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WiFi user conditions


1. PURPOSE OF USE


The terms set forth below (hereinafter „Terms of Use“) shall, in conjunction with the German Telecommunications Act (“Telekommunikationsgesetz” / “TKG”), regulate the use of the WiFi Internet-Guest Access (hereinafter “WiFi Guest Access”) of Lindauer DORNIER GmbH (hereinafter “LiDO”), Rickenbacher Strasse 119, 88131 Lindau, by the visitors to LiDO’s business premises (hereinafter “Guest”).


2. SERVICES OF LiDO

2.1 LiDO will grant the Guest the right to use the WiFi Guest Access, provided that the Guest (a) has registered at the LiDO reception desk, providing his/her (company) address and email address and has received the necessary login ticket and
(b) agrees at the login window to be bound by these Terms of Use of LiDO, signing his/her full name and (business) address.

2.2 The Guest has no legal claim to the use of the WiFi Guest Access. The right of use may be revoked at any time without giving any reasons.

2.3 LiDO shall, within the limits of its technical and operational capabilities, provide the Guest with wireless Internet access on the aforementioned business premises of LiDO. The WiFi technology enables wireless data transmission between the WiFi Guest Access and Guest’s WiFi-capable end-user device.

2.4 The transmission rate depends, among other things, on the network capacity utilization of the internet backbone, the transmission rate of the accessed servers of the specific content providers and on the number of other Guests using the respective WiFi Guest Access.

2.5 LiDO does not warrant continuous, uninterrupted and trouble-free availability at all times. The service may be adversely affected by geographic, atmospheric or other conditions or circumstances beyond the control of LiDO.

2.6 Use of the WiFi Guest Access requires an end-user device (e.g., laptop, smart phone, e-book, etc.) with a WiFi-capable interface. In addition, the installation of a suitable operating system, a web browser, the current driver software for the WiFi hardware and a corresponding IP network protocol are required. The responsibility for creating the preconditions for use shall rest with the Guest.

2.7 Use of the WiFi Guest Access shall only be possible after the Guest has logged in according to the requirements of the WiFi Guest Access portal.


3. SECURITY


3.1 Wireless data transmission between the WiFi Guest Access and the Guest’s WiFi- capable end-user device is not encrypted. It cannot be excluded that a third party may unlawfully gain access to the data to be transmitted via WiFi.

3.2 For security reasons, Internet access via the WiFi Guest Access will automatically terminate in case of inactivity. Inactivity means there is no communication for a period of time between the WiFi-capable end-user device and the WiFi Guest Access. An immediate reconnection is possible.


4. DUTIES AND RESPONSIBILITIES OF THE GUEST


4.1 In particular, the Guest shall have the following duties:
(a) The WiFi Guest Access shall not be misused. In particular

  •  the unsolicited sending of messages or information to third parties for advertising purposes,especially spamming and the unlawful establishment of contact by means of telecommunications (Stalking, § 238 of the German Criminal Code (“Strafgesetzbuch” / “StGB”)) are prohibited;
  •  the WiFi Guest Access may not be used for the unauthorized retrieval of information or data or unauthorized access to data networks, including that of LiDO; and 
  • the automatic, unauthorized and hidden transfer of executable routines (e.g. spyware, dialers, etc.) to computers of other (internet) users is prohibited.

Any other form of misuse is also prohibited, even if not explicitly mentioned in these Terms of Use.
(b) The Guest undertakes to keep all login data secret from third parties and not to grant any third party access to such data or pass on such data against payment or other benefit; no connections may be established for the benefit of third parties (especially in exchange for consideration). Should the Guest learn that an unauthorized third party has knowledge of the login data, he/she shall notify LiDO without delay.
(c) The dissemination of information with illegal or immoral content is prohibited. This shall include, in particular, information that incites hatred and violence against segments of the population, induces the commission of criminal offenses, glorifies or trivializes violence, is sexually offensive within the meaning of §§ 130, 130a and 131 of the German Criminal Code, is pornographic within the meaning of § 184 of the German Criminal Code, is apt to seriously endanger the moral welfare of children or juveniles or affect their general welfare or that could damage the reputation of LiDO. The provisions of the State Treaty for the Protection of Minors in the Media (“Jugendmedienstaatsvertrag”) and the Youth Protection Law (“Jugendschutzgesetz”) must be complied with.
(d) The Guest undertakes not to use LiDO’s Guest Access to engage in any activity that constitutes or is capable of constituting a criminal offense that can be committed via an Internet connection, including, in particular, the spying out of passwords or data (§ 202a of the German Criminal Code), the unauthorized modification, deletion, suppression or rendering unusable of data (§ 303a of the German Criminal Code), computer sabotage (§ 303 b of the German Criminal Code) or computer fraud (§ 263a of the German Criminal Code).
(e) The Guest undertakes to respect the domestic and international copyrights, trademarks, patent rights, trade names and signs and other proprietary and personal rights of third parties. When accessing any content or software that is owned by or licensed from third parties and requires compliance with certain terms of use, Guest shall comply with such terms.

(f) The Guest undertakes not to unlawfully offer, acquire or otherwise exploit any copyrighted works through file-sharing networks or other platforms that facilitate or encourage copyright infringement.
(g) The Guest may not send or store any data whose type, nature, size or reproduction could jeopardize the existence or operation of LiDO’s computer center or data network.
(h) The Guest shall be obligated to create a special security configuration of his/her software in order to prevent third parties from gaining access to the data transmission.
(i) The Guest shall indemnify LiDO and its vicarious agents against any third party claims which are based on the unlawful use of the WiFi Guest Access and related services by the Guest or by others with the Guest’s consent or, in particular, which arise from data protection, copyright infringement or other legal disputes relating to the use of the WiFi Guest Access. The Guest shall notify LiDO without delay if he/she realizes or should realize that a violation of this type is about to occur.

4.2 Should the Guest violate his/her duties, LiDO may immediately block access to the WiFi Guest Access.


5) SURVEILLANCE AND LOGGING OF THE USAGE


5.1 LiDO will monitor the use of the WiFi Guest Access only to the following extent:
(a) Logging of incoming and outgoing connections

5.2 LiDO will store the data recorded during use of the WiFi Guest Access for a maximum period of 90 days, with the provision that this period may be extended without notifying the Guest if this is necessary in order to comply with statutory requirements; thereafter, LiDO will destroy all collected data. In particular, LiDO will store the following data:
(a) Period during which the Guest used the WiFi Guest Access; and
(b) Data collected during the registration process (see section 2.1(a)).

5.3 The personal data collected during the use of the WiFi Guest Access are collected by LiDO for the purpose of granting the Guest Access (§ 4, section 3 of the German Federal Data Protection Act (“Bundesdatenschutzgesetz” / “BDSG”). All other data shall be subject to section 5.2.
No stored personal data will be disclosed, unless LiDO is obligated to disclose such data based on government measures or such disclosure is admissible based on government measures.


6) RESPONSIBILITY FOR CONTENT

The Guest shall be responsible to LiDO and third parties for all content that he/she retrieves or publishes via the WiFi Guest Access or that is disseminated in any way. The content is not subject to review by LiDO.


7) LIABILITY


7.1 LiDO’s liability shall be determined by the provisions of the German Telecommunications Act/TKG.

7.2 LiDO shall not be responsible for the consequences of the Guest’s activities on the Internet and in particular, not for any financial obligations arising from orders or from the use of paid services.

7.3 LiDO shall not be liable for direct or indirect damages resulting from the use of the WiFi Guest Access, unless
(a) the damage was caused by intent or gross negligence on the part of LiDO; or
(b) the damages arise from culpable injury to life, limb or health, in which case LiDO’s liability shall be unlimited; or
(c) the damages arise from a culpable violation of material contractual obligations. A material obligation is an obligation whose fulfillment is a prerequisite for the proper performance of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the fulfillment of which the Guest may regularly rely.

7.4 In the case of section 7.3(c), liability shall be limited to the typical, foreseeable damage.

7.5 The Guest shall be liable for any damage culpably caused by him/her.


8) MISCELLANEOUS PROVISIONS

8.1 The right of use shall end automatically at the end of the respective visit to LiDO’s premises. Any such visit may, depending on the purpose of the visit, encompass several visiting days.

8.2 Should the Guest intend to institute conciliation proceedings before the Federal Network Agency
(“Bundesnetzagentur”) regarding the cases mentioned in § 47a of the German Telecommunications
Act, he/she shall file an application with the Federal Network Agency in Bonn.

8.3 Exclusive venue for all disputes arising out of or in connection with these Terms of Use shall be
the registered office of LiDO, provided that the Guest is a merchant within the meaning of the German
Commercial Code (“Handelsgesetzbuch” / “HGB”) or the Guest has no domicile in the Federal
Republic of Germany at the time the suit is filed

8.4 These Terms of Use shall be governed by the laws of the Federal Republic of Germany. The United
Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, shall
not apply.

8.5 Should any provisions of these Terms of Use be invalid, the validity of the remaining provisions shall
not be affected. In such case, the parties shall agree on valid provisions which as closely as possible
achieve the economic effect of the invalid provisions. The same shall apply in case of any omissions in
these Terms of Use.


I hereby accept the General Terms for the Free User of the LiDO WiFi Guest Access.