Terms and Conditions of use for the free of charge WIFI Laesquina

1. These terms of use cover your, and Laesquina rights
and responsibilities, relating to the use of our guest Wi-Fi access.
2. (1) We will provide you with free access to the Internet on our business premises in the
form of a Wireless LAN connection (“Hotspot”).
(2) Provision of the hotspot is subject to our technical and operational capabilities at any
given time. There is no entitlement to a working hotspot, nor to any particular signal
range.
(3) Furthermore, we do not guarantee that the hotspot will be free of disruptions or
outages. Nor can we provide a guarantee of network speed.
(4) We reserve the right to interrupt, curtail or suspend access without prior notice due to
essential maintenance and repair work.
(5) There is no entitlement to use particular services via the hotspot. As such, some ports
in particular may be blocked. In general, surfing on the Internet and sending or receiving
emails is normally enabled.
3. (1) We provide our guest Wi-Fi access exclusively for use by visitors to our Bar Restaurant. It is not a publicly accessible telecommunications service, but an internal Wireless LAN for our
guests.
(2) The prerequisite for usage is that you first social login - register to use the hotspot and/or accept these terms and conditions when starting to use the hotspot. This can usually be done via
an online login form or welcome page, after selecting the hotspot as a Wi-Fi
network on your end device.
(3) There is no entitlement to use the hotspot. We are at liberty to limit or block access to
the hotspot at anytime without giving reasons.
(4) The current version of these terms and conditions, made available to you at the time
you register to use the hotspot, applies.
4. (1) Any login details that you enter in the course of registering (like e.g. username,
password, email etc.), must be kept confidential and protected from unauthorized third
party access.
(2) If you have been provided with login details, you must ensure that these are used
exclusively by you as User, in order to gain access to and use the hotspot. If facts or
circumstances arise that give reason to suspect that unauthorized third parties have
obtained or will obtain your login details, you must inform us immediately.
(3) As a User, you are liable for any use and/or other activity carried out with your login
details, according to statutory regulations.
5. (1) When using the service, any personal data entered by you must be truthful and
accurate.
(2) When using our hotspot, you are obliged to comply with currently applicable laws.
(3) Further obligations arising from other regulations defined in these terms of use, shall
remain unaffected.
6. The service is provided free of charge.
7. As our services are provided free of charge, we are not obliged to allow you use of the
hotspot. However every effort will be made to provide an uninterrupted service at all
times.
8. When using the hotspot, you are prohibited from any activities that contravene current
statutory law, infringe the rights of third parties or violate laws for the protection of
minors. In particular the following activities are prohibited:
▪ the uploading, distribution, offering or solicitation of content, services and/or
products that are fraudulent, pornographic, violate the Youth Protection Act, the
Data Protection Act and/or any other laws;
▪ the publication or making accessible of content that is offensive or defamatory to
other users or third parties;
▪ using, supplying or distributing content, services and/or products, that are legally
protected or subject to third party rights (e.g. copyright), without express permission;
▪ making publicly available works that are protected by copyright, or other copyrightinfringing
activities, in particular via the use of internet exchange platforms or filesharing
services;
Furthermore, irrespective of any possible contravention of the law, when uploading
content on the Internet page of the service provider, or when communicating with
other users (e.g. by sending personal messages, participating in discussion forums
etc.) the following activities are prohibited:
▪ the bulk transmission of large volumes of data and in particular their sustained
transmission;
▪ hosting a web server or any other kind of server through use of a hotspot of the
service provider;
▪ changing the default DNS servers in the network settings of the hotspot of the
service provider;
▪ sending junk or spam mails as well as chain letters;
▪ the distribution of viruses, Trojans or other malicious files;
▪ the distribution of offensive, indecent, sexual, obscene or defamatory content or
communication, as well as any content or communication that could be used to
endorse or promote (whether explicitly or implicitly) racism, bigotry, hatred, physical
violence or illegal activities;
▪ requesting other users or third parties to reveal their passwords or personal data for
commercial or unlawful/illicit purposes;
Also prohibited is any activity that may serve to impair the smooth operation of our
hotspot, in particular anything that puts an excessive load on our systems.
9. We may block user access to the hotspot temporarily or permanently if we have concrete
grounds for suspecting that you are, or have been, in violation of these terms of use
and/or applicable laws, or if we have any other legitimate reason to block access.
10. (1) As a User, you are fully responsible for all your activities related to the use of the
Internet via our hotspot.
(2) You hereby indemnify us on first request, from all third-party claims against us due to
the user’s infringement of statutory regulations, claims made due to infringement of third
party rights (in particular personal, copyright, and trademark laws) or infringement of
contractual obligations, warranties or guarantees, including any legal defense expenses
(legal fees and costs at the statutory rate).
(3) In the event of claims arising, as outlined in paragraph 10 section 2, you are obliged to
cooperate immediately and fully with the fact finding process, and make readily available
to us any information required.
11. (1) We will assume unlimited liability for all damages caused by us due to willful intent or
gross negligence.
(2) In the case of light negligence, we will assume unlimited liability in the event of
damage to health, personal injury, or death.
(3) Otherwise, we will only assume liability if we have breached essential contract terms.
Essential contract terms are generally defined as conditions sine qua non for the due and
proper fulfillment of this agreement, and which the user can normally count on being
satisfied. In these cases, liability is limited to compensation for foreseeable damages,
typical for the contract.
(4) Insofar as our liability is excluded or limited according to the aforementioned
regulations, this also applies to our representatives or vicarious agents.
(5) Liability according to product liability law shall remain unaffected.
12. (1) We shall ensure that your personal data will only be collected, stored and processed to
the extent necessary for providing any contractually agreed services, and as permitted or
required by law.
(2) In the course of using our services, should you be asked for declarations of consent
according to Privacy Law, you will be informed that you can rescind these anytime with
prospective effect.
(3) In order to provide you with hotspot services, personal data from your end device is
required. This means that the MAC addresses of end user devices may also be
temporarily stored. Furthermore, we may keep log files for up to 7 days recording the
nature and amount of use. These data cannot be traced back to you personally.