Preamble

The NIT Northern Institute of Technology Management gGmbH (hereinafter referred to as the “NIT”) offers its students, teachers, sponsors, alumni, employees, and other persons with an NIT connection (hereinafter referred to as “User/s”) an in-house networking platform at www.inside.nithh.de (hereinafter referred to as “INSIDE NIT”) to enable them to share information and communicate continuously.

INSIDE NIT supports the study program and can be used by all enrolled students.

INSIDE NIT serves the sole purpose of keeping in contact with individual users in a wide range of ways and of improving teaching, the study experience, alumni relations activities and career services.

With your first log-in to INSIDE NIT, a user agreement between you and the NIT comes into force that is based on these Terms and Conditions of Use:

1. Enrollment, Registration, and Contract Duration

1.1 INSIDE NIT is a private, closed network for the use of which users must enroll and register. Enrollment for INSIDE NIT is free of charge for the user but subject to invitation by the NIT. The NIT will send the user an e-mail invitation to join.

1.2 When you register via the link in the invitation e-mail, the following user data, if it is on record with NIT, will be shown in the user profile:

  • Title
  • First and last name
  • Gender
  • Class membership
  • Sponsor
  • Master’s study program

During registration the user will be able to check this information and to add to and/or amend it. All the above-mentioned information can be seen by other registered INSIDE NIT users.

1.3 Users can add further details to their user profile, such as their private or business addresses, employer, website and/or contact data for other external (social) networks.

1.4 Users may only set up one user profile and may not allow third parties to use their user profile.

1.5 This user contract is valid until further notice.

2. Access Data

In order to use INSIDE NIT the user must choose a password. Users are required to keep their passwords secret. The password for using INSIDE NIT must not be disclosed to third parties. Should users have reason to assume that third parties are aware of their access data they undertake to change their password without delay.

3. General Responsibilities of the User

3.1 The user is required:

a) To state personal details truthfully and in full when registering. Should this data change in the course of use, users are required to amend their user profile data accordingly.

b) To use information received, files and/or especially teaching material solely for NIT-relevant purposes. In particular, further utilization, processing and the provision of access or passing on thereof is only permitted in an NIT-relevant context.

c) To abide by the law and respect all third-party rights when using INSIDE NIT.

3.2 Users may not do any of the following:

a) Use mechanisms that might have a negative impact on the availability or performance of INSIDE NIT or are aimed at breaching the security provisions (e.g. firewalls) of the provider Just Software or at reading out data automatically.

b) Distribute or publicly reproduce content from INSIDE NIT or of another user unless this distribution or public reproduction is envisioned in the utilization of INSIDE NIT or the other user has consented to its distribution and public reproduction; and/or

c) Any act that is likely to impair the functionality of the INSIDE NIT infrastructure and, especially, to overload it inordinately.

4. Responsibility for Content

4.1 Users are personally responsible for the content and links they publish on INSIDE NIT.  

4.2 Content must not pose a threat to public order, be in breach of the law, public decency or these Terms and Conditions of Use or of third-party rights. If it does, the user will delete it without delay.

4.3 In particular, users may not:

  • Use abusive or defamatory content regardless whether this content relates to other users, NIT employees or other persons or companies;
  • Use content that is pornographic, glorifies violence, is abusive, immoral or in breach of youth protection legislation or advertise, offer and/or distribute goods or services that are pornographic, glorify violence, or are abusive, immoral or in breach of youth protection legislation;
  • Unreasonably inconvenience other users, especially by spam;
  • Use legally protect­ed content (such as by copyright, trademark, patent, design or utility patent law) without being entitled to do so, or advertise, offer and/or distribute legally protected goods or services (also without being entitled to do so), or
  • Undertake or promote anti-competi­tive activities, including progressive customer canvassing (such as chain, snowball or pyramid systems)

4.4 The NIT reserves the right to remove content or links without prior notice if they are suspected of being unlawful. A suspicion reported by a third party shall suffice unless the report is clearly unjustified.

5. Termination and Deactivation of a User Account

5.1 Either party can terminate the use of INSIDE NIT at any time with­out notice and without giving rea­sons. All that is required is to delete the user account.

5.2 The use of INSIDE NIT can, especially, be terminated in the event of suspicion that the user has submitted false data during registration, is in breach of these Terms and Conditions of Use, has published unlawful content on INSIDE NIT and/or published content thereof or the NIT has any other justified interest in terminating the account.

5.3 On deletion of the user account the user’s data can no longer be requested. As data is stored in the cache, deleted user profile may for technical grounds still be available for a short time.

5.4 Contributions by deleted users (such as comments and uploaded docu­ments) are anonymized so that the content is retained in order not to destroy the course of a discussion or the message history.

6. Copyright

Copyright for images and content on INSIDE NIT is held by NIT unless expressly stated otherwise and/or added by a user. Use of these images and contents in other media is subject to NIT’s written consent.

7. Disclaimers

7.1 Claims for damages against the NIT, regardless of legal basis, will only be acknowledged if the NIT is guilty of deliberate intent or gross negligence. In the case of slight negligence in respect of a duty that is of cardinal importance for achiev­ing the purpose of the contract, liability is limited to the amount of typical, predictable damage. Sentences 1 and 2 (above) do not apply to a dereliction of duty that leads to damage to life, limb or health.

7.2 The user will indemnify the NIT against all claims by other users or other third parties in respect of the user’s behavior toward the NIT for infringement of their rights, including costs of legal defense, court costs and statutory attorney’s fees. The NIT is entitled, in the event of a justified suspicion pursued by the police or legal authorities in respect of a criminal offense involving the use of the email address, to disclose the user’s name and address provided that the user has been notified beforehand and given an opportunity to respond.

8. Jurisdiction and Choice of Law

8.1 If the user is a merchant or a legal person or special fund under public law, Hamburg is agreed to be the sole jurisdiction for all claims arising from or in connection with this contract. The same shall apply to persons who do not have a general legal venue in Germany or after concluding this agreement have transferred their place of residence or usual abode to another country or whose place of residence or usual abode is unknown at the time the action is filed.

b) These Terms and Conditions of Use are subject to the law of the Federal Republic of Germany.

9. Final Provisions

9.1 Oral side agreements do not exist.

9.2 The NIT reserves the right to amend these Terms and Conditions of Use at any time without giving reasons. Users will be notified of the amended Terms and Conditions two weeks at the latest before they come into effect. If the user fails to object to the new Terms and Conditions within two weeks of publication, they shall be considered to have been accepted.

9.3 All declarations in respect of the Terms and Conditions of Use must be made in writing.

9.4 Should single provisions of these Terms and Conditions of Use be or become invalid, the validity of the remaining terms and conditions shall not be affected. The parties undertake to replace any resulting lacuna by an effective provision that corresponds to the intended meaning and purpose of the invalid provision and comes closest to the Terms and Conditions of Use.

 

As of August 1, 2015