UPOU Repository :: Acceptable Use Policy

ACCEPTABLE USE POLICY

Section 1. Policy Statement

The UPOU Repository is a freely accessible digital collection of research papers, theses and dissertations, reports, articles, or such other literary works and similar written works (“Academic Works”), created by faculty, staff, and students of the University of the Philippines Open University (UPOU) in support of its objective to contribute towards upgrading the quality of education, developing innovative instructional strategies and technologies, and sharing knowledge and learning to the world.
The Academic Work is deposited in the UPOU Repository by the contributors, with a statement of their rights as authors/creators of the work. The copyright to any Academic Work deposited in the UPOU Repository is retained by the authors/creators thereof, and UPOU does not own any of the copyrights. All Academic Work deposited in the repository are protected by copyright, with all rights reserved, unless otherwise indicated. Users are responsible for determining the identity of the copyright owner, to what extent the academic work is protected by copyright, and the conditions for use of the work.
Users may download the Academic Work in any manner consistent with fair use and according to the license terms and conditions indicated by the copyright owner, including specific conditions for citation and attribution. The information may appear in the metadata record for the Academic Work or indicated with appropriate codes in the work itself. Any use of the Academic Work that is beyond the license terms is subject to the permission of the copyright owner.
UPOU makes no representation or warranty to the appropriateness of the Academic Work, or that the contributors of the Academic Work are the copyright owners thereof. UPOU will not be liable to the users of the repository for any loss, injury, claim, liability, damages, costs, and/or attorneys’ fees of any kind, arising from the access to the repository and the use of the Academic Work.
As the needs of contributors and the users of the UPOU Repository evolve, UPOU reserves the right to reasonably modify these terms at any time. By using the UPOU Repository, or any of its content, you agree to accept and be bound by this Terms of Use.

Section 2. General Resposibilities

General Responsibilities of User
In general, users of the UPOU Repository must:
1. use the UPOU Repository only for its intended purpose, and refrain from misusing or abusing it;
2. maintain the integrity, reliability, availability, confidentiality and efficiency of computer-based information resources;
3. refrain from seeking to gain unauthorized access or exceed authorized access;
4. respect software copyright and licenses and other intellectual property rights;
5. respect the rights of other computer users; and
6. be aware that although computing and information technology providers throughout the university are charged with preserving the integrity and security of resources, security sometimes can be breached through actions beyond their control. Users are therefore urged to take appropriate precautions such as safeguarding their account and password, taking full advantage of file security mechanisms, backing up critical data and promptly reporting any misuse or violations of the policy.
Every member of the University community has an obligation to report suspected violations of the Acceptable Use Policy for Information Technology of the UPOU. Reports should be directed to the system and network administrators, Chairs, Deans, or the Chancellor.

Section 3. Appropriate Use

Appropriate Use
Users may only use the UPOU Repository for its authorized purposes, which is to support the research, education, clinical, administrative and other functions of the UPOU. The particular purposes of any of the components of the UPOU Repository, as well as the nature and scope of authorized incidental personal use, may vary according to the duties and responsibilities of a user.
Proper Authorization
Users may access only those facilities and components of the UPOU Repository that are consistent with their authorization coming from competent authorities.
Specific Proscriptions on Use
The following categories of use of the UPOU Repository are considered prohibited and/or inappropriate:
1. Uses Contrary To Law
  - Unlawful use. Users may not use the UPOU Repository for any activity that is contrary to any law or administrative rule or regulation, or to encourage any such unlawful activity. Violators shall suffer a penalty ranging from suspension for one year to expulsion or dismissal
  - Infringement of protected material. Users must not infringe on the copyright and other property rights covering software, databases and all other copyrighted material such as text, images, icons, retrieved from or through the UPOU Repository. These acts shall include, but is not limited to, the unauthorized copying, reproduction, dissemination, distribution, importation, use, removal, alteration, substitution, modification, storage, unloading, downloading, communication, publication or broadcasting of such material. Users must properly attribute any material they copy from or through the UPOU Repository. Users are reminded that the infringement of intellectual property rights belonging to others through the use of telecommunications networks is a criminal offense under Section 33(b) of the Electronic Commerce Act. Violators shall suffer a penalty ranging from suspension for one month to expulsion or dismissal.
  - Hacking. Users may not use the UPOU Repository to gain unauthorized access into or interfere with another computer, system, server, information or communication system, or to obtain any access in order to corrupt, alter, steal or destroy any such system or information within such system or to introduce viruses. Users are reminded that all of the foregoing acts constitute the crime of Hacking under Section 33(a) of the Electronic Commerce Act and are punishable by mandatory imprisonment and/or a fine. Violators shall suffer a penalty ranging from suspension for one year to expulsion or dismissal. The penalty shall carry with it permanent withdrawal of all IT privileges.
2. Uses Inconsistent With The Purposes Of The UPOU
  - Cheating. Users may not use the UPOU Repository to engage in cheating or academic dishonesty. Acts prohibited under this provision include but are not limited to the following:
    1. Copying a computer file that contains another person’s work and submitting it for one’s own credit;
    2. Copying a computer file that contains another person’s work and using it as a model for one’s own work;
    3. Collaborating on a work, sharing the computer files and submitting the shared file, or a modification thereof, as one’s individual work, when the work is supposed to be done individually; and
    4. Communicating with another person on-line during the conduct of an examination. Violators shall suffer a penalty of suspension for not less than one semester. Students found guilty of cheating shall be barred form graduating with honors, even if their weighted average is within the requirement for graduation with honors.
  - Political use. Users may not use the UPOU Repository for any partisan political activities.
  - Unauthorized Commercial use.
    1. Users may not use the UPOU Repository for commercial purposes, except as permitted under other written policies of the UPOU or with the written approval of a competent authority.
    2. Violators shall suffer a penalty ranging from suspension for one month to one year with fine. If the violator is a student, the fine shall be P1,000.00 or the amount equivalent to the earnings, whichever is higher. If the violator is a faculty member or an employee, the fine shall be one-half of his monthly salary or the amount equivalent to the earnings, whichever is higher.
  - Personal use. Users may not use the UPOU Repository for personal activities not related to appropriate University functions except in a purely incidental manner. Violators shall suffer a penalty ranging from suspension for one month to one year.
  - Use contrary to University policy or contract. Users may not use the UPOU Repository in violation of other policies of the University, or in any manner inconsistent with the contractual obligations of the University. Violators shall suffer a penalty ranging from suspension for one week to one year in addition to the penalty of the offense facilitated through IT network..
  - Destructive acts. Users may not attempt to crash, tie up, or deny any service on the UPOU Repository. Violators shall suffer a penalty ranging from suspension for one year to expulsion.
  - Unauthorized access. Users may not attempt to gain unauthorized access, exceed authorized access, or enable unauthorized access to the UPOU Repository, or to other networks or systems of which the UPOU Repository is a part. Violators shall suffer a penalty ranging from suspension for one month to one year.
  - Password protection. A user who has been authorized to use a password-protected account may not disclose such password or otherwise makes the account available to others without permission of the system administrator. Violators shall suffer a penalty ranging from suspension for one week to one year.
  - Concealing access. Users may not conceal, delete, or modify information or records pertaining to access to the UPOU Repository at the time of access, or alter system logs after such access for the purpose of concealing identity or to hide unauthorized use. Users may not conceal their own identity or masquerade as other users when accessing, sending, receiving, processing or storing through or on the UPOU Repository. Violators shall suffer a penalty ranging from suspension for one year to expulsion.
  - Prohibited material. Users may not publish (on mailing lists, bulletin boards, and the World Wide Web) or disseminate prohibited materials over, or store such information on, the UPOU Repository. Prohibited materials under this provision include but are not limited to the following:
    1. Any collection of passwords, personal identification numbers (PINs), private digital certificates, credit card numbers, or other secure identification information;
    2. Any material that enables others to gain unauthorized access to a computer system. This may include instructions for gaining such access, computer code, or other devices. This would effectively preclude displaying items such as ‘Hackers Guides’, etc.;
    3. Any material that permits an unauthorized user, who has gained access to a system, to carry out any modification of the computer programs or data stored in the system; and
    4. Any material that incites or encourages others to carry out unauthorized access to or modification of a computer system. Violators shall suffer a penalty ranging from suspension for one year to expulsion.
  - Offensive Material
    1. Users may not use the facilities of the UPOU Repository to produce, disseminate, or display material that could be considered offensive, pornographic, racially abusive, or libelous in nature.
    2. Users may not use electronic communication facilities (such as mail, chat, or systems with similar functions) to send messages which are fraudulent, maliciously harassing, obscene, threatening, or in violation of laws, administrative rules and regulations, or other policies of the University System or its constituent universities (CU). Violators shall suffer a penalty ranging from suspension for one month to expulsion or dismissal.
  - Inappropriate messages. Users may not send to a mailing list, including local or network news groups and bulletin boards, any unsolicited material inconsistent with the list’s purpose. Users of an electronic mailing list are responsible for determining the purpose of the list before sending messages to or receiving messages from the list. Subscribers to an electronic mailing list are deemed to have solicited any material delivered by the list that is consistent with the list’s purpose. Violators shall suffer a penalty ranging from suspension for one week to one month.
3. Uses which Violate Privacy
  - Confidential Information
    1. Unless properly authorized, users may not attempt to gain access to archives or systems that contain, process, or transmit confidential information. Authorized users may not exceed their approved levels of access, nor should they disclose confidential information to others.
    2. Users shall treat as confidential such information which may become available to them through the use of the UPOU Repository, whether intentionally or accidentally. Users may not copy, modify, disseminate, or use such information, either in whole or in part, without the permission of the person or body entitled to give it. Violators shall suffer a penalty ranging from suspension for one year to expulsion or dismissal.
  - Encrypted information. Users shall consider as confidential all encrypted information. This includes but is not limited to passwords, digital keys and signatures. Users may not decrypt, attempt to decrypt, or enable others to decrypt such information if they are not the intended recipient. Violators shall suffer a penalty ranging from suspension for one year to expulsion or dismissal.
  - Information belonging to others. Users may not intentionally seek or provide information on, obtain copies of, or modify files, programs, or passwords belonging to other users, without the permission of those other users. Violators shall suffer a penalty ranging from suspension for one month to expulsion or dismissal.
  - Wiretapping, traffic capture and snooping. Unless properly authorized, users may not re-route or capture data transmitted over the UPOU Repository. Violators shall suffer a penalty ranging from suspension for one year to expulsion or dismissal.
4. In addition to the penalties provided, all IT privileges of the offender may be suspended for a maximum of the period of the penalty. If the violation amounts to a penalty punishable by expulsion or dismissal, IT privileges may be revoked permanently.
5. Repeated violations of any of the acts proscribed under this policy shall be considered as gross misconduct.
Reporting of Copyright Infringement or Data Breach
1. If you believe that an Academic Work deposited in the UPOU Repository is in violation of your copyright, you may submit a notice of copyright infringement to the Repository Manager at repository.mailer@upou.edu.ph, indicating the work and the author thereof, including proof of your copyright over the work.
2. If your personal information or data has been breached, please contact the Data Protection Officer, to report the details of the breach:
  Data Protection Officer
  University of the Philippines Open University
  UPOU Headquarters
  Los Baños, Laguna
  dpo.upou@up.edu.ph
  63-49 5366001 to 6005 loc. 299

Section 4. Tolerated Use

From time to time, the UPOU may issue a list classifying certain types of use under the category of tolerated use. This list shall form part of this Policy and will be considered binding on all users. Users should consult their system and network administrators if they are not sure whether a certain type of use is considered allowed, tolerated, unacceptable or prohibited.

Section 5. Enforcement Procedures

Monitoring. The UPOU may monitor all use of the UPOU Repository at all times as may be necessary for its proper management. Activities on the UPOU Repository may be automatically and/or continuously logged. System and network administrators may examine these logs anytime. All logs shall be considered confidential.
Access to Private Files. The UPOU may access all aspects of the UPOU Repository, including private files, without the consent of the user, in the following instances:

When necessary to identify or diagnose systems or security vulnerabilities and problems, or otherwise preserve the integrity, reliability, availability, confidentiality and efficiency of the UPOU Repository;
When such access to the UPOU Repository is required to carry out essential business functions of the UPOU;
When necessary to avoid disrepute to the UPOU;
When there are reasonable grounds to believe that a violation of law or a significant breach of this Policy or any other policy of the UPOU may have taken place, and that access and inspection may produce evidence related to the misconduct;
When required by law or administrative rules or court order; or
When required to preserve public health and safety. The UPOU will access private files without the consent of the user only with the approval of the Chancellor except when an emergency entry is necessary to preserve the integrity, reliability, availability, confidentiality and efficiency of the UPOU Repository or to preserve public health and safety. The UPOU through the system and network administrators will document all instances of access without consent.

Reporting Problems and misuse. Users must report to the appropriate system administrators any defects discovered in system accounting or system security, all known or suspected abuse or misuse of the UPOU Repository, and especially any damage to or problems with their facilities or files.
User Cooperation. Users, when requested, are expected to cooperate with UPOU in any investigation of UPOU Repository abuse.
Guidelines for Immediate Action.

Notification. When any system administrator or member of the faculty or staff has persuasive evidence of abuse or misuse of the UPOU Repository, and if that evidence points to the activities or the files of an individual, he or she shall, within 24 hours of the discovery of the possible misuse, notify the Chancellor or his/her duly designated authority.
Suspension. In such cases, the system administrator may temporarily suspend or restrict the user’s access privileges for a period not exceeding 72 hours. A user may appeal such suspension or restriction and petition for immediate reinstatement of privileges through the Chancellor or his/her duly designated authority. The Chancellor may extend the suspension for thirty (30) days.
Removal. In addition, in such cases, the system administrator may immediately remove or uninstall from the UPOU Repository any material, software or hardware which poses an immediate threat to the integrity, reliability, availability, confidentiality and efficiency of the UPOU Repository or any of its components or if the use might be contrary to this Policy. The user shall be notified of the action taken. A user may appeal such removal and petition for reinstatement of the material within fifteen (15) days from removal.

Investigation. The investigation and prosecution of academic and administrative personnel and students shall be in accordance with the regulations of the UPOU. The investigating committee, body or tribunal must have at least one member knowledgeable about IT. The actions the proper officer may undertake include but are not limited to the following:

Extend the suspension or restriction of a user’s privileges for the duration of the investigation, or as may be deemed necessary to preserve evidence and protect the system and its users;
Call and interview potential witnesses; and
Summon the subject of the complaint to provide information.

Filing of Criminal Charges. In cases where there is evidence of serious misconduct or possible criminal activity, the Chancellor shall file the appropriate criminal charges with the proper courts. Where proceedings have been instituted against a user for violation of this Policy, the Chancellor may indefinitely suspend or restrict the user’s access privileges for the duration of such proceedings.
Cumulative Remedies. The procedures under this Policy shall not exclude any other remedy available to any injured or interested party under any relevant law, administrative rule or regulation, or other policy of the UPOU.
External Legal Processes. The UPOU shall comply with any lawful order to provide electronic or other records or other information related to those records or relating to use of the UPOU Repository which may result from coercive processes in administrative investigations, or judicial actions or proceedings.

Section 6. Waiver

Loss of Data. Users recognize that systems and networks are imperfect and waive any claim for lost work or time that may arise from the use of the UPOU Repository. The UPOU shall not be liable for degradation or loss of personal data, software, or hardware as a result of their use of the UPOU Repository.
Authorization. Users recognize that the UPOU provides access to the UPOU Repository only as a privilege and not a right; that they have no right to use it for any purpose other than those directly connected with the work of the UPOU; and that the UPOU may take whatever measures it deems necessary to enforce this. Users therefore waive any action they may have against the UPOU under any law or administrative rule or regulation for any act the UPOU undertakes under this Policy, specifically including, but not limited to, those acts enumerated under Section 4 hereof.

For related policies of the University of the Philippines System and its constituent units, please see: