Conditions for the Use of Computers within the University
March 2006 (v8)
1. General conditions
All users of computers (Computer Users) within the University of St Andrews (the University) must abide by these conditions. Some of these are associated with Acts of Parliament.
1.1 Computer Misuse Act
Computer Users shall not, by any wilful or deliberate act, jeopardise the integrity of the computing equipment, its systems programs or any other stored information to which they have access. Under the terms of the Computer Misuse Act (1990), unauthorised access to a computer (sometimes called "hacking") or unauthorised modification to the contents of a computer (such as the deliberate introduction of viruses) are criminal offences punishable by unlimited fines and up to 5 years imprisonment.
1.2 Copyright, Designs and Patents Acts
Computer Users must not breach the legislation embodied in the Copyright, Designs and Patents Acts (1956, 1988), which applies in particular to proprietary software and data, which must not be copied without the express permission of the copyright holders, except for the clearly-defined purpose of safety back-up. The attention of users is drawn to the particular case of electronic copyright.
The University is committed to taking all reasonable steps to ensure that there is no illegal copying and use of software and datasets. To this end, the University has defined a Code of Conduct for the Use of Software and Datasets. Much software is made available to the University at considerable financial discount on the express condition that the software is to be used solely for educational purposes and not for commercial gain. All Computer Users are therefore under the strict obligation to uphold such contracts: advice on this matter may, if necessary, be obtained from IT Services.
The University will not offer support or indemnity to any member of staff or student against whom an action for breach of copyright is brought, even if the infringement was committed in the course of carrying out contractual duties or pursuing a recognised course of study.
IT Services will provide advice to Computer Users regarding the copyright of software and data under its control and will, if necessary, refer them to the University's Copyright Adviser (e-mail copyright). If IT Services designates information as proprietary or otherwise confidential, then all Computer Users must observe the guidelines stipulated by the Director of IT Services or his representative concerning the way in which it can be used.
1.3 Data Protection Acts
The Data Protection Act (1998) makes special provision for personal data stored on a computer system. Failure to comply with this Act is a criminal offence subject to an unlimited fine. Members of staff who process personal data should determine whether their use falls under the scope of this Act and, if so, make sure that their system is registered. Students are strongly advised not to store personal data on computer systems; if they have a requirement to do so, they should do it under the direct supervision of a member of staff. IT Services will provide advice to Computer Users who think that they may need to register and, if necessary, direct them to the University's Data Protection Coordinator (e-mail dataprot).
IT Services will take all reasonable steps to ensure that all information entrusted to its care is kept confidential and will advise Computer Users what safeguards they should adopt.
Computer Users must treat as confidential any information which is the property of another Computer User or person and which becomes available to them through using the computing resources they have been allocated.
1.4 Other Acts and Regulations
There are a number of other Acts which are relevant to Computer Users; these include: the Sex Discrimination Act (1975) the Race Relations Act (1976), the Protection of Children Act (1978), the Obscene Publications Act (1989), the Public Order (Scotland) Act (1989) the Trademarks Act (1994), the Disability Discrimination Act (1995), the Special Educational Needs and Disability Act (2001) and the Regulation of Investigatory Powers (Scotland) Act (2000). The Telecommunications Act (1984) prohibits improper use of public telecommunications systems: this is relevant to use of JANET (the Internet connection) as well as SARA (the St Andrews Remote Access dial-up system).
In general, Computer Users should avoid the creation, display, storage, production or transmission of offensive material in any form or medium.
Further information about these areas of Law is available which has a list of links to on-line copies of many of these Acts.
2. Conditions for the use of the University Computer Service provided by IT Services
All undergraduate and postgraduate students and staff of the University are entitled to become Authorised Users of the University Computer Service provided by IT Services. Students automatically become Authorised Users at matriculation; University staff (and other users, by arrangement) may become Authorised Users by signing an undertaking to abide by the Conditions for the use of the University Computer Service (the University Conditions). Authorised Users must additionally abide by any rules or guidelines that the Director of IT Services or his representative stipulates and which concern the day-to-day operation of the Computer Service and the use of computing resources by its Authorised Users, as follows:
2.1 Allocation of resources
The Director of IT Services or his representative has the sole authority to allocate computing resources from the University's Computer Service to Authorised Users. Below, three types of use: University Use, Sponsored Use and Commercial Use are described.
For members of the University staff, University Use is that use necessitated solely and wholly by their contractual duties provided that the funding for these said duties is by the University or a recognised Research Council. For students of the University, University Use is that use arising solely and wholly from the courses of study they are following at the University, or necessitated solely and wholly by the pursuit of the research topic for which they are registered.
At the discretion of the Director of IT Services or his representative, other users, sponsored by a member of University staff, may be provided with limited access to computing resources from the University's Computer Service for purposes which are academic or connected with the business of the University, and provided these are not used for commercial gain. This is Sponsored Use.
If the purpose is not University Use, or Sponsored Use, the Director of IT Services or his representative can make the allocation of resources conditional upon the Authorised User signing an agreement to reimburse the University for the cost of the resources used. The terms of the agreement must include a statement of the charges that will be incurred and the dates by which each individual charge will be payable. The Authorised User must reimburse the University according to the terms specified in the agreement. This is Commercial Use.
Authorised Users must not re-allocate computing resources to any other person, for instance by giving away their passwords.
Computer Users must take reasonable precautions to prevent accidental or deliberate interference with the integrity and functioning of the University's computer systems. The Director of IT Services or his representative may take any reasonable steps to remedy such interference.
Guidelines on appropriate use of computing resources are available on the IT Services web pages.
2.2 External funding
Authorised Users who apply to a Research Council for an award which will involve the use of the Computer Service must obtain confirmation from the Director of IT Services or his representative that the necessary computing resources will be made available.
Authorised Users who apply to an outside body (apart from a Research Council) for funds to carry out work which will involve the use of computing resources from the University Computer Service must contact the Director of IT Services or his representative to ascertain the cost of the said resources and include an appropriate allowance in the application.
2.3 External computing facilities
Authorised Users who, by means of the Computing Service, make use of externally-provided facilities, including communications networks, must agree to abide by any conditions (eg JANET Acceptable Use Policy) imposed by the providers of such facilities and networks. Any such conditions are to be considered as being additional to, and in no way replacing, any or all of these University Conditions. Authorised Users will be held personally responsible for payment of any charges arising from their use of externally-provided facilities.
2.4 Complaints procedure
An Authorised User who has a complaint about any aspect of the University Computer Service should, in the first instance, make the complaint to the Director of IT Services or his representative. If the complaint is not settled satisfactorily by the Director of IT Services or his representative, the Authorised User may refer the matter to the Master.
2.5 Breach of the University Conditions
The Director of IT Services or his representative may withdraw any or all of the resources allocated to an Authorised User if the Director of IT Services or his representative has reason to believe that the Authorised User is in breach of any of these University Conditions. The Director of IT Services or his representative must then make a report to the appropriate University authority which will determine the course of action to be followed, according to the Code of Student Discipline.
An Authorised User who, following a breach of the University Conditions, has been required by the appropriate authority to pay damages or charges will not be entitled to any reallocation of resources until the damages or charges have been paid.