Network Services Agreement

1 Parties to the Agreement

This Agreement applies for Massidea.org network services conducted in a contractual relation between Laurea University of Applied Sciences (hereinafter Laurea) and Customer.

2 Definitions

Network services (hereinafter Service) refers to those network services maintained by Laurea the use whereof (e.g. access, viewing and browsing) is possible on the basis of this Agreement. Network services may include online publications, online communities, Internet connections and other corresponding services. The services are generated under the European Social Fund (hereinafter ESF) -funded "Open Innovation Banking System" project (hereinafter OIBS), administered by State Provincial Office of Oulu/educational fund. The Services are maintained by Laurea.

Customer (hereinafter Customer) refers to a natural person who has the right to use the Service in accordance with this Agreement.

Material (hereinafter Material) refers to material in any form within the Service, such as articles, pictures, illustrations, sound, etc. Material can be generated for the Service by the Service Provider, Customer or a third party.

System (hereinafter System) refers to equipment, servers or programmes wherewith Laurea maintains the Service.

3 Entry into force of the Agreement

On the Customer's part, the Agreement enters into force after she/he has accepted the terms of this Agreement as well as filled in the necessary information for opening the Service and registered. On the Service Provider's part, the Agreement enters into force after the Customer registration for the Service has been approved.

4 Rights, responsibilities and obligations of the contracting parties

4.1 Rights, responsibilities and obligations of the Customer

In addition to other rights, responsibilities and obligations referred to in this Agreement, the Customer has the following rights, responsibilities and obligations;

4.1.1 Customer rights

4.1.1.1 Customer's right to use the Service

The Customer has the right to use the Service in accordance with the terms of this Agreement for purposes that are in accordance with legal provisions and good practices.

The Customer can use the Material in a way that he/she shares, copies, distributes, displays and performs the work. Similarly, he/she can prepare altered works (remix).

The author of the work shall be attributed as laid down by the licensor of the work (but not in such a way that the attribution would refer to the licensor supporting the licensee or the use of the Work)

If the work is reused or distributed, other users of the Work shall be informed concerning these license terms. This can be done for example by linking to the said page. Restrictions to the license can be waived by permission from the copyright owner. The license does not restrict the author's moral rights. When using Material, the source shall always be attributed/referred to.

4.1.1.2 Customer username and password

When registering, the Customer receives a personal username and password for the Service. The Customer shall undertake to keep these safe and as personal information. The Customer is responsible for keeping the username and password from the knowledge of outsiders. The Customer is responsible for any use under his/her username and password.

4.1.1.3 Customer's right to register

Solely an existing natural person has the right to register as a Customer.

4.1.2 Customer's responsibilities and obligations

4.1.2.1 Customer's responsibility for equipment, use, etc.

The Customer is responsible for the acquisition and functionality of own equipment, connections and programmes necessary for the use of the Service, and undertakes that these do not cause harm, disturbance or damage to the Service Provider or other Internet users. Any equipment or programmes that possibly cause harm, disturbance or damage shall be removed from the network immediately. The Customer undertakes while using the Service not to cause disturbance to other users or infringe the rights of other users, the Service Provider or third parties.

4.1.2.2 Customer's responsibility for infringement of immaterial rights

The Customer agrees not to copy, retain, distribute, send, or pass on Material that is illegal and/or violates good practice, or instigate or promote such activity. The Customer undertakes not to save, distribute, send or pass on within or through the Service Material protected by copyright, trademark right or other immaterial right without permission from the author or rightholder. The Customer is responsible at his/her own cost for e.g. disputes concerning Material he/she has generated for the network and for costs and compensation arising therefrom.

4.1.2.4 Customer's responsibility for payments

The Customer is responsible for any own charges arising from the use of the Service, or other demands from and costs to third parties related to the Service (e.g. Internet connection charges and service fees)

4.1.2.4 Other terms that apply to to the Customer's responsibilities and obligations

The Service contains Material protected under copyright. The Service as such is protected by copyright in accordance with the Copyright Act in force in Finland.

The Customer shall not sell, pass on or otherwise assign the Service of a part thereof.

The Customer shall grant the Service Provider, for the duration of the Agreement and after expiry thereof, permission to edit, copy, publish or otherwise make available to the public without charge Material which the Customer has made available within the Service.

The Customer is responsible to Laurea and/or directly to the party whose rights the Customer has violated for any possible misuse and activities in violation of legal provisions and/or the agreement.

The Customer shall not include the service or a part thereof on his/her own homepage or link to the Service for the purpose of financial gain without written consent from Laurea.

The Customer shall inform the Service provider regarding changes to name and address details without delay.

4.1.3 Data security

The Customer is aware that as an operating environment the Internet may defect the functionality of the Service and the System, and that data security forms a risk within present-day data systems, as well as personally undertakes for the protection of his/her computer, data system or other corresponding computer equipment.

4.2 Laurea's rights, responsibilities and obligations

In addition to other rights, responsibilities and obligations referred to in this Agreement, Laurea has the following rights, responsibilities and obligations

4.2.1 Laurea's rights

4.2.1.1 Temporary security measures

The Service Provider has the right but not the obligation to inspect, alter or prohibit the publication of Material it considers inappropriate, particularly where the Material is in violation against legal provisions and good practice. The Service Provider has the right to prevent the Customer from using the Service, if the Service Provider has reason to suspect that the Service is used for a purpose that violates against legal provisions or good practice, or if an authority so requests.

4.2.1.2 Right to change the Customer's user codes

The Service Provider has the right to change the Customer's username, password or other information necessary for or attached to using the Service, if these cause conflict or overlap within the data systems of the Service Provider.

4.2.1.3 The Service Provider's right to change the content of the Service

The Service provider has the right to produce the Service in a way it deems most suitable and to change the content of the Service. Any changes shall be notified in advance within a reasonable period of time. The obligation to notify does not apply to technical changes, such as updates to equipment or programmes.

4.2.1.4 The Service Provider's right to terminate the Service

The Service Provider has the right to temporarily terminate the Service, if necessary for the Service or technical modification or renewal thereof, or for installation, alteration and maintenance of the general communications network, or if laws, regulations, instructions or statements, or recommendation from key organisations within the sector so require. The Service Provider endeavours that the interruption does not take longer than necessary and that any costs incurred will remain as low as possible. The Service Provider seeks to notify concerning termination in advance.

4.2.2 Laurea's responsibilities and obligations

4.2.2.1 Responsibility for content

The Service Provider is responsible for the legality of the editorial content it produces itself, and aims for a Service of a highest possible standard, but in no way guarantees the reliability of the Service or data product or service related to it, or the reliability of the services acquired through the Service.

4.2.2.2 Liability for damages

If this contractual relation or the use of the Service on the basis thereof causes any damage to the the Customer, the Service Provider shall not be responsible for any direct, indirect or consequential damages.

4.2.2.3 Responsibility for information presented within the Service

The Service Provider is not responsible for the accuracy or reliability of the information presented within the Service or acquired through it. The Service Provider is not responsible for the contents of the opinion and discussion boards within the Service.

4.2.2.4 Responsibility for System functionality

The Service Provider is not responsible for the functionality of the System or for interruptions, traffic disturbances or e.g. the alteration or loss of information caused thereby arising from technical faults, maintenance or installation work. For its part, the Service Provider seeks to maintain the Internet network undisturbed.

4.2.2.5 Repair of faults and disturbances

The Service Provider repairs any possible faults and disturbances in the Service during normal business hours without unnecessary delay after receiving notification of the fault or disturbance.

4.2.3 Data security

The Service Provider seeks to ensure that the Service meets the reasonable data security requirements, but is not responsible for for damages caused to the Customer by deficiencies in data security or data security risks, such as computer viruses.

5 Service prices and fees

Services maintained by Laurea are free of charge.

6 Data protection

6.1 Data processing

Registration of information

The Service Provider registers into service-specific files the personal details the Customer has provided upon registration. In addition, use of the Service accrues customer-specific information for the profile file and service-specific files. The descriptions of the service-specific files are available on the service-specific Internet pages. In accordance with the Personal Data Act, the Service Provider may also file other Customer information whereof the Customer shall be notified upon the collection of personal details.

Use of information

Information is used and otherwise processed for purposes related to the Service. In addition, information may be used statistically for research purposes.

Transfer

Customer information shall not be transferred to a third party.

Storage and destruction

Personal information shall be stored at least for the duration of the project.

The information is stored securely, so that the data can solely be used for the defined purposes.

6.2 Customer rights

Right to object

The Customer has the right to object to the transfer of his/her data for marketing purposes. The database holder is Laurea University of Applied Sciences Leppävaara. Vanha-maantie 9, 02650 Espoo. (c.f. also description of the data file) If in accordance with section 10 the agreement is transferred to some other party, the right to object shall be assigned to the transferee.

Right of inspection

In accordance with the Personal Data Act, the Customer has the right to inspect his/her personal information saved in the database. The request for inspection shall be presented to the database holder by means of a document signed personally or an equivalently confirmed document, or by means of personally visiting the database holder.

6.3 Consent to process personal data

In accepting the terms of this agreement, the Customer provides Laurea his/her unambiguous consent to process personal data referred to in this section and in the description of the data file related to the Service (c.f. also description of the data file).

7 Material rights

7.1 Material produced by Laurea

Proprietary and all other rights for Material produced by Laurea shall be defined in accordance with the regulations of ESF. Project material belongs to the project and, on the other hand, the financier has the right to the results in accordance with the regulations of ESF.

7.2 Use of Material within the services of the Service Provider

Material saved within the Service is incorporated without extra cost as part of Laurea's electronic databases, and can be published as part of the databases and made available to the public when publishing the databases.

8 Force Majeure

The following shall be considered to constitute force majeure, if they prevent or unreasonably impede fulfilling the agreement: labour dispute and any other factors which the contractual parties cannot impact themselves, such as unforeseen occurrences within the labour force, fires, war, mobilisation, conscription, distraint, exchange restrictions, revolt, power-cut and disturbance in the telecommunication and/or Internet traffic. The contracting party is relieved of his/her obligations and possible liability for damages for the duration of a force majeure.

The existence of, reason for and termination of the force majeure shall be notified to the other contracting party in writing or by e-mail without delay. The Service Provider can also notify concerning the force majeure on the website connected to the Service.

9 Annulment of the agreement

Both contracting parties have the right to terminate the agreement, if the other contracting party is seen to have significantly breached the contract and has not corrected his/her activity to apply to the agreement within a week after receiving the written notice.

10 Transfer of the agreement

Laurea has the right to transfer this agreement and rights and obligations therein to another Laurea unit or a third party. The Customer does not have the right to transfer this agreement to a third party.

11 Modifications to the agreement

Terms of an individual agreement that derogate from these terms shall be agreed upon in writing. The Service Provider may unilaterally amend the terms of the agreement, and the amendments shall enter into force when the Service Provider notifies thereof on the website connected to the Service and the terms have been displayed on the Service for the duration of one week. In cases where the Customer disapproves of the amendment, he/she shall notify the Service Provider thereof within a week of the date the amendment entered into force. After the period of notice, the Customer's right to use the Service terminates and the username is invalidated. In any case, the Customer is considered to have agreed upon the amendments when he/she uses the Service after having received notification concerning the amendment.

12. Validity of the agreement

The agreement is valid until further notice. The agreement can be terminated with a prior notice of termination of one month unless it has been otherwise agreed. The termination shall be in writing or by e-mail. The Service Provider can also terminate the agreement by notification on the website connected to the Service.

On expiry of the agreement, the right to use the Service and any Material possibly included therein based on this agreement shall terminate. Despite termination of the agreement, the terms applicable for the responsibilities based on this agreement shall remain in force. However, the Material shall remain in use by the Service.

13. Applicable law and and resolution of disputes

This agreement is subject to Finnish Law. Controversies that possibly arise from this agreement or contractual relations shall primarily be resolved through negotiation, but if the negotiations do not produce an agreement, the said shall be settled in an ordinary court of law, Espoo District Court as the first instance.

REGISTER DESCRIPTION

Personal Data Act (523/99) 10 §

Created: 08.09.2009

1. Register keeper

Name: Laurea University of Applied Sciences

Contact Address

Laurea University of Applied Sciences

Vanha maantie 9

02650 Espoo, Finland

2. Contact person

Name: Sari Jääskeläinen

Contact Address:

Laurea University of Applied Sciences

Leppävaara

Vanha maantie 9, 02650 Espoo, Finland

3. Register name

Massidea.org

4.Purpose and use of the register

Massidea.org user register and service specific maintenance records

5. Register content

Customer data content:

Required information (these must be given in order to register):

• User name
• Password
• Email
• Hometown
• Email
• Status:
  1. working in private sector
  2. working in public sector
  3. student
  4. senior citizen
  5. other

In addition, the user may voluntarily provide other information, such as:

• First name
• Last name
• Gender
• Date of Birth
• Country of residence
• User interface language
• Biography
• Web links
• Position / title
• Employer / organization
• Time zone
• OpenID

6. Regular data sources

Customer given information

7. Regular data transfer and disclosure to the EU and/or outside EU

-

8. Data protection principles

Private customer information will not be disclosed to a third party. Private information is password-protected and accessed only by defined persons.