Every user of PC technology that is the property of HSN must accept the usage regulations. Students receive a corresponding application for the use of PC technology at the Study Service Center. The applicable usage regulations are acknowledged by signature. With this application and a corresponding legitimation (copy of the student ID), an account will be set up for the applicant.
Registered users of the library are entitled to use the resources of the IV infrastructure available there for a specific purpose without having to apply for this separately.
Regulations for the Use of the Information Processing Infrastructure of Nordhausen University of Applied Sciences
In accordance with § 5 Para. 1 in conjunction with § 79 Para. 2 Sentence 1 No. 1 and § 132c Para. 1 of the Thuringian Higher Education Act (ThürHG) in the version of 09 June 1999 (GVBl. p. 331) last amended by Art. 2 of the Act of 19 December 2000 (GVBl. p. 416) and § 8 Para. 1 of the provisional basic regulations of Nordhausen University of Applied Sciences, Nordhausen University of Applied Sciences issues the following regulations for the use of the information processing infrastructure of Nordhausen University of Applied Sciences.
The provisional university council has decided the order in its meeting on 06.06.2001. The Thuringian Ministry for Science, Research and Art was notified of the regulations on 03.07.2001.
§ 1 - Basic principles
§ 2 - Equality Clause
§ 3 - Rights of Use
§ 4 - Application Procedure
§ 5 - Admission
§ 6 - Duties of the users
§ 7 - Rights of the persons responsible for the system of the FHN
§ 8 - Withdrawal of admission
§ 9 - Liability of the user
§ 10 - Liability of the FHN
§ 11 - Entry into force
§ 1 - Basic
(1) In the following text, Nordhausen University of Applied Sciences is referred to as "FHN" for the sake of brevity, and the information processing infrastructure as "IV infrastructure".
(2) IV-Infrastructure in the sense of these user regulations means all information processing systems (workstation computers, pool computers, central and local servers, peripheral devices, the data communication network itself as well as the provided software) and their components which are the property of FHN or the Free State of Thuringia, respectively, or which have been made available to FHN via contractual ties.
§ 2 - Equality clause
Status and function designations in these regulations apply in both the masculine and feminine form.
§ 3 - Rights of use
(1) The members and affiliates of the FHN have the right to use the hardware and software, the internal data communication network of the FHN as well as the Internet for the fulfillment of study tasks or service tasks in research, teaching and administration as well as for central services, taking into account the intended purpose. Uses with other objectives may be permitted if they are minor and the actual purpose of the IV infrastructure as well as the interests of other users are not impaired.
(2) Persons of other universities of applied sciences, universities or institutions of the public service of the Free State of Thuringia may be admitted as users, provided that the intended purpose of the IV infrastructure of the FHN is not significantly impaired thereby.
(3) Use of the IV infrastructure of the FHN by or for persons or companies or institutions other than those named in paragraphs 1 and 2 can only be permitted in exceptional cases.
(4) Registered users of the library are entitled to use the resources of the IV infrastructure available there for a specific purpose without having to apply for this separately.
§ 4 - Application procedure
(1) The application for the use of the IV infrastructure is made at the Study Service Center. Members and affiliates of the institution must prove their identity in a suitable manner; students must present their certificate of enrollment or proof of re-registration for their studies.
(2) Applicants in accordance with § 3 Para. 2 shall submit a detailed application for use in writing to the Prorector for Research. This application must contain the content-related objective of the use, the requested duration of the admission, the desired services and the persons to be admitted. The same applies to applicants according to § 3 para. 3.
(3) Within the scope of the application, the applicant has to declare on record that he/she has taken note of the applicable usage regulations for the IV infrastructure and further regulations of the FHN issued according to § 1 para. 3, as well as the applicable regulations on data protection, acknowledges them and will act on this basis. Library users make the aforementioned declaration on record within the admission procedure for library use.
§ 5 - Admission
(1) The admission to use the IV infrastructure of the FHN for the group of persons mentioned in § 3 para. 2 and 3 shall be granted by the Prorector for Research in consultation with the Head of the Media Center within the scope of the available capacities.
(2) The admission is personal and may not be transferred to other persons. After admission, the users receive a confirmation of admission for the corresponding resources with the individual user IDs in an appropriate form.
(3) Admission may be denied if prerequisites for the application are not fulfilled or if this is necessary with regard to the intended purpose and the degree of utilization of the available resources of the IV infrastructure of FHN.
(4) Restrictions or a revocation of this admission can take place subsequently if the information leading to the admission is no longer applicable or if this is necessary with regard to the intended purpose and the degree of utilization of the available IV infrastructure. This shall not affect the exclusion from use pursuant to § 8.
(5) The admission of FHN employees expires automatically with the end of the employment relationship or on the basis of a corresponding written application of the employee to the Study Service Center. Irrespective of this, the admission for the use of local systems may end at an earlier point in time. Students' authorization to use local systems ends upon exmatriculation. Applicants according to § 3 paras. 2 and 3 receive a time-limited admission upon approval of the application; para. 4 applies.
(6) Upon termination of the admission, all rights to use the IV infrastructure shall expire. Data and programs stored in the individually assigned storage rooms in systems of the IV infrastructure can be deleted by the system administrators (employees of the media center) after expiration of the admission.
§ 6 - Duties of the users
The users are obliged :
1. to immediately inform the Prorector for Research of such changes that affect the conditions of admission.
2. to follow the applicable legal regulations, the present regulations for use as well as further regulations for the use of central and local resources of the FHN. In particular, uses that involve criminal, terrorist, racist, discriminatory, defamatory, pornographic goals or propaganda for anti-constitutional organizations or otherwise violate criminal laws are not permitted.
3. to treat the devices, equipment, literature, documentation and data carriers carefully and gently and not to make any technical interventions or changes to the hardware.
4. to observe that software provided by FHN (programs, data, documentation) may only be copied if there are no legal grounds against this. Modification or deletion of this provided software is prohibited. The transfer of such software to third parties is also not permitted. The use of own data carriers and own software or software modules is only permitted after prior approval by the head of the media center.
5. to adhere to the plans for the scheduled times of use of the PC laboratories and to follow the instructions of the supervisors in the public rooms of the IV infrastructure.
6. to observe the principles of economy and thrift and to pay the locally determined fees for consumables, etc.
7. to report malfunctions, damage and errors in computer systems and other technical equipment without delay.
8. to prevent access to user identifications (especially passwords) by third parties, to change passwords at reasonable intervals and to observe the recommendations for the design of secure individual passwords. The user bears full responsibility for all actions performed on and with the IV infrastructure under his user ID, even if these actions are performed by third parties who are intentionally or negligently given access to their own user ID. Users are not allowed to gain access to, spy on, use, delete, copy, pass on or change system files, system software, third party user data or third party user IDs for any reason whatsoever without written permission.
9. to apply in writing to the data protection officer of the FHN for the storage of personal data in the sense of the applicable data protection laws on workplace computers or servers of the FHN. The head of the media center is to be informed about the name and location of the relevant files.
10. to individually back up self-developed programs and data in a suitable manner, independent of backup measures taken by the system managers, so that damage due to unintentional overwriting, technical malfunctions, loss or damage is largely avoided.
11. to return user cards, borrowed documentation, hardware or software licenses, which may also not be passed on to third parties, to the head of the media center immediately after expiration of the user authorization without being requested to do so.
12. to bear the transmission costs in public telephone or data networks incurred by access to the data communication network from home workstations, Internet workstations, or from authorized companies or institutions, unless the assumption of costs has been assured in writing by the FHN. Costs arising from the use of service offers outside of FHN are also to be borne by the user, unless the assumption of costs by FHN has been expressly assured in writing.
13. to immediately comply with documentation obligations that are prescribed by law or determined by FHN.
§ 7 - Rights of the system managers of the FHN
The system administrators (employees of the media center) of the IV infrastructure of the FHN are authorized :
1. to use the data of the users collected with the admission for internal, administrative tasks of the institution in compliance with the data protection laws.
2. to publish the e-mail addresses and names of the users for third parties via information systems after consultation with the latter, unless this is expressly prohibited by the user.
3. to check and log data traffic, including e-mail traffic, in the data network for the performance of network management tasks and the uses of central systems, insofar as this is necessary.
4. to initiate a comprehensive review of the content of the use of the IV infrastructure and its components in the event of urgent suspicion of a violation of these usage regulations and legal provisions. Applicable data protection regulations remain unaffected.
§ 8 - Withdrawal of approval
(1) In case of violation of provisions according to § 6 or violation of further regulations for the use of individual components according to § 1 para. 3 of these regulations, a warning may be issued or the approval may be temporarily or permanently restricted or withdrawn. A temporary or permanent restriction or withdrawal shall only take place after a previous unsuccessful warning. The person concerned shall be given the opportunity to make an oral or written statement. In any case, he or she shall be given the opportunity to secure his or her data, provided there are no reasons under criminal law to the contrary.
(2) A permanent restriction of use or the complete exclusion of a user from use can only be considered in the case of serious or repeated violations, if proper behavior cannot be expected in the future.
(3) In the case of FHN students, the head of the media center makes the decision about the warning. In all other cases, the Prorector for Research makes the decision on the warning, restriction or withdrawal of admission.
(4) If a timely decision according to para. 1 is not possible, the admission can be temporarily withdrawn immediately. The decision shall be made by the Head of the Media Center. In this case, the Prorector for Research shall be informed immediately and comprehensively.
(5) The withdrawal of admission does not affect the user's obligations arising from the usage relationship as defined in these usage regulations.
(6) In the event of withdrawal of admission, users shall not be entitled to compensation for any damage incurred by them as a result of the withdrawal of admission.
(7) An objection against the withdrawal of admission according to para. 1 can be filed with the rector of the FHN.
§ 9 - Liability of the user
(1) The user is liable for all disadvantages incurred by the FHN due to misuse or illegal use of the IV infrastructure and usage authorization or due to the fact that the user intentionally or negligently does not comply with his obligations arising from these usage regulations or the further regulations issued according to § 1 para. 3.
(2) 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/her, if he/she is responsible for this third party use, in particular in the case of passing on his/her user ID to third parties.
(3) The user shall indemnify the university against all claims if the university is sued for damages, injunctive relief or otherwise by third parties due to misuse or unlawful conduct by the user. The university will notify the user of the dispute if third parties take legal action against the media center.
§ 10 - Liability of the FHN
(1) FHN does not guarantee that the system runs error-free and without interruption at any time. Possible data losses due to technical malfunctions as well as the knowledge of confidential data by unauthorized access of third parties cannot be excluded by FHN. Furthermore, FHN does not assume any liability for the results of computer use.
(2) FHN assumes no responsibility for the correctness of the programs provided. The FHN is also not liable for the content, in particular for the correctness, completeness and topicality of the information to which it merely provides access for use.
(3) In all other respects, the FHN shall only be liable in the event of intent and gross negligence on the part of its employees.
(4) Possible public liability claims against the FHN remain unaffected by the above regulations.
§ 11 - Entry into force
These framework regulations come into force on the first day of the month following their announcement. At the same time, the Regulations for the Use of the Information Processing Infrastructure of Nordhausen University of Applied Sciences of 31.08.2001 shall expire.
Nordhausen, October 17, 2001
Prof. Dr. Christian Juckenack Rector