Download Service-Handbuch RAD + OUTDOOR 2014

WLAN | WIRELESS LANGeneral Terms of Use for InternetAccess via the WLAN (wirelessnetwork) of MESSEBREMEN (as per April 2012)Preliminary note:MESSE BREMEN permits the exhibitionorganizer (hereinafter calledthe “Organizer”) the use ofMESSE BREMEN’s network structuresfor the purpose of internetusage via the WLAN (wireless network).The exhibition organizer isfor his part entitled to enableWLAN usage to individual exhibitionparticipants (hereinafter called“Participant”). The following termsapply to the usage of MESSEBREMEN’s WLAN in relation toboth the Organizer and the Participant:1. Terms of use1.1. Terms of use betweenMESSE BREMEN and the OrganizerUse of the WLAN in the eventrooms of MESSE BREMEN duringthe execution of the exhibitionconcerned is agreed on betweenMESSE BREMEN and the Organizeron the basis of a separately signedagreement for a charge /free of charge.1.2 Terms of use between theOrganizer and the ParticipantThe terms of use between the Organizerand the Participant comeinto effect either by the handingover of the access entitlementprovided to the Organizer/Participantor through the first Login at aWLAN access point (hereinaftercalled “Access Point or AP”) withthe access data and activation ofthe WLAN access as provided byMESSE BREMEN (hereinafter called“Portal Mode”) or through theentry of a password in a WLANenabled end device given to theParticipant by MESSE BREMENor the Organizer (hereinafter called“Exhibition Mode”).As the access provider, MESSEBREMEN only enables the Organizer/Participantaccess to theinternet without checking the informationprovided or retrieved bythe Organizer/Participant. Authentificationof the Participant withinthe WLAN is via the access dataof the Organizer/Participant in thePortal Mode.2. Obligations of MESSE BRE-MENMESSE BREMEN provides thefollowing services under the existingtechnical and operationalpossibilities:2.1. Access to the InternetMESSE BREMEN allows the Organizer/Participantaccess to theInternet via the WLAN for wirelessuse of the Internet. WLAN technologyenables wireless data transmissionbetween the wirelessaccess point (AP) of MESSEBREMEN and the WLAN enabledend device of the Organizer/Participant.The transmission speedduring use is among other thingsdependent on the network load ofthe internet backbone, the transmissionrate of the selected serverof the respective content provider,and the number of users at theWLAN AP concerned.Wireless data transmission betweenthe WLAN AP and theWLAN enabled end device of theOrganizer/Participant is alwaysencrypted. Within the MESSEBREMEN meeting rooms the wirelessconnection is thus securedagainst access by third parties accordingto the current state of theart.The WLAN offer does not includea firewall or virus protection. Theuse of the Internet and the transmissionof data, in particular via aWLAN connection is thus associatedwith increased security risks.To ensure data traffic security,especially for the transmission ofsensitive data, the Organizer/Participantis recommended to use asuitable software (e.g. VPN software).MESSE BREMEN is not liablefor unauthorized access toinformation and data that is transmittedvia the WLAN connection,and which is due to inadequatesecurity measures on the part ofthe Organizer/Participant and/orincorrect use, except for as under4.1.2.2 Technical requirements forend devicesFor the use of the WLAN afunctioning end device (e.g. laptopor PDA) with a WLAN enabled interfacein accordance with IEEE802.11b or IEEE 802.11g is required.Furthermore, a suitable operatingsystem, web browser, thecurrent driver software of theWLAN hardware and a correspondingIP network protocol must beinstalled.In addition, the end device or itsoperating system must meet thelatest encryption standards. Fordevices that do not meet thesestandards, a wireless Internet accesscan only be provided on requestin exceptional cases, andwith explicit reference to the increasedsecurity risk of unauthorizedaccess by third parties to datatransmission.3. Obligations of the Organizerand the Participant3.1 The following obligationsshall apply to the Organizer andthe ParticipantMESSE BREMEN services maynot be used abusively, in particular- the Organizer/Participant mustrefrain from the unsolicited sendingof messages or informationto third parties for advertising purposes(spamming),- they are not to be used for attemptsto retrieve information ordata or for unauthorized intrusioninto data networks.- no executable routines (e.g. spyware,dialers, etc.) are to be automaticallytransferred and hiddenon computers of Internet userswithout authorization.- no information with illegal or immoralcontent may be disseminated.This mainly includesinformation that is used in thesense of §130, 130a and 131 ofthe Criminal Code for sedition, forencouraging crime or for glorifyingor trivializing violence, is sexuallyoffensive, is pornographic in thesense of § 184 of the CriminalCode, might morally endangerchildren or teenagers or affecttheir welfare, or harm the reputationof MESSE BREMEN. Theprovisions of the Youth MediaState Treaty and the Youth ProtectionAct are to be complied with.Personal access data may not bepassed to third parties and mustbe kept protected from access bythird parties.3.2 Legal consequences of violationsIf the Organizer and/or Participantviolates against their obligationspursuant to the above paragraph3.1, MESSE BREMEN is entitled -even in the case of a single caseof violation - to terminate withoutprevious notice and for goodcause the contractual relationshipwith the Organizer and/or to excludethe Participant who has violatedone of the obligations of 3.1above the use of the WLAN (ExhibitionMode), or to lock the respectiveconnection (PortalMode). Further, MESSE BREMENreserves the right to make claimsfor damages as well as to take criminalproceedings, in the event ofviolations against the obligationsin paragraph 3.1, 4. sub-sections.4. Liability of MESSE BREMENand indemnification obligationof the Organizer/Participant4.1 Liability of MESSE BREMENClaims for damages and reimbursementof expenses (hereinaftertogether called "claims for damages")made by the Organizerand/or the Participant againstMESSE BREMEN are excludedunless they are based on an intentionalor grossly negligent breachof its obligations on the part ofMESSE BREMEN, on an at leastnegligent breach of an essentialcontractual obligation, or on harmto the body, life or health of theOrganizer and/or the Participant.In the event of an at least negligentbreach of an essential contractualobligation the claim fordamages made by the Organizer/Participantagainst MESSEBREMEN is limited to contract-typical,foreseeable damage. Contract-typical/ foreseeable damageis that which is to be expected dueto violation of the obligation concerned.Essential contractual obligationsare those which enable orensure the fulfilment of the contract.Contract-typical/foreseeabledamage is that which is generally(typically) to be expected due toviolation of the obligation concerned.4.2 Indemnification obligation ofthe Organizer/ParticipantIf third parties make claimsagainst MESSE BREMEN on accountof actions or omissions thathave been committed or causedby the Organizer and/or Participantin the context of WLANusage the Organizer and/or theParticipant is obliged to indemnifyMESSE BREMEN in respect ofclaims made by that third partyupon first demand. Furthermore,the Organizer and/or Participanthas to reimburse to MESSE BRE-MEN all costs incurred in connectionwith the claim of that thirdparty.5. Content responsibilityThe Organizer and Participant arethemselves responsible to MESSEBREMEN and third parties for thecontent that is retrieved, added orin any way disseminated via theWLAN of MESSE BREMEN. Thecontents are not subject to inspectionby MESSE BREMEN.6. Place of jurisdictionAll claims and rights in relation toMESSE BREMEN that are connectedwith the use of MESSEBREMEN‘s WLAN are to be raisedexclusively before the Bremencity courts in so far as the Organizer/Participantis a registered trader.7. Written formChanges and/or additions to theseTerms must be in writing to be effective.This also applies to the repealand/or amendment of thiswritten form requirement8. Saving clauseIf any of the provisions containedin these Terms of Use and/or therespective contract of which theseterms of Use are a part are or becomeinvalid, this shall not affectthe validity of the remaining provisionsof these terms or respectivecontract. Instead of the invalidprovision, the parties shall agreeon a provision that is in its entiretyin accordance with the commercialintention or, should this not be legallypossible, that legally fulfilsthis intention to as large an extentas possible.D 20