Acceptable Use Policy

Background

The CalREN networks (CalREN) are owned and operated by CENIC, the Corporation for Education Network Initiatives in California. The purpose of CalREN is to engineer, maintain and operate telecommunication facilities for the primary benefit of CENIC Associates. The network provides CENIC Associates with high-performance inter-campus networking resources to support educational, research, and institutional objectives.

Purpose

The purpose of this Policy is to help ensure that use of the CalREN network is consistent with the foregoing purposes and to ensure that the network can be operated reliably and lawfully.

Scope

This Policy applies to all uses of CalREN whether such use originates or terminates with devices directly attached to the network or with devices that are attached to networks that directly or indirectly interconnect with CalREN. It also applies regardless of whether such devices are operated by employees of institutions that own such devices or by other agents or third parties.

The Policy does not address such requirements as the Board of Directors of CENIC may impose from time to time on usage of CalREN to ensure equitable use of CalREN, for example to regulate traffic across CalREN to assure that capacity is fairly apportioned among CENIC Associates or to ensure that other CENIC and CalREN objectives are met.

Use

Use of CalREN is defined to be the transmission of any data or other information across the network infrastructure that constitutes CalREN. Such Use must:

• Originate or terminate with a device directly attached to a network owned and operated by a CENIC Associate or on behalf of a CENIC Associate.
• Be for lawful purposes only.
• Be for the purposes of furthering the mission of not-for-profit Associates attached to the network.
• Comply with acceptable use and other policies of any network over which such data or information must be routed to reach its final destination.
• Not interfere with the operation of CalREN nor unreasonably interfere with the acceptable use of CalREN by other CENIC Associates.
• Not indirectly violate this Policy by using the services of another network provider to circumvent the intent or meaning of this Policy.

Enforcement

All violations of this Policy will be reviewed for appropriate action(s) that, at the sole discretion of CENIC, may include sanctions up to and including the termination of use and access privileges by the institution housing the originating or terminating device or devices.

Interpretation and enforcement of this Policy is the responsibility of the CENIC Chief Technical Officer (CTO).

An unacceptable use investigation is initiated when a complaint is received or a network problem is discovered and that appears to be caused by Use that violates this Policy. The CTO will investigate the validity of the complaint or event, examine the facts available and obtain additional information as necessary. The CTO will make a determination as to whether the event was caused by a CENIC Associate or through some other agency.

If a CENIC Associate was directly or indirectly causative in the event, the CTO will:

• Notify by electronic mail the administrative contact of that CENIC Associate.
• Require resolution of the violation within two business days or as may otherwise be lawfully required, whichever is sooner.
• Such resolution of a violation requires the CENIC Associate to take appropriate action to ensure that the activity has ceased and is not likely to recur. If the violation is not resolved to the satisfaction of the CTO within the specified period, the CalREN Participant¹s service may be interrupted until the CENIC Associate has demonstrated that the violation has been resolved.

If further disciplinary action is required, such as in the event of repeated violations by the same CENIC Associate, the CTO will recommend appropriate action to the CENIC Executive Committee. The CENIC Executive Committee will take such action as it deems necessary, possibly including disciplinary action. The decision of the CENIC Executive Committee may be appealed to the CENIC Board of Directors by the affected CENIC Associate.

In urgent situations when failure of a CENIC Associate to take appropriate action in a timely manner to resolve a violation of this Policy may lead to critical problems of network performance, or lead to legal or other serious liability to CENIC, to other CENIC Associates, or to third parties directly or indirectly associated with CENIC, the President (or, in an emergency where time of the essence, the CTO) may immediately discontinue access to CalREN by the offending CENIC Associate.

If other than a CENIC Associate was directly or indirectly causative in the event, the CTO will take such steps as deemed necessary to resolve the situation including, but not limited to, preventing data or information from transiting CalREN, through whatever means necessary, that originates or terminates with the offending party, regardless of whether such data or information was for the intended use of a CENIC Associate.

Complaints

Complaints regarding violations of this Policy or comments on this Policy may be addressed to abuse@cenic.org, to the Vice President for Infrastructure Strategy and Security at dave@cenic.org, or to the CalREN Network Operations Center at noc@cenic.org.

Revisions

This Policy may be amended from time to time by resolution of the CENIC Board of Directors.

Updates

This Policy was originally written on July 22, 1998. It was revised to the current formulation on September 13, 2004.