Rules governing the Use of the IT and Telecommunications Facilities of Helmholtz-Zentrum Berlin für Materialien und Energie GmbH

(Version date 12.03.1997, editorial amendments on 23.03.2004 and 16.10.2006 [DN changed to FMD], on 13.05.2008 [HMI changed to Helmholtz-Zentrum Berlin für Materialien und Energie] , on 20.08.2009 [FMD changed to FM-D, V1 changed to A-PS] and on 27.06.2011 [Central IT Systems and Networks changed to Central IT])

§ 1 Scope

  1. These Rules apply to the use of the services of Helmholtz-Zentrum Berlin für Materialien und Energie GmbH (hereinafter: "HZB") in the realm of data processing and data communications and cover the use of all of the equipment and facilities referred to hereinafter by the umbrella term "HZB Network": machines and devices, software and network components at HZB and services linking HZB to the scientific network and the internet.

§ 2 Authorised Users

  1. Employees of HZB shall receive user authorisation for the HZB Network or for portions thereof upon application.
  2. Further persons demonstrating a well-founded interest in obtaining access thereto may be granted user authorisation upon application.
  3. The FM-D department (Central IT) shall register all authorised users and maintain a corresponding list of users.
  4. The grant of user authorisation is person-specific and not assignable. Users are prohibited from providing third parties with their user authorisation and/or passwords, and the use of a user authorisation which is not personal to the user is likewise prohibited.

§ 3 Application for user authorisation

  1. An application for user authorisation should be filed with FM-D via the division/department heads, using the proper application form and with assistance from the relevant secretarial services.
  2. Applications are decided by the FM-D department head.
  3. Where FM-D rejects any application, the matter shall be submitted to management for final resolution.

§ 4 Charges

  1. All authorised employees are generally permitted to use the HZB Network free of charge for purposes of performing their academic work and employment duties.
  2. FM-D shall provide separate information on chargeable services.

§ 5 Operational and oversight authority

  1. Authority to operate the HZB Network will be exercised by the FM-D department. It will simultaneously monitor compliance with these Rules.
  2. The FM-D department shall ensure that utilisation of the HZB Network is as constant as possible. In connection with this duty, it may limit use of the HZB Network, specifically for reasons of data security, for technical or operational reasons or for purposes of economisation.

§ 6 Conduct during the use of the HZB Network

  1. Authorised users shall use the HZB Network in a proper fashion, shall treat it with care and shall protect it against damage. They shall report any faults, damage or errors to FM-D without delay.
  2. Authorised users shall use the HZB Network in an economical fashion in a manner which conserves resources. In so doing, they shall observe the principle of consideration for others.
  3. Authorised users shall observe the terms and conditions of licence for the use of the HZB Network, as published by management and the FM-D department.

§ 7 Data protection

  1. Users may only process or use the data of third parties where the data owner has given permission to do so.
  2. In the case of particularly sensitive data, both the authorised user and FM-D shall take appropriate measures to preclude the misuse thereof. In all further and other respects, the data protection and data back-up systems and facilities must be used.
  3. Users shall inform the data protection officer of HZB of their processing of personal data. The data protection officer shall, where appropriate, require the user to give a formal undertaking regarding data protection.
  4. In cases where restrictions are imposed for reasons of data protection, users must reach agreement with the HZB data protection officer.

§ 8 External network services

  1. Any user may use internet services such as file transfers, e-mail, participation in discussion forums and the internet. Users are required to use such services only for academic, technical or employment tasks. Users are specifically prohibited from making any commercial use thereof.
  2. HZB‘s "Guidelines on HZB sites on the internet" shall govern the creation and design of any websites.
  3. For purposes of external access of the HZB Network, FM-D shall assign users an independent user ID. Only the communications media permitted under the user’s application to use the HZB Network may be used for such access.
  4. Third parties who lack an HZB user ID may not be permitted to access the HZB Network either directly or indirectly.
  5. Documents for which users bear personal responsibility shall be clearly marked as such by the user and shall be labelled in an unambiguous way for third parties.
  6. When using the HZB Network, users are subject to the restrictions imposed by law (e.g. Data Protection Act), their employment agreements and/or HZB’s internal rules and guidelines. In particular, personal e-mail is subject to postal and telecommunications privacy rules just as a letter would be.
  7. Depictions and image, sound and written content which glorify violence, which are pornographic, racist or incitement to hatred are prohibited. The same applies to any actions infringing on existing intellectual property rights (e.g. copyright, competition rights etc.).

§ 9 Sanctions

  1. Wherever a breach of these Rules is reasonably suspected, the head of the FM-D department or his deputy may inspect the user’s data files. In so doing they shall preserve confidentiality. The condition precedent to the taking of this action is approval from management in each individual case. The data protection officer shall be requested to attend such inspections. The user shall be informed without delay of the inspection, and the reasons for the inspection communicated to him. A log of the inspection shall be created and the results of the inspection communicated to management and the user.
  2. In a case of a serious breach of these Rules, management may direct that a user shall be temporarily or permanently excluded from use of the HZB Network or of external network services. FM-D and A-PS shall be informed thereof. FM-D shall initiate the proper technical action without delay.
  3. A-PS shall communicate the type and duration of the sanction to the party in question in writing. To the extent the exclusion from the Network is preceded by a warning, written demand or the like, such preceding communication shall advise the party in question of the possibility that he may be excluded from the HZB Network.
  4. HZB reserves the right to take action under employment law, to assert claims for damages or to report violations to the criminal authorities.

§ 10 Entry into force

These Rules shall enter into force at such time as they are executed by management.

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