§1 Contract Partners
Contract partners are Firma TieZa GmbH in 39638 Gardelegen OT Letzlingen, Schlossstraße 10 („operator“ hereinafter) and the customer.
§2 Subject of these Terms and Conditions
The following terms and conditions in combination with the German Telecommunications Act (Telekommunikationsgesetz (TKG)) govern the customer’s use of the operator’s hot spots. The use of the hot spots provides the customer with wireless or tethered access to the internet.
§2.1 Implementation of the Contract
The contract between the operator and the customer shall take effect once the customer enters the username and password provided by the operator. By doing so, the customer accepts these terms and conditions.
§3 Services Rendered by the Operator
§3.1 Internet Access
Due to technical reasons, the operator cannot guarantee a certain transfer speed, because this, among others, depends on the amount of users, who are simultaneously using the same hot spot.
§3.2 Technical Requirements
In order to use the wireless access to the Internet, a WLAN-enabled device is required. Please note that the WLAN interface should be configured as a DHCP client. Using the tethered access to the internet requires a device with a LAN10/100 Mbit/s interface, which also needs to be configured as a DHCP client.
§3.3 Access Data and Validity Thereof
The customer needs to enter a user name and password (“ticket” hereinafter”) into the log-in screen to verify her access rights. The customer may obtain a ticket from the operator upon request. The ticket may be based on time or data volume. The customer may interrupt her internet session by simply disconnecting from the hot spot. She may continue the session at a later point in time. There will be no reimbursement of left over time or data volume of any kind. It is not possible to use tickets for hot spots of other companies or vice versa.
§ 3.4 Data Security
The wireless internet connection between the hot spot and the customer’s device is unencrypted. Therefore, it is possible for third parties to gain access to the transmitted data. The customer is responsible to provide adequate encryption (e.g. through https, VPN) of transmitted data. The operator will save the usage data in accordance with the §113 of the German Telecommunications Act (TKG §113) for six months. This data will be handed over upon judicial order only.
§4 Disclaimer of Liability
The operator shall not be liable for any damage that may occur through the usage of the hot spot. The customer is solely responsible to protect her device and data sufficiently through for example antivirus software, data backup, etc.
§5 Responsibilities of the Customer
§5.1 Transfer of Tickets
Passing on and subsequent use of the ticket data to third parties is not permitted. The operator may deactivate a ticket in this case.
§5.2 Misuse of the Hot Spot
The misuse of the hot spot is not permitted. Misuse includes but is not limited to:
- The dissemination of illegal or immoral content
- The usage of peer to peer networks
- The attempt to enter foreign data networks
- The sending of unsolicited messages (spamming)
- The use of institutions or applications that may alter or disturb the physical or logical structure of the hot spot’s server or network or other networks.
In case of culpable violations, the customer shall be held liable for damages incurred by the operator.
§6 Accountability for Content of the Internet Release
The customer is responsible for the content she retrieves from or supplies to the internet through the hot spot. The content will not be checked by the operator.
No verbal subsidiary agreements exist. German law governs the contractual relations between the parties.
§8 Severability Clause
Should individual provisions of these terms and conditions be or become ineffective, such provisions shall be replaced with provisions that will come as close as possible to the intent and purpose of the original provision. All other provisions shall remain valid.