WiFi Usage Terms

English Version

Stadtwerke Feldkirch provides each user with WLAN (WiFi) access in selected public places in the City of Feldkirch within the scope of its technical, operational and commercial possibilities. The user requires a WLAN-compatible terminal equipment for this purpose. The use of this service is subject to the following terms:

 

1. The service is offered free of charge and may be revoked at any time; it may be modified, restricted or terminated at any time without prior notice.

2. The duration of each is limited in time. Technical or organisational support cannot be offered.

3. With the WLAN provided, signal reach, data transmission capacity and thus transmission speed depend on the distance of the user’s terminal in question to the relevant access point, the architectural features of the user’s particular location, the total number of current users, the technical features of the user’s terminal equipment as well as other circumstances and influences. Disturbances cannot be excluded. Stadtwerke Feldkirch cannot guarantee disturbance-free operations.

4. Secured entry occurs via a homepage. The following data traffic is unencrypted.

5. The prerequisite for use is a WLAN-compatible terminal equipment (minimum standard IEEE802.11b) as well as an internet browser.

6. The user consents to having Stadtwerke Feldkirch store or evaluate the technical aspects of the user’s terminal equipment (e.g. MAC address, IP address, equipment type, etc.) for purposes of troubleshooting and/or adjustment of the transmission bandwidth.

7. The user confirms with the confirmation of these WLAN Usage Terms that he/she has reached the age of 18 years.

8. The service has been set up on a “best efforts basis”, meaning that Stadtwerke Feldkirch cannot assume any guarantee for the availability of the service or the contents offered.

9. Access to the internet is made possible via the WLAN. This access is likewise being provided free of charge but is subject to the following conditions, in addition to the Terms cited above:

9a) Internet access is conceptualised as an additional service; it is therefore deliberately restricted in regard to the duration of its use, the contents accessible and the transmission bandwidth.

9b) Internet access has also been set up on a “best efforts basis”, meaning that Stadtwerke Feldkirch does not assume any guarantee for availability of the service and the contents offered. There is no legal claim to usage.

9c) With respect to the limited transmission capacity due to the access medium the user will be under an obligation to fair use of access and thus to avoid multimedia services and other data-intensive services and applications. Moreover, the transmission speed per user is restricted by the system. There is no right to a guaranteed, high transmission speed.

9d) To protect users and avoid abuse, Stadtwerke Feldkirch reserves the right to restrict the contents and services accessible via the internet access by means of content filters (blocking lists, “blacklist”). There is no right to access specific webpages.

9e) Calling up webpages with illegal contents or dissemination of illegal or legally protected contents is prohibited. Any additional abusive use of the internet access, in particular such as may be detrimental to the reputation of Stadtwerke Feldkirch or the City of Feldkirch or which may entail negative consequences for Stadtwerke Feldkirch or the City of Feldkirch or for third parties is prohibited.

9f) Stadtwerke Feldkirch do not assume any liability for the accuracy and completeness of information contents on the webpages retrieved or the files downloaded from the internet. Stadtwerke Feldkirch bar liability claims, where this is legally allowed, including for any imaginable consequential damages such as, in particular, infection with viruses, spyware, etc. which may result from use of the internet access. The user must explicitly take note that Stadtwerke Feldkirch merely makes internet access possible but that no virus protection or other measures to protect the user are included. Liability is likewise expressly barred for Stadtwerke Feldkirch for flaws in the services made available and/or the services performed as well as for any loss of data.

9g) The user must assume responsibility that the terminal equipment he/she uses and the software installed thereon are free of viruses and other malware programmes. The user must fully compensate Stadtwerke Feldkirch for any direct or indirect damages caused by breaches hereof.

9h) Stadtwerke Feldkirch does not provide any guarantee that use of the WLAN or access to the internet via the WLAN is secured against access by third parties to the user’s data stored on his/her terminal equipment or transmitted by the user in connection with its use.

9i) The user is forbidden to use the internet access for improper purposes, or allow it to be so used, or to use the internet access to perpetrate illegal and/or punishable acts. He/she is in particular obliged to abstain from interfering with the telecommunications network, from producing chain letters, prohibited advertising transmissions (spam) or other harassment messages, and/or forwarding them. The user is furthermore expressly forbidden to disseminate pornographic texts or presentations as well as propaganda material of banned organisations, to publicly incite punishable offences or threaten criminal acts, to engage in advertising for terrorist organisations, to provide instructions for criminal acts, incite racial hatred, disseminate presentations of violence or to use the medium for insulting remarks or other illegal or immoral contents. The user is in particular also obliged to comply with regulations for the protection of young people.

10. Should Stadtwerke Feldkirch be subject for any reason to third-party claims over the use of WLAN access including the internet access made possible thereby, then the user, where the latter’s actions in using it are the cause of such claims, is obliged to indemnify Stadtwerke Feldkirch for all such claims.

11. In case of breach, or suspicion of breach, of these Usage Terms, Stadtwerke Feldkirch reserves the right at any time to suspend and indefinitely block access to the information service or the internet access for the user in question without indicating any reasons for doing so for an indefinite period of time.

12. Should one or more of these Usage Terms be or become void of legal effect, the validity of the remaining provisions of these Usage Terms will not be impaired thereby.

13. Austrian law applies. For all legal disputes resulting from contractual use, including legal disputes regarding the validity or lack of validity of these Usage Terms, the court with substantive jurisdiction over 6800 Feldkirch, Austria, is agreed as the sole court of jurisdiction. Application of the UN Convention on the International Sale of Goods (CISG) is barred.

14. By clicking on the corresponding field, the user declares that he/she has carefully read and understood these Usage Terms and further declares himself/herself in complete agreement with them.

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