embc Network Acceptable Use Policy

Contents

  • Background and Definitions
  • Acceptable Use
  • Unacceptable Use
  • Passing on and Resale of the embc Service
  • Compliance

Background and Definitions

1. The embc Network is the name given to include the network, services and facilities that support the communication requirements of the East Midlands learning community.  The embc Network connects to the National Education Network (NEN) which uses the SuperJanet network run by JANET(UK).  The embc AUP has therefore been based on the JANET(UK) AUP to ensure it is in line with requirements.

2. The eight East Midlands Local Authorities comprising Derbyshire, Leicester City, Leicestershire, Lincolnshire, Nottingham City, Nottinghamshire, Northamptonshire and Rutland are responsible jointly for the provision of the embc Network through their ownership of embc-pl. embc-pl has established a Board of Directors comprising senior staff from each LA and a Managing Director.  The embc Network and its associated services (the Network OM&D Service, the Managed Services and the Additional Services) (all together “the Services”) will be provided solely by Synetrix from the Switchover Date. This document applies to the Services provided by Synetrix from the Switchover Date onwards.

3. This Policy applies in the first instance to any User Organisation. It is the responsibility of User Organisations to ensure that members of their own user communities use the Services in an acceptable manner and in accordance with current legislation, including (but not limited to):

  • the Communications Act 2003;
  • the Data Protection Act 1998;
  • the Privacy and Electronic Communications (EC Directive) Regulations 2003;
  • the Regulation of Investigatory Powers Act 2000;
  • any relevant directives, codes of practice or other agreed or commonly standard industry guidelines relating to the retention of data.

4. It is therefore recommended that each User Organisation establishes its own statement of acceptable use within the context of the Services then  provided to its users, and in a form that is compatible with the conditions expressed in this Policy. Such a statement may refer to, or include, this document. If material from this document is included, this must be done in such a way as to ensure that there is no misrepresentation of the intent of this Policy. Embc-pl or the User Organisation’s Local Authority can advise on this aspect as and where necessary.  User Organisations wishing to update their AUPs should consult the Becta document ‘E-Safety: developing whole-school policies to support effective practice’ and ensure continuing conformance with this Policy.

5. The Services are provided to support teaching and learning, in accordance with DCSF and Becta policy and other government agendas. The connection of any organisation to the embc Network is governed by the 8 member LAs. The embc Network is not a public network.  The embc Network connects 2,100 sites to each other and the internet through a safe and secure communications network. The embc Network is a Becta accredited internet service provider.

 

Acceptable Use

6. A User Organisation may use the Services for the purpose of working with other User Organisations, and with organisations attached to networks which are reachable via agreements operated by embc-pl and its agreements with other network providers. All use of the Services is subject to payment of the appropriate charges in force during the period of service. Any provision of Services must be authorised in advance.

7. Subject to the following paragraphs, the Services may be used for any legal activity that is in furtherance of the aims and policies of the User Organisation.

8. Implementation of the embc Standard Network Build (SNB) is essential to support embc e-safety provisions. All User Organisations must implement the embc SNB.

9 All User Organisations must have in place technical and management measures enabling them to identify and track all users on an individual basis.

 

Unacceptable Use

11.  The Services may not be used for any of the following:

11.1. the creation or transmission of any offensive, obscene or indecent images, data or other material, or any data capable of being resolved into obscene or indecent images or material.

11.2. the creation or transmission of material which is designed or likely to cause annoyance, inconvenience or needless anxiety;

11.3. the creation or transmission of defamatory material;

11.4. the transmission of material such that this infringes the copyright of another person;

11.5. the transmission of unsolicited commercial or advertising material either to other User Organisations, or to organisations connected to other networks, save where that material is embedded within, or is otherwise part of, a service to which the member of the User Organisation has chosen to subscribe;

11.6. deliberate unauthorised access to facilities or services accessible via the embc Network;

11.7. deliberate activities with any of the following characteristics:

  • wasting staff effort or networked resources, including time on end systems accessible via the embc Network and the effort of staff involved in the support of those systems;
  • corrupting or destroying other users' data;
  • violating the privacy of other users;
  • disrupting the work of other users;
  • using the embc Network in a way that denies service to other users (for example, deliberate or reckless overloading of access links or of switching equipment);
  • continuing to use an item of networking software or hardware after embc-pl has requested that use cease because it is causing disruption to the correct functioning of the Services;
  • other misuse of the embc Network, such as the introduction of viruses.

12. Where the embc Network is being used to access another network, any abuse of the acceptable use policy of that network will be regarded as unacceptable use of the embc Network. Any breach of industry good practice (as represented by the standards of the London Internet Exchange), or of the Acceptable Use Policies of other networks, that is likely to damage the reputation of the embc Network may be regarded as a breach of this AUP.

 

Passing on and Resale of the embc Service

13. It is not permitted to provide access to the embc Network for third parties without the prior agreement of embc-pl.

13.2. It is acceptable for a User Organisation connected to the embc Network to extend access to others on a limited basis, provided no charge is made for such access. For example, it is acceptable that a visitor to the User Organisation be permitted to gain access to the embc Network for the purpose of maintaining contact with his or her home organisation. It is intended that such use be regulated by the User Organisation in the same manner as it would regulate occasional use by third parties of its other facilities, such as its telephone and IT support systems.

14. A third party, where an individual, means someone who is not acting as a member of the User Organisation. Where it applies to a separate organisation, this is defined to be any organisation that is in law a separate entity to the User Organisation.

 

Compliance

15. It is the responsibility of the User Organisation to take all reasonable steps to ensure compliance with the conditions set out in this Policy document, and to ensure that unacceptable use of the embc Network does not occur. The discharge of this responsibility must include informing those at the Organisation with access to embc services of their obligations in this respect.

16. Where necessary, service may be withdrawn from the User Organisation. This may take one of two forms.

16.1. An indefinite withdrawal of service, should a violation of these conditions persist after appropriate warnings have been given by embc-pl. Such a withdrawal of service would only be made on the authority of the Managing Director of embc-pl and reported to the embc-pl Board of Directors. Restoration shall be made only when embc-pl is satisfied that the appropriate steps had been taken at the User Organisation involved to ensure compliance with the Acceptable Use Policy in future.

16.2. A suspension of service, should a violation of these conditions cause serious degradation of the service to other users of the embc Network. Such a suspension would be made on the judgement of embc-pl, and service would be restored when the cause of the degradation of service to others had been removed.

17. Where violation of these conditions is illegal or unlawful, or results in loss or damage to embc-pl resources or the resources of third parties accessible via the embc Network, the matter may be referred for legal action.

18. It is preferable for misuse to be prevented by a combination of responsible attitudes to the use of embc-pl resources on the part of users and appropriate disciplinary measures taken by their User Organisations.

 Contents