for the communication network of the University of Konstanz
The present regulations manage the utilisation of information and telecommunication services provided by the University of Konstanz' communication network. It complements the Administrative and Utilisation Regulations for the ITSC (AUR) and the Network Operation Regulation for the University of Konstanz' communication network (NOR). The regulations are also to be followed in third party contracts. In addition, general terms, in particular of the Information and Communication Services Law apply.
Services, in terms of the present regulation, are activities conducing telecommunication as well as data and information provision and utilisation within the network. The Vice Chancellor may make further arrangements for particular services.
2 Service Providers
2.1 Service Providers are the IT Service Centre, which operates the CampusNetwork and provides centralised resources and services, and other institutions of the University of Konstanz, which provide decentralised resources and services. Every Service Provider appoints a responsible coordinator.
2.2 According to and within the limits of the following regulations, the Service Providers reserve the right to record and analyse utilisation of data processing systems by individual users, if it is necessary for
- guarantee of orderly system operation,
- allocation of resources and administration of systems,
- protection of other users' personal data,
- billing purposes,
- identification and clearance of failures as well as
- investigation and prevention of illegal or abusive utilisation.
2.3 Under the conditions mentioned in 2.2 and within the limits of data discretion, service providers have the right to access user files if necessary for clearance of ongoing failures or for investigation and prevention of misuse, if actual evidence is given. Access to messages and email inboxes is legal only if it is absolutely necessary for the clearance of ongoing failures within the message service. In either case, access has to be recorded and the affected user must be informed as soon as the task is accomplished.
3 Service Users
3.1 All members of the university (§6 UG)(university law) may use the network for their purposes in the area of research, education, administration, study and other duties according to §3 UG. Utilisation for other purposes is allowed only on a limited scale and must not interfere with the orderly purposes of the network. Utilisation for private commercial purposes is not allowed.
3.2 Other persons and institutions may be approved by the Vice Chancellor for scientific purposes or for fulfilment of duties of the state's universities, as long as the interests of the users mentioned before are not affected. The same applies for utilisation of the network by university members for the purpose of secondary employment.
3.3 Network utilisation for other purposes than the ones mentioned in 3.1 and 3.2 must be approved by the Vice Chancellor.
4 Use of Services
4.1 The Service Providers inform the service users of form and extent of the services, regulate access and make decisions on extent of usage.
4.2 Service users are obligated to regulate their data traffic in a way that other users' data traffic is not affected. The same applies in turn to providers of services. To ensure operational capability of the network, the transfer of large amounts of data may be limited by the network operator concerning capacity and time.
4.3 Usage of the provided services depends on the capacity of servers and network. University members have priority. Service providers are obligated to ensure the university member's priority by adequate measures.
4.4 Service users and in particular service providers are responsible for the protection of data privacy and integrity, as well as for the security of other users' or providers' information processing systems. To this end they are obligated to use any means necessary and - within the limits of the budget - state of the art technology. The ITSC may take the adequate and required measures itself to ensure network security.
4.5 The use of fake identities is forbidden, as well as spying, recording or changing of other users' data. It is illegal to disrupt or disturb other users' communication.
4.6 Network utilisation may be limited and charged for, if the necessary legal basis and technical conditions are met.
5 Information Providers
5.1 The Vice Chancellor regulates the structure of information provision in form and content, within the limits of his/her rights to represent the university and for the purpose of a consistent appearance, by appropriate regulations (publication codex), Any information provided on the university's network must name the author, in case of institutions name the authorised representative. Providers are obligated to follow the publication codex.
5.2 In case of doubt, the Vice Chancellor is to decide upon the approval of information provision.
5.3 The central information service for official information consists of the following information providers:
- The Vice Chancellor and further university committees (§ 11 UG)
- the faculties and their work groups
- the university's institutions
- the students' union executive committee (AStA) and student councils (Fachschaften)
The above mentioned are entitled to information provision only within the limits of their assignments in science, education, service and administration as well as in further education and technology transfer. The students' union executive committee's and the student councils' assignments are defined by university law.
5.4 Further information may be provided by
- members of the university
- the students' union executive committee (AStA) and student councils (Fachschaften)
- other persons and institutions with approval by the Vice Chancellor.
6.1 The Information Providers are responsible for the provided information.
6.2 Apart from the above mentioned, the Vice Chancellor, the Deans and the according the Heads of the university's institutions are - within the limits of their supervision - responsible for the information provided in their jurisdiction.
6.3 Information providers are obligated to follow applicable laws, in particular the provisions of the Teleservices Act, the Criminal Code, the Protection of Minors in Media Act, the Competition Protection Act as well as the Data Protection Act, the Right of Publicity, the Press Law, the Copyright Act and, where required, provisions of end user agreements for certain software packages or database programmes.
6.4 The purposeful provision or sharing of information with criminal content or the storage of such information for the purpose of provision or sharing is strictly forbidden. The same applies for links to such information.
7.1 The user is liable within the limits of statutory provisions and labour law provisions for all culpably caused damages resulting from breaches of the present utilisation regulations. Within the limits of this liability the user is obligated to keep the university free of third party claims for damages.
7.2 The university does not guarantee an error-free and at any time non-stop operation of the system. Potential data losses resulting from technical failures as well as unauthorised access to private data cannot be ruled out.
7.3 The university is not responsible for the functionality of provided programmes. In addition, the university is not liable for any content, in particular the correctness, completeness and actuality of contents to which the university only mediates access to.
7.4 Above all, the university is only liable in case of malicious intent and gross negligence of its staff, unless a culpable breach of cardinal duties is at hand. In such a case the university's liability is limited to typical damages, foreseeable at the time of contact conclusion, unless intentional and gross negligence is at hand.
8 Coordination and regulation in conflict situations
8.1 The Vice Chancellor or a person appointed as deputy by the Vice Chancellor may periodically claim reports of the Service Providers, to ensure that services are provided in a manner economically reasonable and justifiable for the whole university.
8.2 Within the limits of his responsibility, the Vice Chancellor may order the blocking or deletion of improper entries.
8.3 University members who disturb network operation intentionally or with gross negligence may face regulatory instruments according to §98 UG.
8.4 In any case of breach of the present regulation, the Vice Chancellor may order adequate, reasonable and required measures, in particular warning, blocking and temporary or permanent exclusion. Furthermore compensation for arising costs may be claimed, as well as compensation for damages. The person concerned is to be provided with the opportunity to comment on the matter and save his/her data. Members of the university may be excluded permanently from further utilisation only in case of serious or repeated breaches of the present regulation; issues are decided by the Vice Chancellor after hearing the EDP committee.
The present NUR was passed by the Senate of the University of Konstanz on February 17thm 1999.