Terms and Conditions for the use of the free Wi-Fi in Munich
1. Subject of Use
1.1 The following Terms and Conditions govern the use of M-WLAN provided by SWM Services GmbH (hereinafter referred to as „SWM“), Emmy-Noether-Straße 2, 80992 München (commercial register HRB 126674, local court of Munich) in Munich.
1.2 SWM provides to the visitors (hereinafter referred to as “the User”) the M-WLAN free of charge.
1.3 Terms and Conditions of the User shall not apply; even if SWM does not expressly object to such Terms and Conditions.
2. Services of SWM
2.1 The User, within the bounds of what is technically and operationally possible, shall gain access to the internet by SWM. By means of the WLAN-technology data will be transferred in a wireless manner between the M-WLAN and the WLAN-enabled terminal device of the User. The transmission rate during use depends, inter alia, on the capacity utilization of the internet backbone, on the transmission rate of the accessed server of the selected content provider and of the number of users. The use of M-WLAN requires an operational terminal device (e.g., laptop, smartphone, e-book, etc.) with a WLAN-enabled interface conforming to IEEE 802.11n. Furthermore, a suitable operating system, a web-browser, the latest driver software for the WLAN hardware and a corresponding IP network protocol must be installed.
2.2 SWM does not ensure a specific minimum bandwidth. The frequency range used by the WLAN is license-free and is used for various purposes (i.e. Bluetooth). No guarantee can be given that the data communication will be free of interruptions or will have a minimum quality. Due to the technical breakdown susceptibility of WLAN, the User shall have no right to claim access to the internet.
2.3 After 1 hour, the internet access via M-WLAN will be terminated automatically. In case of inactivity, the access will be terminated after 10 minutes for security reasons. Inactivity means that no communication takes place between the terminal device and the M-WLAN. The internet access will also be terminated after 10 minutes if the internet connection has not been terminated in an orderly manner (by using the logout button in the M-WLAN portal).
2.4 The User shall have no right to claim the usage of M-WLAN.
3.1 The wireless data transfer between M-WLAN and the WLAN-enabled terminal device of the User will be done unencrypted. As a result, unauthorized third-party access to the data transmitted via the WLAN cannot be ruled out. Security software (i.e. VPN software) should be used for the transfer of sensitive data.
3.2 The User uses M-WLAN at its own risk. The User himself shall be responsible for any damages caused by the use of M-WLAN, in particular for damages to his hardware or software and for damages due to the loss of any data.
4. Obligations of the User
4.1 The User has the following obligations:
4.1.1 The services of SWM may not be misused. The User shall refrain, in particular,
– from sending unsolicited messages or information to third parties for advertising purposes (spamming);
– from using M-WLAN to attempt unauthorized access to information and data or unauthorized intrusion on data networks;
– from using M-WLAN for the automatic, unauthorized and hidden transfer of executable routines (e. g. spyware, dialers, etc.) onto computers of other users;
– from infringing any rights of third parties, in particular copyrights and trademark rights; and
– from disrupting, modifying or impairing M-WLAN or any other networks.
4.1.2 Illegal or immoral information may not be disseminated. This primarily concerns information, which, within the meaning of Articles 130, 130a and 131 of the German Criminal Code (Strafgesetzbuch), promotes sedition, leads to criminal offences or glorifies or trivializes violence, is sexually offensive, is pornographic within the meaning of § 184 German Criminal Code, is apt to seriously endanger the moral welfare of children or juveniles or affect their general welfare, or that could damage the reputation of the City of Munich or SWM. The provisions of the State Treaty for the Protection of Minors in the Media (Jugendmedienstaatsvertrag) and the Youth Protection Law (Jugendschutzgesetz) shall be complied with.
4.1.3 It is incumbent upon the User to activate a special security configuration for his software settings to protect data transmissions against third-party access.
4.2 The User indemnifies SWM and its agents from any claims third parties may have due to an unlawful use of M-WLAN and the services connected to M-WLAN by the User or approved by the User or which result from any data protection law disputes, intellectual property law disputes or any other legal disputes linked to the usage of M-WLAN. If the User realizes or can be expected to realize that a violation of this type is about to occur, he shall be obligated to notify SWM without undue delay.
4.3 If the User violates his obligations considerably and durably, SWM may immediately block such User’s access to M-WLAN.
5. Content responsibility
5.1 The User himself shall be responsible vis-à-vis SWM and third parties for the content he retrieves or posts via M-WLAN or that is disseminated by him in any manner whatsoever.
5.2 SWM only provides an access to the internet. The contents retrieved via this access shall not be subject to any checks by SWM, in particular not for harmful software (e.g. viruses). As far as not expressly designated otherwise, all contents used by the User via M-WLAN shall be third party contents within the meaning of Section 10 of the Tele Media Act (Telemediengesetz).
6.1 The liability of SWM for any financial losses shall be governed by the provisions of the Telecommunications Act (Telekommunikationsgesetz).
6.2 For any other damages SWM shall only be liable in cases of intent or gross negligence or cases of death, injury or detriment of health, or liability in conjunction with breaches of major contractual obligations. Compensation for damages due to the violation of major contractual obligations shall be limited, however, to damages which are foreseeable any typical for such type of contract.
6.3 German law applies.