1. general information
Teachers, pupils (SuS) and selected other school staff are given access to Nextcloud for the purpose of conducting, preparing and following up on lessons and for teamwork within the school community. Access to Nextcloud is provided by the Wiesbaden Media Center on behalf of the state capital of Wiesbaden and on behalf of the respective school.

Nextcloud is an open source application that is operated by Medienzentrum Wiesbaden on its own hardware in a Wiesbaden data center.

2 Scope of application
The terms of use apply to all teachers, pupils and other school employees with access to Nextcloud (hereinafter collectively referred to as "users").

Access can be gained via the school's Nextcloud website, which is structured as follows: https://schulname-cloud.wiesan.de or via one of the apps for mobile devices in the respective app stores or via the apps for the Windows and MacOS operating systems.

3. functions
Access to Nextcloud always includes

• a personal user account
• contact management
• File storage including functions for creating, sharing and collaborating on documents

By agreement with the respective school, other functions may also be included in the Nextcloud, such as

• Calendar
• Task management / project planning
• Questionnaire / form editor
• Messenger ("Talk")
• Photo storage

Due to the constant further development of Nextcloud and available additional programs, the range of functions may change in the future. New functions are only ever made available on behalf of the respective school, unless they are pure updates of existing Nextcloud components.

4 General rights and obligations of users
Nextcloud may be used for the aforementioned purposes (see section General).

The following uses are excluded

• purely private purposes
• Administrative activities (only applies to teaching staff)
• other uses that are expressly excluded below (see section Prohibited content and actions)

Nextcloud can be accessed from both school and private end devices. The type of network or internet connection is also irrelevant, as the connection is encrypted.

Personal data may not be stored or processed by users in the Nextcloud (see EU General Data Protection Regulation Art. 4 (GDPR)). This does not apply to personal data that is required for teaching purposes. However, users must observe the principle of data minimization (see GDPR Art. 5).

Various functions in Nextcloud allow content to be shared, for example files with third parties. If content is shared with third parties, care must be taken to ensure that neither personal data nor confidential content is shared with unauthorized persons who have no right to view this content.

5 Impermissible content and actions
Users must refrain from any use of Nextcloud that

• is clearly likely to harm the interests or public reputation of the school, the Wiesbaden Media Center or the City of Wiesbaden,
• impair or circumvent the security of the IT systems or
• violates applicable legal provisions - including those of an internal school nature.

In particular, users may not use the Nextcloud to retrieve, store or distribute content that violates personal rights, data protection, copyright or criminal law.

Irrespective of the legal permissibility, users are also prohibited from intentionally or knowingly retrieving, storing or distributing anti-constitutional, racist, violence-glorifying or pornographic content when using Nextcloud.

6. security
Passwords must be so secure that they cannot be guessed. They must consist of at least 6 characters and contain a number, a capital letter and a special character.

The user is obliged to keep their own access data to the school Nextcloud secret. They may not be passed on to other persons.

Should their own access data become known to other persons by mistake, the user is obliged to take immediate measures to protect their own access. If still possible, access passwords must be changed. If this is not possible, a person at the school who administers NextCloud must be informed.

If the user gains knowledge of third-party access data, it is prohibited to use it to gain access to the third-party user account. However, the user is obliged to inform the owner of the access data or a person administering NextCloud.

7. data protection
Information on data protection can be found in our privacy policy.

8 Copyright
When using the school Nextcloud, the applicable provisions of copyright law must be observed.

Particular attention should be paid to the limitation provisions in Section 60 a of the German Copyright Act (UrhG) in favor of educational institutions, which allow the use of copyrighted material for teaching purposes within certain limits.

Users are also referred to the possibilities of quotation in copyright law (Section 51 UrhG) and to the end of copyright protection 70 years after the death of the longest living co-creator (UrhG Section 64). This can also give rise to interesting possibilities for the use of material.

Works that are marked for free use (e.g. with so-called Creative Commons licenses) represent a further possibility for use in schools; here, the conditions of the license must be carefully checked and observed.

Permitted copies from textbooks and comparable materials are defined in the "General Agreement on Reproduction in Schools" between the federal states and the responsible collecting societies and must be observed.

The copyrights to content that users have created independently remain unaffected by storage or provision in the school Nextcloud.

9 Infringements
In the event of violations of these terms of use, the following consequences, among others, are possible

• temporary or permanent blocking of user access to the Nextcloud
• Measures under school law such as pedagogical or disciplinary measures (applies to pupils)
• Measures under employment or labor law (affects teachers and other school employees)

Irrespective of this, violations of criminal law will always be reported. Violations of other legal provisions may be reported to the police.

The selection and implementation of the aforementioned consequences will be coordinated between the school, the Wiesbaden Media Center and the State Capital of Wiesbaden.

Version 1.1 from October 14, 2021

The document was created using a template from https://datenschutz-schule.info/ (Dirk Thiede) and an excerpt from the model loan agreement for digital devices of the state capital Wiesbaden. We would like to thank you for the preparatory work.