Acceptable Use of Electronic Information Resources and the Internet

Approved by the City of Tempe Library Advisory Board
January 3, 2005

I. INTRODUCTION

In response to advances in technology and the changing needs of the community, the Tempe Public Library endeavors to develop collections, resources and services that meet the cultural, informational, recreational, and continuing education needs of the community it serves. It is within this context that the Library provides access to electronic information resources including computer equipment, programs, databases, and Internet access via public access computers and wireless access points throughout the building.

The Tempe Public Library reserves the right to alter the provisions of this policy and to change the conditions of use of its electronic information resources, in accordance with its mission. The Library reserves the right to terminate or change, without notice, the nature of access to specific electronic resources, in accordance with its mission.

II. LIMITATION OF LIABILITY

A. INTERNET ACCESS

The Tempe Public Library provides access to the Internet in order to enable the Library and its users to obtain a vast array of information not contained in the Library’s own collections. The Internet provides a gateway to information from many countries and cultures throughout the world. While the Internet generally provides access to information that is valuable and enlightening, the user may find information that is controversial, offensive, disturbing, erroneous, or illegal. In accordance with the requirements of Arizona state statute (A.R.S. §34-502), the Tempe Public Library utilizes a filtering device on public computers in order to limit a minor’s ability to gain access to material deemed harmful to minors by A.R.S. §13-3501 et seq. Filtering software may not block all material that some users might find offensive. The Library does not monitor, and does not have complete control over information accessed through the Internet and cannot be held responsible for its content, presentation, or use.

The Library affirms the right and responsibility of parents and guardians to determine and monitor their children’s use of library materials and resources, including the Internet. Restriction of a child’s access to the Internet is the responsibility of parents or legal guardians. Parents or guardians of minor children concerned about their child's use of the Internet are encouraged to read and share with their children My Rules of Online Safety which is included in an excellent publication from the National Center for Missing and Exploited Children entitled Child Safety on the Information Superhighway. The Library will post this disclaimer on its Internet home page.

B. SECURITY AND PRIVACY

Data downloaded from external computers and networks, including the Internet, may contain computer viruses that could be potentially harmful to the computer systems of Library users. The Tempe Public Library is not responsible for damage to any user’s storage media or computer, or any loss of data, damage, or liability that may occur from a library user’s utilization of the Library’s electronic information resources. The Library recommends that users maintain checking and scanning software to identify and eliminate viruses in any data, files, or programs they obtain from external computers and networks.

Use of the library’s wireless network is entirely at the risk of the user and the Tempe Public Library disclaims all liability for any damage that may occur to one’s computer and/or loss of confidential information or other damages resulting from that loss. As with most public “hot spots”, the library’s connection is not secure. Users accessing the wireless network should have personal firewall and updated virus protection software installed on their computers to protect their privacy and to provide for their own security. Users should be aware that can be untrustworthy parties between them and anyone with whom they communicate. Any information being sent or received could potentially be intercepted by another wireless user. Users should avoid entering credit card numbers, passwords or any other confidential information unless they are certain that the Web site with which they are interacting provides its own security mechanism such as Secure Sockets Layer “SSL” encoding. An SSL protected web page is usually indicated by a small lock icon display along the lower edge of the browser window.

C. LINKS TO INTERNET SITES

The Tempe Public Library, through its Internet home page and internal computer network, provides links to interesting and useful Internet destinations and resources for library users to explore. Links to recommended sites are developed with the following principles in mind:

Recommended sites are selected in accordance with the principles included in the Tempe Public Library’s Collection Development Policy.

Site content should be free of charge to library users. Exceptions include, but are not limited to, sites that offer significant free content but may charge for extra information or services, and job search sites that do not charge the job seeker but rather the employer.

Site content should be kept as current as its purpose demands.

Sites should use Internet resources effectively. For sites containing primarily text, preference is given to those that are visible to text-only browsers. Sites using graphics, animation, sound, and other capabilities should use them in a manner consistent with their purpose, and use Internet resources as economically as possible.

However, due to the unregulated nature of the Internet, the Library cannot monitor the sites to which it links, nor any subsequent links, and cannot accept responsibility for the content or availability of those sites.

D. USE OF COPYRIGHTED MATERIALS

The Tempe Public Library provides access to copyrighted materials, including copyrighted electronic materials. Responsibility for the consequence of copyright infringement shall lie with the library user. The Library expressly disclaims liability or responsibility resulting from copyright infringement by users.

III. RESPONSIBILITIES

A. ETHICAL USE

Library users who access the Tempe Public Library’s electronic information resources shall employ them in an ethical manner. Examples of unethical use include, but are not limited to, the following:

Violation of computer system security

Unauthorized use of computer accounts, access codes/passwords, or network identification numbers assigned to others

Falsified message sources: disguising or falsifying sources of electronic mail and other electronic communications with the intent of misleading, defrauding or harassing others is prohibited.

Unlawful messages: Use of electronic communication facilities (e.g. e-mail, instant messaging (IM), chat rooms, threaded discussions (or systems with similar functions) to send fraudulent, harassing, obscene, threatening, or other messages that are a violation of applicable federal, state, or other law is prohibited.

Spam: Use of public access computers and the wireless network to send “spam” e-mail is prohibited. Spam is e-mail that includes identical or nearly identical messages that are sent to a large number of recipients, who have not granted deliberate and explicit permission for the messages to be sent.

Removing, damaging, or destroying computer hardware and/or peripheral equipment and accessories

Using the Library’s electronic information resources in a manner that would unnecessarily impede the information gathering activities of others; such as monopolizing one or more computer workstations

Using the Library’s electronic information resources in ways that create a hostile environment for others

Violation of the privacy of other library users

B. LEGAL USE

The Tempe Public Library’s electronic information resources may only be used for legal purposes. Examples of illegal usage include, but are not limited to, the following:

Harassment or stalking of other persons

Libeling or slandering of other persons

Violation of Arizona law (A.R.S. §13-2316, as it may be amended) by damaging, destroying, or altering without authorization any computer or electronic equipment, software, or data belonging to the Library, other persons, or other organizations

Violation of Arizona law (ARS §13-3501, et seq., as it may be amended) and Library policy by using the library’s electronic information resources for the public display of material harmful to minors.

Violation of Arizona law (A.R.S. §13-3507, as it may be amended) by using the Library’s electronic information resources for the public display of explicit sexual materials.

Violation of software license agreements

Infringement of copyrighted information

Disruption or unauthorized monitoring of electronic communications

Computer Session Limits Changed Temporarily During Library Renovation.

Tempe Public Library began a year-long interior renovation on June 22, 2009. For approximately nine months the number of computers we are able to offer for public use has been substantially reduced.

To provide the most equitable access possible for all of our patrons during this time, the following changes have been made to our computer session limits:

- Library cardholders are currently limited to a maximum of 60 minutes per day (formerly 120).

- Guest pass sessions are currently a maximum of 20 minutes in length (formerly 30).

In the Spring of 2010, the Library will open a new Computer Commons on the main floor with 72 adult use public access computers, and the new Youth Library and Teen Room will offer 35 additional computers on the lower level.

We expect our reservation wait times to increase during construction. To help with that, information is available at Library service desks and on the Library web site about other local facilities which offer public access computing free of charge.

We regret the inconvenience our construction project will cause our patrons, and thank you for your patience. We look forward to the exciting changes which are on the way, and to opening our fully renovated library in the Summer of 2010.

Click here for more information about the Library renovation.

Entrance

Computer Commons

Quiet Reading Area

C. CONDITIONS OF USE

To ensure that the use of the Tempe Public Library’s electronic information resources is consistent with the legal and ethical standards set forth in this policy, the following conditions of use shall apply:

Library users shall have access to the Library’s public access computers on a first-come, first-served basis.

Library users shall limit their use of the Library’s public access computers if other users are waiting for access to those resources. Individuals wishing to use the Library’s public access computers must present a valid Tempe Public Library card in order to reserve a computer on the Library’s public access PC management system. In those instances in which an individual is unable to receive a standard library card, he or she will be issued a special temporary library card that will provide access to the computers only. There is a time limit of two sixty (60) minute sessions per day on the workstations located in the Reference and Computer Access Center sections and a thirty (30) minute time limit on the workstations in the Youth Library. No single user shall utilize the electronic resources workstations for more than two sixty (60) minute sessions per day. Some workstations located on the main floor of the library are designated as “express” workstations with a fifteen (15) minute time limit.

The computers within the Youth Library are for the exclusive use of children under the age of fifteen. Children under seven years of age must be accompanied by a parent or guardian.

Library users shall not attempt to upload, install, set-up, run, or execute any program or software not authorized by the Library on any of the Library’s computer workstations.

Library users shall not tamper with computer and monitor settings.

Library users shall not, in accordance with United States law (US Code, Title 17), reproduce or distribute copyrighted materials without the permission of the copyright holder, except as permitted by the principles of “fair use”. Users may not copy or distribute electronic materials (including electronic mail, text, images, programs, or data) without the explicit permission of the copyright holder. Responsibility for any copyright infringement lies with the user. The Library expressly disclaims any liability or responsibility resulting from such use.

The Tempe Public Library provides access to electronic informational resources through the Library’s network and the Internet.

Library computers shall not be used to participate in gambling activities.

The Library does not provide personal E-mail accounts, however, there are some sites on the World Wide Web that provide E-mail accounts free of charge.

Library users shall not, in accordance with Arizona law (A.R.S. §13-3507, as it may be amended), use the Library’s electronic information systems for the public display of explicit sexual materials.

Library users shall not, in accordance with Arizona law and Library policy, use the Library’s electronic information systems for the public display of material harmful to minors.

Public access computer workstations can print to a variety of printers including a black and white laser printer, a color laser printer, or a digital color copier. Users may select from a variety of printing options according to the following fee schedule: twenty (20) cents per page for black and white laser copies, $1.25 per page for digital color copier copies, and $1.25 per page for color laser copies. Printing fees are subject to change if the Library’s contractor for this service changes. Depending upon the information resource and the computer workstation, library users may download information at no charge to a 3.5” computer disk or other storage media. Disks are available for purchase from a vending machine located in the Computer Access Center. Library users should take note that the ability to download information is not available for all databases due to individual software differences and database vendor restrictions.

Printers are not available via the wireless network.

DEFINITIONS

The terms “explicit sexual material” and ‘harmful to minors” are used in this policy as they are defined in A.R.S. 13-3501, et seq., as it may be amended.

“Harmful to minors” also means any image that could reasonably cause psychological harm to a minor, and does not contain any serious literary, artistic, political, or scientific value for minors. By way of example, most images portraying a headless or mutilated corpse would be considered material harmful to minors.

IV. SANCTIONS

Library users who violate the Tempe Public Library’s Acceptable Use of Electronic Information Resources and the Internet policies, or who refuse to comply with the Conditions of Use will be removed from the Library, and may have their library privileges revoked. Violations of the policies described above regarding the legal and ethical use of the Library’s electronic information resources will be dealt with in a serious and appropriate manner. Illegal acts involving the Library’s electronic information resources may also be subject to prosecution by local, state, or federal authorities.