This website is the property of Southwestern Adventist University and holds a copyright for its content. Southwestern's tagline, "Knowledge. Faith. Service.," is trademarked through the United States Patent and Trademark Office.

Southwestern has seen a dramatic increase recently in the number of illegal downloading complaints since upgrading to our new 200MB pipe in August, 2010. In the first two months after implementing the new pipe, we received 10 infringement notices from our ISP. In order to protect both the University and our students from legal action, we are beginning to take preventive measures (such as this FAQ) as well as developing policies to discourage illegal downloading.

What are the typical applications that are used for illegal downloading?

Gnutella, Limewire, Morpheus, BitTorrent, Ares, Aimster, Bearshare, Kazaa, Imesh, and Napster are a few of the more common names from over the years. There are dozens and dozens of applications that fall into this category.

How do I know if something is copyrighted?

Most music, videos, lyrics, books, TV shows, etc. are copyrighted. It would be better to assume that everything is copyrighted unless you know specifically otherwise.

Aren't I covered under "fair use"?

No. Fair use covers things like making a copy of a purchased CD for use in your MP3 player or car. It does not allow you to download music for free that you would normally have to purchase.

I just was forwarded an email about illegal downloading, what does it mean?

There are three types of letters that we have seen recently, and each one is treated a little differently. The most common letter is what is referred to as a "take-down notice." These are forwarded on to the user and generally, they are just asking for the infringing material to be removed from the computer. In general, they believe that most people will do the right thing if asked.

The second kind is referred to as a "pre-litigation letter." These are letters that are sent to us as the internet service provider asking us to forward them to the users. They specify that they intend to subpoena the subscriber information and legal action is about to be taken against the Southwestern user. Depending on when this issue is settled in the process determines the financial settlement. Southwestern does forward these letters to the users and recommends that the user consults with their personal attorney on what to do.

The third kind is referred to as a "preservation notice." These inform that a "pre-litigation letter" is forthcoming and/or requests that we preserve any information regarding the user. These letters do not get forwarded to the users.

What are Southwestern's policies regarding illegal downloading?

It depends on what type of letter is received.

• Take down notice
  • First incident—letter is forwarded with a reminder of the school's policy on illegal downloading; network connectivity is suspended until the individual informs Information Technology Services that the offending material has been removed from their computer.
  • Second incident—letter is forwarded; individual is charged a $100 fine; network connectivity is suspended until the fine is paid; matter is referred to the Dean of Students or, in the case of a faculty or staff member, the Personnel Office.
  • Third or repeated incidents—letter is forwarded; individual's personal devices are permanently banned from the network; matter is referred to the Discipline Committee; individual may be subject to increased fines or possible dismissal. 
• Pre-litigation letter
  • First incident—same as 2nd incident above
  • Second incident—same as 3rd incident above
• Preservation notice
  • All incidents—records are preserved for six months

What can happen to me if I violate copyright laws?

Aside from university sanctions, you are subject to the federal and state copyright laws: punishable up to three years in jail and $250,000 in fines per infraction.

Why was I not told about this?

Beginning Spring 2011, it is being mentioned as a part of the device registration process. You will have to check a box certifying that you read and understood the contents of this page. It is also mentioned during orientation and assemblies.

How can I check the validity of the forwarded note?

You can call Information Technology Services at 817-202-6411. They have a copy of every message that gets forwarded.

Does Southwestern check the validity of the complaints?

The complaints come from a few sources, and we merely forward them on. Each email typically comes with a certificate to ensure the authenticity.

What should I do?

Follow the instructions in the forwarded letter. This typically means removing the infringing material with take-down notices. Pre-litigation letters have specific instructions. When in doubt with a pre-litigation letter, consult your personal attorney before taking any action. You may want to unplug your computer from the network to ensure that nothing further happens with your computer until your attorney instructs you on what to do.

What if I didn’t download this?

This is usually a rare case, but it could happen. Please contact Information Technology Services at 817-202-6411 and report this so we can look into it further. In some cases, two incidents are on the same complaint because they occurred from two systems using the same IP address at different times. Those are usually separated out and both parties get individual messages. The original message is not altered. In these cases, we create a record for each individual.

What if my roommate or a friend was the one doing this?

If he or she was using your computer or a computer that was registered with your login credentials, you may still be responsible. For the purposes of Southwestern's actions, please call Information Technology Services at 817-202-6720 so that it can be documented.

Will I get a take-down notice prior to getting a pre-litigation letter?

There are many instances where students have received pre-litigation letters without having previously received take-down notices.

If I removed the copyrighted material, will I be protected from being sued?

That is up to the complainant. There has been only one instance that we know of where an individual who removed copyrighted material after receiving a "take-down notice" still received a pre-litigation letter.

Do I have to remove XYZ file sharing program?

We do not regulate what applications you should or should not use nor how you use them. Most individuals do remove the application to avoid any possible future complaints. If you are having difficulty removing the applications, you can call Information Technology Services at 817-202-6720.

Will Southwestern release my information to the complainant?

Southwestern will not release any of your information to anyone outside of Southwestern without a subpoena, court order, or through some other legal process.

Can I get more information from the complainant?

Most letters include an email address to which you can respond. Keep in mind that Southwestern will not release any of your information to anyone outside of Southwestern without a subpoena or court order. If you give that information to them, that is your business. You may want to consult with your personal attorney before responding.

What will Southwestern do to protect me?

The network is merely a conduit, and Southwestern will take the necessary steps to protect itself. The actions you take on the network are strictly your own and at your own risk. Southwestern will not release any of your information to anyone outside of Southwestern without a subpoena or court order.

I don’t have a personal attorney, so can I get legal advice from Southwestern?

No. The university attorneys represent the University and do not offer personal legal advice.

Where can I learn more about copyright laws?

Here are a few useful links on copyright laws:

• www.copyright.gov
• http://www.riaa.org/
• http://www.mpaa.org/
• https://www.siia.net/?s=piracy
• http://www.eff.org/IP/DMCA/

I paid for XYZ file sharing program, doesn’t that make me legal?

In most cases, it does not make it legal. By paying for the application, you may get enhanced features, but it does not mean that the material you download or upload has been licensed for your use.

Why doesn’t Southwestern block these applications?

Southwestern's network is merely a conduit. Southwestern does not have the resources to continually police all of the applications and network traffic. It is no different than someone using a telephone for illegal acts. Just as it would be prohibitive for the phone company to monitor and block that traffic, the same holds true for the network.

While we have packet-shaping software that monitors and manages bandwidth usage, it does not block applications. File sharing normally consumes lots of bandwidth. We have plans to make some tools available so that you can see if you are a high bandwidth user.

How does the RIAA track alleged music pirates?

Here is a good article explaining their process: https://www.chronicle.com/.

How do I remove the P2P applications?

While removing P2P applications can be very tricky, this site does its best to try and explain how to do it. Use the information at your own risk: P2P Removal Instructions - Amherst College.

Is there a way that I can get the P2P applications to stop uploading?

Many applications do not allow you to turn off the uploading feature. Keep in mind that some court cases have held that merely downloading is still infringing behavior.

Who can I contact for technical help?

You can call Information Technology Services at 817-202-6411. Be aware that a reformat of your computer and reinstallation of the operating system may be necessary as it is the only method available to ensure complete peer-to-peer application removal. If you require serious intervention such as this, there will be a $100 base charge.

Why can't you just uninstall the application instead of completely reformatting my system?

Some of these applications are very difficult to remove. Even though you have uninstalled the application, some leave a small portion of the application behind that still is allowing your copyrighted material to be shared. So while you think you have removed the application and your liability, it still exists. The reformat option is the only way Information Technology Services will guarantee that any P2P application is fully disabled on your system.

Network access is provided at no additional charge to students, faculty, staff, and guests in good standing at Southwestern Adventist University.

Southwestern is not responsible for damage incurred to student or guest computers from viruses or other threats commonly found on the internet. The registered users will take full responsibility for protecting their computers by keeping firewalls, anti-virus, and anti-spam solutions in place and up to date.

Network access may be revoked if network abuse is observed. Examples of such abuse include:

• Using network resources for commercial purposes
• Use of network sniffers
• Attempting to gain unauthorized access to other network devices or internet services
• Violating legal statutes such as making threats of violence or downloading copyrighted material
• Allowing anyone to do any of the above activities using hardware that belongs to you

Resource usage is monitored and logged for management and security purposes. If such abuse is observed, you may be denied access to the network.

PRIVACY NOTICE

Southwestern Adventist University is committed to respecting the privacy of information and data that may be used to identify you (your “personal information”). This Privacy Notice describes our policies and practices regarding the most common ways we collect, use, disclose, or otherwise process your personal information. In certain circumstances, we may provide you with supplemental disclosures regarding our data processing activities.

I. POTENTIAL STUDENTS—Personal Information We Collect: Southwestern Adventist University collects and uses personal information about applicants and other prospective students. If you are, or have been an applicant, we may collect and use the following types of personal information about you:

• Information and supporting documentation that you provide in your application, including verification of identity and/or any other information needed to process the application
• Related application materials (e.g., recommendations, references, and test scores)
• Information that you have permitted a third party, such as The College Board, to release (e.g., AP or SAT scores, demographic information, academic information)
• Contact information for prospective students that we receive from other institutions and from vendors (i.e., Niche, or college search engines the University subscribes to)
• Financial information, including financial information about your family members (e.g., information collected in connection with applications for financial aid, loans, and scholarships)
• Survey responses (if you choose to respond to a survey sent by us or on our behalf)

How We Use Your Personal Information—Your personal information is used primarily to evaluate your application and related activities, such as evaluating requests for financial aid, communicating with you about your application, and other administrative functions related to the admissions and enrollment process. We may also use or disclose your statistical information for the following purposes:

• To consider requests for accommodations
• For research and statistical purposes
• To provide you with information about Southwestern Adventist University and events that you might be interested in attending
• To send surveys for research purposes
• For compliance with legal obligations, to respond to subpoenas, court orders, or other legal processes, and to enforce our agreements
• To prevent or investigate fraud or other unlawful activity, and to protect the security of Southwestern Adventist University's property, website, and other systems
• To meet the obligations of private organizations with oversight over Southwestern Adventist University, such as accreditation organizations
• To protect the health, safety, or rights of you, other students, faculty, staff, and visitors

How We Share Your Information—We may share your information with the following individuals and entities:

• Individuals who assist in the application process, such as faculty and/or outside consultants
• Other departments within Southwestern Adventist University
• Your financial institutions and funders (e.g., as necessary for obtaining loans, scholarships, or other funding)
• Governmental bodies as necessary for compliance with the law, with law enforcement authorities when necessary, and other third parties to enforce our legal rights
• Private organizations with oversight over Southwestern Adventist University, such as accreditation organizations (they will be provided with statistical information only)

II. STUDENTS, FACULTY, & STAFF—Personal Information We Collect: when you are a student at Southwestern Adventist University, or a member or prospective member of the faculty and staff, we maintain records containing your personal information. We may collect and use the following types of personal information about you, as applicable:

• Your contact information and biographical data (e.g., name, address, date of birth, race, ethnicity)
• Application materials and supporting documents (e.g., applications for admission or employment)
• Copies of identification documents and other official documents (e.g., driver’s license, I-9 form, passport/visa information)
• Employment and/or educational records (e.g., job history, job reviews, transcript information)
• Academic work product and related information (e.g., research and course-related content)
• Records about your other activities (e.g., involvement in clubs, disciplinary actions, and similar incidents)
• Financial information (e.g., payroll information, information related to tuition payments)
• Student health records (Most health information about students is stored in the records of Southwestern Adventist University Campus/Heath Services for the purpose of providing you with health care and counseling services. Please refer to the University’s Student Handbook for additional information regarding the use and disclosure of health information in connection with Southwestern Adventist University’s Student Services.)
• Information about technology usage (e.g., IP addresses, software downloads for faculty and staff only)

How We Use Your Personal Information—We use this information for the following purposes as applicable:

• To provide educational, employment and/or related services (e.g., maintaining relevant records of your studies or employment, providing you with access to facilities and support services, such as counseling and IT services)
• To administer the financial aspects of the relationship (e.g., payroll, collecting tuition, coordinating with lenders or other funders)
• To enable your participation at events and in other opportunities (e.g., graduation, study abroad programs, internships)
• To protect the educational integrity of the school (e.g., disciplinary actions)
• To accommodate special needs (e.g., disability accommodations)
• For research and statistical purposes related to our educational and/or other services
• To provide basic contact information in student, faculty, and/or staff directories
• For the general operations of Southwestern Adventist University and related administrative functions
• For compliance with legal obligations, to respond to subpoenas, court orders, or other legal processes, and to enforce our agreements
• To prevent or investigate fraud or other unlawful activity, and to protect the security of the University’s property, website, and other systems
• To meet the obligations of private organizations with oversight over the University, such as accreditation organizations
• To protect the health, safety, or rights of you, other students, faculty, staff, and visitors

How We Share Your Personal Information—We may share your personal information with the following:

• Faculty and staff at Southwestern Adventist University in order to fulfill their responsibilities (for students only)
• Your lenders, funders, and/or other sponsors (for students only)
• Providers of any external program, such as study abroad programs, internships, and other collaborations
• Student clubs and related organizations
• Individuals or entities inquiring about your attendance or employment history
• Vendors who provide services to Southwestern Adventist University (for faculty and staff only, e.g., retirement planning).
• Governmental bodies as necessary for compliance with the law, with law enforcement authorities when necessary, and other third parties to enforce our legal rights
• Private organizations with oversight over the University, such as accreditation organizations

III. ALUMNI & OTHER SUPPORTERS—Personal Information We Collect: Southwestern Adventist University holds personal information related to its alumni and other supporters (such as donors, prospective donors, volunteers, and family members of students). If you are an alumni or other supporter, we may collect and use the following types of personal information about you:

• Academic information (e.g., major, transcript, degree)
• Biographical information (e.g., name, date of birth)
• Contact information (e.g., email address, phone number)
• Your activities at Southwestern Adventist University (e.g., club memberships)
• Family information (e.g., marital status, name of spouse)
• Financial information (e.g., history of donations, wealth information)
• Employment information

We collect data about alumni and other supporters from various sources, including directly from the individual (e.g., by your filling out a form on our website). We also retain information from your student records if you studied here. We also collect information from publicly available sources, such as social media.

How We Use Your Personal Information—Your personal information is used for the following purposes:

• Sending you informational publications
• Conducting surveys so that we can learn more about our alumni and other supporters
• Sending you information about fundraising campaigns, events, and volunteer opportunities that may be of interest to you
• For administrative purposes (e.g., processing donations, issuing a tax receipts, and managing events, such as reunions)
• For research and statistical purposes
• To publicly acknowledge gifts (with the consent of the donor)
• For compliance with legal obligations, to respond to subpoenas, court orders, or other legal process, and to enforce our agreements
• To prevent or investigate fraud or other unlawful activity, and to protect the security of Southwestern Adventist University’s property, website, and other systems
• To meet the obligations of private organizations with oversight over Southwestern Adventist University, such as accreditation organizations
• To protect the health, safety, or rights of you, other students, faculty, staff, and visitors

How We Share Your Personal Information—We share your personal information with the following:

• Southwestern Adventist University departments, clubs, and/or interest groups
• Other University alumni (limited contact information only)
• The Southwestern Adventist University Alumni Association, specific alumni clubs and organizations, and similar affiliates
• Vendors who provide services to Southwestern Adventist University
• Governmental bodies as necessary for compliance with the law, with law enforcement authorities when necessary, and other third parties to enforce our legal rights
• Private organizations with oversight over Southwestern Adventist University, such as accreditation organizations

IV. WEBSITE VISITORS—Personal Information We Collect: the Southwestern Adventist University website is an information system intended to present an integrated view of the University to prospective students, alumni, the members of the local community, and any other individual with an interest in the University. If you visit this site to view and/or download information or submit information to us, we may automatically collect the following types of personal information:

• The name of the domain from which you access the internet
• The date and time of your visit
• The page/s you visit
• Your computing platform

Some of this information may be collected through the use of cookies, which are text files that are placed on your hard disk by a web server, or similar technologies, such as web beacons. Some of these cookies are managed by third parties that we do not control, such as Google Analytics. You have the ability to accept or decline cookies by changing your browser settings. If you choose to decline cookies, some features on this website may not work properly. If you use our website to complete forms, use our applications, or submit information to us (such as through our alumni and supplier registration pages), we will collect the information that you provide to us, as well as related information such as your login ID. The Website contains links to third-party websites that are not owned or controlled by Southwestern Adventist University. Southwestern has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve Southwestern from any and all liability arising from your use of any third-party website. Accordingly, Southwestern encourages you to be aware when you leave the website and to read the terms and conditions and privacy policy of each of the websites you visit.

The data collected with cookies and similar technologies are used in the aggregate for purposes of analyzing site traffic, managing the site, and providing accountability regarding the usefulness of our work. If you provide us with information (such as through our alumni and supplier registration pages), we will use that information for the purposes described on the form or registration pages. We may also use your personal information for the following purposes:

• For compliance with legal obligations, to respond to subpoenas, court orders, or other legal processes, and to enforce our agreements
• To prevent or investigate fraud or other unlawful activity, and to protect the security of Southwestern Adventist University’s property, website, and other systems
• To meet the obligations of private organizations with oversight over Southwestern Adventist University, such as accreditation organizations
• To protect the health, safety, or rights of you, other students, faculty, staff, and visitors

How We Share Your Personal Information—Personal information collected automatically on this website is not disclosed to third parties unless the third party is an institutionally authorized provider of services to the University. Information collected through website forms is used as specified on the form or as otherwise described in this notice. This website may contain links to sites that are beyond our control. Southwestern Adventist University is not responsible for the privacy practices or content of these sites. Users of these services are subject to the privacy policies established by the third-party provider. 

V. KJRN PATRONS, DONORS, & OTHER SUPPORTERS—Personal Information We Collect: Southwestern Adventist University, through its on-campus radio station, KJRN, holds personal information related to its donors, patrons, and other supporters. If you are a supporter of the radio station, we may collect and use the following types of personal information about you:

• Biographical information (e.g., name, date of birth, ethnicity, sexual orientation, religious affiliation)
• Contact information (e.g., email address, phone number)
• Your involvement with Southwestern Adventist University through KJRN
• Family information (e.g., marital status, name of spouse)
• Financial information (e.g., history of donations, wealth information)
• Employment information

We collect data about our supporters from various sources, including directly from the individual, for example, by filling out a form on our website. We also collect information from publicly available sources, such as social media, and from third parties, such as companies that conduct wealth screening or other people that might know you and your philanthropic interests.

How We Use Your Personal Information—Your personal information is used for the following purposes:

• Sending you informational publications about the radio station, such as newsletters and emails
• Conducting surveys so that we can learn more about our supporters
• Sending you information about fundraising campaigns, events, and volunteer opportunities that may be of interest to you
• Conducting wealth analysis and research to understand your philanthropic interests and ability to give in order to ensure that our fundraising efforts are tailored to your interests
• For administrative purposes (e.g., processing donations and issuing a tax receipt, managing events, such as reunions)
• For research and statistical purposes
• To publicly acknowledge gifts (with the consent of the donor)
• For compliance with legal obligations, to respond to subpoenas, court orders, or other legal processes, and to enforce our agreements
• To prevent or investigate fraud or other unlawful activity, and to protect the security of Southwestern Adventist University’s property, website, and other systems

How We Share Your Personal Information—KJRN does not share your personal information with anyone or entity outside of KJRN with the exception of the following:

• Vendors who provide services to KJRN
• Governmental bodies as necessary for compliance with the law, with law enforcement authorities when necessary, and other third parties to enforce our legal rights

VI. TRANSFER OF INFORMATION TO THE UNITED STATES—Southwestern Adventist University is located in the United States. Information we collect from you will be processed by Southwestern Adventist University in the United States. Southwestern Adventist University may also transfer your personal information to third parties, including our vendors, as described in this notice that may be located outside of the European Economic Area (EEA). The United States has not sought nor received a finding of “adequacy” from the EEA, which means that the data protection laws in the United States may not offer you the same protections as in the country in which you are residing when the personal information is collected. With respect to transfers outside the EEA, Southwestern Adventist University generally relies on derogations for specific situations. In some circumstances, Southwestern Adventist University may enter into standard contractual clauses governing the import or export of personal information, or rely on your consent. In all cases, Southwestern Adventist University endeavors to apply suitable safeguards to protect the privacy and security of your personal information, particularly sensitive data, and to use it in a manner that is consistent with this Privacy Notice.

VII. RETENTION OF DATA—Southwestern Adventist University retains personal information about students and alumni indefinitely for the purpose of alumni relationships, academic record-keeping, and archiving purposes. Other personal information will be retained in accordance with applicable Southwestern Adventist University data retention policies.

VIII. COMMUNICATIONS FROM SOUTHWESTERN ADVENTIST UNIVERSITY—Southwestern Adventist University and the Southwestern Adventist University Alumni Association periodically send marketing communications to alumni, supporters, and other members of the Adventist community, such as newsletters, event invitations, and fundraising information. If you would like to request that Southwestern Adventist University or the Southwestern Adventist University Alumni Association limit or stop these marketing communications with you, please contact us at Privacy@swau.edu. If you request to be removed from our mailing lists, we will retain your contact information to ensure that we do not continue to contact you for these purposes. If applicable, we will also continue to process your personal information for other purposes consistent with this Privacy Notice.

IX. INDIVIDUAL RIGHTS If you are located in the EEA, you may have the following legal rights under applicable law with respect to the personal information processed by Southwestern Adventist University:

• To withdraw consent at any time, if we are processing your personal information on the basis of consent
• To access the information that Southwestern Adventist University has about you
• To request that Southwestern Adventist University rectify or erase your information
• To request that Southwestern Adventist University restrict the way it uses your information
• To object to the way Southwestern Adventist University uses your information
• To ask Southwestern Adventist University to transfer your information to someone else
• To lodge a complaint with a data protection authority in the EEA

Southwestern Adventist University’s ability or obligation to comply with your requests may be limited by applicable law. To request to exercise one of these rights, please contact us at Privacy@swau.edu. Changes to this Privacy Notice Southwestern Adventist University reserves the right to amend this Privacy Notice at any time, for any reason, without notice to you. Any changes will be published here, and you should check our website to access our current Privacy Notice. This Privacy Notice was last updated on March 5, 2019. Contact Information for the controller of the personal information described in this Privacy Notice is: Human Resources, 100 W. Hillcrest Street Keene, Texas 76059.

Skype for Business

This link can be used for making phone calls from your office phone number. Install on Windows, Mac, or Mobile Devices.

https://products.office.com/en-us/skype-for-business/download-app

 

Office 365 (OneDrive, Word, Excel, Webmail, PowerPoint, etc)

This is an online version of Microsoft Office for your students and yourself. If you need to work on a document from a non-campus owned device, or if your students need office. This is provided at no additional cost to all students and faculty. 

http://office.swau.edu

 

VPN for Mac OS users

If you are needing to access on-campus resources from a Mac, this will allow you to setup the VPN client on your Mac. 

1. Click Here or go to https://nextcloud.swau.edu/index.php/s/qXoQMD2RE3gmzY7
2. Click allow if prompted to the download
3. Click Continue to "Are you sure you want to install "VPN Setup"
4. Click Continue again to "This profile's authorship cannot be verified"
5. Provide your Username and click Install
6. Click Install again
7. Provide an Administrator system login to install the profile
8. OPTIONAL:
   • If you would like easy access to the VPN, go to System Preferences
   • Select Network
   • Scroll down to SWAU and select it
   • Select "Show VPN status in menu bar," which will give you an easy-to-use icon on the top bar to activate the VPN

 

Zoom

This can be used to do remote meetings for your students, and for classes. For classes, reach out to IT, and we will generate a link you can send to all students or put in canvas. Zoom has temporarily lifted the 40-minute limit for all EDU accounts in the free version. Here is the link: https://zoom.us/download.

How to configure your SWAU VPN

If you are an authorized user for SWAU VPN, you can download or configure your VPN using the following settings. 

Windows

Coming Soon

Mac OS 

1. Click Here or go to https://nextcloud.swau.edu/index.php/s/qXoQMD2RE3gmzY7
2. Click allow if prompted to the download
3. Click Continue to "Are you sure you want to install "VPN Setup"
4. Click Continue again to "This profile's authorship cannot be verified"
5. Provide your Username and click Install
6. Click Install again
7. Provide a system login to install the profile
8. OPTIONAL:
   • If you would like easy access to the VPN, go to System Preferences
   • Select Network
   • Scroll down to SWAU and select it
   • Select "Show VPN status in menu bar," which will give an easy-to-use icon on the top bar to activate the VPN

iOS

Click Here or go to https://nextcloud.swau.edu/index.php/s/qXoQMD2RE3gmzY7

Android

Coming Soon