FHWIEN of WKW User Policy
1. Introduction and definitions
- Operator: FHWIEN University of Applied Sciences of WKW operates a learning platform with the URL https://moodle.fh-wien.ac.at/moodle/ serving a closed user group secured by username and password, named FHWIEN University of Applied Sciences of WKW Moodle, hereafter abbreviated as Moodle.
- Users: users are defined as students, staff members, and other members of FHWIEN University of Applied Sciences of WKW who have received valid credentials to access Moodle.
- This user policy was created by FHWIEN University of Applied Sciences of WKW and is valid between the individual user and FHWIEN University of Applied Sciences of WKW as agreed.
- The Moodle usage policy at hand is supplemented by the current version of the FHWIEN of WKW IT User Policy
- Moodle's purpose is to support courses in electronic form (e-learning) and facilitate user collaboration.
- The Moodle learning platform provides teaching resources and activities which the user is granted access to by accepting this User Policy.
- Moodle personal profile user data (such as name and email address) are visible for all users inside the platform, with the purpose of promoting collaboration. The user data is drawn from the currently valid user information as available to FHWIEN University of Applied Sciences of WKW. By accepting the User Policy, the user hereby gives his/her explicit consent to this practice.
2. Temporal scope of this User Policy
- User obligations resulting from the points 4, 6, 7 and 8 remain intact even following the loss of platform usage privileges (e.g. completion of the course, termination of the training contract, or termination of membership to the faculty or staff of FHWIEN University of Applied Sciences of WKW ).
- This User Policy shall be valid until revoked.
- FHWIEN University of Applied Sciences of WKW is responsible for providing access to the learning management system, for organisational arrangements (e.g. maintenance), and for technical support. Tech Support can be contacted via email@example.com.
- The respective course manager (teacher / subject matter expert / content provider) is responsible and accountable for all course content, including teaching materials, resources, activities, links, etc.
- The user receives a user name and a password to access and use Moodle when entering into a relationship (as a customers, staff member, etc.) with FHWIEN University of Applied Sciences of WKW (see point 1 b).
- The user agrees to not communicate his/her access credentials to third parties and to protect them against unauthorised use.
- If the user discovers or suspects the misuse of his/her credentials, he/she is obliged to report this fact immediately to firstname.lastname@example.org.
5. Use authorization
- All users stated in point 1 b are entitled to use the platform.
- Use authorization includes personal access to and personal use of information, teaching materials, and communication facilities according to the granted / acquired permissions.
6. Content of the learning management system
- The user is obliged to comply with current legislation. The user assumes sole and complete responsibility for material / content created and / or uploaded by him/her.
- To illustrate point 6a, the following examples may be cited:
- Section 1: Insulting other users or other third parties is prohibited.
- Section 2: Providing access to illegal content, pornographic or other content offensive to common decency is prohibited.
- Section 3: intellectual property rights of third parties (including trademarks, copyrights and privacy rights) are to be respected.
- Section 4: It is strictly prohibited for the user to use the learning management system for commercial purposes of any kind without the express written consent of FHWIEN University of Applied Sciences of WKW.
- Section 5: The learning management system is primarily used to support learning, therefore, disruptive behaviour (e.g. sharing of exercise solutions or previous exams) is prohibited.
- The users must not upload viruses, send chain emails or unsolicited email advertisements (spam). It is also forbidden to use malicious software of any kind in the learning management system.
- Use of the platform's content is at the user's own risk.
- FHWIEN University of Applied Sciences of WKW is obliged to publish neither user postings nor comments on the learning management system, especially should they be in obvious violation of the above items a to c.
- The user grants the operators of courses (instructors) and the Moodle system administrator the right to remove submissions violating the above items a to c.
- Copyright holders grant students attending a course the right to use content provided in Moodle for personal use (usage rights).
- The intellectual property of users which has been uploaded to Moodle may be used for an indefinite period of time as a basis for assessment or grading.
- The user agrees to indemnify and hold harmless FHWIEN University of Applied Sciences of WKW against third parties should a violation of applicable laws by the user occur.
- Every Moodle user expressly agrees to comply with applicable copyright laws, particularly regarding content the user does not own the necessary copyrights for. The following is prohibited:
- Paragraph 1: Production of copies of any kind (in written or electronic form) of teaching materials and content, no matter what form, with the exception of copies for personal use while attending the respective course
- Paragraph 2: Publication of teaching materials or content of any kind (e.g. providing downloads / hosting outside the learning management system).
- Paragraph 3: Use of the teaching materials provided for commercial purposes.
- Reference to teaching materials on the learning management system is permitted in the context of a course with an accurate citation. The source must be quoted as "FHWIEN University of Applied Sciences of WKW" course title, instructor / author, and the exact URL of the cited page and the date. The following is an example:
(Source: FHWIEN University of Applied Sciences of WKW, course 123.456 Moodle Law, Dr. Doe, http:// ...,01.12.2015)
- This User Policy is a copyrighted work. Use by third parties without written permission of the author is expressly prohibited.
9. Hyperlinks (Section 17, ECG)
- FHWIEN University of Applied Sciences of WKW assumes no responsibility for external information (third-party content) accessed by means of a hyperlink as part of the learning management system.
- If the system administrator of the learning management system obtains knowledge of illegal activity or information in the context of linked third-party content, the link will be removed immediately.
- If, in the course of claims for damages pursued by FHWIEN University of Applied Sciences of WKW, facts or circumstances arise that reveal obvious illegal activity or information in the context of linked third-party content, the link in question will be removed immediately.
10. Limitations of liability
- FHWIEN University of Applied Sciences of WKW makes no guarantee that the learning management system is continuously functional (24 hours per day, 7 days per week), uninterrupted, or error-free, nor that any errors will be corrected.
- FHWIEN University of Applied Sciences of WKW disclaims all liability for the accuracy and legal compliance of the teaching materials and content provided by users (see points 6 and 7 of this document).
- FHWIEN University of Applied Sciences of WKW disclaims all liability for service disruptions and damage to users' hardware or software. This includes any accidental damage or damage caused as a consequence of the use of the learning management system. Furthermore, FHWIEN University of Applied Sciences of WKW disclaims all liability for any loss of information or delays in the completion of any course in the event of any kind of technical problems with the learning management system.
11. Data collection / data analysis
- The data associated with the use of the learning management will be processed solely for purposes associated with the organisational and technical operation of the learning management system.
- FHWIEN University of Applied Sciences of WKW and all users are obliged to comply with the applicable data protection law.
- Personal data will not be disclosed to third parties.
12. Amendments and additions to the User Policy
- Amendments or extension of this User Policy may be undertaken by FHWIEN University of Applied Sciences of WKW at any time.
- In the event of an amendment or supplement to this User Policy, users will receive an electronic message giving him/her the opportunity to acquaint themselves with the new user regulations, along with a request to agree to them.
- If the user does not agree to the new user policy, this may result in the termination of his/her authorisation to use the learning management system.
- If sections or individual formulations of this text are incorrect, no longer correct, or not completely correct, the remaining parts of the document remain unaffected in their content and validity. The ineffective provision will be replaced by a provision in accordance with the original intended purpose or, should this prove impossible, by a provision which most closely concurs with said purpose.
14. Applicable law and jurisdiction
Vienna, January 1st, 2016
FHWIEN University of Applied Sciences of WKW
Währinger Gürtel 97
Die Vertragssprache ist deutsch. Die deutsche Fassung dieser Benutzungsordnung ist maßgeblich. Die englische Version dient lediglich der Information (im Zweifel gilt daher die deutsche Fassung).
- Disputes arising directly or indirectly from this User Policy are subject exclusively to Austrian law. Jurisdiction shall be held by the Viennese court responsible for the matter under dispute.