[4] Die Freischalung erfolgt nur dann, wenn alle die hier nachfolgend zitierten Bestimmungen in vollem Umfang anerkannt und bestätigt werden, egal, ob sich auch gelesen wurden oder nicht:
Internet access (the “Service”) is provided to you as the end user customer (“Customer”) by Hospitality Network, LLC (“Hospitality”) and the owner or operator of the hotel from which you are accessing and using the Service. The Service is provided subject to the terms and conditions set forth in this Terms of Use (“the Terms of Use”).
By connecting to the Service, you are agreeing to the Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD CLICK ON THE “I DISAGREE” BUTTON BELOW AND REFRAIN FROM ATTEMPTING TO ACCESS THE SERVICE.
1. Customer Responsibilities:
a. Equipment. Customer is responsible for providing the necessary consumer equipment to use the Service, such as laptop or tablet and Wi-Fi enablement. Customer agrees that any equipment provided by Hospitality for the Service (the “Equipment”) is Hospitality’s property and Customer shall not sell, transfer, move, or remove the Equipment. Customer shall pay for the full retail cost for repair or replacement of any Equipment lost, damaged, stolen or removed from Customer’s room together with any costs incurred by Hospitality in obtaining or attempting to obtain possession of any such Equipment. Customer hereby authorizes Hospitality to charge Customer’s credit card or other payment method provided by Customer to the hotel or to Hospitality for any outstanding Service, Equipment, or other charges.
b. Charges (if applicable). If the Service is made available to you for a fee, you agree to pay all charges associated with the Service, including any daily or weekly rate and any other usage charges, taxes or surcharges. Customer hereby authorizes Hospitality to charge Customer’s credit card or other payment method provided by Customer to hotel or to Hospitality for any Service charges. Customer agrees that it is responsible for any charges incurred while using the Service to make purchases.
c. Content. The Internet is a public forum, and therefore some of the material posted on websites may be offensive to you. Hospitality provides access to the Internet but is not responsible for the content posted on third party sites. Customer is solely responsible for any content transmitted to and from Customer’s device through the Service, and Customer is responsible for taking appropriate precautions to prevent minors from receiving inappropriate content. Hospitality has no obligation to monitor content through the Service.
d. Viruses; Security Protection. Customer is responsible for virus and security protection for any Customer device connected to the Service. If Customer’s device is infected with a virus, this may result in damage to Customer’s software, hardware, files and theft of data. Customer should be aware that wireless transmissions are not always as secure as wireline transmissions, and Customer’s transmissions could be intercepted by unauthorized persons.
e. Data Backup. Customer is responsible for backing up all existing computer files by copying them to another storage medium prior to using the Service.
f. FTP/HTTP Server Setup. Customer should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other Service users and Internet users to gain access to Customer’s device. If Customer chooses to run such applications, Customer should take the appropriate security measures.
g. The Service is not intended for use in making 911 calls. Hospitality recommends that Customer not use over-the-top voice services, such as Skype or Vonage, to make 911 or other emergency calls using this Service.
2. Access to Customer’s Hotel Room. Customer authorizes Hospitality, and its employees, agents, contractors, and representatives to enter Customer’s hotel room or any other room from which Customer is accessing the Service (the “Premises”) as necessary to install, maintain, inspect, repair and remove the Equipment and/or the Service. All such services will be conducted at a time agreed to by Customer and the owner or manager of the Premises.
3. Prohibited Uses of the Service; Indemnity. Customer shall not use the Service to, directly or indirectly:
a. Invade another person’s privacy, stalk, harass, or otherwise violate the rights of others;
b. Harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful;
c. Post, transmit, or disseminate content which violates any proprietary rights of any third party, or is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable;
d. Post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, federal or international law, order or regulation;
e. Access any other person’s device, software, or data of any other person without the knowledge and consent of such person;
f. Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner. Hospitality assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used by the Customer for such purposes;
g. Resell the Service or otherwise charge others to use the Service, or copy or distribute any software provided by Hospitality. The Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise in competition with the Service;
h. Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful feature; or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
i. Use the Service to breach or attempt to breach the security of another user or attempt to gain access to any organization or person’s device, software, or data without the knowledge and consent of such person. The Equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for Customer, logging into or making use of a server or account Customer is not expressly authorized to access, or probing the security of other networks or devices for any reason. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited;
j. Disrupt Hospitality’s network or interfere with device networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempts to "crash" a host;
k. Operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Service;
l. Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature;
m. Use the Service to send bulk, commercial or unsolicited ("spam") email messages. The Service may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services that violate this Terms of Use or the acceptable use policy of any Internet service provider. In addition, "mail bombing," the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited; or
n. Reference Hospitality in the header or body of an unsolicited email, or list an IP address that belongs to Hospitality in any unsolicited email. Further, Customer may not take any action which implies that Hospitality is the sponsor of any unsolicited email even if that email is not sent through the Hospitality network. Further, forging, altering or removing electronic mail headers is prohibited.
Engaging in any of the activities listed above may result in immediate termination of the Service and Hospitality may exercise all remedies available to it in law or in equity, including, but not limited to, injunctive relief, criminal and civil charges, and refusal to provide future Service to Customer.
Customer agrees to indemnify and hold harmless Hospitality and each of its respective affiliates, officers, directors, subcontractors, employees and agents, from any claims, losses, or expenses of any kind (including, but not limited to attorneys’ fees) arising from Customer’s use or attempted use of the Service, including, but not limited to, use of the Equipment or the Service in any manner prohibited under these Terms of Use.
4. MONITORING AND COLLECTION OF DATA
When Customer uses the Service, Hospitality will track and store the IP address of the access point and may track the MAC address or unique identifier of the Customer’s device accessing the Service. Hospitality may also monitor the traffic for network management and security purposes, such as identifying malware, spammers, protocols used, the amount of bandwidth consumed, child pornography and other abuses. Hospitality may provide this information to law enforcement personnel pursuant to lawful subpoena or court order. By using the Service Customer acknowledges and agrees that Hospitality has the right to monitor electronically to operate the Service properly, or to protect itself or its subscribers, and to disclose any information as necessary to satisfy any law, regulation or other governmental request. Hospitality may offer location-based advertising based upon the location of the Wi-Fi access points. More information about the collection of data is available in the Privacy Policy located at www.coxhn.com
5. Termination.
If Customer violates any term of this Terms of Use, Hospitality may immediately terminate this Terms of Use and Hospitality’s provision of the Service, and may prevent Customer from accessing the Service again. Customer may terminate at any time by ceasing use of the Service.
6. NO WARRANTY AND LIMITATION OF LIABILITY
a) THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
b) HOSPITALITY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION WILL BE ERROR FREE.
c) IN NO EVENT SHALL HOSPITALITY OR THE OWNER THROUGH WHICH YOU ARE ACCESSING THE SERVICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION, ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, CORRUPTED DATA, OR VIRUS INFECTION, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE.
d) Although Hospitality has taken commercially reasonable steps to provide a secure system within limitations existing in network and device infrastructure, Hospitality does not warrant or guarantee that communication over the Service shall be secure from monitoring or tampering, nor that information stored on any device connected to the Service shall be secure from monitoring or tampering. Because of this, any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by Customer is sent at Customer’s sole risk and Hospitality shall have no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such actions by Customers.
e) Nothing contained in this Terms of Use shall be construed to limit Hospitality’s rights and remedies available at law or in equity.
7. Multiple Users. Customer acknowledges that Customer is executing this Terms of Use on behalf of all persons who use the Equipment and/or Service through Customer’s computer or other device. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Terms of Use. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Terms of Use, whether such breach is caused by Customer or by any other third party using the Service with Customer’s computer or other device.
8. Amendment. Hospitality may, in its sole discretion, change, modify, add or remove portions of this Terms of Use, and the Service provided hereunder, at any time.
9. Governing Law. This Terms of Use shall be exclusively governed by, and construed in accordance with, the laws of the State of Nevada. Customer may not bring any claim, suit or proceeding more than (1) year after the date the cause of action arose.
10. General. This Terms of Use constitutes the entire agreement and understanding between the parties and supersedes and replaces any and all prior written or verbal agreements with respect to the subject matter of this Terms of Use. In the event that any portion of this Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Hospitality’s failure to insist upon or enforce strict performance of any provision of this Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms of Use. This Terms of Use may not be assigned or transferred by Customer. This Terms of Use is freely assignable by Hospitality to third parties. The owner of the premises providing the Service to you through Hospitality is a third party beneficiary of this Terms of Use. For any inquiries or notices required in connection with this Terms of Use, Customer should contact Hospitality via e-mail at Cox.BizMarketing@cox.com or by letter to Hospitality Network, LLC, 1700 Vegas Drive, Las Vegas, Nevada, 89106, Attn: Director of Marketing.
