Terms of Use for WiFi
Valid from April 1, 2020
To the English version
Provider:
Property owners' association Kirchstraße 2
represented by Janin Voigt
04916 Herzberg (Elster), Kirchstraße 2
www.ks2.de/gaestehaus
1. Subject matter and scope of these terms of use
These terms of use govern your and our rights and obligations in connection with the use of our guest Wi-Fi access.
2. Our services
(1) We provide you with free access to the internet in our premises in the form of a WLAN access point (“hotspot”).
(2) The availability of the hotspot depends on our respective technical and operational capabilities. There is no entitlement to a functioning hotspot or a specific local coverage area.
(3) We furthermore do not guarantee that the hotspot can be used without disruption or interruption. We also cannot guarantee any transmission speeds.
(4) We reserve the right to modify, restrict or discontinue access to the hotspot without prior notice in the event of necessary technical repair and maintenance work.
(5) There is no entitlement to the use of specific services via the hotspot. In particular, port blocking may be implemented. Generally, internet browsing and sending and receiving emails will be possible.
3. Access and Use
(1) We offer our Wi-Fi only to guests of our apartments. It is not a publicly accessible telecommunications service, but an internal Wi-Fi network for guests of our apartments.
(2) Use of the hotspot requires that you first register for its use and/or accept these terms of use at the start of your use. This can usually be done by selecting the hotspot as the Wi-Fi network on your device, via a registration form or welcome page that then appears.
(3) There is no entitlement to use the hotspot. We are free to restrict or discontinue access to the hotspot at any time without giving reasons.
(4) The current version of these Terms of Use, which is made available to you when you register for the hotspot, shall apply.
4. Access data
(1) If you have provided registration details (such as username, password, e-mail, etc.) during registration, you must keep these details secret and not make them accessible to unauthorized third parties.
(2) If you have received registration data, you must ensure that access to and use of the hotspot with your user data is exclusively by you as the user. If there are grounds to believe that unauthorized third parties have obtained or will obtain knowledge of your access data, you must inform us immediately.
(3) As a user, you are liable for any use and/or other activity carried out under your access data, in accordance with the applicable legal provisions.
5. Your obligations as a user
(1) You are obliged to provide truthful information about yourself when using the service.
(2) You are obliged to comply with applicable laws when using our hotspot.
(3) Other obligations arising from other provisions of these Terms of Use remain unaffected.
6. Prizes
The service is provided free of charge.
7. Availability of services
Since our services are provided free of charge, you have no right to use the hotspot. However, we strive to ensure the hotspot is available with as little interruption as possible.
8. Prohibited actions
As a user, you are prohibited from any actions while using the hotspot that violate applicable law, infringe the rights of third parties, or violate the principles of youth protection. In particular, the following actions are prohibited:
The posting, distribution, offering and advertising of pornographic, illegal, fraudulent and/or fraudulent content, services and/or products that violate youth protection laws, data protection laws and/or other laws;
the publication or making available of content that insults or defames other participants or third parties;
the use, provision and distribution of content, services and/or products that are legally protected or encumbered by third-party rights (e.g., copyrights) without being expressly authorized to do so;
The public dissemination of copyrighted works or other copyright infringements, in particular when using so-called "Internet file-sharing networks" or file-sharing services.
Furthermore, regardless of any potential legal violations, the following activities are prohibited when posting one's own content on the service provider's website and when communicating with other users (e.g., by sending personal messages, participating in discussion forums, etc.):
the transmission of above-average amounts of data and, in particular, the continuous transmission of such data volumes;
the hosting of a web server or other servers by using a hotspot of the service provider;
Changing the default DNS servers in the network settings of the service provider's hotspot;
the sending of junk or spam emails and chain letters;
the spread of viruses, Trojans and other harmful files;
The dissemination of suggestive, offensive, sexually explicit, obscene or defamatory content or communication, as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (whether explicitly or implicitly);
Soliciting other users or third parties to disclose passwords or personal data for commercial or illegal purposes.
Also prohibited is any action that is likely to impair the smooth operation of our hotspot, in particular placing a disproportionately high load on our systems.
9. Blocking of access
We may temporarily or permanently block your access to the hotspot at any time if there is concrete evidence that you are violating, have violated, or are violating these terms of use and/or applicable law, or if we have any other legitimate interest in blocking access.
10. Indemnification
(1) As a user, you are responsible for all actions you take in connection with your use of the Internet via our hotspot.
(2) You shall indemnify us against all claims asserted against us by third parties due to a breach by the user of legal regulations, rights of third parties (in particular personality rights, copyrights and trademark rights) or contractual obligations, representations or warranties, including the costs of necessary legal defense (attorney's fees and court costs at the statutory rate) upon first demand.
(3) In the event of claims being asserted in accordance with point 10 paragraph 2, you are obliged to cooperate immediately and fully in the investigation of the facts and to make the information required for this purpose available to us in a suitable manner.
11. Limitation of Liability
(1) We shall be liable without limitation for all damages caused by us in cases of intent or gross negligence.
(2) In cases of slight negligence, we shall be liable without limitation for injury to life, body or health.
(3) Otherwise, we are only liable if we have breached a material contractual obligation. Material contractual obligations are defined, in general terms, as those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the user may regularly rely. In these cases, liability is limited to compensation for foreseeable damages that typically occur.
(4) To the extent that our liability is excluded or limited under the aforementioned provisions, this also applies to our vicarious agents.
(5) Liability under the Product Liability Act remains unaffected.
12. Data protection
(1) We ensure that your personal data is only collected, stored and processed to the extent necessary for the performance of the contract and permitted by law, or as required by law.
(2) In the event that we obtain your consent to the processing of your personal data in connection with the use of our services, please note that you may revoke this consent at any time with effect for the future.
(3) In order to provide the hotspot services to you, the use of personal data from your device is necessary. In this context, the MAC addresses of devices may also be temporarily stored. Furthermore, we may store log data ("log files") about the type and extent of service usage for 7 days. This data cannot be directly linked to you personally.
13. Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the application of the UN Convention on Contracts for the International Sale of Goods.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.
