of 25 July 2002

On 22 May 2002, the University Senate of the University of Oldenburg, in accordance with § 96 para. 1 sentence 1 NHG in the version of 24 March 1998 (Nds. Law and Official Gazette p. 300), last amended by Art. 8 of the law of 14 December 2001 (Nds. Law and Official Gazette p. 806), adopted the regulations for the operation of web servers and the official use of the Internet and Intranet at the University of Oldenburg. Law and Official Gazette p. 806), the regulations for the operation of web servers and the official use of the internet and intranet at the University of Oldenburg* have been adopted.

- Official Notices of the University of Oldenburg 3/2002, p. 176 -

1. Use of the data network is reserved for university purposes.
2. Minor use of the data network for private purposes is permitted in accordance with the "Regulations for the Private Use of the Internet and Intranet at the University of Oldenburg by Members, Affiliates and Third Parties".
3. These regulations govern any use of information and data in the form of offering/providing, such as the provision of web pages, as well as the retrieval of data both within the intranet and the Internet and the use of communication services, such as sending emails and chat.
4. The legal provisions must be observed when using the data network. In particular, the regulations on the protection of personal data, copyright and licence rights, personal rights and criminal law must be observed. According to the German Criminal Code, propaganda for unconstitutional organisations, the dissemination of racist ideas or pornography, theft, alteration or other manipulation of data and programs as well as insult and defamation are punishable by law. Details can be found in the appendix (as of April 2002).
5. For public Internet workstations, e.g. in the library, separate conditions of use and access regulations may be agreed.

1. The University operates a web server (www.uni-oldenburg.de). It is available to all organisational units, members and affiliates of the university. The organisational units of the University can operate their own web servers, which must be registered with the University Computer Centre.
2. When designing the web pages, the uniform design rules laid down by the Internet Coordination Office at the Press and Communication Unit must be observed. The appearance of the University on the Internet should be comparable to the appearance in other media. Only the official versions of the University's logos and signets are to be used.
3. As the operator of the central web server, the Data Centre is responsible for the technical implementation and maintenance of the system.
4. As a rule, web data areas may not be made available to third parties (persons or organisations) for use. In exceptional cases, non-profit private or public organisations may be granted shared use of the www server with the approval of the Presidential Board.

As a rule, official websites may not contain any commercial or private content or references to such content. Advertising and references to sponsors are only permitted with the approval of a body authorised by the Presidential Board. Links that do not serve university purposes are generally not permitted. Personal information may only be included to the extent that it is directly related to the university. Exceptions require the prior approval of an office authorised by the Presidential Board.

1. Data on access to university websites may only be stored in order to compile anonymous access statistics or to enable the domain of the accessing system to check access authorisation. The collection and storage of data is permitted provided that the consent of the person concerned has been given in accordance with the Lower Saxony Data Protection Act.
2. The University endeavours to make its range of information as broad and attractive as possible and relies on the committed cooperation of all its members and affiliates. In order to do justice to this claim, the University and its organisational units are entitled to publish the following data without further inquiry:
   1. Research results, naming the authors and research institutions,
   2. Announcements and reports of conferences with names of speakers and contact addresses,
   3. Names, contact addresses (including email address, telephone and fax number) and research area of academic staff directly involved in research and teaching,
   4. office hours of teaching staff as well as the name, location and time of courses,
   5. Private contact addresses only if the above-mentioned staff members cannot otherwise be contacted for work purposes (e.g. via the Office),
   6. Surname, first name, work telephone number, work fax number, work email address, institution/department of university members; access to this data is restricted to the uni-oldenburg.de domain.
3. Further details may only be published with the written consent of the person concerned. The staff members concerned must be informed of the publication in good time. If the persons concerned object to the publication due to overriding interests worthy of protection, it must be omitted. Voluntary disclosure by members and relatives remains permissible without written consent.
4. If data of members of the university (e.g. lecturers, private lecturers, associate professors) are to be published, this must be agreed separately.
5. Names, contact and email addresses of students will only be published with prior written consent.

1. The respective heads of the organisational units and the persons with access authorisation are responsible for the information services relating to their area.
2. The person responsible for the respective information offering is responsible for the content of the web pages they provide, their maintenance and the creation of links to other web pages. This responsibility also extends to compliance with legal regulations.
3. The responsibility for the content of a website also includes, to a limited extent, hypertext references to other documents. The latter must be checked to ensure that they fulfil the legal requirements. If this is clearly not the case, the reference in question must be removed or omitted. Other links contained in the referenced document do not have to be checked.
4. The organisational unit responsible for providing the information and the date of creation or modification must be stated on each web page. A link to an email address should be provided, which can be used to obtain further information about the page. In the case of hierarchically subordinate pages, this information may be omitted if there is a clear connection between the pages. The University Computer Centre must be informed of the person responsible in the respective organisational unit.

1. Web pages whose content obviously violates these regulations, other university regulations or applicable law must be deleted immediately by the operator of the respective web server.
2. Web pages from which it is not immediately clear who is responsible for them may be deleted.
3. In the event of imminent danger and to avoid significant disadvantages for the University, access to the entire server may be temporarily blocked.
4. If it is questionable whether the content of a web page is objectionable within the meaning of the first paragraph, the operator of the web server shall inform the respective person responsible about the objection and ask for a remedy. If he/she does not comply with this request and is also unable to justify in a comprehensible manner why the objectionable site is indispensable (e.g. for research and teaching purposes), the site can be blocked or deleted by the server operator. A page can be temporarily blocked until it has been clarified whether a violation of university regulations or legal provisions has occurred. In cases of doubt, a body authorised by the Presidential Board will decide.
5. The server operator is not obliged to carry out a routine check of the www pages on his or her server. The server operator will only take action and work towards remedying a breach of these regulations if it becomes aware of it.

1. Users may be temporarily or permanently restricted or excluded from using the World Wide Web if they culpably violate the user regulations or statutory provisions or if the University suffers disadvantages as a result of other unlawful user behaviour. Serious offences may result in immediate exclusion from use. In the event of improper use, the scope of use may be restricted.
2. As a rule, measures in accordance with paragraph 1 should only be taken after a prior unsuccessful warning and after weighing up the interests involved. The person concerned shall be given the opportunity to comment.
3. Temporary restrictions on use decided on by a body authorised by the Presidential Board shall be lifted as soon as the reason for the restriction no longer applies.
4. A permanent restriction of use or the complete exclusion of a user from further use can only be considered in the event of serious or repeated violations if proper behaviour can no longer be expected in the future. The decision on permanent exclusion is made by a body authorised by the Presidential Board. This does not affect sanctions under service and labour law.

1. The University accepts no liability for the system running without errors or interruptions at all times. Possible loss of data due to technical faults and access to confidential data by unauthorised third parties cannot be ruled out.
2. The University accepts no responsibility for the accuracy of the programmes provided. Nor is the University liable for the content, in particular for the accuracy, completeness and currency of the information to which it merely provides access for use.
3. The user is liable for all disadvantages incurred by the University as a result of misuse or unlawful use of the user authorisation or as a result of the user culpably breaching his or her obligations under these web regulations.
4. The user shall indemnify the University against all claims if third parties assert claims against the University for damages, injunctive relief or in any other way due to abusive or unlawful behaviour on the part of the user.

These regulations enter into force on the day following their public announcement.

The following appendix contains some particularly important regulations that must be observed when using the Internet. The regulations are current as of April 2002 and may change after the regulations come into force.

§ Section 96 UrhG

1. Unlawfully produced copies may neither be distributed nor used for public communication.

§ Section 97 UrhG Right to injunctive relief and damages

1. Anyone who unlawfully infringes copyright or another right protected under this Act may be sued by the infringed party for removal of the impairment, for injunctive relief if there is a risk of repetition and, if the infringer is guilty of intent or gross negligence, also for damages. Instead of damages, the infringed party may demand the surrender of the profit that the infringer has made by infringing the right and an accounting of this profit.
2. Authors, authors of scientific publications (§ 70), photographers (§ 72) and performing artists (§ 73) may, if the infringer is guilty of intent or negligence, also claim monetary compensation for damage that is not pecuniary damage, if and to the extent that this is equitable.
3. Claims arising from other statutory provisions remain unaffected.

§ Section 106 UrhG Unauthorised use of copyrighted works

1. Anyone who reproduces, distributes or publicly reproduces a work or an adaptation or alteration of a work in cases other than those permitted by law without the consent of the authorised person shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2. The attempt is punishable.

§ Section 108 UrhG Unauthorised interference with related rights

1. Any person who, in cases other than those permitted by law, without the consent of the authorised person <dir>

   1. reproduces, distributes or publicly reproduces a scientific edition (Section 70) or an adaptation or alteration of such an edition,

   2. exploits a work that has been remitted or an adaptation or alteration of such a work contrary to Section 71,

   3. reproduces, distributes or publicly reproduces a photograph (Section 72) or an adaptation or alteration of a photograph,

   4. exploits the performance of a performer contrary to sections 74, 75 (1) or (2) or section 76 (1),

   5. exploits a phonogram contrary to section 85,

   6. exploits a radio broadcast contrary to section 87,

   7. exploits an image carrier or image and sound carrier contrary to sections 94 or 95 in conjunction with section 94,

   8. exploits a database contrary to section 87 b (1)

   shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

2. The attempt is punishable.

Explanations:
In principle, the publication of works that were not created by the author is not permitted. Only the author, i.e. the creator of a work, has the right to publication. Works protected under copyright law also include scientific essays, photos, graphics, melodies, databases, computer programmes and the like.

As a rule, only the form is protected, not the idea itself, so that the works of other persons may be used when formulating one's own work, provided that the principles of proper citation are observed. However, caution is also required when quoting. According to § 51 UrhG, quotations from other people's works are generally permitted, but only if they serve to explain your own statements. The use of other people's illustrations to explain texts is only permitted if the illustrations are intended to clarify the ideas revealed in the text and contribute to the understanding of the text. The use of third-party illustrations is not permitted if the text accompanying the illustration merely explains the illustration.

As a rule of thumb: The quotations may not make up the main part of the new work, but may only be used to an insignificant extent to explain the new work.

§ Section 202a StGB Spying on data

1. Anyone who, without authorisation, obtains for themselves or another person data which is not intended for them and which is specially secured against unauthorised access is liable to a custodial sentence not exceeding three years or a monetary penalty.
2. Data within the meaning of paragraph 1 are only data that are stored or transmitted electronically, magnetically or otherwise not directly perceptible.

§ Section 303a StGB Data alteration

1. Any person who unlawfully deletes, suppresses, renders unusable or alters data (Section 202a (2)) shall be liable to a custodial sentence not exceeding two years or to a monetary penalty.
2. The attempt is punishable.

Explanations:
The offences under § 202 a StGB and § 303 a StGB essentially cover the acts carried out by hackers.

§ Section 184 StGB Distribution of pornographic writings

1. disseminates,
2. publicly exhibits, displays, performs or otherwise makes available or
3. produces, obtains, supplies, keeps in stock, offers, announces, advertises, imports or undertakes to export in order to use them or items obtained from them as defined in numbers 1 or 2 or to enable another person to make such use,

shall be liable to a custodial sentence of three months to five years if the pornographic writings have as their object the sexual abuse of children, otherwise to a custodial sentence of up to three years or to a monetary penalty.

1. Anyone who distributes pornographic writings (Section 11 subsection 3)
   

2. 1. offers, provides or makes available to a person under the age of eighteen,

   2. exhibits, displays, presents or otherwise makes available in a place that is accessible to persons under the age of eighteen or can be viewed by them,

   3. offers or makes available to another person in the retail trade outside business premises, in kiosks or other sales outlets which the customer does not tend to enter, by mail order or in commercial lending libraries or reading circles,

   3a. by way of commercial rental or comparable commercial granting of use, except in shops which are not accessible to persons under the age of eighteen and cannot be inspected by them, offers or makes available to another person,

   4. by way of mail order,

   5. publicly offers, announces or advertises in a place that is accessible to or can be viewed by persons under the age of eighteen, or by distributing literature outside the course of business with the relevant trade,

   6. makes it available to another person without being requested to do so by that person,

   7. shows a film in a public film screening in return for a fee which is wholly or mainly charged for this screening,

   8. manufactures, procures, supplies, holds in stock or undertakes to import in order to use them or items derived from them within the meaning of numbers 1 to 7 or to enable another person to make such use, or

   9. undertakes to export in order to distribute them or items derived from them abroad in violation of the criminal provisions applicable there or to make them publicly accessible or to enable such use,

   shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.

3. Anyone who distributes a pornographic performance by radio is also punished.
   
4. Any person who disseminates pornographic writings (Section 11 (3)) which deal with acts of violence, the sexual abuse of children or sexual acts between humans and animals shall be liable to a custodial sentence not exceeding three years,
5. If the pornographic writings (§ 11 para. 3) in the cases of para. 3 have as their subject matter the sexual abuse of children and if they depict an actual or realistic event, the penalty shall be imprisonment from six months to ten years if the offender acts commercially or as a member of a gang that has joined together to commit such offences on an ongoing basis.
6. Any person who undertakes to procure for himself or a third party the possession of pornographic writings (§ 11 para. 3) which deal with the sexual abuse of children shall be liable to a custodial sentence not exceeding one year or to a monetary penalty if the writings depict an actual or realistic event. Any person who possesses the writings referred to in sentence 1 shall also be punished.
7. Subsection 1 no. 1 shall not apply if the person authorised to care for the person acts. Paragraph 1 no. 3a shall not apply if the offence is committed in the course of business with commercial borrowers. Paragraph 5 shall not apply to acts that serve exclusively to fulfil lawful official or academic appointments.
8. Section 73d shall apply in the cases referred to in paragraph 4. Objects to which an offence under paragraph 5 relates shall be confiscated. § Section 74a shall apply.

§ Section 86 StGB Dissemination of propaganda material of unconstitutional organisations

1. Any person who disseminates propaganda material

   1. of a party declared unconstitutional by the Federal Constitutional Court or of a party or association which has been incontestably determined to be a substitute organisation of such a party,

   2. of an association which has been incontestably prohibited because it is directed against the constitutional order or against the idea of international understanding, or which has been incontestably determined to be a substitute organisation of such a prohibited association,

   3. a government, association or institution outside the territorial scope of this Act which is active for the purposes of one of the parties or associations referred to in numbers 1 and 2, or

   4.

   distributes

   propaganda material which, according to its content, is intended to continue the efforts of a former National Socialist organisation

   in Germany or produces, keeps in stock, imports or exports it for distribution in Germany or abroad or makes it publicly accessible in data storage devices, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

2. Means of propaganda within the meaning of paragraph 1 are only those writings (Section 11 paragraph 3) whose content is directed against the free democratic university charter or the idea of international understanding.
3. Paragraph 1 shall not apply if the means of propaganda or the act serves the purpose of civic education, defence against unconstitutional endeavours, art or science, research or teaching, reporting on current events or history or similar purposes.
4. If the offence is minor, the court may refrain from imposing a penalty in accordance with this provision.

§ Section 130 StGB Incitement of the people

1. Anyone who

   1. incites hatred against sections of the population or incites violence or arbitrary measures against them

   in a way that is likely to disturb public peace

   or

   2. attacks the human dignity of others by insulting, maliciously denigrating or slandering sections of the population is liable to

   a custodial sentence of three months to five years.

2. A custodial sentence not exceeding three years or a monetary penalty shall be imposed on anyone who

   1. publishes writings (Section 11 para. 3) which incite hatred against sections of the population or against a national, racial, religious or ethnic group, incite violence or arbitrary measures against them or attack the human dignity of others by insulting, maliciously denigrating or defaming sections of the population or a group referred to above,

   <dir>

   a) distributes,

   b) publicly exhibits, displays, performs or otherwise makes available,

   c) offers, gives or makes available to a person under the age of eighteen, or

   d) manufactures, procures, supplies, keeps in stock, offers, announces, advertises, imports or exports in order to use them or items derived from them within the meaning of letters a to c or to enable another person to make such use, or

   </you>

   2. distributes a performance of the content referred to in number 1 by means of broadcasting.

3. A custodial sentence not exceeding five years or a monetary penalty shall be imposed on anyone who condones, denies or trivialises an act of the kind described in section 220a subsection 1 committed under the rule of National Socialism in a manner that is likely to disturb the public peace, either publicly or in a meeting.
4. Paragraph 2 also applies to writings (section 11 subsection 3) with the content specified in subsection 3.
5. In the cases of subsection 2, also in conjunction with subsection 4, and in the cases of subsection 3, section 86 subsection 3 shall apply accordingly.

§ Section 131 StGB Depiction of violence

1. Any person who disseminates writings (section 11 subsection 3) which depict cruel or otherwise inhuman acts of violence against human beings in a manner which glorifies or trivialises such acts of violence or which depicts the cruelty or inhumanity of the act in a manner which violates human dignity,
   1. disseminates
   2. exhibits, displays, performs or otherwise makes available to the public,
   3. offers, provides or makes available to a person under the age of eighteen, or
   4. manufactures, procures, supplies, keeps in stock, offers, announces, advertises, imports or exports in order to use them or items derived from them as defined in numbers 1 to 3 or to enable another person to make such use is liable to a custodial sentence not exceeding one year or to a monetary penalty.
2. Any person who broadcasts a performance of the content referred to in subsection 1 shall also be liable to punishment.
3. Paragraphs 1 and 2 shall not apply if the act serves to report on current events or history.
4. Paragraph 1 no. 3 shall not apply if the person authorised to care for the person is acting.

§ Section 185 StGB Insult

Insult is punishable by imprisonment of up to one year or a fine and, if the insult is committed by means of an assault, by imprisonment of up to two years or a fine.

§ Section 187 StGB Defamation

Any person who, contrary to his better judgement, asserts or disseminates an untrue fact in relation to another person which is likely to disparage or discredit him in public opinion or jeopardise his credit shall be liable to a custodial sentence not exceeding two years or to a monetary penalty and, if the offence is committed in public, in a meeting or by disseminating writings (Section 11 (3)), to a custodial sentence not exceeding five years or to a monetary penalty.