Administrative and User Regulations of the Center for Information and Media Processing (ZIM)

of the Bergische Universität Wuppertal dated 27.10.2005

Published: AMTLICHE MITTEILUNGEN, Announcement Gazette of the Bergische Universität Wuppertal Published by the Rector Volume 34, No. 68, Date 27.10.2005

On the basis of § 2 para. 4 and § 30 in conjunction with. § 22 Abs. 1 Nr. 3 des Gesetz über die Hochschulen des Landes Nordrhein-Westfalen (Hochschulgesetz - HG) vom 14. März 2000 (GV. NRW S. 190), zuletzt geändert durch das Gesetz vom 30. November 2004 (GV. NRW S. 752) hat die Bergische Universität Wuppertal (BUW) die folgende Verwaltungs- und Benutzungsordnung für das Zentrum für Informations- und Medienverarbeitung (ZIM) erlassen.

Published: AMTLICHE MITTEILUNGEN, Announcement Gazette of the Bergische Universität Wuppertal Published by the Rector Volume 45, No. 100, Date 20.10.2016.

On the basis of § 2 paragraph 4 sentence 1 i. V. m. § 29 and § 22 para. 1 No. 3 of the Act on the Universities of the State of North Rhine- Westphalia (Higher Education Act - HG) of 16.09.2014 (GV. NRW p.547), amended on 14.06.2016 (GV. NRW p. 310), the Bergische Universität Wuppertal has issued an amendment regulation, which has been incorporated or supplemented below.

I. Administrative Regulations

Table of contents

§ 1 Legal status

§ 2 Tasks

§ 3 Management

§ 4 ZIM Commission

§ 1 Legal Status

The Center for Information and Media Processing (ZIM) is a central operating unit of the University of Wuppertal according to § 30 HG. The ZIM provides central services in the field of information and media processing at the University of Wuppertal and performs the functions of a computer center and media center for the University of Wuppertal.

§ 2 Tasks

ZIM provides the information and media technology infrastructure for the members, affiliates and institutions of the University. As a service and competence center, it provides both centralized, university-wide services as well as decentralized services related to specific user groups within the framework of the entire communication network, computers, system and application software, the use of media and media production.

ZIM consistently orients its range of services to the needs of users and to the strategic goals of the university, and actively promotes its services to users.

For this purpose and for the purpose of an effective and economic fulfillment of its tasks, ZIM cooperates with other institutions, companies and groups of people, also outside the university, on a local, regional and supra-regional level. In particular, ZIM cooperates with the other central institutions and the university administration.

The ZIM is responsible for the following tasks in particular:

1. Operation, procurement, maintenance and care of the central resources in the field of information processing (IV), technical communication and media processing for tasks in research, teaching, studies and administration;
2. Operation, expansion and technical support of the university data network and its connection to wide area networks;
3. Operation, maintenance and technical support of the University's central Internet service;
4. Advising the Rectorate on fundamental questions of information processing, media processing and technical means of communication;
5. Advising and assisting members and affiliates of the University in the procurement and maintenance of hardware, software, audiovisual media, and equipment, including operational oversight of all IV facilities and IV equipment in the University;
6. Advise and assist members and dependents of the University in the use of information and media, and in the use of information, communication, and media systems;
7. Advise and assist members and affiliates of the University in matters of technical data protection and data security, and implement organizational and technical measures to ensure secure processing of data and prevent the loss, unauthorized processing or knowledge of data;
8. Conducting development and research work necessary to maintain and improve the performance of ZIM.

§ 3 Management

(1)

ZIM shall be headed by a full-time director.

(2)

The head shall be appointed by the rector. A deputy head may be appointed by the rector upon proposal of the head and after hearing the ZIM commission (§ 4).

(3)

The head shall be the superior of the employees of ZIM.

(4)

The director shall manage the business of ZIM on his or her own authority and shall be responsible for the performance of ZIM's tasks and the appropriate deployment of its staff. In addition, he or she shall manage the budget funds allocated to ZIM.

(5)

The head of ZIM shall prepare an annual report which shall be submitted to the ZIM Commission and the Senate.

§ Section 4 ZIM Commission

(1)

In order to advise the rectorate, the senate and the head of ZIM on fundamental issues concerning the tasks of ZIM, to actively support the further development of ZIM and to represent the interests of the users of ZIM, a commission shall be established in accordance with § 11 para. 3 of the basic regulations (ZIM Commission).

(2)

The members of the ZIM Commission shall be elected by the Senate; their term of office shall correspond to that of the Senate. It shall comprise five professors, two academic staff members, one other staff member and one student. The chancellor and the head of ZIM shall attend the meetings of the commission in an advisory capacity.

(3)

The ZIM Commission shall elect a chairperson and a deputy chairperson from among its elected members.

(4)

The ZIM Commission may invite other persons to attend its meetings in an advisory capacity. When discussing matters concerning individual faculties, central institutions or the university administration, a representative of the affected area shall be called in with an advisory vote.

(5)

The commission shall be convened as needed, but at least once per semester. An unscheduled meeting shall be convened at the request of at least two members of the commission.

(6)

The ZIM Commission shall in particular make recommendations on the following issues:

1. Formulation of general guidelines for the work and further development of the ZIM;
2. Preparation of proposals for the equipment plan of the ZIM and its updating, as well as comment on the proposal of the director on the contribution of the ZIM to the budget estimate of the university;
3. Preparation of proposals and opinion on the planning and use of budgetary resources;
4. Preparation of proposals for the administrative and usage regulations as well as for operating regulations of the ZIM;
5. Preparation of proposals on the distribution of ZIM's resources;
6. Mediate conflicts between user and ZIM interests.

II. RULES OF USE

Table of Contents

Preamble

§ 1 Scope of application

§ 2 Tasks of the ZIM

§ 3 Authorization and Admission to Use

§ 4 Rights and Duties of Users

§ 5 Exclusion from use

§ 6 Rights and Duties of ZIM

§ 7 Liability of the User

§ 8 Liability of the University

§ 9 Ranking

§ 10 Special Expenses and User Fees

Preamble

These user regulations are intended to ensure the most trouble-free, unhindered and secure use possible of the information and media processing infrastructure (IV and media infrastructure) at BUW. They establish basic rules for the proper operation of the entire IV and media infrastructure and thus regulate the usage relationship between the individual users and the ZIM as well as the decentralized supply units.

§ 1 Scope of Application

These usage regulations apply to the use of the IV and media infrastructure of BUW, consisting of the IV systems, communication systems, media systems and other facilities for computer-aided IV, which are subordinate to the ZIM of BUW (in short: IV and media system); as far as the components of the IV and media system are not expressly subordinate to the ZIM, these usage regulations apply accordingly to these parts of the IV and media system.

§ 2 Tasks of the ZIM

It is the task of ZIM to provide a state-of-the-art IV and media infrastructure and to ensure that operations run as smoothly as possible. This is done, among other things, by:

1. Providing IV and media services on centralized and decentralized computers and equipment, including the loan or distribution of media, software, computers and equipment;
2. Providing the university data network and information services;
3. Advise on current use of BUW's computers, media systems, and network services;
4. Advise on procurements and planning for IV and media use in projects;
5. Coordinate IV and media matters for the University;
6. Instruct, advise, and train University members in the use of IV and media services.

The IV and media infrastructure of BUW essentially serves the needs of research, teaching, study and administration at the University of Wuppertal.

§ 3 Authorization to Use and Admission to Use

(1)

The following may be admitted to use the IV and media system:

1. Members and affiliates, institutions and administrations of the universities as well as other institutions of the state of North Rhine-Westphalia, for which the IV and Media System was established in part, for the fulfillment of their tasks;
2. Members and affiliates of other universities in the state of North Rhine-Westphalia or state universities outside the state of North Rhine-Westphalia on the basis of special agreements made by the university or instructions from the responsible ministry;
3. Wuppertal University Social Services;
4. Members of cooperation partners of the university, provided that the right to use the ZIM services is opened by a cooperation agreement;
5. Other legal or natural persons, provided that after priority use of the IV and media system by the users mentioned under 1.-3. there are still free capacities available. The current deadlines can be found in the appendix to these usage regulations.

In the case of use on the occasion of secondary employment, the secondary employment regulations for the university sector of the state of North Rhine-Westphalia apply.

(2)

The library may be used exclusively for research, teaching and study purposes, for library and university administration purposes, for education and further training purposes and for the fulfillment of other tasks of BUW. Use deviating from this may be permitted if it is minor and does not impair the purpose of the IV and media system or the interests of other users. Commercial use is only possible after consultation with ZIM and explicit permission has been granted.

(3)

Permission to use the facilities and services of the IV and Media System is granted by issuing a usage permit. This is granted by ZIM in writing upon application or upon online application in due form. The signed application must be reviewed and co-signed by the person responsible for funding. In the case of minor use by students, permission is granted automatically by ZIM. It expires when the student withdraws.

(4)

During admission, the following information of the user application should be recorded using a given form or during online registration:

1. Personal data and signature of the user;
2. Declaration on the processing of personal data by the user;
3. Acknowledgement of these user regulations as well as the operating regulations issued in accordance with § 6 Para. 12;
4. Cost and fee regulations as the basis of the user relationship;
5. Declaration of consent by the user to the processing of his or her personal data.

The user has the right to inspect the data stored about him or her.

(5)

The authorization of use may be limited to the project applied for and may be limited in time.

(6)

In order to ensure proper and trouble-free operation, the usage permit may also be linked to a limitation of computing and online time as well as to other usage-related conditions and requirements.

(7)

If the capacities of the IV and media resources are not sufficient to meet the needs of all authorized users, the operating resources for the individual users may be allocated on a quota basis in accordance with the order in § 3 (1).

(8)

The usage permit may be refused, revoked or subsequently restricted in whole or in part, in particular if

1. the information given in the application is not or is no longer correct;
2. the requirements for proper use of the IV and media system are not or no longer met;
3. the person entitled to use the system has been excluded from use in accordance with § 5;
4. the planned project of the user is not compatible with the intended tasks of the IV and Media System and the purposes stated in § 3, para. 2;
5. the available resources are unsuitable for the requested use, insufficient or reserved for special purposes;
6. the IV or media components to be used are connected to a network that must meet special data protection requirements and no objective reason for the planned use is apparent;
7. it is to be expected that the requested use will unreasonably interfere with other legitimate plans.

§ Section 4 Rights and Duties of Users

(1)

The persons authorized to use the facilities (users) have the right to use the facilities of the IV and media system within the scope of the authorization and in accordance with these Regulations for Use and the rules issued pursuant to § 6, para. 12. Any use deviating from this shall require separate approval.

(2)

The users are obliged

1. to observe the provisions of the regulations for use and to comply with the limits of the permission for use, in particular to observe the purposes of use according to § 3, para. 2;
2. to refrain from anything that interferes with the proper operation of BUW's IV and media system;
3. to treat all IV equipment, information systems and other facilities of the IV and media system with care and consideration;
4. to work exclusively with the user IDs whose use has been assigned to them within the scope of their authorization;
5. to ensure that no other persons gain knowledge of the authentication procedures and to take precautions to prevent unauthorized persons from gaining access to BUW's IV and media system; if authentication is by means of a password to be kept secret, this password must not be easy to guess and must be changed as regularly as possible;
6. not to spy on or use other people's user IDs and authentication procedures;
7. not to gain unauthorized access to other users' information and not to pass on, use or change other users' information without permission. This also applies to access to IV and media systems of third parties via the university network or the Internet; in case of violation, individual users may be excluded.
8. to comply with the legal requirements, in particular with regard to copyright protection, when using software, hardware, media, documentation and data, and to observe the license conditions under which software, media, documentation and data are made available by ZIM;
9. not to copy or pass on software, media, documentation and data provided by ZIM to third parties, unless this is expressly permitted, nor to use them for purposes other than those permitted;
10. to follow the instructions of the staff on the premises of ZIM and to observe the house rules of BUW;
11. to provide proof of authorization for use upon request;
12. not to repair malfunctions, damages and errors on the IV and media system and on data carriers of the IV and media system themselves, but to report them immediately to the staff of ZIM;
13. not to interfere with the hardware installation of the IV and media system and not to change the configuration of the operating systems, the system files, the system-relevant user files and the network without the express consent of ZIM;
14. to provide the management of the ZIM with information on programs and methods used for control purposes and to allow inspection of the programs in justified individual cases - in particular in the case of justified suspicion of misuse and for troubleshooting. This provision does not cover user data protected by telecommunications secrecy or data confidentiality, e.g. e-mails, personal files or personal data of third parties;
15. to coordinate any processing of personal data with ZIM and, if applicable, with the official data protection officer and - without prejudice to the user's own obligations under data protection law - to take into account the data protection and data security precautions proposed by ZIM;
16. to provide content made available for use (e.g. web pages) with an imprint containing the name and address of the person responsible for the content (§ 6 TDG, § 6 MDStV).

(3)

Special reference is made to the following criminal offences:

1. Spying out data (§ 202a StGB),
2. data alteration (§ 303a StGB) and computer sabotage (§ 303b StGB),
3. Computer fraud (§ 263a StGB),
4. Dissemination of pornographic representations (Section 184 StGB), in particular dissemination, acquisition and possession of child pornographic writings (Section 184b StGB) and dissemination of pornographic representations by means of broadcasting, media or teleservices (Section 184c StGB),
5. dissemination of propaganda material of unconstitutional organizations (§ 86 StGB) and incitement of the people (§ 130 StGB),
6. Honor crimes such as insult or defamation (§§ 185 ff. StGB),
7. Criminal copyright infringements, e.g. by copying software in violation of copyright law (§§ 106 ff. UrhG).

§ 5 Exclusion from use

(1)

Users may be temporarily or permanently restricted in their use of IV resources or excluded from such use if they

1. culpably violate these usage regulations, in particular the obligations listed in § 4 (abusive behavior) or
2. misuse the resources of the IV and media system for criminal acts (this also applies to misuse of other facilities from BUW resources) or
3. cause disadvantages to the University through other illegal user behavior.

(2)

Measures according to paragraph 1 shall only be taken after a previous unsuccessful warning. In the case of very serious violations, a warning is not necessary in individual cases. The person concerned shall be given the opportunity to state his or her position. He or she may ask the chairperson of the ZIM Commission to mediate.

(3)

Temporary restrictions on use decided by the head of ZIM shall be lifted as soon as proper use appears to be ensured again.

(4)

A permanent restriction of use or the complete exclusion of a user from further use can only be considered in the case of serious or repeated violations as defined in para. 1, if proper behavior can no longer be expected in the future. The decision on a permanent exclusion is made by the chancellor upon application by the head of the ZIM and after hearing the ZIM commission by means of an administrative decision. Burdensome administrative acts must be justified and accompanied by instructions on how to appeal. Possible claims of the ZIM arising from the user relationship remain unaffected.

§ 6 Rights and Duties of the ZIM

(1)

ZIM keeps a user database as a customer file (inventory data of users) on the granted user authorizations, in which the data collected according to § 3 para. 4, such as the user and e-mail identifiers, possible alias names, the name and address of the authorized users as well as other data necessary for operation (e.g. matriculation number) are listed.

(2)

To the extent necessary for troubleshooting, system administration and expansion, or for reasons of system security and protection of user data, ZIM may temporarily restrict the use of its resources or temporarily block individual user IDs. If possible, the affected users are to be informed of this in advance.

(3)

If there are actual indications that a user is providing illegal content for use on the servers of the IV and Media System, ZIM may prevent further use until the legal situation has been sufficiently clarified. The inspection or blocking of "normal" data of the user that has not been released by him or her for general retrieval is not covered by the above provision.

(4)

ZIM is entitled to check the security of authentication procedures (e.g. passwords) and user data by regular manual or automated measures and to implement necessary protective measures, e.g. blocking user IDs with easily guessable passwords, in order to protect the IV and Media System and user data from unauthorized access by third parties. The user must be informed of this without delay.

(5)

In accordance with the following regulations, ZIM is entitled to document and evaluate the use of the IV and Media System by individual users, but only to the extent necessary

1. to ensure proper system operation,
2. for resource planning and system administration
3. to protect the personal data of other users
4. for accounting purposes,
5. for the detection and elimination of technical faults and errors,
6. for the clarification and prevention of illegal or improper use in the event of actual indications. These shall be documented in writing.

(6)

Under the conditions of Paragraph 5, the ZIM is also entitled to inspect the user files while observing data secrecy, insofar as this is necessary to eliminate current malfunctions or to clarify and prevent misuse, if there are actual indications of this.

(7)

Inspection of the message and e-mail mailboxes shall only be permissible if this is indispensable for the elimination of current malfunctions in the message service.

(8)

In any case, the inspection shall be documented and the user concerned shall be notified immediately after the purpose has been achieved.

(9)

Under the conditions of paragraph 5, the connection and usage data in message traffic (in particular e-mail usage) may also be documented. However, only the detailed circumstances of the telecommunication - but not the non-public communication contents - may be collected, processed and used.

(10)

The connection and usage data of online activities on the Internet and other teleservices which ZIM makes available for use or to which it provides access for use shall be deleted as soon as possible, at the latest immediately at the end of the respective use, unless they are billing data.

(11)

In accordance with the statutory provisions, the staff of the ZIM shall be obliged to maintain telecommunications and data secrecy.

(12)

In order to ensure proper operation of the IV and Media System, the management of ZIM may issue further regulations for the use of the IV and Media System in the respective area of responsibility.

§ 7 Liability of the User

(1)

The user shall be liable for all disadvantages incurred by the University as a result of misuse or illegal use of the resources of the IV and Media System and their authorization to use them, or as a result of the user culpably failing to comply with his or her obligations under these Regulations for Use.

(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. In this case, BUW may charge the user a usage fee for the third-party use in accordance with the fee regulations.

(3)

The user shall indemnify the University against all claims if third parties assert claims for damages, injunctive relief or other claims against BUW due to abusive or illegal conduct by the user. BUW will declare the dispute to the user if third parties take legal action against ZIM.

§ 8 Liability of the University

(1)

BUW does not guarantee that the IV and media system will run error-free and without interruption at any time. Possible loss of data as a result of technical malfunctions as well as the disclosure of confidential data by unauthorized access by third parties cannot be excluded.

(2)

BUW does not assume any responsibility for the faultlessness of the provided software. BUW is also not liable for the content, in particular for the accuracy, completeness and timeliness of the information to which it merely provides access for use.

(3)

Furthermore, BUW shall only be liable in the event of intent or gross negligence on the part of its staff, unless there is a culpable breach of cardinal obligations. In this case, BUW's liability is limited to typical damages foreseeable at the time of the establishment of the user relationship.

(4)

Possible public liability claims against BUW remain unaffected by the above provisions.

§ 9 Rankings

(1)

The utilization of the IV and media system shall be based on task groups for which different ranking levels may be determined. The assignment of rank levels shall be made by the head of ZIM in consultation with the ZIM Commission.

(2)

The time sequence of use is generally in the ascending order of the rank levels. In addition, the chronological processing of individual orders shall be based on the type, scope and waiting time. Exceptions in individual cases are only permissible if this does not disrupt the general operation of the ZIM.

(3)

In the event of a permanent overload of the ZIM or its areas or in order to secure deadlines, the head of the ZIM may determine, after consultation with the ZIM Commission

1. that the sequence of users shall be exclusively in the order of ascending ranks and within the ranks shall be based on the extent of the demand on the operating resources,
2. that individual services, facilities or equipment are used entirely or predominantly for specific tasks,
3. that contingents of the scope of use apply,
4. that appropriate control measures are used to eliminate short-term bottlenecks or to increase performance.

§ Section 10 Special Expenses and User Fees

(1)

The use of the ZIM by members and staff of BUW within the scope of their official duties or their studies is generally not subject to fees. Special expenses incurred by ZIM may be charged separately.

(2)

Fees for certain administrative activities and types of use of the ZIM can be set in a separate fee schedule in accordance with § 30 para. 4 HG in conjunction with the Ordinance on the Collection of Fees in the Field of Information, Communication, Media (GebO-IKM NRW, GV. NRW p. 738) - unless otherwise stipulated in the legal ordinance - which regulates the fee elements, fee rates as well as reduction and waiver elements.

(3)

The obligation to pay expenses and fees arises at the start of use. Users liable to pay expenses or fees shall receive notices of the expenses or fees to be paid by them. The expenses or fees become due upon receipt of the notice.

III. Entry into force

These Regulations for Administration and Use shall enter into force on the day following their publication in the Official Notices as the official gazette of the University of Wuppertal. At the same time, the administrative and user regulations of the HRZ (University Computer Center) of June 13, 1991 (Amtl. Mittl. No. 25/91) and the administrative and user regulations of the AVMZ (Audiovisual Media Center) of January 13, 1986 (Amtl. Mittl. No. 03/86) shall expire.

Issued on the basis of the resolution of the Senate of the University of Wuppertal dated 26.10.2005.

Wuppertal, 27.10.2005

The Rector of the University of Wuppertal University Professor Dr. Volker Ronge