WiCo GmbH, being the provider of contents, is responsible for its own contents that it is offering for use, in compliance with the general laws. To be differentiated from the own contents are any links (banners, buttons, graphics, text links) to contents that are offered by other providers. WiCo offers such links for the usage of “outside contents.” WiCo will not be held responsible for these outside contents except unless it had positive knowledge of these (i.e., knowledge of its unlawful or criminal contents), and inasmuch as it was technically feasible and reasonable to prevent their use (§5 section 2 TDG = German Law for Telecom Services). While WiCo GmbH checked the outside contents prior to the initial linkage as to whether these may cause possible liability according to civil or criminal law, a given provider of such contents is him- or herself obliged according to the German Law for Telecom Services to check such contents to which he refers in his or her offers continuously for changes that might newly establish such legal liability. Not until the provider has noticed, or is notified by others of, the fact that a specific offer to which he has provided a link constitutes a new liability, will he or she remove the respective offer, as much as this is technically feasible and reasonable. The technical feasibility and reasonableness is not influenced by the fact that it may still be possible to access the unlawful or criminal offer from other servers even after the removal of the link from the WiCo homepage.
The pages of WiCo do not separately identify any brands, brand names, trademarks, and trade names shown. These trademarks and brands are the property of their respective owners. WiCo is not appropriating them.
