Technische Universität München Acceptable Use Policy for Information Technology Resources

Last amended: 01.07.2011

This translation of the document Benutzungsrichtlinien für Informationsverarbeitungssysteme der Technischen Universität München is provided for convenience only. If there is any contradiction between the German and English version, the German language version shall take precedence.

Introduction

Technische Universität München and its facilities ("Operator" or "System Operator") operate an ITinfrastructure ("IT Resources") consisting of data processing systems (computers), communicationsystems (networks) and other information processing equipment.The IT Resources are integrated into the Münchener Hochschulnetz network operated by the Leibniz-Rechenzentrum der Bayerischen Akademie der Wissenschaften (LRZ), the German National Research and Education Network (WiN), and the internet. For all services offere  hosting, the LRZ guidelinesshall apply in addition to this Acceptable Use Policy. This Acceptable Use Policy sets out the conditions for the use of the Resources and applies to allpersons accessing or using the Resources.
The Acceptable Use Policy
• is based on the statutory duties of universities and other institutions of higher education andtheir commitment to protecting academic freedom;
• sets out the general rules for proper operation of IT Resources;
• sets out the rights of third parties that must be complied with (e.g. software licenses, networkprovider requirements, data protection requirements);
• requires the user to adhere to a code of proper conduct and to make economical use of theResources;
• sets out the Operator's rights and remedies in the case of violation of the Acceptable Use Policy.

Art. 1 Application

This Acceptable Use Policy shall apply to the IT infrastructure, i.e. the data processing systems(computers), communication systems (networks), services, applications and other informationprocessing equipment (IT Resources), provided by Technische Universität München, its facilitiesand the LRZ.

Art. 2 Use of IT Resources

1. The IT Resources delineated in Art. 1 are provided to enable members of Technische Universität München to fulfil their responsibilities in the areas of research, teaching, administration, education/training, public relations, and corporate image of the university as wellas other duties or responsibilities set out in Art. 2 of the Bayerisches Hochschulgesetz [Bavarian Higher Education Act]. 2. Other individuals or facilities may be granted permission to use the IT Resources. 3. Members of the Technische Universität München must apply for their user authorization (see Art. 3 (1) with the organizational unit they are assigned to.

Art. 3 Formal User Authorization

1. Use of IT Resources pursuant to Art. 1 requires formal user authorization by the System Operator, except for services configured for anonymous access (e.g. information services,library services, temporary guest permits for conferences). 2. The organizational units within the Technische Universität München, including, but not limited to, its academic departments, institutes, operational units, Lehrstühle, and other entities, shallbe the System Operators of their respective systems.
3. The application for formal authorization shall include the following information: a. Operator/institute or organizational unit to which applications must be submitted; b. description of the systems for which user authorization is requested; c. applicant: name, address, phone number (students must indicate their student IDnumber) and, if applicable, data for use in information services and affiliation with anorganizational unit of the university; d. general information on the intended use of the IT Resources, e.g. research,education/training, administration; e. user's consent authorizing Operator to change user authorization and user data (e.g.password) to protect system operation. User must be informed of any change without delay; f. user’s acceptance of the Acceptable Use Policy, either in writing or in digital form. Usersmust actively declare their acceptance by checking the relevant box in the applicationdocuments (opt-in acceptance).
4. All relevant data protection requirements must be complied with. Operator may not requestadditional information unless it is required for the decision on the application. The applicationwill be decided by the responsible System Operator. The System Operator may make the granting of the user authorization dependent upon evidence of a certain level of competence inusing the system concerned.
5. User authorization may be denied if a. it seems uncertain that the applicant will fulfil his/her obligations as a user; b. the free capacity of the system for which authorization is being requested is not sufficientfor the intended use; c. the intended use is not in compliance with the purposes delineated in Art. 2 (1) and 4 (1); d. the system is obviously not suitable for the intended use, or is reserved for a specialpurpose; e. the system for which authorization is requested is connected to a network that is subjectto special data protection requirements and there are no objective grounds for the accessrequest; f. it is to be expected that the requested use would unreasonably disturb other authorizeduses.
6. The User Authorization shall be limited to activities related to the requested use.

Art. 4 User Responsibilities

1. IT Resources as defined in Art. 1 may be used only for the purposes set out in Art. 2 (1). Anyuse of the IT Resources for other purposes, in particular economic purposes, is granted onlyupon request and in return for a fee.
2. Users shall exercise due diligence in using the resources (work stations, CPU capacity, discspace, line capacity, peripheral devices, and consumables) responsibly and economically. Moreover, Users are obligated to avoid any foreseeable operational disturbances, and, to thebest of their knowledge, refrain from any activities which might cause damage to the ITResources and/or other users. Non-compliance with this Policy may lead to claims for damages(Art. 7).
3. Users shall refrain from any misuse of the IT Resources. In particular, Users are obligated a. to use only their officially assigned User ID; transfer or sharing of User IDs andpasswords is not permitted; b. to protect access to IT Resources by a user-defined confidential password or a similarsecurity measure; c. to exercise due diligence to prevent unauthorized persons from access to IT Resources; this includes, but is not limited to, not using primitive, obvious passwords, changing thepasswords more frequently, and logging out appropriately at the end of each session. Within the statutory requirements, Users shall be responsible for all actions taken undertheir User ID, even if these actions were taken by third parties to whom User hasprovided access, provided that this was caused by culpable conduct on the part of User. Further, Users are obligated d. to abide by the statutory provisions (copyright protection) when using software (sources,objects), documentations and other data; e. to make themselves acquainted with the provisions of any license agreements governingsoftware, documentations and/or data, and to abide by such provisions; f. neither to copy or distribute software, documentations and data etc., unless explicitlypermitted, nor to use them for any purposes other than the permitted purposes, inparticular not to use them for commercial purposes.Non-compliance with this Policy may lead to claims for damages (Art. 7).
4. As a matter of course, IT Resources may be used only for legitimate, legal activities. Users areexpressly advised that misconduct, including, but not limited to the actions stated below, is anoffence under German criminal law: a. password spying, data espionage (§ 202 a StGB [German Criminal Code]); b. data tampering, i.e. unlawfully altering, deleting, or suppressing data or rendering dataunusable (§ 303 a StGB); c. computer sabotage (§ 303 b StGB) and computer fraud (§ 263 a StGB); d. dissemination of propaganda material of unconstitutional organizations (§ 86 StGB) ordissemination of racist ideas (§ 131 StGB); e. distribution of certain types of pornography on the internet (§ 184 Abs. 3 StGB); f. accessing, downloading or storing of material containing child pornography (§ 184 Abs. 5StGB); g. defamation, insult, libel, slander (§ 185 et seq. StGB);System Operator reserves the right to institute criminal or civil proceedings (Art. 7).
5. Without prior approval of the responsible Operator, User shall not have the right to a. make changes to the hardware setup; b. modify the system software or network configuration. Separate provisions apply to the authorization to install software, depending on local andsystem requirements.
6. Users are obligated to consult with System Operator prior to commencement of a projectinvolving the processing of personal data. This shall be without prejudice to any obligationsarising from the Bayerisches Datenschutzgesetz [Bavarian Data Protection Act].Users are not permitted to access and/or process certain data and messages on behalf of otherusers.
7. Users are obligated a. to comply with any supplemental terms of use, policies, and guidelines provided by System Operator; b. in interactions with computers and networks of other users, to respect their terms ofaccess and use.

Art. 5 System Operator’s Tasks, Rights and Responsibilities

1. System Operators must document all user authorizations granted. The documentation must bestored for a minimum period of two years from expiry of each authorization.
2. System Operator will appropriately contribute to preventing or detecting misuse of ITResources. For this purpose, Operator shall be entitled to take any of the following actions, inparticulara. to check password and user data security and take protective measures, e.g. change ordisable easily guessable passwords to protect them from unauthorized access. Usermust be notified accordingly without delay; b. to document and evaluate user activities provided that this serves the following purposes: accounting, resource planning, protection of personal data of other users, operationmonitoring and/or identification of errors and violations of the Acceptable Use Policyand/or statutory regulations; c. in case of suspected violation of the Acceptable Use Policy or conduct in violation ofcriminal law, to inspect user files or mailboxes or to record details of a User's networkusage, for example by means of a network sniffer, in compliance with the four-eyeprinciple and the applicable recording requirements (for TUM employees, the provisionsof the Rahmendienstvereinbarung zur Verarbeitung systemimmanenter Daten, des Einsatzes von Fernüberwachungsmaßnahmen und der Einsichtnahme in Benutzerdatenan der Technischen Universität München shall apply); the inspection must bedocumented and the User concerned must be informed without delay upon achievementof the purpose; d. to take measures to secure evidence, such as keystroke logging or network sniffers, inthe event there is reasonable suspicion of a criminal offence.
3. System Operator shall maintain confidentiality.
4. System Operator will identify the staff responsible for IT support.
5. In any interactions with computers and networks of other users, System Operator shall respectthe terms of access and use of the other users.
6. For operational reasons, Operator may restrict the use of the IT Resources or disable certainUser IDs temporarily. If possible, the Users concerned shall be notified in advance.
7. If there are actual indications that a User makes unlawful content available for use through ITResources, Operator may prevent User from using the IT Resources until the legal situation isadequately resolved.

Art. 6 System Operator's Liability; Disclaimer

1. System Operator neither warrants that the system functions meet a User's specific requirementsnor that the system will operate without fault or interruption. Further, System Operator cannotguarantee the integrity (protection from destruction and manipulation) and confidentiality of thedata stored in its IT systems.
2. System Operator shall not be liable for any damage whatsoever caused to User resulting fromthe use of IT Resources specified in Art. 1, except for damage caused by intent or grossnegligence of System Operator or those persons employed to perform functions on behalf ofSystem Operator.

Art. 7 User's Liability

1. Users, within the statutory requirements, shall be liable for any damage or loss caused to System Operator as a result of misuse or unlawful use of IT Resources or user authorization orUser’s culpable non-compliance with the obligations stipulated in this Policy.
2. Within the scope of access and use supported by his/her user authorization, User shall also beliable for any damage caused by third parties if User is responsible for the third-party use, inparticular as a result of transferring or sharing his/her User ID to/with third parties. In such acase, the System Operator may require the User to pay a fee for the third party use.
3. To the extent User can be held liable, User shall release System Operator from any and allclaims for damages, injunctive or other relief brought by third parties against System Operatoras a result of User’s misuse or unlawful conduct. Should proceedings be brought against System Operator by a third party, System Operator will serve a third-party notice upon User.

Art. 8 Consequences of Misuse or Illegal Use

1. In the event of violation of the law, this Acceptable Use Policy, in particular Art. 4 (UserResponsibilities), or in the event that System Operator suffers any harm as a result of otherunlawful actions of User, System Operator may restrict or withdraw the user authorization as awhole or in part irrespective of whether or not the violation has caused damage.
2. In the event of serious or repeated violations, User may be permanently banned from using theIT Resources specified in Art. 1.
3. The User concerned will be given the opportunity to comment on the matter and to save his/herdata.
4. Any violations of the law, labour law, public sector employment law, or the provisions of this Acceptable Use Policy will be investigated in terms of criminal or civil liability. Violations deemedsignificant will be referred to the competent legal department to decide whether further stepsneed to be taken. System Operator expressly reserves the right to institute criminal or civilproceedings.

Art. 9 Miscellaneous

1. Separate policies may stipulate that the use of IT Resources is subject to a fee.
2. Supplemental or different policies may apply to certain systems, if required.
3. For employees, supplemental or different policies may apply as set forth in employmentcontracts, public sector employment and/or collective bargaining law provisions.
4. If any provisions of this Acceptable Use Policy for Information Technology Resources should beor become invalid, this shall not affect the validity of the remaining provisions.
5. Venue for all litigation arising out of or in connection with this Acceptable Use Policy shall be Munich, Germany.

 

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