Atera GmbH, hereinafter referred to as Atera, is in its capacity as a content provider as defined by sec. 7 Telemedia Act responsible for its "own content", which it makes available for use. Although all content is carefully checked and continually updated, we can however accept no responsibility for such content being complete, accurate and fully up-to-date. Atera is therefore not liable for loss or damage connected with the use of such content.
A distinction must be drawn between our own content and links to content made available by other providers. To this extent, Atera makes "third party content" available for use through the link, thereby marking such content accordingly. Atera facilitates access for the use of such content through the link (sec. 8 Telemedia Act). Atera is not responsible for this "third party" content since Atera does not arrange for the transmission of the information, does not select the recipients of the transmitted information, and has not selected or changed the information transmitted either. Nor as the result of the methods selected for viewing and setting the links is there any automatic, temporary interim storage of this “third party information” by Atera, and so this also ensures that no responsibility for this third party content can be attributed to Atera.
Admittedly however, “links” always represent references to third parties’ "living" (dynamic) online presences. Although when setting the first link Atera checked the third party content to ensure that no possible responsibility under civil law or criminal law was triggered by such content, Atera is not obliged constantly to check the content referred to by the Atera website for changes that could account for a new responsibility. Only if Atera discovers or is alerted by others to the fact that specific content to which a link was provided can trigger a responsibility under civil law or criminal law will Atera remove the reference to this content, provided this is technically possible and reasonable. The fact that the unlawful or criminal content can be accessed from other servers even after the prevention of access from Atera's homepage will have no influence on the assessment of whether this is technically possible and reasonable.