This acceptable use policy (the "AUP") applies to use of the Platform for Open Wireless Data-driven Experimental Research ("Powder" or the "Platform"). Powder is a testbed designed to allow researchers and industry partners to experiment with wireless and mobile network protocols and technologies, and the new capabilities and applications that they enable. Any individual accessing the Platform (a "User") may do so only for a Permitted Use, as defined below) and only as otherwise permitted under this AUP. The Powder administrators may terminate access to the Platform for any individuals or organizations who violate any of these terms or whose use of the Platform, in the sole judgment of the Powder administrators, poses a threat to Powder's access or right to use licensed or unlicensed spectrum or the safety, security, or integrity of the Platform, other Users, or any third parties.
As a condition of using the Platform, I agree to the following terms and conditions on behalf of myself and any organization on whose behalf I am using the Platform.
Permitted uses. Unless I am accessing the Platform pursuant to a separate, written agreement setting forth the nature of my use of the Platform, I understand that I am allowed to use the Platform only for academic research purposes or for short-term evaluation of the Platform to determine suitability for commercially related research (each a "Permitted Use"). For purposes of clarification, research in support of military applications or commercial use does not constitute academic research and may be conducted only pursuant to a separate written agreement.
Prohibited uses. I understand that it is my responsibility to comply with all laws applicable to the use of the Platform. Parts of the Platform are capable of sending and receiving radio-frequency communications over the air, in a public environment. I understand that use of these frequencies is regulated by the US Federal Communications Commission and that transmission of signals over these frequencies is governed by State and Federal laws and regulations. I also understand that the use of these frequencies by Powder may be limited or constrained by operating or other agreements with third-party holders of spectrum licenses. I acknowledge that it is my responsibility to know the terms and requirements of any applicable government regulations and the terms and conditions that Powder is required to comply with in regard to any third parties insofar as they are provided to me by Powder and to abide by them in my use of the Platform. I will not use the Platform for any purpose that is unlawful or otherwise inconsistent with applicable laws or regulations or the contractual limitations that Powder is subject to.
In addition, I will not use the Platform for any purpose other than my Permitted Use (each a "Prohibited Use"). By way of example (and not limitation), the following uses of the Platform shall constitute Prohibited Uses under this AUP:
Any attempt to manipulate or circumvent the Platform's controls related to user access, including sharing account credentials, revealing my true identity or that of my collaborators, or accessing the system without permission
Any use that results in an individual being abused, threatened, harassed, or intimidated
Any use that would constitute a crime or violation of law, including using the Platform to commit fraud or make material misrepresentations, or in furtherance of any criminal activity, or in a manner that violates FCC regulations.
Accessing or attempting to access the Platform to copy, reverse engineer, decompile or otherwise misappropriate any proprietary aspect of the Platform, or to attempt to violate the intellectual property rights of others, including the University of Utah, other Platform users, or those who have provided equipment, software, or intellectual property for use as part of the Platform (each a "Platform Collaborator").
Any use of the Platform that results in a violation of the privacy rights of another User or reasonable expectations of privacy of any third party
Any use that results in a violation of any other provision of this AUP (or such modified version of the AUP as may apply to the use of the Platform at the time of such use)
Any use that is not consistent with a request by Platform Administrators related to the safety, security, or integrity of the Platform or research supported by or related to the Platform
Any use for a non-evaluative commercial purpose or to provide services to third parties, including, for example provide communications services to individuals or organizations
I understand that Powder administrators may include information about me and my usage of the Platform in order to maintain, improve, and administer the platform, provide platform support, verify my eligibility to use the Platform, and as otherwise required by applicable law. To the extent permitted by applicable law, including laws related to public access to open records, Powder Administrators will employ reasonable safeguards to protect the identities of Users and the confidentiality of their data. Powder administrators may attempt to provide isolated compute and storage resources for a limited amount of time to facilitate User efforts to maintain confidentiality of data, but it is the User's responsibility arrange for the provision of such resources. ANY SUCH RESOURCES ARE OFFERED ON AN AS-IS BASIS, WITHOUT GUARANTEE OF ANY KIND. RF communications over the air, cannot, by their nature, be protected from interception by third parties; Users must take appropriate precautions with any sensitive data that they transmit. Powder does not represent its ability to handle any User data in accordance with any particular specialized legal, accreditation, or industry requirements for data privacy or security (such as the Health Insurance Portability and Accountability Act ("HIPAA") and Users shall not use the Platform to store or transmit data if such requirement would apply.
Powder does not provide guarantees with respect to the reliability of the storage it provides; it is Users\' responsibility to makes copies of data that is important to them.
The Powder administrators reserves the right to exercise judgment with respect to the use of the Platform and its resources and to restrict or terminate access as they see fit.
In addition to the other consequences described herein, violation of this AUP may result in any of the following:
shutting down a User's access to Powder
shutting down a User's access to the radio frequencies used by Powder;
terminating a User's experiment, including deletion of data associated with it;
disabling User accounts or organizational access;
informing an organization about its User's violations of this policy
The Platform is an experimental platform offered for research purposes only. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE UNIVERSITY DISCLAIMS ANY AND ALL LIABILITY FOR ANY HARMS ARISING OUT OF YOUR USE OF THE PLATFORM AND YOU HEREBY WAIVE ANY CLAIMS YOU MAY HAVE RELATED TO SUCH HARMS AGAINST THE UNIVERSITY AND PLATFORM COLLABORATORS (EACH AND ALL OF WHOM ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AUP. You will indemnify, defend, and hold harmless the University and the Platform Collaborators against any and all claims, damages, costs, and expenses (including attorney's fees) (collectively "Damages") to the extent such Damages arise from your use of the Platform.
To report a suspected violation of this policy, contact the Powder NOC (noc@powderwireless.net).
