Studierbar:Terms of use

aus Studierbar, dem Studierendenserver der Fachhochschule Dortmund

Terms of Use for the internet server of the student body of the Fachhochschule Dortmund

Preamble

In cooperation with the university administration of the Fachhochschule Dortmund the student body operates an internet server. The terms of use regulate the terms under which the services offered by the student body may be used by the students.

§1 Area of Application

The terms of use are applied upon the internet server of the student body run by the student body (further referred to as the system operators) and also applies to all information and communication offers dependent on it.

§2 User Authorization

According to §1 only students of the Fachhochschule Dortmund (further referred to as: Users) are authorized to use the IuK.

§3 Legal Regulations

The offers supplied by the student body may only be used in the intended legal way. According to the criminal legal code, all of the following are prohibited:

1. Unauthorized collection of data (§202a StGB);
2. Unauthorized modification, deleting, suppressing and/or destruction of data (§303a StGB);
3. Computer sabotage (§303b StGB) and computer fraud (263a StGB);
4. The distribution of propaganda material from illegal organizations (§86 StGB) or racist ideas (§184 Abs.3 StGB);
5. The distribution of certain kinds of pornography via the net (§184 Abs.3 StGB);
6. Download or possession of any documents with child pornography (§184 Abs.5 StGB);
7. Defamation of character, namely libel and/or slander (§185 ff StGB), degrading statements about someone’s convictions, religious beliefs or worldview (§166 StGB);
8. Copyright violations, for example by copying protected software or loading protected data into the „DV-Anlage“ (§106 ff. UrhG)

§4 Rights and Duties of the Users

1. The User shall not intentionally damage the network and shall avoid doing anything that could damage the IuK-infrastructure or other Users. Violation may lead to fines or other penalties (§7).
2. The User is not allowed to use the IuK-infrastructure in any way other outside the recommended guidelines. Users are required to:
   1. Use only their individually assigned User-Name and password; it is never allowed to give out any sign in information (User-name/password) to third parties.
   2. To protect the Username/password for the IuK-resources as much as possible, for example by using a secret password or similar procedure.
   3. To take measures to avoid the use of the IuK- resources by third parties; this means in particular changing passwords regularly, avoiding easily guessable passwords and to always log out when leaving the system;
   4. Never transfer or use the User information or password belonging to another User;
   5. Not to gather information on other Users unauthorized and not to give out, use or alter information of other Users that is known without permission.
3. The User is totally responsible for all actions which are carried out using his/her sign-in information. The User is also fully responsible for all actions which are carried out under his sign-in information even if those actions have been carried out by a third party who acquired the information through means of negligent action by the User. The User is further required to:
   1. Keep all legal copyright standard when using software, documents and other data.
   2. To be informed about the conditions (partly licensed agreements) under which the software, documentations and data are allowed to be used and use them in accordance with these conditions.
   3. To never copy, give out or use the software, documentation and data in any other way then the intended – especially not for commercial purposes. Violation can lead to fines or other penalties (§8).
4. The User is required to announce and confirm any action using personal data with the system administrator first. The standard procedure suggested by the administrator then must be applied.
5. The User is required to:
   1. Follow system provider’s guidelines (for example the terms of use of the DVZ) must be followed at all times.
   2. Follow the guidelines of other providers when using them via the computers and networks ( also look at "DFN-terms of use);
   3. Allow the responsible system administrator access to programs and methods used when requested on a case by case basis – especially in cases of strong evidence of a violation and in order to correct system malfunctions. These regulations do not extend to User data because those are protected under the data protection act, for example personal files or personals data of third parties.
   4. Inform themselves about the specific system technical regulations and conditions before installing software and follow the rules as stated.
6. The User as a supplier of WWW-information:
   1. Is responsible for all content on his WWW-sites;
   2. Has to give correct information in the imprint (impressum) of each WWW-site.
7. Liability of the User
   1. The User is liable for all disservices to the student body and also the Fachhochschule Dortmund resulting from illegal or unauthorized use of the DV-resources and terms of use and for damage caused by dereliction of duties as stated in the terms of use.
   2. The User is further liable for damage caused by third parties using his sign-in information, especially in cases of him intentionally giving out his sign-in information.
   3. The User shall free the student body of all responsibilities and penalties resulting from third party actions to hold the student body liable for damages caused by illegal acts performed by the User.

§5 Responsibilities and rights of the system operators

1. The system operator is allowed to keep a User file with all the personal data gathered for User authorization. An overview of the saved information must be available for every User. The forms filled out for the User authorization have to be kept for two years longer than the account is valid.
2. The system operators shall publish the system administrators responsible for looking after their system. The system operators and the ones responsible for the system are required to keep the data secret.
3. If necessary in order to correct system errors, for purposes of system administration and extension and for system security reasons as well as to protect the personal User data the system operators can limit its resources or even shut down individual User authorization temporarily. If possible the affected Users shall be informed immediately.
4. If there is evidence indicating that a User is making data with illegal content available on the server of the system operators, the system operator can shut down the account until the case is cleared.
5. The system operator is allowed to check the security of the User passwords and User data using regular manual and automated means and to apply security measures, for example changing easy to crack or old passwords, if necessary in order to protect the DV-resources and User data from illegal access by third parties. If different passwords for User authorization for User data or other User relevant security measures are necessary the User is to be informed immediately.
6. The system operators are allowed to document and evaluate the use of the data processing systems by the single Users as far as necessary and only for the following reasons:
   1. To guarantee the working order of system operations,
   2. To plan resources and to administer,
   3. To protect the personal data of other Users,
   4. To recognize and resolve problems as well as
   5. To investigate and prevent illegal or abusive use.
7. The system operator keeps a chart available for every User concerning the data collected for those purposes.
8. For the purposes listed under number 6 the system operator is allowed to look into the User files, as far as necessary to erase current errors or to investigate and disable violations of the terms of use if the evidence is convincing. The data secrecy and the 4-eyes-principle have to be kept. Looking into the message and e-mail boxes is only allowed as it is necessary to erase ongoing errors in the message system. In any case the access of e-mail boxes must be recorded properly and the User must be informed as soon as the purpose of the insight is fulfilled. Regarding illegal activities the system operator in cooperation with the university administration and the authorities will take the necessary actions to preserve evidence.
9. System operators, which allow their Users to generate independent homepages published on the internet are allowed to automatically add an Imprint (impressum) to those pages which show the full name and e-mail address of the author. The protocol of the connections (for example access to the data of www-server) is not allowed to contain personalized data.
10. The system operator does not act as telecommunication provider in the sense of the TKG. According to the law, the system operator is required to maintain data secrecy.

§6 Reliability of the system operators / exclusion of compensation payments

1. The system operator does not guarantee the system capacity to fit the special requirements of each User neither that the system runs without flaws or crashes. The system operator cannot guarantee the invincibility (regarding deletion or manipulation) of the data saved in the system.
2. The system operator is not liable for damage no matter what kind, which occurs to the User by using the IuK-resources according to §1, if the legal regulations do not state otherwise.

§7 Consequences of the illegal or abusive use

Because of violations of the regulations or of the terms of use especially §4 (rights and responsibilities of the User) the system provider can limit the User authorization. It does not matter in this case if the violation caused capital damage or not. Sanctions like limiting or taking away User authorization will only be authorized by the head of the facility, after unsuccessfully reminding the User to change his actions. The User in question will have time to make an official statement.