2.5) Acceptable Use Policy (AUP)

Acceptable Use Policy

This acceptable use policy (the "AUP") applies to the use of the Aerial Experimentation and Research Platform for Advanced Wireless ("AERPAW" or the "Platform"). AERPAW is a testbed that is designed to allow researchers from academia, industry, and government to experiment with wireless and mobile network protocols and technologies with a focus of aerial wireless experiments. 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 AERPAW administrators may terminate access to the Platform for any individuals or organizations who violate any of these terms; whose use of the Platform, in the sole judgment of the AERPAW administrators, poses a threat to AERPAW's access to or right to use licensed or unlicensed spectrum or the safety, security, or integrity of the Platform, other Users, or any third parties; or for any reason or no reason, at any time.

User agreement

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 AERPAW 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, as well as the terms and conditions that AERPAW is required to comply with in regard to any third parties insofar as they are provided to me by AERPAW, and to abide by them in my use of the Platform. These terms and requirements include the licensing agreements of the software including OpenAirInterface, srsLTE, and GNURadio. 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 AERPAW is subject to.

I represent and warrant that (a) I am not located and will not use the Platform in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) neither I, nor my employer, are listed on any U.S. Government list of prohibited or restricted Parties including the Department of Treasury's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. 

In addition, I will not use the Platform for any purpose other than a 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, or U.S. export control laws;

• 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 North Carolina State University, 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;

• Any use that is in contravention of the limitations on the use of spectrum used by AERPAW that is contrary to any applicable law, regulation, or contractual limitation on the use of spectrum by the AERPAW Platform.

Privacy

I understand that AERPAW administrators may collect and use 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 permitted or required by applicable law. To the extent permitted by applicable law, including laws related to access to public records, AERPAW Administrators will employ reasonable safeguards to protect the identities of Users and the confidentiality of their data. AERPAW administrators may attempt to provide isolated computer 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 to 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. AERPAW 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.

Data Storage 

AERPAW does not provide guarantees with respect to the reliability of the storage it provides;  it is Users' responsibility to make copies of data that is important to them.

Other Circumstances

The AERPAW administrators reserve 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.

Consequences

In addition to the other consequences described herein, violation of this AUP may result in any or all of the following:

• shutting down a User's access to AERPAW;

• shutting down a User's access to the radio frequencies used by AERPAW;

• 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; and/or

• referral to applicable law enforcement authorities.

Limitation of Liability

The Platform is an experimental platform offered for research purposes only. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORTH CAROLINA STATE      UNIVERSITY (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 AERPAW NOC (aerpaw-contact@ncsu.edu). Portions of this AUP document are adopted from POWDER Wireless AUP available at https://powderwireless.net/aup.