Terms of use of OTH Amberg-Weiden

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Terms of use of the computer center
General Information on the Use of the Information and Communication (ICT) Infrastructure of the OTH Amberg-Weiden

§ 1 Preamble
The Computer Center of the Amberg-Weiden University of Applied Sciences has the mission to provide all members of the university with access to suitable information and communication systems and to ensure their operation and use. For this purpose, the two locations Amberg and Weiden have a wide range of data processing equipment (computers), communication systems (networks) and other auxiliary equipment for information processing, including integration into the German academic network and thus into the worldwide Internet, which is geared to the special needs of the courses of study offered here.

The usage regulations aim at ensuring a smooth operation of all systems. Due to the low staffing level of the OTH, it is essential that all users comply with the usage regulations. Violations of the usage regulations, whether due to thoughtlessness, carelessness or even intent, will result in increased administrative expenses and will be charged to all users, and will have the consequences regulated in § 9.

§ 2 Scope of application
These usage regulations apply to the use of the information and communication infrastructure of the Amberg-Weiden University of Applied Sciences, which are under the control of the central computer center of the university.

§ 3 Entitled group of persons
Every member and every institution of the Amberg-Weiden University of Applied Sciences (students, professors, administration, library and other employees) is entitled to use the facilities.
In addition, other persons and institutions may be permitted to use the facilities upon request.

§ 4 Admission to use and scope of use
Admission to use the facilities and services of the central computer center is granted by issuing a usage permit. This is issued by the computer center in writing upon application by the user (see application for use in the appendix).

The permission is granted exclusively for educational and scientific purposes in research, teaching and studies as well as for purposes of the library, university administration, education and further education and for the fulfillment of other tasks of the university. A use deviating from this can be permitted if it is minor and the purpose of the university computer center as well as the interests of other users are not impaired.

§ 5 Rights and duties of the users
(1) Rights
Persons authorized to use the information and communication systems provided by the Computer Center (users) have the right to use them within the scope of their authorization and in accordance with these usage regulations and, if applicable, laboratory-specific regulations.
Any use deviating from this, in particular for commercial purposes, requires separate approval by the university management.

(2) General Duties
The user is obliged to ensure that he/she uses the available operating resources (workstations, CPU capacity, disk storage space, line capacities, peripheral devices and consumables) responsibly and economically. The user is obligated to refrain from impairments of the operation, as far as they are foreseeable, and to avoid everything to the best of his knowledge that could cause damage to the I&C infrastructure or to other users. If computers and networks of other operators are shared, their usage and access guidelines must be observed.
Violations may result in claims for damages as well as exclusion from use (§ 7).

(3) Handling of user IDs
The user shall refrain from any kind of misuse of the ICT infrastructure. In particular, he/she is obliged

    to work exclusively with user IDs which he/she has been authorized to use; the disclosure of IDs and passwords is generally not permitted;
    to protect access to the ICT resources by means of a password to be kept secret or an equivalent procedure;
    to take precautions to prevent unauthorized third parties from accessing the ICT resources. The user bears full responsibility for all actions performed under his user ID, even if these actions are performed by third parties to whom he has at least negligently given access;
    neither to determine nor to use third party user IDs and passwords;
    not to gain unauthorized access to information of other users and not to pass on, use or change information of other users which has become known without permission.

(4) Software use
The user is furthermore obliged

    to comply with the legal regulations (copyright protection, copyright) when using software (sources, objects), documentation and other data;
    to inform himself/herself about the conditions under which the software, documentations or data, partly acquired within the framework of license agreements, are made available and to observe these conditions;
    in particular, not to copy or pass on software, documentation and data, unless expressly permitted, nor to use them for purposes other than those permitted, in particular not for commercial purposes.

Violations may result in claims for damages as well as exclusion from use (§ 7).

(5) System configuration
Without the consent of the responsible system operator at the Amberg and Weiden sites, the user is prohibited from

    to interfere with the hardware installation,
    change the configuration of the operating systems or the network,
    to install software independently.

(6) Offences
It is expressly pointed out that the following circumstances constitute criminal offences:

    Spying out data (§ 202a StGB),
    unauthorized alteration, deletion, suppression or rendering unusable of data (§ 303a StGB),
    computer sabotage (§ 303b StGB) and computer fraud (§ 263a StGB),
    Dissemination of propaganda material of unconstitutional organizations (§ 86 StGB) and incitement of the people (§ 130 StGB),
    Dissemination of pornographic images (Section 184 (3) of the Criminal Code), in particular downloading or possession of child pornography (Section 184 (5) of the Criminal Code),
    Honor crimes such as insult or defamation (§ 185 ff StGB),
    Criminal copyright infringements, e.g. by copying software in violation of copyright law (§ 106 ff, UrhG).

§ 6 Rights and Duties of the Computer Center
The University Computer Center shall maintain documentation on the usage rights granted.
The university computer center shall announce the contact persons for the support of its users.
The University Computer Center shall carry out regular data backups on the server. However, it is expressly pointed out that no guarantee is given for the existence of user data! This also applies to stored mails! Therefore, important data should always be backed up on diskette.

The university computer center contributes in an appropriate way, especially in the form of regular sp

The System Operator is entitled to

    to regularly check the security of the system and passwords with suitable software tools in order to protect its resources and the users' data from attacks by third parties;
    to document and evaluate the activities of the users (e.g. by means of the login times or the connection data in the network traffic), insofar as this serves the purposes of billing, resource planning, monitoring of the operation or the prosecution of error cases and violations of the usage guidelines as well as legal regulations;
    to inspect user files in compliance with the dual control principle and the obligation to keep records, insofar as this is necessary to maintain proper operation or, in the case of suspected misuse (e.g. criminal dissemination or storage of information), to prevent such misuse;
    if the suspicion of criminal acts is substantiated, to use evidence-protection measures if necessary.

The system operator is obliged to maintain confidentiality.

The system operator is obligated to comply with the usage and access guidelines of other operators when communicating with their computers and networks.

§ 7 Liability of the user
The user is liable for all disadvantages incurred by the university due to misuse or illegal use of the DP resources and user authorization or due to the fact that the user culpably fails to comply with his obligations arising from these usage regulations.

The user is also liable for damages caused by third party use within the scope of the access and use options made available to him, if he is responsible for this third party use, in particular in the case of passing on his user ID to third parties. In this case, the university may charge the user a fee for third-party use in accordance with the fee regulations.

The user shall indemnify the university against all claims if a third party asserts a claim for damages, injunctive relief or otherwise against the university due to the user's abusive or illegal conduct. The university will declare the dispute to the user if third parties take legal action against the computer center.

§ 8 Liability of the System Operator / Exclusion of Liability
The system operator does not guarantee that the system functions will meet the user's specific requirements or that the system will run error-free and without interruption. The system operator cannot guarantee the integrity (regarding destruction, manipulation) and confidentiality of the data stored with him.

The system operator is not liable for damages of any kind incurred by the user from the use of the information and communication resources according to § 2, unless otherwise stipulated by law.

§ 9 Consequences of improper or illegal use
In the event of violations of statutory provisions or of the provisions of these usage guidelines, in particular of § 5 (Rights and Obligations of the User), the system operator may restrict or completely withdraw the usage authorization. It is irrelevant whether the violation resulted in material damage or not.

In the event of serious or repeated violations, a user may be permanently excluded from the use of all ICT resources pursuant to § 2.

In the case of unauthorized access ("hacker attacks") to computers of the university, this is an impairment or obstruction of the intended operation of an institution of higher education within the meaning of Article 93, Paragraph 1, No. 1 of the Bavarian Higher Education Act. This may result in the revocation of enrollment pursuant to Article 93 (2) No. 2 of the Bavarian Higher Education Act.

Notwithstanding the decisions, criminal action and civil claims will be investigated by the Chancellor of Amberg-Weiden University. The system administrator is obligated to notify the Chancellor of the Amberg-Weiden University of Applied Sciences of any circumstances that appear to be significant in terms of criminal law and civil law, who will examine and, if necessary, initiate appropriate further steps.

§ 10 Other regulations
Fees for the use of information and communication resources may be specified in separate regulations.

If necessary, supplementary or deviating usage regulations may be established for specific systems.

§ 11 Supplementary Clause
The invalidity of an individual provision shall not affect the validity of the usage regulations as a whole.

§ 12 Entry into force
These usage regulations come into force on 15.03.2000.
Amberg, 02.02.2000

Prof. Dr. Andrea Klug

Ludwig von Stern

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