Erste Bank der österreichischen Sparkassen AG (Erste Bank
Österreich), with its registered seat at 1010 Wien, Graben 21, FN 286283f,
Handelsgericht Wien, ("Erste Bank'') as well as the österreichischen
Sparkassen ("Sparkassen") ("we", "us") provide
you with a WiFi service free of charge in specially designated areas. To be able to use this WiFi service,
a WLAN compatible device including a WLAN card (minimum standard IEEE 802.11b),
as well as a browser, is required.

 

By using
this WiFi service and activating the button "I agree" you agree to be
bound by these Terms of Service. Please read this document carefully,
before you agree to its conditions:

 

1. Minimum age for usage of this WiFi service is 18 years.

 

2. The use of the WiFi service is provided to you free of
charge and within our technical, operational and economical capabilities. Thus
we cannot guarantee that the service will be uninterrupted or error-free. Radio
range, data transmission capacity and speed are particularly depending on your
distance from the access point, structural conditions of your respective
location, the number of active users, technical conditions of your device and
other physical factors. We furthermore reserve the right to do maintenance work
at any time, temporarily restrict or suspend the service.

 

3. Data transmission is not encrypted. Thus, your use of
this WiFi service is not protected against any eavesdropping of your data
stored on your system or transferred by using this service. You are solely
responsible for implementing adequate measures of protection or to refrain from
using this WiFi service entirely or regarding critical applications. You thus
take full responsibility and all risks for your usage of this WiFi service. Therefore
we assume no liability, except for willful damages caused by us, for any loss
of your data, hardware or software damages of your device or any other
disadvantage related to the usage of this WiFi service.

 

4. You take full responsibility to proof that your connected
system/device including the operating system and application programs is free
from malicious code and any other malware, as well as virus protection is
activated before you use our WiFi service. You are prohibited from using the
WiFi service, if you suspect that your equipment may contain any malware and
you have no virus protection activated. You defend and hold us harmless against
any and all damages arising of your negligent breach with that obligation.

 

5. You are explicitly prohibited from misusing or enabling
third-parties to misuse the WiFi service for illegal or criminal actions,
especially but not restricted to:

 

- sending of unsolicited e-mail messages containing any sort
of advertisements or mass-mails (spam pursuant to Sec 107 TKG).

- threats, obscene or discriminating content, molestation or
any other content that is violating applicable law, as well as actions causing
damage to other users or systems

- violating or infringing any copyright, trademark, patent,
or any other intellectual property rights of third-parties (eg inadmissible up-
or downloads of protected content, as by using peer-to-peer networks)

 

In case of non-compliance, we are entitled to immediately
and without any warning/message interrupt the WiFi connection.

 

6. You undertake to defend and hold us harmless from and
against any and all claims, damages, liabilities, costs and expenses (including
attorneys' fees and expenses) arising from (i) any culpable violation of these
Terms of Service and/or (ii) any damage (direct, indirect or consequential)
inflicted culpably by you to us or third parties, including any third-party
claims arising from your culpable conduct.

 

7. Any legal dispute arising from the use of this WiFi
service shall be governed exclusively by the laws of the Republic Austria,
without giving effect to any principles of conflicts of law. In case of a
consumer contract, the choice of law is effective to the extent that no more
stringent consumer protection law at consumer's residence is applicable.

 

8. All disputes directly or indirectly relating to or in
connection with the use of this WiFi service, including the question of the
applicability of these Terms of Service, shall be governed exclusively by the
Austrian court having jurisdiction for 1010-Vienna, Austria. This Agreement
only applies to consumers as set out in the Austrian law on consumer protection
("KSchG") if they have neither their residence nor their habitual
abode in Austria and if they do not work in Austria. By continuing, you confirm
that you accept these terms and conditions as the basis of your use of the
wireless internet access provided.