Second Assignment for Volker Janssen, Curtin Student 14870776, enrolled in NET303, SP3 2012.

1. Things you would know in case you read the terms and
conditions before clicking the “Agree”-button

2.  Xing is a Social Networking Service (SNS)
for professionals.
 The organisation was founded in 2003, then
called OpenBC (BC=Business Club)
 Just like the larger competitor LinkedIn, the
organisation primarily catered for business
people who wished to network with other
professionals.
 In 2006, OpenBC became XING, trying to
enhance the mainly German audience by
focussing on the Chinese market.

3. Interactive Pioneers GmbH (2006)

4.  I joined OpenBC in 2004
 Like many others, I saw this as a great
networking opportunity
 Contributing to interest groups and making
contacts with others in my field (Bank
Business IT) and related.
 Like the majority of those who registered
as members, I never cared about the
Terms of Use –
 not even after becoming a premium member
(fee for service)

5.  Xing offers two different memberships:
 Free Membership
 Premium Membership (paid)
○ Special memberships (Sales and Recruiters)
are also referred to as Premium.

6.  Xing was established in Hamburg, Germany
 Therefor Xing adhers to German
jurisdiction, founded on the German Criminal
Law.
 It is important to note that German criminal
proceedings are by nature not a contest
between parties,
 but an objective, judge led inquiry into the
material truth of the facts underlying the
criminal charge (Bohlander 2008).
 This is an important fact considering that XING
can argue not to take any responsibility for
harm done by Xing members to one another.

7.  XING offers business professionals an
opportunity
 to intercommunicate,
 to seek contracting work
 to exchange expertise
 using XING as a platform.
 Although providing the platform, XING
explicitly disclaims any participation in
any contractual agreements.

8.  Xing being the source of contact between
two professionals could be reason to
include XING in a contract, including
accounts established with XING.
 For such cases XING explicitly disclaims
liability
 if issues arise or
 if parties cannot contact each others over
XING, due to any availability issue on the
side of XING.

9.  XING is a Social Networking Service for
Professionals.
 Web users wanting to register on XING
need to be at least 18 years of age.
 Section 14 of the Privacy Policy
indicates that parents are responsible
for their children’s privacy.

10.  Section 2 of the Terms & Conditions is entirely committed
to user authenticity and representation.
 Xing claims that it would be impossible to verify the
authenticity of every registered user.
 To limit the variety of registration options, users shall not
use pseudonyms or pen names.
 Xing assumes no liability for the authenticity of any user
registered on XING.
 It is in the responsibility of Xing members to verify
authenticity of their contacts within the XING Social
Networking Service.
 Breaching any contractual obligations, specifically naming
section 2 may lead to cancellation of the user agreement.

11.  4.1.3 of the Terms & Conditions is the
only space in which copyright is
discussed in conjunction with
 trademarks,
 patents,
 utility patent or design patent laws.
 Also it refers to breeches among users
only, reminding users to respect each
others rights and ownership.

12.  Also, section 4.1.3 of the Terms & Conditions
refers to spam as an annoyance for users of
XING and accordingly cites §7 of the German
Unfair Competition Act.
 Further, users shall not promote
 any commercial practices considered unfair
competition, including
 progressive customer acquisition practices (such as
chain distribution systems, multilevel selling or
pyramid sales).
 Breaching any contractual obligations,
specifically naming section 4 may lead to
cancellation of the user agreement.

13.  XING offers a special space within the
Website that discusses security measures
taken in the interest of XING users.
 While registering on LinkedIn (US
competitor), users are faced with a
minimum level of privacy and required to
un-tick settings they deem inappropriate.
 XING puts each account to maximum
privacy by default and asks the user to
make alterations (tick boxes) if they wish to
enhance their visibility or to weaken the
privacy settings.

14.  Registering on XING, all communication
is SSL-encrypted, as soon as the user
logs in. This ensures that
communication between the user’s
computers and the XING server cannot
be intercepted by third parties.
(httpS://www.xing.com/)

15. References
 Bohlander, Michael (2008). The German Criminal Code. Hart Publishing.
Oxford, UK. Retrieved from
http://reader.eblib.com.au.dbgw.lis.curtin.edu.au/(S(1aohaqyxanvzrdqytzfzwuf5))/
Reader.aspx?p=408068&o=94&u=zKpqfSysqyQyaiRLYI%2fLsg%3d%3d&t=1350
537028&h=B839511D64DE113637D765074C2CA14F90950495&s=7026535&ut
=240&pg=1&r=img&c=-1&pat=n
 Interactive Pioneers GmbH (2006). OpenBC to become XING. Retrieved from
https://www.youtube.com/watch?v=7eGKsRjzmJk
 Soundtrack: Moby – Isolate. Used by permission of the artist. Retrieved from:
http://www.mobygratis.com/film-music.html