According to Section 8 of the Teledienstgesetz [Tele-Services Act], the operators of this website, as content providers, are responsible for their “own content” which is made available for use. Although all content is carefully checked and regularly updated, no guarantee can be given with regard to its completeness, correctness and most recent updating. No liability is therefore accepted by the website operators for losses in connection with the use of such content.
Such “own content” is to be differentiated from “links” to content made available by other providers. On the basis of such links, marked as hyperlink, the website operators do indeed make “extraneous or outside content” available for use. Through access by way of links they make it possible for such content to be used (Section 9 Teledienstgesetz). Since the website operators do not arrange for the transmission of the information, do not select the addressee of the information transmitted nor select or alter the information transmitted, they are not responsible for such “extraneous or outside” content. Due to the calling-up and linking methods selected there is no automatic short-term interim storage of such “extraneous or outside information” by the website operators either, so that on the basis of this also no liability for such “extraneous or outside” content arises for them.
However, “links” are always cross-references to “living” (dynamic) Internet sites of third parties. When the initial link was set up the website operators did indeed check the “extraneous or outside” content to see whether it might give rise to any form of liability under civil or criminal law. They are not, however, obliged to regularly check content linked from this website for any changes which might re-establish liability. Only if the website operators should find - or if their attention should be drawn to it by others - that a concrete offer to which a link was made available will lead to liability under civil or criminal law will they cancel the link to such an offer, provided this is technically possible and reasonable. Technical possibility and reasonableness shall not be influenced by the fact that even after access from the homepage has been stopped by the website operators, the illegal or punishable offer can be accessed through other servers.