Terms of use FreeWifi

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 WLAN access.

2. Our services

(1) We provide you with access to the Internet in our business premises in the form of WLAN access ("hotspot") for use free of charge.

(2) The provision of the hotspot depends on our respective technical and operational possibilities. There is no entitlement to a functioning hotspot or a specific local coverage of the hotspot.

(3) Furthermore, we do not guarantee that the hotspot can be used without interference or interruption. Nor can we guarantee transmission speeds.

(4) We reserve the right to change, 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 certain services via the hotspot. In particular, port blocking can be carried out. As a rule, surfing the Internet and sending and receiving e-mails is enabled.

3. Access and use

(1) We offer our guest WLAN only for visitors to our company. It is not a publicly accessible telecommunications service, but an internal WLAN for guests of our company.

(2) A prerequisite for use is that you register in advance for use of the hotspot and/or accept the validity of these Terms of Use at the beginning of use of the hotspot. When selecting the hotspot as a WLAN network in the end device, this can usually be done via a registration form that can then be called up or a welcome page.

(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 will be made available to you when you register for the hotspot, shall apply.

4. Access data

(1) If you have provided login data (such as user name, password, e-mail, etc.) in the course of registration, you must keep these 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 facts exist that give reason to believe that unauthorized third parties have gained or will gain 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 statutory provisions.

5. Your obligations as a user

(1) You are obligated to truthfully provide any information that you provide about yourself in the course of using the Service.

(2) You are obliged to comply with the applicable laws when using our hotspot.

(3) Further obligations arising from other provisions of these Terms of Use shall remain unaffected.

6. Prices

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 make every effort to ensure that the hotspot can be used as uninterruptedly as possible.

8. Prohibited actions

As a user, you are prohibited from any actions when using the hotspot that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:

• the posting, distribution, offer and advertising of pornographic content, services and/or products that violate the laws for the protection of minors, data protection laws and/or other laws and/or are fraudulent;
• publishing or making available content that insults or defames other participants or third parties;
• the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so;
• making copyrighted works publicly available or other acts in violation of copyright, in particular when using so-called "Internet file-sharing networks" or file-sharing services.

Furthermore, also irrespective of any possible violation of the law, the following activities are prohibited when posting own content on the website of the Service Provider as well as when communicating with other Users (e.g. by sending personal messages, by participating in discussion forums, etc.):

• the transmission of above-average amounts of data and, in particular, the sustained transmission of such amounts of data;
• hosting 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 e-mails and chain letters;
• the distribution of viruses, Trojans and other malicious files;
• the dissemination of lewd, offensive, sexually oriented, obscene or defamatory content or communication, as well as content or communication that is suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (explicitly or implicitly in each case);
• soliciting other users or third parties to disclose passwords or personal data for commercial or unlawful purposes.

Also prohibited is any action that is likely to impair the smooth operation of our hotspot, in particular to place a disproportionately high load on our systems.

9. Access blocking

We may block your access to the hotspot temporarily or permanently at any time if there are concrete indications that you are violating or have violated these Terms of Use and/or applicable law, or if we have another legitimate interest in blocking you.

10. Indemnification

(1) As a user, you are responsible for all actions you take in connection with the use of the Internet via our hotspot.

(2) You shall indemnify us upon first request against all claims asserted against us by third parties due to a violation by the user of statutory provisions, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, representations or warranties, including the costs of necessary legal defense (attorney's fees and court costs in the statutory amount).

(3) In the event that claims are asserted within the meaning of Section 10 (2), you shall be obligated to cooperate immediately and completely in the clarification 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 damage caused by us in the event of intent or gross negligence.

(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health.

(3) In all other respects, we shall only be liable if we have breached a material contractual obligation. Essential contractual obligations are defined in the abstract as obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the user may regularly rely. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage.

(4) Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.

(5) Liability under the Product Liability Act shall remain unaffected.

12. Privacy

(1) We shall ensure that your personal data is only collected, stored and processed insofar as this is necessary for the contractual provision of services and is permitted by statutory provisions or ordered by the legislator.

(2) In the event that declarations of consent under data protection law are obtained from you in the context of the use of our services, it is pointed out that you can revoke these at any time with effect for the future.

(3) In order to provide the services of the hotspot for you, the use of personal data of your terminal device is required. In this context, the MAC addresses of end devices may also be stored temporarily. Furthermore, we may store log data ("log files") about the type and extent of use of the services for 7 days. This data cannot be directly assigned to your person.

13. Final provisions

(1) The law of the Federal Republic of Germany shall apply, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office 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.