Acceptable Use Policy – UT Learning Management System

 Version 1.1.1, last update: 20 February 2020

This Acceptable Use Policy with regard to the Learning Management System (LMS) by University of Twente (UT) is subject to the following conditions and restrictions. Access to and use of LMS is only available to a user, being a (natural) person affiliated with the UT in any way, including its personnel, faculty staff and/or students, who is authorized by the UT to access and use (a part of) the LMS (User). By using the LMS, User has agreed to the terms as set out below.

1. Admission

Only UT students, UT staff and any other person with an official UT account provided by UT, may enter the LMS.

2. User obligations

User agrees to: (i) comply with all applicable laws, rules and regulations, including the Privacy Statement, and UT ICT Use Regulations and this Acceptable Use Policy (ii) use reasonable security precautions with regard to entering LMS; (iii) cooperate with UT’s reasonable investigation of outages, security problems, and any suspected breach of this Acceptable Use Policy ;

(iv) comply with all license terms or terms of use for any software, content, or website, if communicated by UT, when it uses or accesses the LMS; (v) give UT accurate, current, and complete information that may be useful and required for performance of the LMS and shall guarantee that provided information shall be correct and complete; (vi) use reasonable efforts to prevent unauthorized access to or use of the LMS, notify UT of any known or suspected unauthorized use of User's account, or any other breach of security. If there is a conflict between the articles in this Acceptable Use Policy and all applicable laws, rules and regulations, the applicable law, rules and regulations will have priority over this Acceptable Use Policy .

3. Availability

UT shall try to ensure that the LMS is provided to the User in due care. UT may make adjustments to the content or scope of LMS and shall not be obliged to maintain, change or add certain features or functionalities to LMS. UT may temporarily suspend the LMS in full or in part for the purpose of carrying out preventive, corrective or adaptive maintenance to the LMS.

4. Guarantee

UT and Instructure Global LTD, located in London, UK (Instructure) as the hosting provider of our LMS shall together provide the LMS to User on a 'as is' and ’as available’ basis. No guarantee is given for the faultless and uninterrupted functioning of the LMS. No guarantee or declaration is given as regards the accuracy or completeness of the information published on the LMS or to which it provides access to. UT and Instructure disclaim warranties of any kind, whether oral, express, implied or statutory, this with the exception of warranties that cannot be disclaimed according to (applicable) Dutch law.

5. Update Acceptable Use Policy

The Acceptable Use Policy may be updated and changed by UT in its sole discretion at any time. When changes are made, UT will make a new copy of the Acceptable Use Policy available at the UT Canvas information website. Any changes to the Acceptable Use Policy will be effective immediately for new Users of LMS and will be effective thirty (30) days after posting of notice of such changes on the UT Canvas information website for an existing User. If a User does not agree to any change(s) after receiving a notice of such change(s), User shall stop using the LMS. Otherwise continued use of the LMS constitutes the acceptance of the updated Acceptable Use Policy.

6. Intellectual property rights

Intellectual property rights attached to all software, hardware or other items and facilities (including documentation) provided by UT, is owned by UT and/or its licensors, including Instructure. All data, details, information and any other documents or content that the User submits, sends or places in the LMS, remains the property and responsibility of User (User Content). Neither UT nor Instructure are responsible to pre-screen User Content. User grants UT and Instructure, during its use of the LMS, a fully paid, perpetual, worldwide, irrevocable, royalty-free, non-exclusive and fully sub licensable license to use, distribute, reproduce, modify and adapt its User Content for purposes of operating and providing the UT LMS.

7. Suspension

UT may suspend User's use or access to LMS if: (i) UT reasonably believes that the LMS is being used (or have been or will be used) by User in violation of the Acceptable Use Policy ; (ii) User does not cooperate with UT investigation of any suspected violation of the Acceptable Use Policy; (iii) UT believes that LMS has been accessed or manipulated by a third party via User's account without UT consent or in violation of this Acceptable Use Policy; (iv) UT reasonably believes that suspension of User's use of LMS is necessary to protect its network, other users, or others in general; (v) UT reasonably believes that the use of LMS by User may expose UT, its affiliates, it's licensors or any third party to liability; or (vi) suspension is required by law. UT will give User reasonable advance notice of a suspension under this article if possible. In addition, User’s use or access to the LMS may be suspended by UT or Instructure reasonably believes that the LMS is being used (or has been or will be used) by User in violation of the UT ICT Use Regulations.

8. Termination

UT may terminate User's access to LMS permanently if: (i) User uses the LMS in violation of this Acceptable Use Policy and fails to remedy the violation within 5 (five) days of UT’s notice; (ii) User uses the LMS in violation of this Acceptable Use Policy and, in UT’s reasonable (commercial) judgment, termination is necessary to protect UT, or any third party from operational, security, or other risk; (iii) User's account has been suspended for 5 (five) days or more; or (iv) User fails to comply with any other provision of this Agreement and does not remedy the failure within 5 (five) days of UT’s notice to User describing the failure; or (v) once User is no longer registered with UT’s Student Information System or employed by UT. UT determines, in UT’s reasonable (commercial) judgment, that immediate termination without notice is necessary to protect UT or any third party, including Instructure, from operational, security, or other risk. Upon termination, User must discontinue to use the LMS in every way.

9. Notices

User communications regarding the LMS should be sent to:

University of Twente
Attn: Functionaris van de Gegevensbescherming
P.O. Box 217
7500 AE  Enschede
The Netherlands

10. Liability

All liability for any damage which might be incurred as a result of access to and use of the LMS including any damage resulting from the use of third party websites or applications offered through the LMS is excluded to the extent possible under applicable Dutch law. This limitation of liability applies to UT as well as its licensors, including Instructure.

The User shall indemnify UT and Instructure from any liability and/or claim against UT or Instructure made by others in relation to any infringement of the rights of those others where such infringement is attributable to the User through use of the LMS, including infringement of intellectual property rights and/or tortious actions towards others and in relation to violation of any applicable laws. Any liability of and/or claims against UT or Instructure by others in this respect will be passed on to or recovered from the User.

11. Waiver

Any waiver or failure by LMS to enforce any article of the Acceptable Use Policy on one occasion will not be deemed a waiver of any other provision or of such article on any other occasion.

12. Severability

If any article in this Acceptable Use Policy is held invalid or unenforceable by a body of competent jurisdiction, such article will be construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The remaining articles of this Acceptable Use Policy will remain in full force and effect.

13. Applicable law and disputes

Any disputes arising out of this Acceptable Use Policy will be resolved in accordance with Dutch law. The competent Dutch court shall have sole jurisdiction in case of any such disputes, to the extent possible under Dutch law.