General Terms and Conditions of Use for the komro CITY WLAN Wi-Fi Service by komro GmbH - hereinafter referred to as Wi-Fi GTC - 1. Parties to the contract The Parties to the contract are komro GmbH (hereinafter referred to as komro ), Am Innreit 2, 83022 Rosenheim, and the respective User. 2. Subject matter The following Wi-Fi Terms of Use, in conjunction with the German Telecommunications Act (TKG) and the General Terms and Conditions of Business of komro GmbH for multimedia services (Multimedia GTC) shall govern the use of komro s Wi-Fi network (hereinafter referred to as komro CITY WLAN ) by the respective User. CITY WLAN is an Internet service product by komro for accessing the World Wide Web offered by komro as a special service. komro offers CITY WLAN in two alternative variants, namely as unencrypted Internet access ( CITY WLAN ) and as encrypted Internet access for regular customers ( CITY WLAN (S) ). 3. Prerequisites for using CITY WLAN and period of use The prerequisite for using CITY WLAN/(S) is the availability of access data, consisting of username and password, as well as the acceptance of these Terms of Use. The use of CITY WLAN/(S) requires an operational terminal device with a Wi-Fienabled interface, on which a suitable operating system, a Web browser, the latest driver software for the Wi-Fi hardware and a corresponding IP network protocol are installed, and that the system is configured as a DHCP client. It is incumbent upon the User to create these prerequisites of use. To use the Internet via CITY WLAN, the User needs to register with his specific username and password. The registration takes place on the website https://citywlan.komro.de (hereinafter referred to as the Portal ). To use the Internet via CITY WLAN (S), the User needs to register with his specific username and password. The registration takes place on the terminal device itself. Upon registration, komro provides the User with a defined period of Internet use. For reasons of security, sensitive user data, such as username and password, is always transmitted to komro s servers using SSL encryption (SSL = Secure Socket Layer). This is a standardised encryption method designed for online services, especially for the Internet. 4. Scope of services Within the limits of the existing technical and operational capabilities, komro provides the following services:
Access to the Internet: komro enables the User to access the Internet via CITY WLAN/(S). The User acknowledges that the transmission rate during use depends, amongst other things, on the network capacity utilisation of the Internet backbone, the transmission rate of the accessed server of the specific content provider and the number of users at the specific CITY WLAN hotspot. komro offers CITY WLAN/(S) for processes such as the active use of the User s email function and immediate data transfer as well as browsing the Internet within the limits of the usual individual usage pattern. The availability of CITY WLAN/(S) depends on komro s specific technical and operational capabilities. Permanent, uninterrupted and trouble-free availability or a particular Internet speed is not guaranteed. komro shall not be obliged to guarantee access at the specific CITY WLAN hotspot. CITY WLAN/(S) may also be affected by geographical, atmospheric or other conditions (e.g. signal interruptions) or circumstances beyond komro s control. komro continuously endeavours to improve and enhance its range of products and services, which is tailored to the users individual expectations and requirements. In line with the industry s best practices for active service management, komro is committed to identifying potential risks at an early point and developing appropriate approaches to manage these risks. Should you nevertheless experience any technical problems, please contact komro on the service hotline: 08031-3652418, service hours: Mon-Fri 08.00 am - 5.00 pm. In the event that technical repair and maintenance work becomes necessary, komro reserves the right to change, limit or discontinue CITY WLAN/(S) or individual CITY WLAN hotspots without prior notice. 5. Security of data transmission Data transmission within the komro CITY WLAN and to the Internet takes place unencrypted via the CITY WLAN SSID (Service Set Identifier). As a result, unauthorised third-party access to the data transmitted by the User cannot be ruled out. The User acknowledges that, in view of the type of the service, komro cannot guarantee that CITY WLAN/(S) is protected against illegal access or use. Therefore, komro accepts no liability for information and data transmitted by the User via CITY WLAN/(S) and/or the Internet being viewed, intercepted or manipulated by third parties during transmission, being actually sent by the ostensible sender or reaching the intended recipient. For this reason, the User shall take corresponding security measures in respect of sensitive data (e.g. VPN software, SSL encryption) or refrain from transmitting such data. Data transmission within the komro CITY WLAN (S) and to the Internet takes place encrypted via the CITY WLAN(S) SSID. The User shall be responsible for ensuring that all terminal devices used in conjunction with CITY WLAN/(S) are sufficiently protected against threats and data access by third parties, such as viruses, worms and
Trojans, for example by using antivirus software or a firewall. For reasons of security, the Internet access via CITY WLAN/(S) shall be automatically interrupted after a maximum period of 24 hours (session timeout). 6. User s duties and obligations Every User shall be obliged to comply with the following duties: The transmission of exceptionally large data volumes and, in particular, the continuous transmission of such data volumes is not permitted. The User is not allowed to host a Web server or another server by using the CITY WLAN hotspot. The User is not allowed to attempt to access and to actually access the user account of another user without his permission, to send unsolicited messages in any electronic form or to transmit information to third parties for advertising purposes (spamming), to collect personal information of third parties without authorisation, to enter data networks without authorisation, to adversely affect other CITY WLAN hotspot users as well as to send files or file attachments containing malware (e.g. diallers, viruses, etc.). The user is not allowed to offer in file-sharing services or to otherwise exploit works protected by copyright without permission. When accessing contents or software owned by third parties or licensed by third parties or subject to the fulfilment of particular conditions of use, the User shall be obliged to fulfil these conditions. The User may not disseminate any content that is illegal or in violation of accepted moral standards. This shall include, in particular, content that incites hatred and violence within the meaning of Sections 130, 130a and 131 StGB [German Criminal Code], attempts to cause the commission of offences, glorifies or downplays acts of violence, is sexually offensive, is pornographic within the meaning of Section 184 StGB, is apt to seriously endanger the moral welfare of children or juveniles or affect their general welfare or could damage komro s reputation or is aimed at the unlawful seeking of a person s proximity within the meaning of Section 238 StGB (referred to as stalking). The provisions of the Interstate Treaty on the Protection of Minors and the Protection of Young Persons Act shall be observed. The User is not allowed to enter his own DNS servers in the network settings of the komro CITY WLAN with the intention of using them for a purpose other than the deletion of a DNS entry. The User is not allowed to damage or otherwise impair the komro CITY WLAN or to interrupt the access to the komro CITY WLAN or an individual hotspot or to undertake anything that could impair the functionality of or interrupt the komro CITY WLAN or an individual hotspot.
komro reserves the right to block the User s access to the CITY WLAN hotspot at the User s expense if the User substantially and sustainably breaches the duties incumbent upon him. 7. Responsibility for contents of transmitted data The User shall be responsible vis-à-vis komro and third parties for all contents he transmits or otherwise distributes via CITY WLAN/(S) (e.g. by email, newsgroups, chat services). This shall also apply to contents transmitted and/or distributed by third parties via the User s CITY WLAN/(S) access, if and to the extent that the User is responsible for this. The contents shall not be subject to any checks by komro. The User shall indemnify komro and its agents from any and all claims by third parties that are based on the use of the CITY WLAN hotspot network and the associated services by the User or with his consent in breach of these Wi-Fi Terms of Use or in any other illegal manner or that arise, in particular, from litigation involving data protection, copyright protection or other litigation in conjunction with the use of the CITY WLAN hotspot by the User. If the User realises or can be expected to realise that such a breach is about to occur or has taken place, he shall be obliged to notify komro without undue delay. 8. Use by third parties The User is not allowed to make available to third parties his access data to the komro CITY WLAN on a commercial basis or for a fee in any other manner. The user shall bear the costs and shall be responsible for all claims by third parties arising from the unauthorised use of the komro CITY WLAN by third parties, if and to the extent that the User is responsible for this use. 9. Liability The User expressly acknowledges that the use of the CITY WLAN hotspot and surfing the Internet take place at his own risk. komro shall only be liable for financial loss not caused with intent during the provision of telecommunications services up to an amount of 12,500 per end user. If the liability for damages arises from a uniform action or a uniform damage-causing event vis-à-vis several end users and this is not based on intent, the liability for damages shall be limited to a maximum amount of 10 million, without prejudice to the limit of liability set forth in sentence 1 above. If the amount of damages to be paid to several aggrieved parties exceeds the maximum limit, the amount of damages shall be cut in proportion of the sum of all damage claims to the maximum limit. The limitation of liability set forth in sentences 1 to 3 above shall not apply to damage claims arising from the delayed payment of damages. komro shall be liable without limitation for culpably caused damage arising from injury to life, limb or health. For property damage and financial loss outside the scope of application of clause 1, komro shall be liable without limitation in the event of wilful
intent and gross negligence. Otherwise, komro shall only be liable in the event of culpable breach of material contractual obligations, with the liability being limited to compensation for the foreseeable, typically occurring damage. A material obligation is understood to be an obligation the discharge of which is an essential prerequisite for the proper performance of the contract, the breach of which jeopardises the achievement of the contractual purpose and the observance of which the User can rely upon as a matter of course. The liability under the Product Liability Act as well as the liability for fraudulently concealed defects or a warranted quality shall remain unaffected. In the event of slight negligence, komro shall only be liable for data loss under the conditions and to the extent of paragraph 2 of this clause if the User has properly backed up his data at intervals adequate in respect of the specific application so that it can be restored with reasonable effort. komro s liability for any other damage or loss shall be excluded. 10. Data protection komro undertakes to observe the provisions on the collection, processing, storage, transmission and/or deletion of data set forth in the applicable laws and legal provisions on the protection of privacy and/or data protection. komro undertakes not to use or disclose any information received from the User in breach of the applicable laws or legal provisions, unless a German court, a German criminal prosecution authority or a German body of the internal security agency so requires in written form. On no account will komro limit, monitor, capture or store the data traffic, unless this is required under the applicable laws or legal provisions or is necessary for meeting the obligations under this contract or is indispensable for maintaining the CITY WLAN hotspot. 11. Changes in the Wi-Fi Terms of Use These Wi-Fi Terms of Use may be changed by komro to the extent that such changes do not affect any essential provisions of the contract and are necessary for adjusting to developments that were unforeseen at the time the contract was concluded and the failure to include them would noticeably impair the equity of the contract. Essential provisions are, in particular, those that deal with the type and scope of the contractually agreed services and the term of the contract. Adaptations or amendments to these Wi-Fi Terms of Use may also be made to the extent that they are necessary for eliminating problems in performing the contract due to gaps in the provisions that arise following the registration or the assignment of access data. This may be the case, in particular, if the laws change and one or more clauses of these Wi-Fi Terms of Use are affected thereby.
Any changes in these Wi-Fi Terms of Use will be announced by posting them in the portal. The changes shall be deemed accepted by the User if no objection is raised in writing within two weeks of announcement (by post to: Am Innreit 2, 83022 Rosenheim or by email to: info@komro.net). komro will expressly advise the User of the legal consequences of the failure to raise an objection in the email notification. In the event of an objection, the Wi-Fi Terms of Use last announced to the User shall continue to apply. 12. Miscellaneous provisions If the User intends to initiate arbitration proceedings with the Federal Network Agency in the event of a dispute with komro concerning any of the cases specified in Section 47a TKG in conjunction with the use of CITY WLAN, he shall file an application to this effect with the Federal Network Agency in Bonn. Should individual provisions of these Terms of Use be found invalid or unenforceable or become invalid or unenforceable, either in whole or in part, as a result of changes in law after conclusion of the contract, the remaining contractual provisions and the validity of the contract in its entirety shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable regulation that embodies as closely as possible the intent and purpose of the void provision. Should this contract turn out to contain any gaps or omissions, those provisions shall be deemed agreed which embody the intent and purpose of the contract and would have been agreed, had the Parties considered this point. In the event of disputes, komro and the User undertake to seek amicable settlement without involving a court. If the Parties are unable to reach an agreement, the place of jurisdiction shall be komro s place of business, unless the statutory provisions stipulate another specific jurisdiction.