Terms of Use (KUCERA WiFi)

1. Subject 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 (KUCERA WiFi).

2. Our services

(1) We provide you with access to the Internet in the form of a WLAN access (“Hotspot”) in our business premises for free use.

(2) The provision of the Hotspot is based on our respective technical and operational possibilities. There is no claim 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 interruption or disruption. Nor can we guarantee transmission speeds.

(4) We reserve the right to change, restrict or suspend access to the hotspot in the event of necessary technical repair and maintenance work without prior notice.

(5) There is no right to claim that certain services can be used via the hotspot. In particular, port blockings can be made. 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 of our company. It is not a publicly accessible telecommunications service, but an internal WLAN for guests of our company.

(2) Prerequisite for use is that you register for the use of the hotspot beforehand or accept the validity of these terms of use at the beginning of the use of the hotspot. This is done by selecting the hotspot as a WLAN network in the terminal device.

(3) There is no right to use the hotspot. We are free to restrict or terminate access to the hotspot at any time without giving reasons.

(4) The respective current version of these terms of use 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 this data secret and not make it available 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 there are facts that give reason to assume that unauthorised third parties have obtained or will obtain knowledge of your access data, you must inform us immediately.

(3) As 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 obliged to make any information you provide about yourself in the course of using the Service truthful.

(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 remain unaffected.

6. Prices

The service is provided free of charge.

7. Availability of the services

Since our services are provided free of charge, you have no right to use the hotspot. However, we try to ensure that the hotspot can be used without interruption.

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, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
the publication or making available of content by which other participants or third parties are insulted or defamed;
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;
the making available to the public of works protected by copyright or other acts in breach of copyright, in particular when using so-called “Internet file sharing networks” or file sharing services.

Furthermore, regardless of a possible violation of the law, the following activities are also prohibited when posting one’s own content on the Service Provider’s website and 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 continuous transmission of such amounts of data
  • the hosting of 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 mails and chain letters;
  • the spreading of viruses, Trojan horses and other harmful files;
  • the distribution of offensive, sexually-oriented, obscene or defamatory content or communication as well as such content or communication that is suitable to promote or support (explicitly or implicitly) racism, fanaticism, hatred, physical violence or illegal activities;
  • request other users or third parties to disclose passwords or personal data for commercial or illegal 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. Blocking of access

We may temporarily or permanently block your access to the Hotspot at any time if there are concrete indications that you are or have been in breach of these Terms of Use and/or applicable law or if we have any other legitimate interest in blocking.

10. Release from liability

(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 from all claims that third parties assert against us due to a violation of legal regulations by the user, against the rights of third parties (in particular personal rights, copyrights and trademark rights) or against contractual obligations, assurances or guarantees, including the costs of the necessary legal defence (legal fees and court costs in the statutory amount) upon first request.

(3) In the event of the assertion of claims within the meaning of No. 10 (2), you shall be obliged to cooperate immediately and completely in clarifying the facts of the case and to provide us with the necessary information in a suitable manner.

11. Limitation of liability

(1) In the event of intent or gross negligence, we shall be liable without limitation for all damages caused by us.

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

(3) Apart from this, we shall only be liable insofar as we have breached an essential contractual obligation. In this context, essential contractual obligations are abstractly defined as those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damages.

(4) As far as our liability is excluded or limited according to the aforementioned regulations, this also applies to our vicarious agents.

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

12. 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, legal entity under public law or 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.

Privacy Police

(1) Our data protection regulations apply, which you can view here.

(2) In addition we would like to point out the following:

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

(b) 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 temporarily stored. In addition, we may store log data (“log files”) on the type and scope of use of the services for no more than 30 days. This data cannot be directly assigned to your person.