1. Scope
1.1 The e-Innovation Centre supports the principle of optimising the available technology of the Internet for the business needs of our tenants and customers. However, such use of e-Innovation Centre resources is subject to statutory provisions and contractual and other obligations placed upon the users of these e-Innovation Centre resources. This Code not only imposes corporate (contractual) obligations upon users, it also seeks to inform users of some (although not necessarily all) of the statutory and other legal obligations applicable. It is the responsibility of each individual to acquaint themselves with and observe the obligations which are imposed by law.
1.2 The Internet is an evolving medium of information exchange and interaction. It includes, amongst other facilities, access to the World-Wide Web and Electronic Mail.
1.3 This code applies to all users of e-Innovation Centre computer facilities and is in addition to the e-Innovation Centre Code on Computer Use and to the conditions applicable to all registered users of central and e-Innovation Centre computer facilities.
1.4 The e-Innovation Centre reserves the right to monitor all usage of e-Innovation Centre Computer Facilities, which includes monitoring the access, publication or receipt of any Internet materials by any user and, in addition to the provisions of clause 2.5 below, to remove or require the immediate removal from e-Innovation Centre systems of any material which, in the opinion of the e-Innovation Centre's management is considered to be inappropriate
2. General Provisions
2.1 Internet Acceptable Use Policy
The e-Innovation Centre has its own dedicated internet connection which is available for the use of tenants and visitors. All Internet traffic is routed via the e-Innovation Centre's connection, and the e-Innovation Centre requires that all users of e-Innovation Centre computer resources are aware of and comply with the requirements and legislation detailed below.
2.2 Statutory and other provisions of English Law.
Whilst the use of the Internet is a broadly unregulated medium, there are a number of statutory and other legal provisions which may impact upon its use. The following are a selection of provisions for which users of the Internet will need to be cognizant; they are, however, by no means exhaustive. It must also be noted that it is the policy of the e-Innovation Centre to refer to the appropriate authorities any discovery of a breach of the law arising from use of the Internet.
2.2.1 Computer Misuse Act 1990
The Computer Misuse Act 1990 makes it a criminal offence to access, or attempt to access computer material without proper authority or to make unauthorised modification of computer material. Persons convicted of an offence under the Computer Misuse Act are subject to a maximum of 5 years' imprisonment or a fine or both. In the context of Internet use, it is likely that the following examples would be considered illegal.
- Accessing restricted material without proper authority.
- Provision of any material, such as access codes or 'hacking' instructions which enables others to gain unauthorised access to a computer system.
- Knowingly receiving (or using) any material from an unauthorised user who has gained access to systems.
- Unauthorised modification of a computer system program or data stored on a system.
- Any material which encourages or incites other persons to carry out unauthorised access or modification of a computer system, program or data.
2.2.2 The Copyright Designs and Patents Act 1988
It is an offence under this Act to copy software or other Internet materials without authority. It is immaterial whether such unauthorised copying is done with a view to personal convenience or for monetary gain. Unlimited fines and up to two years' imprisonment may be imposed on offenders. All software, including commercial products and Shareware, is protected by copyright law and is licensed for legitimate use. Some software creators have designated their products as Freeware (for which use is authorised without a licence fee being payable) and have made this available on the Internet. The e-Innovation Centre does not tolerate the use of unauthorised/unlicensed software and may require evidence from any user of software obtained via the Internet that its use is lawful.
2.2.3 Data Protection Act 1998
This Act prohibits the holding, processing or disclosure of personal information data about others on computer or in a 'structured' manual form, unless the data user is properly registered with the Information Commissioner and observes the data protection principles. The Data Protection Principles and details of the other provisions of the Act may be obtained from the the Information Commissioners website at http://www.dpr.gov.uk/
2.2.4 Race Relations, Disability Discrimination and Sexual Discrimination.
Discrimination on the grounds of race, colour, nationality, ethnic or national origin, disability or gender is unlawful under the provisions of legislation dealing with these matters. Any material published or received via the Internet (or by other means) which discriminates or encourages discrimination is in contravention of the legislation.
2.2.5 Official Secrets Acts
The provisions of this legislation often apply in connection with contracts with the Government or government agencies. Any publication of material via the Internet (or by any other means) which is in contravention of obligations under the Official Secrets Acts is a criminal offence which is punishable by imprisonment or a fine or both.
2.2.6 The Criminal Justice and Public Order Act 1994
This miscellany of legislation includes a consolidation of provisions for the protection of minors by making it a criminal offence to possess pornographic or obscene material of or involving minors, or material considered to be excessively violent. In the context of the Internet it would apply to the transmission, receipt and storage of text, audio and graphic images.
2.2.7 Laws of Defamation
Any publication of a statement, comment or innuendo about another individual or organisation which cannot be justified at law may render the author liable to an action for defamation. In the context of Internet use, the e-Innovation Centre will not permit the publication of defamatory material and any author transmitting or any person passing on defamatory material will be required to indemnify the e-Innovation Centre against all actions, proceedings, claims and costs resulting there from.
2.2.8 Obscene Publications Act 1959
The publication (whether for gain or not) of material intended to be read, heard or looked at which is such as to tend to deprave and corrupt persons having access to the publication is a criminal offence which carries a maximum sentence of three years imprisonment.
2.2.9 Telecommunications Act 1984 & Communications Act 2003
A person who sends a message or other matter that is grossly offensive, indecent, obscene or menacing in character via the public telecommunication system or sends a false message for the purpose of causing annoyance, inconvenience or needless anxiety to another shall be guilty of a criminal offence. The Internet makes use of the "public telecommunication system". A breach of this Act will result in a substantial fine and/or imprisonment.
2.3 International Law
Users of the Internet should be aware that any material which they create and transmit is accessible World-Wide and that such material must not therefore contravene any international laws or treaties. Specific examples include the importation of specified material from countries for which an embargo is in force and the possibilities that material lawfully provided in the United Kingdom but accessed in another country may constitute an offence within that recipient country.
2.4 Additional e-Innovation Centre Requirements
In addition to this Acceptable Use Policy and the provisions of the law generally, the e-Innovation Centre requires users to comply with the following additional general requirements
2.4.1 Unacceptable Material or Conduct
The e-Innovation Centre will not permit the use of the Internet for the transmission or receipt of material which is considered by the e-Innovation Centre to be offensive; harassment of others; wasteful of resources, or not commensurate with the provision of the facilities for legitimate business purposes. Examples of such unacceptable use may include engaging in computer games on the Internet; engaging in 'chain E-mail' or 'Spamming' the transmission or receipt of material which draws excessively upon resources; the transmission or receipt of copyrighted materials such as illegally copied software, music or video; the transmission or receipt of materials which is to the possible detriment of the e-Innovation Centre's systems or is to the possible detriment of other users; the transmission of text or images, which, in the opinion of the e-Innovation Centre, are considered abusive or offensive; other unacceptable conduct which may reflect adversely upon the user and/or the e-Innovation Centre. The provision by a e-Innovation Centre user of explicit or cryptic links to such material stored elsewhere on the Internet is also unacceptable.
2.4.2 Any transmission of materials by a user of e-Innovation Centre Internet systems must carry the name of the user. Any act or attempt by a user to transmit via the e-Innovation Centre's Internet systems materials which purports, falsely, to have emanated from another user, person or organisation shall be subject to appropriate sanctions.
2.4.3 In view of the possibilities of introducing computer programmes which may cause damage or disruption to e-Innovation Centre computer systems, the e-Innovation Centre discourages the downloading of programmes via the Internet. However, in the event that a user of e-Innovation Centre systems does introduce a disruptive program by such means, and whether this is done knowingly or not, the e-Innovation Centre reserves the right, in addition to any other sanctions which may apply, to recover from the user responsible for downloading the software, the cost of any remedial action necessary, together with any other direct costs to cover, for example, the re-creation of data or business interruption.
2.5 e-Innovation Centre Monitoring and Sanctions
2.5.1 Any suspected breach of the provisions of this code may result in the immediate withdrawal of Internet access and / or withdrawal of additional computing facilities, pending investigation. In addition to the sanctions applicable to a breach of the law, any actual breach of the provisions of this code may result in the temporary or permanent withdrawal of Internet and / or other e-Innovation Centre computing facilities and in proven cases the termination of any tenancy or business assistance agreements.
2.5.2 Whilst the e-Innovation Centre does not routinely intercept or monitor internet or other telecommunication traffic passing through its systems, the e-Innovation Centre does expect all users of its facilities to use them responsibly and in compliance with this Code. Within the provisions of the law, the e-Innovation Centre reserves the right at any time to intercept and monitor communications in accordance with the Regulation of Investigatory Powers Act: The Telecommunications (Lawful Business Practise) (Interception of Communications) Regulations and any other relevant legislation. Such interception/monitoring shall normally only take place with the express written approval of the Vice Chancellor or the Clerk to the Board of Governors of the University of Wolverhampton, but may be undertaken without any prior notice to the Users of e-Innovation Centre systems.
