General Terms and Conditions of use for the WLAN service "SWU-WLAN" provided by SWU TeleNet GmbH - SWU FreeWiFi

SWU TeleNet GmbH provides users with a free WLAN service with restricted Internet access at the SSID "SWU_FreeWiFi". You are permitted to use the WLAN service once you have accepted the following terms and conditions of use.

1. Contractual Partners

The contractual partners are SWU TeleNet GmbH (hereinafter known as "SWU TeleNet"), Bauhoferstr. 9/1, 89077 Ulm and the respective User.

2. Subject-matter

Together with the German Telecommunications Act (TKG), the following WLAN terms and conditions of use govern the use of the WLAN network provided by SWU TeleNet (hereinafter known as "SWU-WLAN") by the respective user. SWU-WLAN is an internet service product supplied by SWU TeleNet for providing access to the World Wide Web, which SWU TeleNet is offering as a special customer service within the SWU site.

SWU TeleNet is offering the SWU-WLAN by way of an unencrypted free internet access (SWU FreeWiFi).

3. Preconditions and term of use oft he WLAN

A precondition for use of SWU FreeWiFi is recognition of these WLAN T&Cs.

Procedure for linking up with the WLAN:
An operational terminal having a WLAN compatible interface on which a suitable operating system, a web browser, the current driver software of WLAN hardware and the relevant IP network protocol have been installed and the system configured as a DHCP Client will be required to use SWU FreeWiFi. It shall be the User’s responsibility to satisfy these preconditions for use.

Once the terminal has found the named WLAN networks under Settings → WLAN, the User may search the WLAN sought by tapping and creating the link. The next step is starting up the web browser.

By clicking the Next button in the web browser the User recognises these WLAN terms and conditions of use.

Hours of use: One hour is allowed at the SWU FreeWiFi.

4. Scope of performance

SWU TeleNet shall render the following performances within the existing technical and operational options:

Internet access: SWU TeleNet enables the User to access the Internet via the SWU FreeWiFi. The User recognises that, the transmission speeds during use will depend, inter alia upon the network utilisation of the Internet-Backbones, on the transmission speed of the server selected by the respective content provider and on the number of users at the respective SWU FreeWiFi-Hotspot. SWU TeleNet offers SWU FreeWiFi for tasks such as the active use of the User’s e-mail function and immediate data transfer and surfing in the Internet as part of normal individual usage patterns.

The provision of SWU FreeWiFi shall be determined by the respective technical and operational options SWU TeleNet has. No guarantee will be given that uninterrupted access will be possible at all times without disruption or that a specific internet speed will be provided. SWU TeleNet shall not be obliged to provide access at the respective SWU-WLAN - Hotspot. SWU FreeWiFi may be adversely affected by geographic, atmospheric or other conditions (for example shadowing) or circumstances beyond the control of SWU TeleNet.

SWU TeleNet is systematically involved with the refinement and improvement of its own product and service portfolio, which is designed to cater for the individual ideas and requests of the User. With reference to the Best-Practice method for the industry advocating active service management, SWU TeleNet committed itself at an early stage to identifying potential risks and to creating suitable solution concepts to master them. If you should nevertheless come across technical problems, please contact SWU TeleNet via the following e-mail address: telenet@swu.de.

SWU TeleNet shall reserve the right to modify, restrict or to stop SWU FreeWiFi or individual SWU-WLAN-Hotspots without prior notice if technical repairs and service work become necessary.

5. Security of data transmission

Data transmission within the SWU-WLANs and to the Internet shall be unencrypted via SSID (Service Set Identifier) “SWU_FreeWiFi”. Consequently it cannot be ruled out that third parties may obtain unauthorised access to data transmitted by the User. The User recognises that SWU TeleNet shall not guarantee on the basis of the type of service that SWU FreeWiFi is protected against illegal access or use. SWU TeleNet can therefore not be held liable for the event that information and data transmitted by the User via the SWU FreeWiFi and/or the Internet, being seen, intercepted or amended by third parties, or that information comes from the alleged sender or reaches the intended recipient. Consequently the User shall have to take his own appropriate security measures or refrain from sending sensitive data.

6. The User’s duties and obligations

Every User shall be obliged to comply in particular with the following duties:

The User hereby states that he will not break any laws when using the WLAN service.

The transmission of above-average data volumes and in particular the prolonged transmission of such data volumes is not allowed.

It is forbidden for the User to host a web server or other server by using the SWU-WLAN-Hotspot.

It is forbidden for the User to attempt to access as well as to actually access the user account of another user without his permission, to send unsolicited messages in any electronic format or to send information to third parties for advertising purposes (Spamming), to record personal information of third parties without authorisation, to penetrate data networks without authorisation, to adversely affect other SWU-WLAN-Hotspot users as well as to send files or file attachments with malicious software (for example dial-up software, viruses etc.).

It is forbidden for the User to offer works protected by copy right for sale in exchanges, or to sell them by other means.

When accessing content or software which is the property of third parties or passed over by third parties on licence, and which requires specific terms and conditions of use to be fulfilled, the User shall be obliged to fulfil them.

The User must not disseminate any information with illegal or immoral content. This includes above all information which, within the meaning of Sections 130, 130a and 131 of the German Penal Code [StGB] serves to incite people, urges others to commit crimes, glorifies or trivialises violence, which is sexually repulsive, which is pornographic within the meaning of Section 184 of the German Penal Code [StGB], which is capable of corrupting children or young people or being detrimental to their well-being or which could be harmful to the reputation of SWU TeleNet or which is illegal contract within the meaning of Section 238 of the German Penal Code [StGB] (so-called stalking).

The provisions of the German State Treaty for the Protection of Minors in the Media and the German Protection of Young Persons Act are to be observed.

It is forbidden for the User to enter his own DNS server in the network settings of the SWU-WLANs with the aim of using it for purposes other than for deleting a DNS input.

It is forbidden for the User to damage SWU-WLAN or to otherwise impair it or to interrupt access to the SWU-WLAN or to an individual SWU-WLAN-Hotspot or to do anything which could be detrimental to or interrupt the function of the SWU-WLANs or an individual SWU-WLAN-Hotspot.

SWU TeleNet shall reserve the right to block a User’s access to a SWU-WLAN-Hotspot at his expense if the User breaches the duties incumbent upon him in a substantial and persistent manner.

7. Responsibility for the content of transmitted data

The User shall be personally responsible for all content he transmits via SWU FreeWiFi or which he disseminates by other means (E.g. also per E-mail, newsgroups, chat-services) to SWU TeleNet and the persons concerned. This shall also apply for content which is transmitted and / or disseminated by third parties via SWU FreeWiFi access used by the User and the User is responsible for this. The contents shall not be checked by SWU TeleNet.

The User shall exempt SWU TeleNet and its assistants from all third party claims based upon the use of the SWU-WLAN Hotspot network contrary to one of these WLAN provisions of use or other illegal use of the SWU-WLAN-Hotspot and the services associated with it by the User or with his approval or which arise in particular from data protection law, copyright law or other legal disputes connected with the use of the SWU-WLAN-Hotspot by the User. If the User recognises or should recognise that such a breach is impending or has taken place, he shall be obliged to inform SWU TeleNet of this straight away.

8. Use by third parties

The User is not allowed to pass over his access data for the SWU-WLAN commercially or by other means for a fee to third parties. The User shall have to bear the costs and shall be responsible for all third party claims arising as a result of unauthorised use of the SWU-WLANs by third parties, if and to the extent that the Use is responsible for such use.

9. Liability

The User expressly recognises that the use of the SWU-WLAN-Hotspot and surfing in the Internet take place at his own risk.

When rendering telecommunications services, SWU TeleNet shall only be liable for property damage not caused intentionally up to the sum of 12,500 € per end user. If the obligation to pay compensation for damages arises as a result of a uniform act or as a result of a uniform event causing damage to more than one end user and if this is not based upon intent, the obligation to pay compensation for damages shall consequently be limited to 10 million € regardless of the limit in Sentence 1. If the compensation which has to be paid to more than one damaged party as a result of the same event exceeds the maximum limit, the compensation shall consequently be reduced in proportion to the total of all compensation claims for damages to the maximum limit.

The limitation of liability in Sentences 1 to 3 shall not apply for claims for the compensation for damages caused as a result of delay in payment.

SWU TeleNet shall be liable without limit for culpably caused damages resulting from loss of life, personal injury or physical harm. SWU TeleNet shall be liable without limit for property damage and financial losses outside the scope of application of Number 1 if it is guilty of intent or gross negligence. Otherwise, SWU TeleNet shall only be liable if it culpably breaches important contractual obligations, whereby liability is limited to foreseeable damage typical for the contract. An important duty is one which enables the contract to be executed properly in the first place, the breach of which places the achievement of the contractual objective at risk and upon whose compliance the User may normally rely.

Liability under the German Product Liability Act shall likewise not be affected as will the liability for maliciously concealed defects or as part of a furnished guarantee.

SWU TeleNet shall be liable for the loss of data if it is guilty of ordinary negligence subject to the preconditions that, and only to the extent of Paragraph 2 of this number, in so far as the User has backed up his data in a suitable way at reasonable intervals with regard to the respective use, so that this can be restored at reasonable cost.

SWU TeleNet can not be held liable for any other damages.

10. Data Protection

SWU TeleNet shall undertake to obey the laws in force and legal regulations to protect privacy and / or data protection when collecting, processing, saving, transmitting and / or deleting data.

SWU TeleNet assures that it shall not use or disclose information received from the User contrary to the laws or legal regulations in force, unless this is demanded in writing from a German court, a German criminal prosecution authority or by an executive body of the German intelligence service against subversive activities.

Under no circumstances shall SWU TeleNet limit, monitor, record or save data traffic, unless this is necessary under the laws in force or legal regulations or if it is necessary for fulfilling the obligations in conjunction with this agreement or if it is absolutely essential to operate the SWU-WLAN-Hotspot or to keep it going.

11. Changes in the WLAN Terms and Conditions of Use

These WLAN terms and conditions of use may be amended by SWU TeleNet, provided that important regulations in the contractual arrangement are not affected and that this is necessary to adjust to developments which could not have been foreseen when the contract was signed and not taking them into account would upset the balance of the contractual arrangement considerably. Important regulations are in particular those concerning the type and scope of the contractually-agreed performances and duration.

Moreover, adjustments or supplements to these WLAN terms and conditions of use may be made, provided that this is necessary to eliminate difficulties in executing the contract as a result of gaps in the regulations arising after registration or the allocation of access data. This may in particular be the case if the law changes and one or more clauses of these WLAN terms and conditions of use are affected as a result.

The announcement of changes in these WLAN terms and conditions of use shall be effected by putting them in the SWU TeleNet portal. The changes shall be regarded as having been accepted by the User, unless he submits an objection in writing within two weeks from announcement to SWU TeleNet GmbH (to be sent by post to Bauhoferstr. 9/1, 89077 Ulm or by E-mail to telenet@swu.de.). SWU TeleNet shall expressly point out to the User the legal consequences of failing to raise an objection in the E-mail notifying him of changes in these WLAN terms and conditions of use. In the event of an objection being raised by the User, the last WLAN terms and conditions of use of which the User was aware shall continue to apply.

12. Other Provisions

If the User intends in the event of a dispute with SWU TeleNet in connection with using the SWU-WLANs about the cases stated in Section 47a of the German Telecommunications Act [TKG] to call in an arbitration procedure at the German Federal Network Agency, he shall have to submit an application for this to the German Federal Network Agency in Bonn.

In the event of a dispute, the User and SWU TeleNet shall be obliged, to reach an amicable solution without calling in a court. In the event an agreement does not materialise, the place of jurisdiction shall be the courts where SWU TeleNet has its principal place of business, unless the statutory regulations provide for another specific place of jurisdiction.

Subject to German law.


Terms and Conditions of use

The User hereby states that he shall not break any laws when using the WLAN service.