COMPUTER/SOFTWARE USE POLICY

 

PURPOSE:

Lincoln Memorial University (LMU) relies on its computer network to conduct its business.  To ensure that its computer resources are used properly by its employees, independent contractors, agents, and other computer uses, LMU has created a Computer Use Policy (the “Policy”).

 

The rules and obligations described in the Policy apply to all users (the “Users”) of LMU’s computer network, wherever they may be located.  Violations will be taken very seriously and may result in disciplinary action, including possible termination, and civil and criminal liability.

 

It is every employee’s duty to use LMU’s computer resources responsibly, professionally, ethically, and lawfully.

 

DEFINITIONS:

From time to time in this Policy, we refer to terms that require definitions:

 

The term Computer Resources refers to LMU’s entire computer network.  Specifically, Computer Resources includes, but are not limited to: host computers, file servers, application servers, communication servers, mail servers, fax servers, Web servers, workstations, stand-alone computers, laptops, software, data files, and all internal and external computer and communications networks (for example, Internet, commercial online services, value-added networks, e-mail systems) that may be accessed directly or indirectly from our computer network.

 

The term Users refers to all employees, independent contractors, consultants, temporary workers, and other persons or entities that use our Computer Resources.

 

POLICY:

The computer system belongs to the University and may only be used for approved purposes.  Users are permitted access to the computer system to assist them in the performance of their jobs.  Occasional, limited appropriate personal use of the computer system is permitted when the use does not (1) interfere with the User’s work performance; (2) interfere with any other User’s work performance; (3) have undue impact on the operation of the computer system; or (4) violate any other provision of this policy or any other policy, guideline, or standard of LMU.  At all times Users have the responsibility to use computer resources in a professional, ethical and lawful manner.  Personal use of the computer system is a privilege that may be revoked at any time. 

 

PRACTICES:

In using or accessing our Computer Resources, Users must comply with the following provisions:

 

A.  No Expectation of Privacy

No expectation of privacy.  The computers and computer accounts given to Users are to assist them in performance of their jobs.  Users should not have an expectation of privacy in anything they create, store, send, or receive on the computer system. 

 

Waiver of privacy rights.  Users expressly waive any right of privacy in anything they create, store, send, or receive on the computer or through the Internet or any other computer network.  Users consent to allowing personnel of the University to access and review all materials users create, store, send, or receive on the computer or through the Internet or any other computer network.  Users understand that LMU may use human or automated means to monitor use of its Computer Resources.

 

B.  Prohibited Activities

Inappropriate or unlawful material.  Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate may not be sent by e-mail or other form of electronic communication (such as bulletin board systems, news groups, chat groups) or displayed on or stored in LMU’s computers.  Users encountering or receiving this kind of material should immediately report the incident to their supervisor.

 

Prohibited uses. Without prior written permission from the office’s designated information technology person, LMU’s Computer Resources may not be used for dissemination or storage of commercial or personal advertisements, solicitations, promotions, destructive programs (that is, viruses or self-replicating code), political material, or any other unauthorized use.

 

Waste of computer resources.  Users may not deliberately perform acts that waste Computer Resources or unfairly monopolize resources to the exclusion of others.  These acts include, but are not limited to, Internet radio, streaming audio, sending mass mailings or chain letters, spending excessive amounts of time on the Internet, playing games, shopping, engaging in online chat groups, printing multiple copies of documents, or otherwise creating unnecessary network traffic.

 

Misuse of software.  Software may only be used in compliance with the terms of the applicable license agreements.  Without prior written authorization from the offices’ designated information technology person, users may not do any of the following: (1) copy software for use on their home computers; (2) provide copies of software to any independent contractors or clients of LMU or to any third person; (3) install software on any of LMU’s workstations or servers; (4) download any software from the Internet or other online service to any of LMU’s workstations or servers; (5) modify, revise, transform, recast, or adapt any software; or (6) reverse-engineer, disassemble, or decompile any software.  Users who become aware of any misuse of software or violation of copyright law should immediately report the incident to their supervisors.

 

Communication of confidential information. Sending, transmitting, or otherwise disseminating proprietary data or other confidential information of the University, or held for others by the University is strictly prohibited.  Unauthorized dissemination of this information may result in substantial civil liability as well as severe criminal penalties under the Economic Espionage Act of 1996.

 

C.  Passwords

Responsibility for passwords.  Users are responsible for safeguarding their passwords for access to the computer system.  Individual passwords should not be printed, stored online, or given to others.  Users are responsible for all transactions made using their passwords.  No user may access the computer system with another User’s password or account.

 

Passwords do not imply privacy. Use of passwords to gain access to the computer system or to encode particular files or messages does not imply that users have an expectation of privacy in the material they create or receive on the computer system.  LMU has global passwords that permit access to all material stored on its computer system-regardless of whether that material has been encoded with a particular User’s password.

 

D.  Security

Accessing other user’s files.  Users may not alter a copy of a file belonging to another user without first obtaining permission from the owner of the file.  Ability to read, alter, or copy a file belonging to another User does not imply permission to read, alter, or copy that file.  Users may not use the computer system to “snoop” or pry into the affairs of other users by unnecessarily reviewing their files and e-mail.

 

Accessing other computers and networks.  A User’s ability to connect to other computer systems through the network or by a modem does not imply a right to connect to those systems or to make use of those systems unless specifically authorized by the operators of those systems.

 

Computer security.  Each user is responsible for ensuring that use of outside computers and networks, such as the Internet, does not compromise the security of LMU’s Computer Resources.  This duty includes taking reasonable precautions to prevent intruders from accessing the University’s network without authorization and to prevent introduction and spread of viruses.

 

E.  Viruses

Virus detection.  Viruses can cause substantial damage to computer systems.  Each user is responsible for taking reasonable precautions to ensure he or she does not introduce viruses into LMU’s network.  To that end, all material received on floppy disk or other magnetic or optical medium and all material downloaded from the Internet, received via e-mail attachment or from computers or networks that do not belong to LMU MUST be scanned for viruses and other destructive programs before being placed onto the computer system.  Users should understand that their home computers and laptops might contain viruses.  All disks transferred from these computers to LMU’s network MUST be scanned for viruses. University approved virus-checking procedures can be obtained from the offices designated information technology person.

 

Accessing the Internet. To ensure security and avoid the spread of viruses, users accessing the Internet through a computer attached to LMU’s network must do so through an approved Internet firewall.  Accessing the Internet directly, by modem, is strictly prohibited, unless the computer being used is not connected to the University’s network.

 

F.  Encryption Software

Use of encryption software.  Users may not install or use encryption software on any of LMU’s computers without first obtaining written permission from their supervisors.  Users may not use passwords or encryption keys that are unknown to their supervisors.

 

Export restrictions.  The federal government has imposed restrictions on export of programs or files containing encryption technology (such as e-mail programs that permit encryption of messages and electronic commerce software that encodes transactions).  Software containing encryption technology is not to be placed on the Internet or transmitted in any way outside the United States without prior written authorization from the offices designated information technology person.

 

G.  Miscellaneous

Compliance with applicable laws and licenses. In their use of Computer Resources, users must comply with all software licenses; copyrights, and all other state, federal, and international laws governing intellectual property and online activities.

 

Other policies applicable.  In their use of Computer Resources, users must observe and comply with all other policies and guidelines of the University, including but not limited to the following: 

 

[Note: E-mail and Internet Use Policy]

 

No additional rights.  This Policy is not intended to, and does not grant, Users any contractual rights. 

 

 

E-MAIL AND INTERNET USE POLICY:

Employees of the University are provided with access to the Internet to assist them in performing their jobs.  The Internet can be a valuable source of information and research.  In addition, e-mail can provide excellent means of communicating with other employees, our students and clients, outside vendors, and other businesses.  Use of the Internet, however, must be tempered with common sense and good judgment.

 

If users abuse their right to use the Internet, it will be taken away from them.  In addition, they may be subject to disciplinary action, including possible termination, and civil and criminal liability.

 

 

PRACTICES:

Use of the Internet through University computers is governed by this Policy:

 

Disclaimer of liability of Internet.  Lincoln Memorial University is not responsible for material viewed or downloaded by users from the Internet.  The Internet is a worldwide network of computers that contains millions of pages of information.  Users are cautioned that many of these pages include offensive, sexually explicit, and inappropriate material.  In general, it is difficult to avoid at least some contact with this material while using the Internet.  Even innocuous search requests may lead to sites with highly offensive content.  In addition, having an e-mail address on the Internet may lead to receipt of unsolicited e-mail containing offensive content.  Users accessing the Internet do so at their own risk.

 

Employee’s duty of care.  Employees should endeavor to make each electronic communication truthful and accurate.  Employees should use the same care in drafting e-mail and other electronic documents as they would for any other written communication.  Please keep in mind that anything created or stored on the computer system may, and likely will, be reviewed by others.

 

Duty not to waste computer resources.  Employees must not deliberately perform acts that waste computer resources or unfairly monopolize resources to the exclusion of others.  These acts include, but are not limited to, sending mass mailings or chain letters, spending excessive amounts of time on the Internet, playing games, engaging in online chat groups, printing multiple copies of documents, or otherwise creating unnecessary network traffic.  Because audio, video, and picture files require significant storage space, files of this sort may not be downloaded unless they are business-related.

 

Expectations of privacy.  The computers and computer accounts given to employees are to assist them in performance of their jobs.  Employees should not have an expectation of privacy in anything they create, store, send, or receive on the computer system.  The computer system belongs to the University.

 

No privacy in communications. Employees should never consider electronic communications to be either private or secure.  E-mail may be stored indefinitely on any number of computers, including that of the recipient.  Copies of employees’ messages may be forwarded to others either electronically or on paper.  In addition, e-mail sent to nonexistent, or incorrect usernames may be delivered to unintended persons.

 

Monitoring of computer usage.  The University has the right, but not the duty, to monitor any and all aspects of its computer system, including, but not limited to, monitoring sites visited by employees on the Internet, monitoring chat groups and newsgroups, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail sent and received by users.

 

Blocking of inappropriate content. The University may use software to identify inappropriate or sexually explicit Internet sites.  Such sites may be blocked from access by University networks.  In the event users nonetheless encounter inappropriate or sexually explicit material while browsing on the Internet, immediately disconnect from the site, regardless of whether the site was subject to University blocking software.

 

Prohibited activities.  Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate may not be sent by e-mail or other form of electronic communication (bulletin board systems, newsgroups, chat groups), downloaded from the Internet, or displayed on or stored in LMU’s computers.  Employees encountering or receiving this kind of material should immediately report the incident to their supervisor.

 

Games and entertainment software.  Employees may not use the University’s Internet connection to download games or other entertainment software, including streaming audio, Internet radio or to play games over the Internet.

 

Illegal copying.  Employees may not illegally copy material protected under copyright law or make that material available to others for copying.  Employees are responsible for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages, and other material they wish to download or copy.  Employees may not agree to a license or download any material for which a registration fee is charged without first obtaining the express written permission of the office’s designated information technology person and budget.

 

 Accessing the Internet.  To ensure security and avoid the spread of viruses, employees accessing the Internet through a computer attached to LMU’s network must do so through an approved Internet firewall.  Accessing the Internet directly, by modem, is strictly prohibited unless the computer being used is not connected to the University’s network.

 

Virus detection.  Files obtained from sources outside the University, including disks brought from home, files downloaded from the Internet, newsgroups, bulletin boards, or other online services; files attached to e-mail; and files provided by customers or vendors, may contain dangerous computer viruses that may damage the University’s computer network.  Employees should never download files from the Internet, accept e-mail attachments from outsiders, or use disks from non-University sources, without first scanning the material with University approved virus checking software.  If it is suspected that a virus has been introduced into the University’s network, notify the office’s designated information technology person.

 

Sending unsolicited e-mail (spamming).  Without the express permission of their supervisors, employees may not send unsolicited e-mail to persons with whom they do not have a prior relationship.

 

Altering attribution information.  Employees must not alter the Form: line or other attribution-of-origin information in e-mail, messages, or postings.  Anonymous or pseudonymous electronic communications are forbidden.  Employees must identify themselves honestly and accurately when participating in chat groups, making postings to newsgroups, sending e-mail, or otherwise communicating online.

 

Standard footers for e-mail.  When applicable, the following footer should be appended to e-mail sent outside the University:

 

This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.  This communication may contain material protected by the attorney-client privilege.  If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.  If you have received this e-mail in error, please immediately notify the offices designated information technology person by telephone at 800-325-0900.  You will be reimbursed for reasonable costs incurred in notifying us.

 

Attorney-client communications.  E-mail sent from or to in-house counsel or an attorney representing the University should include this warning header on each page: ATTORNEY-CLIENT PRIVILEGED; DO NOT FORWARD WITHOUT PERMISSION. Communications from attorneys may not be forwarded without the sender’s express permission.

 

Use of encryption software. Employees may not install or use encryption software on any of LMU’s computers without first obtaining written permission from their supervisors.  Employees must not use passwords or encryption keys that are unknown to their supervisor.

 

Export restrictions.  The federal government has imposed restrictions on export of programs or files containing encryption technology (such as e-mail programs that permit encryption of messages and electronic commerce software that encodes transactions).  Software containing encryption technology is not to be placed on the Internet or transmitted in any way outside the United States without prior written authorization from the offices designated information technology person. 

 

Other policies applicable.  In their use of the Internet, users must observe and comply with all other policies and guidelines of the University, including but not limited to the following:

 

[Note: COMPUTER / SOFTWARE USE POLICY]

 

Violations of this policy will be taken seriously and may result in disciplinary action, including possible termination, and civil and criminal liability.