
All members of the St. John's community who utilize the
University’s computing resources are held responsible for being
aware of and abiding by the usage policies listed here. Since rapid
change is inherent to computing and information networks, St.
John's reserves the right to modify these policies at anytime.
While users will be apprised of any changes, it is the user’s
personal responsibility to remain informed of the current
regulations.
Acceptable Uses
Computing resources, which include host computer systems, St.
John's sponsored workstations, terminals, communications networks,
printers and related equipment, as well as software and data files,
are available for use only by University faculty, staff, students,
administrators and other authorized users solely for tasks related
to the instructional, research and administrative objectives of the
University and the University’s mission.
Prohibited Uses
Computing resources may be used only for purposes that are legal,
ethical and consistent with the University’s mission.
The following activities are examples of prohibited behaviors
with respect to the electronic environment:
- Altering system software or hardware configurations, or
disrupting or interfering with the delivery or administration of
computer resources.
- Attempting to access or accessing the University’s or another
user’s account, private files, or e-mail without the owner’s
permission.
- Attempting to access or accessing systems outside the
University without authorization.
- Misrepresenting one’s identity in electronic
communication.
- Infringing upon the intellectual property rights of others in
computer programs or electronic information, including plagiarism
and unauthorized use or reproduction in violation of patents,
trademarks and copyrights and/or software and other licensing
agreements.
- Circumventing or attempting to circumvent software or hardware
security systems.
- Installing personal software (including games) on University
provided computing equipment without obtaining authorization in
advance.
- Engaging in frivolous, disruptive or inconsiderate conduct in
University computing facilities such as microlabs, terminal areas
and library computer areas.
- Using computing resources to engage in conduct which
intentionally interferes with others’ use of shared computing
resources. This includes consuming gratuitously large amounts of
system resources (e.g. disk space, CPU time, print quotas) and
exceeding time limits where they have been established in
University facilities such as microlabs and libraries.
- Using computing and/or electronic mail resources for commercial
or personal profit-making purposes or for solicitation or for
activities which violate local, state or federal law.
- Allowing or assisting unauthorized users to gain access to
computing resources.
- Intercepting or monitoring, or attempting to intercept or
monitor, network communications or other communications not
intended for that user’s access without prior authorization.
- Creating programs that secretly collect information about
users.
- Using computing resources, including electronic mail, to send
nuisance messages such as chain letters, junk mail and profane,
obscene, threatening, libelous or harassing messages.
- Using St. John's logos or insignias without written permission
from the appropriate University authority.
- Displaying, posting, printing or sending material that is
contrary to the mission or values of the University, including
obscene, pornographic, sexually explicit or offensive material. The
information distributed through SJU’s computing and networking
facilities is a form of publishing and is subject to some of the
same standards as other types of publications.
- Intentionally or negligently distributing malicious software,
such as computer worms, viruses or Trojan horses.
- Engaging in acts of academic dishonesty.
Please note that the guidelines stated above are not meant to be
exhaustive. St. John's is the conclusive authority on questions
relating to acceptable uses of the network. If a question about use
arises, the use should be considered “prohibited” until St. John's
directs otherwise.
Indemnification
Each user is responsible for his or her own activities in using the
University’s computing resources, and will indemnify and hold
harmless the University from any liability to the user or any third
party arising out of the use of the computing resources by the user
or any loss of information existing or stored on the University’s
computing equipment or resources, including all files and
electronic mail.
Web Pages
Consistent with the purposes for which the St. John's computing
facilities are intended, web pages may be created and posted only
in support of the instructional, research and administrative
purposes of the University. Web pages may not include any
advertising, nor may they be used in support of any commercial or
business activities. The content of web pages and their compliance
with this policy is the sole responsibility of the author.
Faculty and student web pages may be linked to official
University pages only with the approval of the Vice President for
External Affairs.
The University reserves the right to restrict the content of or
remove web pages for violation of these or any University policies,
including for causing excessive traffic to the University’s web
servers.
Fair Use of Copyrighted Material on Web
Pages
Creation of web pages for educational and research purposes may
involve incorporation of works of third parties (e.g., printed
material, video and sound recordings, multimedia presentations,
software) that are covered by copyright laws. Copyright owners are
granted five exclusive rights by the copyright law: reproduction,
adaption, publication, performance and display.
These exclusive rights, however, are subject to the “Fair Use”
doctrine. “Fair Use” is a privilege of persons other than the
copyright owner to use the copyrighted material in a reasonable
manner without his/her consent notwithstanding the monopoly granted
to the owner by the copyright.
A finding of fair use is not easily determined. However, there
are four nonexclusive statutory factors to be considered in
determining whether a use is fair. They are:
- The purpose and character of the use, including whether the use
is for commercial purposes or for non-profit educational
purposes.
- The nature of the work, including whether the work is creative
or informational and published or unpublished.
- The amount used in relation to the work as a whole, considering
both quantitative and qualitative substantiality. No quantification
of the use limits exists by statute.
- The effect of the use on the potential market for or the value
of the work. (The greater the effect on market or value, the less
the likelihood that the use will be fair.)
Developers of web pages are especially cautioned to recognize
that access to their pages by individuals from outside the
University community may impact one or more of the above
factors.
Consistent with principles of fair use, web page authors are
responsible for obtaining all permissions that may be necessary to
incorporate works of third parties in their web pages.
St. John's rules governing attribution require that all users of
University computing networks acknowledge any usage of ideas or
materials produced by others by identifying the source and
nature/extent of indebtedness.
Intellectual Property
Ownership of intellectual property (with the exception of
traditional works of scholarship of creativity, such as textbooks
and instructional material) produced through significant use of the
University’s computing equipment, networks and information
resources shall reside with St. John’s University. In instances
where such materials are sold, licensed or otherwise marketed,
royalties on revenue shall be shared between the University and the
authors of such materials in accordance with the University’s
patent and intellectual property policies.
Privacy and Confidentiality
Unless otherwise specified, access to computing resources at St.
John’s University will be through a control mechanism that provides
for identification of authorized users. In addition, this mechanism
will specify the location where authorized users can store or
access data files. Users are expected to access only those
resources that have been explicitly made available to them through
this control mechanism. Users of computing resources are fully
responsible for the protection of their user account including
system ID codes and passwords. Users must not share computer
accounts, passwords or other types of authorization.
Users are afforded exclusive use of all data files, information
files and messages stored in their accounts and may expect that
their data files and e-mail will remain private. This, however,
does not imply that users are necessarily the owners of these
data.
The University has taken the necessary measures to ensure the
integrity of its computing resources, including prevention of
damage to data and equipment. IT, as the entity that operates and
manages computing resources at the University, has instituted
internal mechanisms and controls to safeguard the privacy of data
stored in our systems. These mechanisms require that specific
privileges be given to personnel responsible for the maintenance of
computer systems. These rights are afforded to ensure proper
operation of the systems and will not be used as a method for
accessing private information, except as necessary for maintenance
of the systems or for investigation of policy violations, or as
directed by appropriate legal authorities.
Sanctions
Violations of this policy constitute unacceptable use of computer
resources. These violations may result in a loss of computing
privileges and may subject users to St. John's regular disciplinary
processes, including suspension or dismissal from the University.
In instances where alleged violations of this policy could result
in harm to or otherwise compromise the University’s computing
resources, the University reserves the right to immediately suspend
computing privileges pending an investigation of the validity of
the charges.
In addition, illegal acts involving St. John's computing
resources may also subject violators to prosecution by local, state
and/or federal authorities. Suspected or known violations should be
reported to the appropriate University authority, in accordance
with current disciplinary procedures. Violations will be processed
in accordance with these procedures and/or law enforcement
agencies.
Disclaimer
As part of the services available through the St. John's campus
network, the University provides access to a large number of
conferences, lists, bulletin boards, and Internet information
services. These materials are not affiliated with, endorsed by, or
reviewed by St. John's. Therefore, the University takes no
responsibility for the truth or accuracy of the content found
within these information sources. Some of these sources may contain
material that is offensive or objectionable to some users or would
violate this policy if published by an authorized user. The
University cannot protect individuals against the existence or
receipt of material that may be offensive to them. Furthermore,
those members of the St. John's community who use e-mail or make
information about themselves available on the Internet must
recognize that St. John's cannot protect them from invasions of
privacy and other possible dangers that could result from an
individual user’s distribution of personal information.