The following General Terms of Use govern the use of the open guest WLAN (hereinafter referred to as "WLAN") in the District Office of Ludwigsburg, Hindenburgstraße 40, 71638 Ludwigsburg and the affiliated branch offices by its visitors.
§ 1 General
(1) The contractual partners are the District of Ludwigsburg, represented by the District Administrator (hereinafter referred to as "Operator") and the respective users of the WLAN (hereinafter referred to as "Guest/Guests").
(2) By clicking the "Accept" button, guests accept the General Terms and Conditions of Use, take note of the Privacy Policy and consent to the processing of their personal data. Clicking the "Accept" button is a prerequisite for using the WLAN. The General Terms of Use and the Privacy Policy can be accessed at any time on the homepage of the district administration at https://www.landkreis-ludwigsburg.de/de/nutzungsvereinbarung-wlan/.
(3) Access to the WLAN requires a WLAN-capable, operational terminal device. Furthermore, the terminal device must have a suitable operating system and a suitable Internet browser and must have up-to-date software drivers and a corresponding IP network protocol. The fulfillment of these usage requirements is the sole responsibility of the guest.
(4) The operator endeavors to use web filter systems to regulate access to content that is harmful to minors or otherwise illegal. However, the operator is under no obligation to do so, nor is the guest entitled to do so. The same applies to content and services that restrict or jeopardize the availability or technical security of the infrastructure offered.
(5) The use of the WLAN provided by the operator is exclusively subject to the provisions of these General Terms of Use.
§ 2 Service description
(1) The operator shall provide the guest with free access to the Internet on the premises of the District Office using wireless technology (Wireless Local Area Network "WLAN") within the scope of its technical capabilities. The operator has no corresponding obligation towards the guest.
(2) Uninterrupted, trouble-free Internet access is not guaranteed. In particular, it is possible that Internet access may be temporarily unavailable or only available to a limited extent.
(3) The operator merely provides access to the use of Internet content. It bears no responsibility for the content that can be used via the Internet.
§ 3 Rights of the operator
(1) The operator is entitled to change, restrict or temporarily or permanently discontinue Internet access at any time without prior notice.
(2) The operator is entitled to permanently deny Internet access to guests who violate these General Terms and Conditions of Use.
§ 4 Duties and obligations of the guest
(1) The guest is obliged to protect the Internet access provided by the operator from unauthorized access by third parties. To this end, it is the guest's responsibility to protect the end devices registered by him from unauthorized access by third parties.
(2) The guest may only use the Internet access provided by the operator within the framework of the applicable laws, regulations and other provisions. Illegal or improper use is explicitly prohibited. This includes in particular
a) The use, 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.
b) Publishing or making available content that insults or defames other persons or third parties.
c) the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so, in particular when using so-called "Internet file-sharing networks" or file-sharing services.
(3) Irrespective of § 4 para. 2, the following activities are prohibited when using the Internet access provided by the operator:
(a) placing a disproportionate load on the operator's systems that impairs the smooth operation of the hotspot (for example, transferring large amounts of data through video streaming, etc.).
(b) hosting a web server or other server by using the operator's WLAN.
(c) Manipulating the network components of the operator's WLAN.
(d) Sending spam mails or using the WLAN for commercial purposes (e.g. sending advertising) or illegal purposes.
(d) the dissemination of false reports (fake news).
(e) the distribution of viruses, Trojans, malware and other harmful files.
(f) the dissemination or communication of lewd, offensive, sexually explicit, obscene or defamatory content or content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts.
(4) The guest is obliged to cooperate immediately and fully in clarifying the facts in the event of abuse or other allegations of illegal Internet use reported by the operator or the assertion of claims against him or third parties and to provide the operator with the necessary information in a suitable form.
§5 Exemption from liability
(1) The guest is responsible for all actions taken in connection with the use of the WLAN provided by the operator.
(2) The guest shall indemnify the operator against all claims by third parties that are based on unlawful use of the Internet access by the guest or with the approval of third parties or that arise in particular from data protection, copyright or other legal disputes associated with the use of the Internet access provided by the operator. If the guest recognizes or must recognize that such a violation is imminent, he must inform the operator immediately.
§ 6 Liability
(1) The operator shall be liable to the guest without limitation for damage to life, limb or health and for damage caused by the operator intentionally or through gross negligence.
(2) The operator shall have no further liability towards the guest.
(3) These liability provisions also apply to vicarious agents of the operator.
§ 7 Data protection
(1) The operator shall ensure that no personal data of the guest is processed.
§ 8 Final provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) If the guest is a merchant, a legal entity under public law or a special fund under public law, Ludwigsburg shall be the exclusive place of jurisdiction for all disputes in connection with these General Terms and Conditions of Use.
(3) Should individual provisions of these General Terms and Conditions of Use be or become invalid, this shall not affect the validity of the remaining provisions.
