I) Legal Notices
1) The customer must observe and comply with all of the applicable regulations (as well as other contractual provisions) when using the internet. The customer is solely responsible for any content, messages and information submitted and requested through internet services and these must not breach applicable law.
In particular, the messages and information may not prompt or facilitate breaches of law. The customer undertakes sole responsibility for compliance with the regulations towards IKB AG as well as third parties.
2) Requested information/data must correspond to legal provisions and regulations, as well as the regulations established in this regard by the provider of the databank or service
3) The customer is obliged to use or allow others to utilise the contractual services in a manner, which does not lead to the detriment of a third party or has the affect of endangering the security or operation of IKB AG's or other computers.
4) The transfer of services to a third party in return for payment requires the express and written consent of IKB AG.
5) Contractual services and potentially provided facilities may be used by the customer exclusively as intended. Any improper application within the meaning of Art. 107 of the Telecommunications Act 2003 should also be refrained from.
6) Should the customer make information or data of third parties publicly available via a databank, a notice-board, a website, or other systems or equipment, he assumes the position of the website owner within the meaning of the law. The customer is subsequently obliged to compile a legal notice, which must visibly contain the address of the person in possession of the telecom connection for all users.
7) If a customer circulates information/data or makes data available on request using third parties on his personal website, all of the thereby applicable legal regulations should be observed. The customer is solely responsible for the content of the website or the data provided on request. Should culpable infringements/negligence of these obligations lead to a loss or damage for IKB AG, this loss or damage is to be compensated by the customer according to the regulations of the Austrian Civil Law. The IKB AG must be held harmless and indemnified against third parties, which suffers a loss or damage due to the customer's behaviour.
8) The customer must possess all rights to graphics, text, audio and other materials published or made available to IKB AG for the creation of a website. Should culpable infringements/negligence of these obligations lead to a loss or damage for IKB AG, this loss or damage is to be compensated by the customer according to the regulations of the Austrian Civil Law. The IKB AG must be held harmless and indemnified against third parties, which suffers a loss or damage due to the customer's behaviour.
II) Security and abuse
1) The internet subscriber data (terminal identification) forms the basis of use of internet services; this consists of the access identification assigned by IKB AG and the personal password, which may be changed by the customer at any time.
2) If the customer announces a personal code word during the subscription, this shall expressly be deemed as consent to pass on access identification, passwords and/or e-mail addresses for the respective internet connection per telephone or fax, during enquiries by telephone and on citation of the code word. Without the notification of a personal code word by the customer, access identification, passwords and/or e-mail addresses will only be disclosed by IKB AG on written request.
3) The customer is liable for cost incurred (within civil law liability), which are caused by utilisation of IKB AG services by unauthorised third parties using a code or code word. This liability is only to be borne provided that the customer culpably failed to implement the appropriate remedial measures against third party access, although this would have been possible and reasonable. Moreover, this liability is to be borne for the time period until the customer reports the loss or theft OR IKB AG receives the instruction to change the code or code word at IKB AG.
4) According to Art. 94 of the Telecommunications Act 2003 the IKB AG can be obliged to participate in the monitoring of telecommunications in line with the STPO regulations. The customer has no rights whatsoever against IKB AG on grounds of actions from these obligations.
5) The customer takes note that the use of the internet involves certain risks and uncertainties (for example viruses, Trojan horses, hacker attacks, intrusion in WLAN systems etc.), which can also be influenced by, amongst other things, customers' behaviour. For instance, the lack of implementing or deliberately deactivating possible security settings on the PC or laptop (e.g. internet browser etc.), which increases risk. The installation of corresponding security solutions can counteract this. For security reasons, the customer is requested to change the personal code word time and again.
6) IKB AG is able to make security arrangements subject to the technical feasibility (e.g. an automatic access block after repeated false password entries). There is however no obligation to do this.
7) In order to provide for the legitimate utilisation of the services made available by IKB AG, the customer is obliged to take the appropriate technical and organisational measures.
8) In the context of preventing abuse of subscriber data, in particular of non-disclosure of subscriber data and of negligent transfer to unauthorised persons in any way, of negligence and prevention of any abuse of subscriber data, the customer promises
9) In compliance with the laws on pornography, the Prohibition Statute 1947, as well as the corresponding criminal law provisions, the procurement, dissemination and exhibition of certain contents is subject to legal restriction or forbidden. The customer's attention is expressly drawn to these provisions.
10) Legal guardians are responsible for monitoring the access restrictions of possible filtering software, which deny children or youth access to certain topics. Internet access should only be granted to under-age people under the supervision of legal guardians. Should culpable infringements/negligence of these obligations lead to a loss or damage for IKB AG, this loss or damage is to be compensated by the customer according to the regulations of the Austrian Civil Law.
11) The customer should make provisions in appropriate ways to ensure that subject matters, which are capable of morally endangering or compromising the welfare of children and youth, is precluded from coming to their notice or being forwarded by them.